United Nations Convention on the Law of the Sea 1982, Volume VII

United Nations Convention on the Law of the Sea 1982 A Commentary United Nations Convention on the Law of the Sea 198...

Author: Myron Nordquist

32 downloads 1055 Views 3MB Size Report

This content was uploaded by our users and we assume good faith they have the permission to share this book. If you own the copyright to this book and it is wrongfully on our website, we offer a simple DMCA procedure to remove your content from our site. Start by pressing the button below!

Report copyright / DMCA form

DOWNLOAD PDF

United Nations Convention on the Law of the Sea 1982 A Commentary

United Nations Convention on the Law of the Sea 1982 A Commentary Myron H. Nordquist, Series Editor-in-Chief Satya N. Nandan, Volume VII Editor-in-Chief and Series General Editor James Kraska, Volume VII Associate Editor

Volumes in this series: â•…â•›I.â•‡Text of Convention and Introductory Material, Volume Editor Myron H. Nordquist. 1985 ISBN 90-247-3145-3 â•‡â•›â•›II.â•‡Second Committee: Articles 1 to 85, Annexes I and II, and Final Act, Annex II, Volume Editors Satya N. Nandan and Shabtai Rosenne. 1993 ISBN 0-7923-2471-4 â•‡III.â•‡Second Committee: Articles 86 to 132, and supplementary documents, Volume Editors Satya N. Nandan and Shabtai Rosenne. 1995 ISBN 90-411-0035-0 â•‡ IV.â•‡Third Committee: Articles 192 to 278, and Final Act, Annex VI, Volume Editors Shabtai Rosenne and Alexander Yankov. 1991 ISBN 0-7923-0764-X â•… V.â•‡Informal Plenary Sessions: Settlement of Disputes, General and Final Provisions: Article 279 to 320, Annexes V, VI, VII, VIII and IX, and Final Act, Annex I, Resolutions I, III and IV Volume Editors Shabtai Rosenne and Louis B. Sohn. 1989 ISBN 90-247-3719-2 â•›â•›â•›VI.â•‡First Committee: Articles 133 to 191, Annexes III and IV, Final Act, Annex I, Resolution II, Agreement relating to the Implementation of Part XI, and Documentary Annexes I, II and III Volume Editors Satya N. Nandan, Michael W. Lodge and Shabtai Rosenne. 2002 ISBN 90-411-1981-7 VII.â•‡Consolidated Text of the United Nations Convention on the Law of the Sea with the 1994 Part XI Agreement, the 1995 Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement, Comprehensive Index to the Commentary Series, and Consolidated Lists of Cases and Treaties Editors-in-Chief Myron H. Nordquist and Satya N. Nandan and Associate Editor James Kraska. 2011 â•›

Center for Oceans Law and Policy University of Virginia School of Law

United Nations Convention on the Law of the Sea 1982 A Commentary Volume VII Consolidated United Nations Convention on the Law of the Sea and Comprehensive Index to the Commentary Series

Myron H. Nordquist, Series Editor-in-Chief

Satya N. Nandan, C.F., C.B.E.

Editor-in-Chief Volume VII and Series General Editor

James Kraska Associate Editor

LEIDEN . BOSTON 2011

This book is printed on acid-free paper. United Nations Convention on the Law of the Sea, 1982 : a commentary / Myron N. Nordquist, editor-in-chief, Shabtai Rosenne and James Kraska, volume editors. p. cm. At head of title: Center for Oceans Law and Policy, University of Virginia. Includes index. ISBN 9789004191174 (v. 7) 1. United Nations Convention on the Law of the Sea (1982) 2. Maritime law. I. Nordquist, Myron H. II. Rosenne, Shabtai. III. Kraska, James. IV. University of Virginia. Center for Oceans Law and Policy. JX4421.U55 1989 341.4’5—dc19

88 - 12691

ISBN 978 90 04 19117 4 Copyright 2011 by Center for Oceans Law and Policy, Charlottesville, Virginia, U.S.A., and Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change.

This volume is respectfully dedicated to the memory of our dear colleague and friend SHABTAI ROSENNE 1917–2010

CONTENTS

vii

CONTENTS Foreword........................................................................................................ix Preface and Acknowledgements....................................................................xi Introduction................................................................................................... xv Biographies of the Editors for Volume VII................................................xxiii Part I.â•…Text of the 1982 United Nations Convention on the Law of the Sea Consolidated with the General Assembly Resolution on the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982............................................. 3 Part II.â•… Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (A/CONF.164/37) and Final Act of the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (A/CONF.164/38)............................................................................. 217 Part III Consolidated Table of Cases............................................................ 273 Consolidated Table of Treaties......................................................... 279 Part IV.â•… CONSOLIDATED SUBJECT INDEX OF VOLUMES I–VI.............................................................................. 293

FOREWORD

ix

FOREWORD This is the seventh volume of an academic commentary on the 1982 United Nations Convention on the Law of the Sea (“Convention”). Since the inception of the project nearly 30 years ago, the Center for Oceans Law and Policy, University of Virginia School of Law has sponsored and supported work on the series. The Virginia Commentary project was conceived by its editors to meet the need for an objective and comprehensive analysis of the articles in the Convention and in the Agreement relating to the Implementation of Part XI of the Convention that entered into force in 1996. The 1982 Convention, with a modified deep seabed regime, had 161 Parties, including the European Union as of the start of 2011. Unlike the First and Second UN Conferences on the Law of the Sea held in 1958 and 1960 respectively, the Third UN Conference did not start with a draft text with accompanying Comments prepared by the International Law Commission. Instead the negotiation and drafting of the Convention articles evolved over five years of deliberations started in 1967 over a regime for the deep seabed. The Third Conference formally commenced with an organizational session in 1973 but the task of reconciling national positions on a substantive draft text actually commenced in 1974 in Caracas. Thereafter, most of the negotiations and drafting of specific texts were done informally where few formal records were kept. Thus, there is no official legislative history for the articles in the Convention. The format for the Virginia Commentary throughout the series is to present the text of each article and thereafter to cite its documentary sources. The line by line development for each article is discussed chronologically for each session of the Conference. Over 100 international law scholars or Conference diplomats, reflecting a wide diversity of views, contributed to drafting or reviewing the Commentaries. The Editor-in-Chief of this unique collegial collaboration for the series was Myron H. Nordquist, Associate Director of the Center for Oceans Law and Policy and the General Editors for the series were Satya N. Nandan and Shabtai Rosenne. The distinguished qualifications in the law of the sea for Ambassadors Nandan and Rosenne are detailed in each volume in the series. Suffice for me to note here that I cannot imagine a better team of editors, authors or reviewers for the Commentary. The reputation of the Virginia Commentary is now firmly established as the most authoritative reference work in the field of international law on the 1982 Convention. The series is regularly cited in judicial proceedings and in scholarly publications around the world. For me personally to have been the Director of the Center for the entire duration of the Commentary project is a source of great satisfaction. I am pleased to have the opportunity to pen this Foreword on the capstone volume. John Norton Moore Director, Center for Oceans Law and Policy

PREFACE AND ACKNOWLEDGEMENTS

xi

PREFACE AND ACKNOWLEDGEMENTS This is the seventh and final volume of a hard back series intended to provide a comprehensive, objective and authoritative commentary on the articles in the United Nations Convention on the Law of the Sea. As explained in the introduction written by Satya N. Nandan, the contents of this volume contain the consolidated text of the Convention and an Index to the entire series. As co-editors-in-chief, we decided to complete the Commentary series with a hard cover volume consisting of the original 1982 Convention text as fully integrated with the provisions of the 1994 Agreement on the Implementation of Part XI. Reading the 1982 and 1994 texts together presents the consolidated Convention in its final form. We also felt that the last hard cover volume in the series ought to include a subject Index to the prior six substantive volumes as well as the one fisheries agreement specifically implementing the Convention. At the same time, we recognized the ConvenÂ� tion’s intimate relationship with the three international bodies established by the ConvenÂ�tion. To accommodate evolving developments from these unique international institutions, we decided to prepare a companion paperback Supplement focused on the International Seabed Authority, the InternaÂ� tionalÂ€Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. The Supplement also includes a few other carefully selected related documents of enduring value. Volume I (1985) in the series contains the text of the original Convention and introductory materials, including a note on the extraordinarily complex documentation of the Conference as well as an explanation of its unique negotiating processes. The latter is jointly written by Conference President Tommy Koh and Shanmugam Jayakumar, the leader of the Singapore delegation to the Conference. Volume II (1993) is concentrated on the Second Committee at the Third Conference (dealing with traditional law of the sea topics) with commentaries on Article 1 to 85, Annexes I and II, and Final Act, Annex II. The second part of the Second Committee articles are in Volume III (1995): Articles 86 to 132 along with supplementary documents. The volume editors for both Volumes II and III are Satya N. Nandan and Shabtai Rosenne. Volume IV of the series (1991) is devoted to the Third Committee (mainly marine environment and scientific research), Articles 192–278, and Final Act, Annex VI. The volume editors for Volume IV are Shabtai Rosenne and Alexander Yankov, who chaired the Third Committee at the Conference. Volume V (1989) deals with settlement of disputes Articles 279–320 as well as General and Final provisions and Annex V (conciliation), Annex VI (International Tribunal for the Law of the Sea), Annex VII (arbitration), Annex VIII (special arbitration), Annex IX (international organizations) and Final Act, Annex I, Resolutions I, III and IV. The Volume V editors are Shabtai Rosenne and Louis B. Sohn who was the principal draftsman of the dispute settlement articles at the Third Conference. Volume VI (2002) is the last substantive volume whose release was delayed until after the successful negotiation of the 1994 Agreement on implementation of the deep seabed

xii

PREFACE AND ACKNOWLEDGEMENTS

regime. The editor-in-chief of this volume is Satya N. Nandan, who was by then Secretary-General of the International Seabed Authority. The Associate Editor for Volume VI was Michael W. Lodge, Legal Adviser to the International Seabed Authority while, again, Shabtai Rosenne served as a General Editor. The commentary in Volume VI covers Articles 133 to 191, Annexes III and IV as well as the Final Act, Annex I, Resolution II and the 1994 Agreement relating to the Implementation of Part XI. The scope and duration of the Virginia Commentary project is without precedent as an academic undertaking in the field of international law. The series could not have been completed without an abiding trust and friendship among the several hundred contributors to the individual volumes. The most remarkable aspect is that these scholar-diplomats came from all parts of the world. While all contributed in their personal capacity, they certainly held differing views on many issues. Often it was a challenge to reconcile differing perceptions. The individuals primarily responsible for drafting and editing commentaries are recognized in each volume. The list for the entire series is too long to repeat here. What is appropriate is to identify a few persons indispensible for crafting and directing the series as a whole. John Norton Moore was not only the Director of the Center for Oceans Law and Policy for the 30 year duration of the Commentary project but also he was the Ambassador and Deputy Special Representative of the President of the United States at the Conference. Professor Moore genuinely appreciated the magnitude of the Commentary effort and his steadfast support in providing a home base at Virginia for the project was essential for the success of the series. The authoritative credibility of the Commentary was derived from the unique expertise and the hands-on Conference experience of the principal author-editors of each volume. No one was better qualified than Tommy Koh as President of the Conference to describe the negotiating process in Volume I. Alexander Yankov was the chairman of the Third Committee at the Conference where he personally oversaw the drafting of the articles dealing with the marine environment and scientific research in Volume IV. Louis B. Sohn was almost the sole draftsman of the dispute settlement articles in the Convention covered in Volume V. Satya N.Nandan was the primary draftsman of the text in the 1994 deep seabed regime Agreement. Michael Lodge worked with Satya Nandan in the International Seabed Authority as its legal counsel. They produced Volume VI of the Commentary. Their combined knowledge of the law governing the activities of the International Seabed Authority is without equal. The heart of the legal regime governing the oceans is found in traditional law of the sea articles drafted in the Second Committee at the Third Conference. These articles cover vital economic and security interests and are a mixture of conventional and customary international law. Satya N. Nandan was the Rapporteur of the Second Committee at the Conference. In many instances, he was the principal draftsman for the original text in the Convention. In such cases, he is the only person that can explain why particular wording was selected. Shabtai Rosenne applied his scrupulous eye for even the most minor detail to almost all of the

PREFACE AND ACKNOWLEDGEMENTS

xiii

substantive volumes of the Commentary. Shabtai Rosenne was the only scholar-diplomat in the Commentary project and one of the few anywhere, who was an active negotiator at the First, Second and Third Conferences on the Law of Sea. He was a walking encyclopedia on both the law of the sea and international law in general. After three decades of collaboration, everyone with even a remote connection to the project acutely misses him after his passing in 2010. We demonstrate our affection and respect for our dear colleague and friend by dedicating Volume VII to his memory. Lastly, as in previous volumes, we acknowledge the kind assistance of individuals who helped to prepare Volume VII. Of special note is Commander James Kraska now a Professor of International Law at the US Naval War College. Commander Kraska is a rising young scholar who was instrumental in pulling together Volume VII as an Associate Editor. Both Marie Sheldon and Lauren Danahy at our publisher Brill-Nijhoff, offered many constructive ideas while Judy Ellis at the Center for Oceans Law and Policy here at the University of Virginia School of Law was technical editor of Volume VII and its companion Supplement. The combination of a helpful publishing team and Judy Ellis’ technical skills overcame what at first blush seemed like insolvable formatting problems. Other staff at the Center for Oceans Law and Policy Center including Executive Administrator Donna Ganoe also helped in various capacities. As always, in the end, the Editor-in-Chief for the series is properly held responsible for inevitable errors and omissions. Myron H. Nordquist Series Editor-in-Chief

INTRODUCTION

xv

INTRODUCTION This is the seventh and concluding volume of the Commentary series on the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, (the Convention).1 Volume VII has three parts. Part I contains the text of a consolidated version of the Convention with the Agreement Relating to the Implementation of Part XI of the Convention on the Law of the Sea of 10 December 1982, adopted by the United Nations General Assembly on 28 July 1994, (the Agreement).2 The Agreement makes significant changes to the regime for deep seabed mining contained in Part XI of the Convention. In so doing, it addressed a number of outstanding issues that had remained controversial when the Convention was adopted on 30 April 1982 by the Third United Nations Conference on the Law of the Sea (the Conference). For details of the negotiations that led to the adoption of the Agreement see the Introduction to Volume VI of this series. The Agreement resolved the outstanding issues in Part XI that had led to the rejection of the Convention in 1982 by the United States and some other key industrialized States, including Germany and the United Kingdom. Those issues had also inhibited many industrialized States that had signed the Convention from ratifying it. The adoption of the Agreement opened the door to universal participation in the Convention.3 In accordance with the Agreement, any instrument of ratification or formal confirmation of or accession to the Convention following its adoption shall also represent consent to be bound by the Agreement. No State or entity may establish its consent to be bound by the Agreement unless it has previously established or establishes at the same time its consent to be bound by the Convention. The Convention entered into force on 16 November 1994. To avoid a duality of regimes existing upon entry into force of the Convention, the Agreement provided that if it was not in force at the date of entry into force of the Convention it would be applied provisionally pending its entry into force. The Agreement entered into force on 28 July 1996. On the same date its provisional application terminated. For more details on the procedures relating to entry into force of the Agreement and its relation to the Convention see INTRO. 37 in Volume VI. In accordance with Article 2 of the 1994 Agreement, the Agreement and Part XI of the Convention “shall be interpreted and applied together as a

1 â•‡ Official Records of the Third United Nations Conference on the Law of the Sea, Vol. XVII (United Nations, Sales No. E.84.V.2), document A/CONF.62/122. It is reproduced in Volume I of this series. 2 â•‡ The Agreement is formally annexed to GA res. 48/263,48 GOAR, agenda item 36. It is reproduced as Documentary Annex I in Vol. VI of this series. It was adopted by 121 votes in favour, including Germany, United Kingdom and the United States, to none against with 7 abstentions. 3 â•‡ As at the end of January 2011 there were 161 Parties to the Convention (160 States and the EU).

xvi

INTRODUCTION

single instrument” and in the event of any inconsistency between the two “the provisions of this Agreement shall prevail”. Since the Agreement was negotiated and adopted before the entry into force of the Convention, with a view to its provisional application from the date of the entry into force of the Convention, the formal amendment procedures prescribed in the Convention could not be used to make the necessary changes. There was also objection to any language that would state that certain provisions of the Convention were being deleted since more than fifty States out of the required sixty, for entry into force, had already ratified the Convention. In the event, a compromise was achieved by providing in the Agreement that certain provisions in Part XI and Annex III of the Convention “shall not apply” but instead certain other provisions contained in the text of the Agreement shall apply to the implementation of the Convention. In this way the necessary modifications to the provisions of Part XI and Annex III were effected. All State Parties, who are ipso facto members of the International Seabed Authority under the Convention, have accepted the binding legal character of the Part XI agreement as reflected in the consolidated text. The modifications of the regime for deep seabed mining as reflected in the consolidated text are now the basis for the decisions of the International Seabed Authority. Furthermore, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea issued its first advisory opinion on 1 February 2011, on the Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area. The Tribunal affirmed that the Part XI agreement together with the Convention provide the regime for deep seabed mining and in the case of a conflict between the Convention and the agreement the provisions of the agreement “shall prevail” as provided for in the agreement.4 The consolidated text in this volume provides an unofficial merger of Part XI of the Convention with the provisions in the 1994 Agreement. We wish to record our appreciation to Mr. Michael W. Lodge, the Legal Counsel of the International Seabed Authority and his colleagues for providing this consolidated text. Part II consists of the text of the second implementing agreement relating to the provisions of the 1982 Convention. The full title of the agreement is the “Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks”. It is commonly known as the “UN Fish Stocks Agreement” or “UNFSA”. The Agreement was done at New York on 4 December 1995 and entered into force on 11 December 2001. It was negotiated at the Conference convened by the United Nations in 1993 at the request of the United Nations Conference on Environment and Development (UNCED), held at Rio de Janeiro in June 1992. The UN Fish Stocks

â•‡ See ITLOS report 2011 case number 17.

4

INTRODUCTION

xvii

Agreement is an important response to the problems of fisheries conservation and management.5 Part III contains a consolidated table of cases and a consolidated table of treaties. Part IV consists of a comprehensive subject index to Volumes I to VI of the Commentary series. We are grateful to Carol Roberts, a professional indexer, for this important work. Notes on the use of the index are also provided. The 1982 United Nations Convention on the Law of the Sea forms the basis of the modern legal framework for ocean governance. The Convention has made a decisive contribution to the rule of law. It sets out the principles and norms for the conduct of relations among States on maritime issues. As such it contributes immensely to the maintenance of global peace and security. This will be its enduring legacy. The Convention has been described as a constitution for the oceans. Over a number of decades now, it has, without fanfare, imperceptibly but surely, earned its place as a great achievement of the international community. Its influence goes beyond the confines of the law of the sea. It has established itself as part of the global system for peace and security, of which the Charter of the United Nations is the foundation. The achievements of the Convention are many. It has resolved a number of critical issues, some of which had eluded agreement for centuries. It reflects a delicate balance between competing interests in the use of the ocean and its resources by taking a functional approach to establishing the various maritime zones and by defining the rights and duties of States in those zones, including in the ocean space beyond national jurisdiction. The Convention finally settles the breadth of the territorial sea at 12 nautical miles, with a guaranteed right of passage for international navigation in those waters; it ensures unhampered passage6 of vessels and aircraft through and over archipelagic waters and vital straits used for international navigation around the world; it secures for coastal States resource and environmental jurisdiction in a 200 nautical mile exclusive economic zone without limiting other legitimate activities of the international community in that zone; it imposes a duty on all States to ensure, through proper conservation and management measures, the long-term sustainable use of living resources; it provides for an extended continental shelf jurisdiction, combining scientific and geological criteria with distance criteria for determining precisely its outer limit and makes provision for the sharing of revenues from the resources of the shelf beyond 200 nautical miles; it guarantees access to and from the sea for land-locked States; it provides for a regime for archipelagic States; it

â•‡ For further comments on the UN Fish Stocks Agreement see below. â•‡Reference to passage includes the right of innocent passage through the territorial sea and archipelagic waters, transit passage through straits used for international navigation and the archipelagic sea lanes passage in the archipelagic waters. See Volume II, part 2 section 3, part 3 section 2, and part 4. 5 6

xviii

INTRODUCTION

establishes a regime for the development of the mineral resources of the deep seabed which is the common heritage of mankind,7 and from which mankind as a whole is to benefit; it sets out rules for the conduct of marine scientific research; it contains the most comprehensive set of rules for the protection and preservation of the marine environment and imposes a duty on all States to protect the oceans from all sources of pollution; and it promotes peaceful settlement of disputes by establishing mechanisms and procedures for compulsory settlement of disputes arising from the interpretation and application of the provisions of the Convention. Thus the Convention has established certainty in the international law of the sea in place of the chaos that preceded it. In reviewing the old law and revising or replacing it where necessary, and by introducing new concepts and norms to meet the current needs of the international community, the Convention has revolutionized the international law of the sea. This was achieved through painstaking negotiation on each important issue and through the process of consensus building at the Conference and subsequently through the implementing agreements. The success of the Convention is determined not only by the number of States Parties—which is already remarkable and beyond all expectations— but also by its tangible achievements. The fundamental provisions of the Convention are for the most part consistently and uniformly applied in State practice. This is self-evident from a careful examination of the practice of States in all parts of the world. Those few States who have not become parties so far have certain specific difficulties peculiar to them. These are either internal constitutional problems for some States or issues of a bilateral nature which cannot be resolved through a global treaty. On the other hand, in practice, most of these States recognize that the Convention reflects the current international law of the sea. Indeed, the Convention is recognized as the preeminent source for the international law of the sea by States, the International Court of Justice, the International Tribunal for the Law of the Sea and other judicial or arbitral bodies dealing with marine-related issues. The Convention has changed the political geography of the world by enclosing large areas of the oceans under the national jurisdiction of sovereign States. With the near-universal acceptance of the Convention, the problem today is not that there is no legal framework for ocean governance but rather how States should act in the discharge of their responsibilities under the Convention and in the exercise of the rights and duties ascribed to them for ocean governance. It is worthy of note that the Convention is not a static instrument. It provides a basic framework for the conduct of relations among States on maritime issues. Its principles and norms lend themselves to further development. In this sense, there is an in-built flexibility which allows for the development

7 â•‡ See Introduction Volume VI: INTRO.3. on the development of the concept of the “common heritage of mankind”.

INTRODUCTION

xix

of new norms, within the framework of the Convention, in response to evolving circumstances. We have already seen this happen in the two implementing agreements that have been adopted. The objectives of these two agreements were different. In the first case the purpose was to modify the provisions of Part XI of the Convention in order to resolve the issues that had remained outstanding when the Convention was adopted. In the second case the purpose was to elaborate upon the principles and norms in the Convention relating to fisheries conservation and management in order to give practical effect to them. The regime set out in the Convention and the 1994 Agreement, while containing the basic principles for exploration and exploitation of the resources of the deep seabed, also requires further elaboration and implementation through the adoption of regulations for the conduct of exploration and exploitation activities. In July 2000, the Assembly of the International Seabed Authority8 approved the first set of such regulations covering prospecting and exploration for polymetallic nodules. The significance of this achievement lay in the fact that it completed the scheme set out in the Convention and the Agreement for the administration of the resources of the international Area9 and provided a mechanism for the practical implementation of the legal regime through the issue of contracts to those who wish to explore the deep seabed.10 While the focus of discussions at the Conference was on the exploration of polymetallic nodules in the international seabed area, this is only one kind of resource available from the sea floor. Recent scientific studies have shown the existence of cobalt bearing crusts and polymetallic sulphides as potentially viable economic resources. Regulations governing these resources are being developed within the overall framework of the Convention and the Agreement, with due regard to the need to protect the marine environment from potentially harmful effects. In July 2010 the Authority adopted a second set of regulations covering prospecting and exploration for polymetallic sulphides. A third set of regulations covering prospecting and exploration for cobalt crusts is in preparation for adoption in 2011. In the area of fisheries, by the early 1990s it was widely recognized that there was over-exploitation of fish resources resulting in dangerous depletionÂ€ of important fish stocks. It was also recognized that the legal regime for high seas fishing set out in the Geneva Convention of 1958, and largely incorporated in the 1982 Convention, was inadequate to safeguard the fisheries resources of the high seas, particularly those classed as straddling fish stocks and highly migratory fish stocks. Agenda 21, adopted by UNCED, in

â•‡ See Vol. VI section 4. â•‡ In accordance with Article 1, paragraph 1(1) of the Convention “the Area” is defined as “the seabed and the ocean floor and subsoil thereof, beyond the limits of national jurisdiction”. 10 â•‡ Eight exploration contracts have been issued and two applications for exploration for polymetallic nodules are pending. Two further applications for contracts to explore for polymetallic sulphides had been submitted as at December 2010. â•›â•›â•›â•›8 â•›â•›â•›â•›9

xx

INTRODUCTION

paragraph 17.4911 urged that “States should take effective action, including through bilateral and multilateral cooperation, where appropriate at the subregional, regional and global levels, to ensure that high seas fisheries are managed in accordance with the provisions of the United Nations ConvenÂ�tion on the Law of the Sea”. Chapter 17, programme area C of Agenda 21 stated that “the management of high seas fisheries is inadequate in many areas and that some resources are over utilized; noting that there are problems of unregulated fishing, over-capitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States”. It was therefore not surprising that UNCED called for a conference to address the problems of high seas fisheries. In the context of straddling fish stocks and highly migratory fish stocks, the Agreement establishes norms and principles for fisheries management, many of which are of general application to all types of fish stocks and in all jurisdictional areas. Thus, since the conference was dealing with the marine ecosystem in which such stocks are found, it indirectly addressed the problem of fisheries management in general. In particular, the Agreement introduces the concept of the precautionary approach to fisheries management both on the high seas and in areas under national jurisdiction. In this respect, the Agreement is a blueprint for fisheries conservation and management in general and the future of fisheries depends on how this very important agreement on conservation and management of fisheries will be implemented by States. The Agreement recognizes the importance of a cooperative approach to fisheries management and calls for compatible conservation and management measures. While the Agreement does not in any way affect the concept of sovereign rights to living resources within national jurisdiction as provided in the Convention, it nevertheless emphasizes the interdependency of stocks and recognizes that, in the final analysis, neither the coastal State nor the distant water fishing State, can manage the stocks in isolation. There must be a framework through which coastal States and fishing States can cooperate to establish management regimes and agree on problems of allocation and effort limitation. In this regard the provisions of the Convention have been elaborated upon. The roles and responsibilities of regional fisheries management organizations have been clarified and made more meaningful as a forum for management of shared resources. In particular, not only have the requirements for flag State responsibility been further developed and enumerated, but also they have been supplemented by measures that can be taken by members of regional organizations in cases where the flag State is unable or unwilling to take effective action itself. Thus, through a combination of the mechanisms provided in the Agreement

11 â•‡Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June 1992, Vol. 1: Resolutions adopted by the Conference, resolution 1, annex II, para. 17.49

INTRODUCTION

xxi

and the measures to be adopted through regional organizations, a significant gap in the effective application of conservation and management measures has been filled. This is an important development in international law concerning the management of fisheries. The provisions of the UN Fish Stocks Agreement are supplemented by the FAO Code of Conduct for Responsible Fisheries and the related Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas.12 One of the important features of the 1982 Convention is that throughoutÂ€its many parts, it calls for cooperation between and among States in the implementation of its provisions. It is to be hoped that all future problemsÂ€ arising from the use of the oceans will be resolved through such cooperation. No legal framework would be complete without a mechanism for settling disputes. In most international treaties, it is difficult to get States to agree to such a system. Even in the case of the Charter of the United Nations which establishes the Statute of the International Court of Justice, there is no compulsory and binding dispute settlement mechanism. One of the most important contributions of the Convention, therefore, is the establishment of mechanisms and procedures for compulsory settlement of disputes arising from the interpretation and application of the provisions of the Convention. For this purpose, the Convention establishes a new international institution, the International Tribunal for the Law of the Sea, in addition to existing mechanisms for settlement of disputes, such as arbitration, conciliations, and the International Court of Justice.13 When we look at the broad spectrum of issues dealt with in the Convention it is apparent that the problems of ocean space are closely interrelated and need to be considered as a whole. Indeed, this principle is embodied in the Preamble of the Convention and the inter-relationship of the various parts of the Convention is premised on this fundamental principle. It is therefore imperative that this integrated approach to the different uses of the oceans and the development of its resources is given practical effect. It is only through such an approach that the delicate balance between the conflicting interests and activities in the oceans achieved in the Convention can be maintained. Such a balance was seen as a sine qua non for the general and widespread acceptance of the Convention. While the Convention provides the basic framework, the norms for ocean governance go beyond the Convention and are contained in many instruments, declarations and decisions related to the regulation of differentÂ€ uses of the oceans and the development of their resources. Since the Convention was adopted, and especially since the early 1990s, a large

12 â•‡ The FAO Code of Conduct is reproduced in the Supplement as document IV B, which is a companion to this volume. 13 â•‡ Part II of the Supplement contains the basic documents for the International Tribunal for the Law of the Sea and related matters.

xxii

INTRODUCTION

number of new international instruments have been put in place, within the framework of the Convention. Most pre-existing instruments have been modified to make them consistent with the Convention. Such instruments cover subjects as diverse as navigation and overflight, fisheries, scientific research and the ocean environment in general. In addition, aspects of ocean governance are being discussed in a number of international organizations and technical bodies. These developments, which have taken place within the parameters established by the Convention, represent the best example in the progressive development of international law and the rule of law in ocean governance. There are other important instruments, such as the London Dumping Convention, the Antarctic Treaty System, the Convention on Biological Diversity, the Framework Convention on Climate Change and related protocols, which also impact upon the system of ocean governance. To these must be added the influence of declarations such as the Stockholm Declaration on the Human Environment, from which the basic principles for protection and preservation of the marine environment were developed for inclusion in Part XII of the Convention and the UNCED, which produced Agenda 21, in particular Chapter 17 on the seas and oceans, as well as the Global Programme of Action on the Protection of the Marine Environment from Land-Based Activities. While not having the status of treaty law, these instruments contain important principles which apply to the oceans and make an important contribution to the overall system of ocean governance. There are also a large number of technical regulatory measures that have been established through global and regional organizations. Among these must be included the rules and guidelines adopted by the International Maritime Organization in relation to maritime safety and prevention of pollution from ships, the rules, codes and conventions adopted by the Food and Agriculture Organization of the United Nations in relation to responsible fishing practices, and the regional seas conventions adopted under the auspices of the United Nations Environment Programme. As the new millennium progresses major challenges will undoubtedly continue to arise in the world’s oceans. They will be driven by the use of its vast resources and by the increasing pressure from rapid technological development, increased scientific research, exploding populations, and concerns for the marine environment. These pressures will come from an ever-growing demand for food resources, rapid growth in communication, trade and transportation as well as from the demand for oil, gas, and other mineral resources from the sea. These challenges can be best addressed through increased international cooperation and through a flexible and creative approach to the implementation of the principles and norms embodied in the Convention. Satya N. Nandan, C.F., C.B.E. New York March 2011

BIOGRAPHIES OF THE EDITORS FOR VOLUME VII

xxiii

BIOGRAPHIES OF THE EDITORS FOR VOLUME VII Dr. Myron H. Nordquist.â•‡ Professor Nordquist serves concurrently as the Associate Director and Editor of the Center for Oceans Law and Policy, and as the Senior Fellow for the Center for National Security Law, both at the University of Virginia School of Law. Professor Nordquist was a professor of law at the United States Air Force Academy from July 1993 until December 1998. During the 1995–1996 academic year, he was the Charles H. Stockton Professor of International Law at the United States Naval War College. He was Deputy and then Acting General Counsel of the Department of the Air Force from September 1990 until July 1993. Professor Nordquist was an attorney advisor and legislative counsel in the Department of State Office of Legal Adviser from August 1970 until January 1978. While serving in the Office of Legal Adviser, Professor Nordquist was Office Director of the NSC Interagency Task Force on the Law of the Sea and Secretary of the United States Delegation to the Third United Nations Conference on the Law of the Sea. He engaged in private law practice in Washington, DC, from February 1978 until September 1990, specializing in international business law. Over the years, he has taught on the adjunct law faculties at American University, George Washington University, and the University of Denver. Professor Nordquist has edited more than 50 books on international law topics. He is Editor-in-Chief of the seven-volume Commentary on the 1982 U.N. Convention on the Law of the Sea sponsored by the University of Virginia’s Center for Oceans Law and Policy. Ambassador Satya N. Nandan,â•‡ C.F., C.B.E., was the SecretaryGeneral of the International Seabed Authority 1996–2008. He earlier served as Secretary for Foreign Affairs of Fiji. He was Under-Secretary-General of the United Nations from March 1983 to February 1992. He was also Special Representative of the Secretary-General for the Law of the Sea during 1983– 1992 when he was responsible for the Preparatory Commission for the entry into force of the 1982 Convention. Ambassador Nandan was among the leaders of the Third UN Conference on the Law of the Sea. As Rapporteur of the Second Committee, he prepared the Informal Single Negotiating Text (ISNT) in 1975 which became the basis for the negotiations for the Convention. He also was Chairman of the negotiating groups on a number of key issues before the Conference. As Special Representative of the Secretary-General for the Law of the Sea, he led the consultations on outstanding issues relating to the regime for deep seabed mining which had prevented the industrialized countries from accepting the 1982 United Nations Convention on the Law of the Sea. The consultations resulted in the 1994 Agreement to implement the provisions of Part XI of the Convention which opened the door to universal participation in the 1982 Convention. He was elected the Chairman of the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and drafted the

xxiv

BIOGRAPHIES OF THE EDITORS FOR VOLUME VII

negotiating text for the Agreement which was adopted in 1995 as Agreement for the implementation of the provisions of the UN Convention on the Law of the Sea relating to the conservation and management of Straddling Fish Stocks and Highly Migratory Fish Stocks. He served as Chairman of the Central and Western Fisheries Commission from 2008–2010. Ambassador Nandan has written extensively on the Law of the Sea, the United Nations, and related matters. He serves as general editor of the Law of the Sea Commentary series, consisting of seven volumes published by the University of Virginia Center for Ocean Law and Policy, and was volume editor of volumes 2, 3, 6, and 7. He is currently a Distinguished Senior Fellow at the Center for Oceans Law and Policy, University of Virginia School of Law. Commander James Kraska, USN.â•‡ Commander James Kraska is a judge advocate in the U.S. Navy and serves as the Howard S. Levie Chair of Operational Law and a Senior Associate in the Center for Irregular Warfare and Armed Groups at the U.S. Naval War College in Newport, Rhode Island. He also holds appointments as a Senior Fellow at the Foreign Policy Research Institute and as a Guest Investigator at the Marine Policy Center, Woods Hole Oceanographic Institution. Commander Kraska completed assignments with joint and naval task forces in the Asia-Pacific, two tours in Japan and four Pentagon major staff assignments, including as Oceans Policy Adviser as well as Chief of the International Negotiations Division on the Joint Staff. Kraska’s publications include Maritime Power and the Law of the Sea (Oxford) and Contemporary Maritime Piracy (Praeger), and he is editor of Arctic Security in an Age of Climate Change (Cambridge) and associate editor of Volume VII of United Nations Convention on the Law of the Sea 1982: A Commentary (Brill/Nijhoff). He holds both a research doctorate (J.S.D.) and master's degree in law (LL.M.) from the University of Virginia Law School, and a professional doctorate in law (J.D.) from Indiana University Maurer School of Law, Bloomington. Kraska also earned a master of arts in international studies (M.A.I.S.) from the School of Politics and Economics, Claremont Graduate School. In 2010, Kraska was selected for the Alfred Thayer Mahan Award for Literary Achievement from the Navy League of the United States.

PART I

UN CONVENTION ON THE LAW OF THE SEA

3

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 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 conservation of their living resources, and the study, protection and preservation of the marine environment, 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, Believing that the codification and progressive development 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,

4

PART I

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 Article 1 Use of terms and scope 1.â•‡ For the purposes of this Convention: (1)â•‡ “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction; (2)â•‡ “Authority” means the International Seabed Authority; (3)â•‡ “activities in the Area” means all activities of exploration for, and exploitation of, the resources of the Area; (4)â•‡ “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)â•‡ (a)â•‡ “dumping” means: â•…â•…â•›â•›(i)â•‡any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea; â•…â•… (ii)â•‡any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea; â•›â•›â•›(b)â•‡“dumping” does not include: â•…â•…â•›â•›(i)â•‡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, air-craft, platforms or structures; â•…â•… (ii)â•‡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.â•‡ (1)â•‡ “States Parties” means States which have consented to be bound by this Convention and for which this Convention is in force.

UN CONVENTION ON THE LAW OF THE SEA

5

(2)â•‡ 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 SECTION 1. GENERAL PROVISIONS Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 1.â•‡ The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2.â•‡ This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3.â•‡ The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA Article 3 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. Article 4 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. Article 5 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.

6

PART I

Article 6 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 shown by the appropriate symbol on charts officially recognized by the coastal State. Article 7 Straight baselines 1.â•‡ In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2.â•‡ Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention. 3.â•‡ The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. 4.â•‡ Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition. 5.â•‡ Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. 6.â•‡ The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone. Article 8 Internal waters 1.â•‡ Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. 2.â•‡ Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters

UN CONVENTION ON THE LAW OF THE SEA

7

areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. Article 9 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. Article 10 Bays 1.â•‡ This article relates only to bays the coasts of which belong to a single State. 2.â•‡ For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. 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. 3.â•‡ For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the presence of islands, an indentation has more than one mouth, the semicircle 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. 4.â•‡ If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters. 5.â•‡ Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. 6.â•‡ The foregoing provisions do not apply to so-called “historic” bays, or in any case where the system of straight baselines provided for in article 7 is applied. Article 11 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.

8

PART I

Article 12 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. Article 13 Low-tide elevations 1.â•‡ A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. 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. 2.â•‡ Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. Article 14 Combination of methods for determining baselines The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions. Article 15 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. Article 16 Charts and lists of geographical co-ordinates 1.â•‡ The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom,Â€and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their

UN CONVENTION ON THE LAW OF THE SEA

9

position. Alternatively, a list of geographical co-ordinates of points, specifying the geodetic datum, may be substituted. 2.â•‡ The coastal State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A. RULES APPLICABLE TO ALL SHIPS Article 17 Right of innocent passage Subject to this Convention, ships of all States, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea. Article 18 Meaning of passage of:

1.â•‡ Passage means navigation through the territorial sea for the purpose

(a)â•‡traversing that sea without entering internal waters or calling at a road-stead or port facility outside internal waters; or (b)â•‡proceeding to or from internal waters or a call at such roadstead or port facility. 2.â•‡ Passage shall be continuous and expeditious. 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. Article 19 Meaning of innocent passage 1.â•‡ Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2.â•‡ Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a)â•‡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)â•‡ any exercise or practice with weapons of any kind;

10

PART I

(c)â•‡â†œæ¸€å±®any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d)â•‡any act of propaganda aimed at affecting the defence or security of the coastal State; (e)â•‡â†œæ¸€å±®the launching, landing or taking on board of any aircraft; (f)â•‡â•›â†œthe launching, landing or taking on board of any military device; (g)â•‡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)â•‡any act of wilful and serious pollution contrary to this Convention; (i)â•‡â•›â†œæ¸€å±®any fishing activities; (j)â•‡â•›â†œæ¸€å±®â†œthe carrying out of research or survey activities; (k)â•‡any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l)â•‡â•›â•›any other activity not having a direct bearing on passage. Article 20 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. Article 21 Laws and regulations of the coastal State relating to innocent passage 1.â•‡ The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following: (a)â•‡â†œthe safety of navigation and the regulation of maritime traffic; (b)â•‡the protection of navigational aids and facilities and other facilities or installations; (c)â•‡â†œthe protection of cables and pipelines; (d)â•‡ the conservation of the living resources of the sea; (e)â•‡â†œæ¸•the prevention of infringement of the fisheries laws and regulations of the coastal State; (f)â•‡â†œæ¸€å±®â†œæ¸€å±®the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g)â•‡ marine scientific research and hydrographic surveys; (h)â•‡the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State. 2.â•‡ Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards.

UN CONVENTION ON THE LAW OF THE SEA

11

3.â•‡ The coastal State shall give due publicity to all such laws and regulations. 4.â•‡ Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea. Article 22 Sea lanes and traffic separation schemes in the territorial sea 1.â•‡ The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships. 2.â•‡ In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes. 3.â•‡ In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account: (a)â•‡the recommendations of the competent international organization; (b)â•‡ any channels customarily used for international navigation; (c)â•‡ the special characteristics of particular ships and channels; and (d)â•‡ the density of traffic. 4.â•‡ The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given. Article 23 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. Article 24 Duties of the coastal State 1.â•‡ The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. 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)â•‡impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or

12

PART I

(b)â•‡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. 2.â•‡ The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea. Article 25 Rights of protection of the coastal State 1.â•‡ The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. 2.â•‡ In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. 3.â•‡ The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. Article 26 Charges which may be levied upon foreign ships 1.â•‡ No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. 2.â•‡ Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination. SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES Article 27 Criminal jurisdiction on board a foreign ship 1.â•‡ The criminal jurisdiction of the coastal State should not be exercisedÂ€on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases: (a)â•‡ if the consequences of the crime extend to the coastal State; (b)â•‡if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea; (c)â•‡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

UN CONVENTION ON THE LAW OF THE SEA

13

(d)â•‡if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. 2.â•‡ The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters. 3.â•‡ In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken. 4.â•‡ In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation. 5.â•‡ Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. Article 28 Civil jurisdiction in relation to foreign ships 1.â•‡ The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. 2.â•‡ The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. 3.â•‡ Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters. SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENT SHIPS OPERATED FOR NON-COMMERCIAL PURPOSES Article 29 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

14

PART I

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. Article 30 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. Article 31 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 orÂ€ 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. Article 32 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. SECTION 4. CONTIGUOUS ZONE Article 33 Contiguous zone 1.â•‡ In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a)â•‡prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b)â•‡punish infringement of the above laws and regulations committed within its territory or territorial sea. 2.â•‡ The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

UN CONVENTION ON THE LAW OF THE SEA

15

PART III STRAITS USED FOR INTERNATIONAL NAVIGATION SECTION 1. GENERAL PROVISIONS Article 34 Legal status of waters forming straits used for international navigation 1.â•‡ The régime of passage through straits used for international navigation established in this Part shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil. 2.â•‡ The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law. Article 35 Scope of this Part Nothing in this Part affects: (a)â•‡any areas of internal waters within a strait, except where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internalÂ€waters areas which had not previously been considered as such; (b)â•‡the legal status of the waters beyond the territorial seas of States bordering straits as exclusive economic zones or high seas; or (c)â•‡the legal regime in straits in which passage is regulated in whole or in part by long-standing international conventions in force specifically relating to such straits. Article 36 High seas routes or routes through exclusive economic zones through straits used for international navigation This Part does not apply to a strait used for international navigation if there exists through the strait a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics; in such routes, the other relevant Parts of this Convention, including the provisions regarding the freedoms of navigation and overflight, apply.

16

PART I

SECTION 2. TRANSIT PASSAGE Article 37 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. Article 38 Right of transit passage 1.â•‡ In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics. 2.â•‡ Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. 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. 3.â•‡ Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention. Article 39 Duties of ships and aircraft during transit passage 1.â•‡ Ships and aircraft, while exercising the right of transit passage, shall: (a)â•‡proceed without delay through or over the strait; (b)â•‡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)â•‡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)â•‡comply with other relevant provisions of this Part. 2.â•‡ Ships in transit passage shall:

UN CONVENTION ON THE LAW OF THE SEA

17

(a)â•‡comply with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea; (b)â•‡comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships. 3.â•‡ Aircraft in transit passage shall: (a)â•‡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)â•‡at all times monitor the radio frequency assigned by the competent internationally designated air traffic control authority or the appropriate international distress radio frequency. Article 40 Research and survey activities During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. Article 41 Sea lanes and traffic separation schemes in straits used for international navigation 1.â•‡ In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships. 2.â•‡ Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them. 3.â•‡ Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. 4.â•‡ Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption. 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. 5.â•‡ In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall co-operate in formulating proposals in consultation with the competent international organization.

18

PART I

6.â•‡ States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given. 7.â•‡ Ships in transit passage shall respect applicable sea lanes and traffic separation schemes established in accordance with this article. Article 42 Laws and regulations of States bordering straits relating to transit passage 1.â•‡ Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following: (a)â•‡the safety of navigation and the regulation of maritime traffic, as provided in article 41; (b)â•‡the 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)â•‡with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear; (d)â•‡the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. 2.â•‡ Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section. 3.â•‡ States bordering straits shall give due publicity to all such laws and regulations. 4.â•‡ Foreign ships exercising the right of transit passage shall comply with such laws and regulations. 5.â•‡ The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits. Article 43 Navigational and safety aids and other improvements and the prevention, reduction and control of pollution User States and States bordering a strait should by agreement cooperate: (a)â•‡in the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and (b)â•‡for the prevention, reduction and control of pollution from ships.

UN CONVENTION ON THE LAW OF THE SEA

19

Article 44 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 or over the strait of which they have knowledge. There shall be no suspension of transit passage. SECTION 3. INNOCENT PASSAGE Article 45 Innocent passage 1.â•‡ The regime of innocent passage, in accordance with Part II, section 3, shall apply in straits used for international navigation: (a)â•‡excluded from the application of the régime of transit passage under article 38, paragraph 1; or (b)â•‡between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State. 2.â•‡ There shall be no suspension of innocent passage through such straits. PART IV ARCHIPELAGIC STATES Article 46 Use of terms For the purposes of this Convention: (a)â•‡“archipelagic State” means a State constituted wholly by one or more archipelagos and may include other islands; (b)â•‡“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. Article 47 Archipelagic baselines 1.â•‡ An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.

20

PART I

2.â•‡ The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. 3.â•‡ The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. 4.â•‡ Such baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island. 5.â•‡ The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. 6.â•‡ If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. 7.â•‡ For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau. 8.â•‡ The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, lists of geographical co-ordinates of points, specifying the geodetic datum, may be substituted. 9.â•‡ The archipelagic State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. Article 48 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 article 47. Article 49 Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil 1.â•‡ The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47,

UN CONVENTION ON THE LAW OF THE SEA

21

described as archipelagic waters, regardless of their depth or distance from the coast. 2.â•‡ This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein. 3.â•‡ This sovereignty is exercised subject to this Part. 4.â•‡ The régime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein. Article 50 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. Article 51 Existing agreements, traditional fishing rights and existing submarine cables 1.â•‡ Without prejudice to article 49, an archipelagic State shall respect existing agreements with other States and shall recognize traditional fishingÂ€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. 2.â•‡ An archipelagic State shall respect existing submarine cables laid by other States and passing through its waters without making a landfall. 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. Article 52 Right of innocent passage 1.â•‡ Subject to article 53 and without prejudice to article 50, ships of all States enjoy the right of innocent passage through archipelagic waters, in accordance with Part II, section 3. 2.â•‡ The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its Â�archipelagic

22

PART I

waters the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published. Article 53 Right of archipelagic sea lanes passage 1.â•‡ An archipelagic State may designate sea lanes and air routes thereabove, suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea. 2.â•‡ All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. 3.â•‡ Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. 4.â•‡ Such sea lanes and air routes shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary. 5.â•‡ Such sea lanes and air routes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points. 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. 6.â•‡ An archipelagic State which designates sea lanes under this article may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes. 7.â•‡ An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by it. 8.â•‡ Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. 9.â•‡ In designating or substituting sea lanes or prescribing or substituting traffic separation schemes, an archipelagic State shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may

UN CONVENTION ON THE LAW OF THE SEA

23

be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them. 10.â•‡ The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes designated or prescribed by it on charts to which due publicity shall be given. 11.â•‡ Ships in archipelagic sea lanes passage shall respect applicable sea lanes and traffic separation schemes established in accordance with this article. 12.â•‡ If an archipelagic State does not designate sea lanes or air routes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation. Article 54 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 Article 55 Specific legal régime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal régime 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. Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1.â•‡ In the exclusive economic zone, the coastal State has: (a)â•‡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;

24

PART I

(b)â•‡jurisdiction as provided for in the relevant provisions of this Convention with regard to: â•…â•‡â•‡â•›(i)â•‡the establishment and use of artificial islands, installations and structures; â•…â•‡â•›â•›â•›(ii)â•‡ marine scientific research; â•…â•›â•›â•›â•›â•›(iii)â•‡ the protection and preservation of the marine environment; (c)â•‡ other rights and duties provided for in this Convention. 2.â•‡ In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. 3.â•‡ The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI. 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. Article 58 Rights and duties of other States in the exclusive economic zone 1.â•‡ In the exclusive economic zone, all States, whether coastal or landlocked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention. 2.â•‡ Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part. 3.â•‡ In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. Article 59 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

UN CONVENTION ON THE LAW OF THE SEA

25

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. Article 60 Artificial islands, installations and structures in the exclusive economic zone 1.â•‡ 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)â•‡ artificial islands; (b)â•‡installations and structures for the purposes provided for in article 56 and other economic purposes; (c)â•‡installations and structures which may interfere with the exercise of the rights of the coastal State in the zone. 2.â•‡ The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations. 3.â•‡ Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. 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. 4.â•‡ The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures. 5.â•‡ The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are 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. 6.â•‡ All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

26

PART I

7.â•‡ Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation. 8.â•‡ Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf. Article 61 Conservation of the living resources 1.â•‡ The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone. 2.â•‡ The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall co-operate to this end. 3.â•‡ Such measures shall also be designed 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 economic needs of coastal fishing communities and 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. 4.â•‡ In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. 5.â•‡ Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone. Article 62 Utilization of the living resources 1.â•‡ The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to article 61. 2.â•‡ The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not

UN CONVENTION ON THE LAW OF THE SEA

27

have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein. 3.â•‡ In giving access to other States to its exclusive economic zone under this article, the coastal State shall take into account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in research and identification of stocks. 4.â•‡ Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State. These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following: (a)â•‡licensing of fishermen, fishing vessels and equipment, includingÂ€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 relating to the fishing industry; (b)â•‡determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period; (c)â•‡regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used; (d)â•‡fixing the age and size of fish and other species that may be caught; (e)â•‡specifying information required of fishing vessels, including catch and effort statistics and vessel position reports; (f)â•‡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)â•‡the placing of observers or trainees on board such vessels by the coastal State; (h)â•‡the landing of all or any part of the catch by such vessels in the ports of the coastal State; (i)â•‡terms and conditions relating to joint ventures or other cooperative arrangements;

28

PART I

(j)â•‡requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State’s capability of undertaking fisheries research; (k)â•‡enforcement procedures. 5.â•‡ Coastal States shall give due notice of conservation and management laws and regulations. Article 63 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 1.â•‡ Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to co-ordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part. 2.â•‡ Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area. Article 64 Highly migratory species 1.â•‡ The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall cooperate directly or through appropriate international organizations with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout the region, both within and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall co-operate to establish such an organization and participate in its work. 2.â•‡ The provisions of paragraph 1 apply in addition to the other provisions of this Part. Article 65 Marine mammals Nothing in this Part restricts the right of a coastal State or the competence ofÂ€ an international organization, as appropriate, to prohibit, limit or

UN CONVENTION ON THE LAW OF THE SEA

29

regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study. Article 66 Anadromous stocks 1.â•‡ States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks. 2.â•‡ The State of origin of anadromous stocks shall ensure their conÂ� servation by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers. 3.â•‡ (a)â•‡Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, except in cases where this provision would result in economic dislocation for a State other than the State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks. (b)â•‡The State of origin shall cooperate in minimizing economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred. (c)â•‡States referred to in subparagraph (b), participating by agreementÂ€with the State of origin in measures to renew anadromous stocks, particularly by expenditures for that purpose, shall be given special conÂ�sideration by the State of origin in the harvesting of stocks originating in its rivers. (d)â•‡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. 4.â•‡ In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall co-operate with the State of origin with regard to the conservation and management of such stocks. 5.â•‡ The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.

30

PART I

Article 67 Catadromous species 1.â•‡ A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have responsibility for the management of these species and shall ensure the ingress and egress of migrating fish. 2.â•‡ Harvesting of catadromous species shall be conducted only in watersÂ€ landward of the outer limits of exclusive economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this articleÂ€and the other provisions of this Convention concerning fishing in these zones. 3.â•‡ In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational management of the species and take into account the responsibilities of the State mentioned in paragraph 1 for the maintenance of these species. Article 68 Sedentary species This Part does not apply to sedentary species as defined in article 77, paragraph 4. Article 69 Right of land-locked States 1.â•‡ Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62. 2.â•‡ The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia: (a)â•‡the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State; (b)â•‡the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate underÂ€ existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States; (c)â•‡the extent to which other land-locked States and geographicallyÂ€disadvantaged States are participating in the exploitation of the livingÂ€resources of the exclusive economic zone of the coastal

UN CONVENTION ON THE LAW OF THE SEA

31

State and the consequent need to avoid a particular burden for any single coastal State or a part of it; (d)â•‡the nutritional needs of the populations of the respective States. 3.â•‡ When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing land-locked States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account. 4.â•‡ Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone. 5.â•‡ The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to landlocked States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones. Article 70 Right of geographically disadvantaged States 1.â•‡ Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62. 2.â•‡ For the purposes of this Part, “geographically disadvantaged States” means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own. 3.â•‡ The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia: (a)â•‡the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

32

PART I

(b)â•‡the extent to which the geographically disadvantaged 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)â•‡the extent to which other geographically disadvantaged StatesÂ€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 a part of it; (d)â•‡the nutritional needs of the populations of the respective States. 4.â•‡ When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or regionÂ€inÂ€the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account. 5.â•‡ Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone. 6.â•‡ The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones. Article 71 Non-applicability of articles 69 and 70 The provisions of articles 69 and 70 do 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. Article 72 Restrictions on transfer of rights 1.â•‡ Rights provided under articles 69 and 70 to exploit living resources shall not be directly or indirectly transferred to third States or their nationals

UN CONVENTION ON THE LAW OF THE SEA

33

by lease or licence, by establishing joint ventures or in any other manner which has the effect of such transfer unless otherwise agreed by the States concerned. 2.â•‡ The foregoing provision does not preclude the States concerned from obtaining technical or financial assistance from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1. Article 73 Enforcement of laws and regulations of the coastal State 1.â•‡ The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2.â•‡ Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. 3.â•‡ Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4.â•‡ In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. Article 74 Delimitation of the exclusive economic zone between States with opposite or adjacent coasts 1.â•‡ The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2.â•‡ If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3.â•‡ Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4.â•‡ Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.

34

PART I

Article 75 Charts and lists of geographical co-ordinates 1.â•‡ Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical co-ordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation. 2.â•‡ The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. PART VI CONTINENTAL SHELF Article 76 Definition of the continental shelf 1.â•‡ The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 2.â•‡ The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6. 3.â•‡ The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. 4.â•‡ (a)â•‡For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by either: â•…â•‡â•›â•›â•›(i)â•‡a line delineated in accordance with paragraph 7 by referenceÂ€ 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 â•…â•‡â•›(ii)â•‡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.

UN CONVENTION ON THE LAW OF THE SEA

35

(b)â•‡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. 5.â•‡ The fixed points comprising the line of the outer limits of the continental shelf on the seabed, drawn in accordance with paragraph 4 (a)(i) and (ii), either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of 2,500 metres. 6.â•‡ Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. 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. 7.â•‡ The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by co-ordinates of latitude and longitude. 8.â•‡ Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. 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. 9.â•‡ The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information, including geodetic data, permanently describing the outer limits of its continental shelf. The SecretaryGeneral shall give due publicity thereto. 10.â•‡ The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts. Article 77 Rights of the coastal State over the continental shelf 1.â•‡ The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2.â•‡ The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State.

36

PART I

3.â•‡ The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4.â•‡ The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. Article 78 Legal status of the superjacent waters and air space and the rights and freedoms of other States 1.â•‡ The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters. 2.â•‡ The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention. Article 79 Submarine cables and pipelines on the continental shelf 1.â•‡ All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article. 2.â•‡ Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines. 3.â•‡ The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State. 4.â•‡ Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction. 5.â•‡ When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced. Article 80 Artificial islands, installations and structures on the continental shelf Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf.

UN CONVENTION ON THE LAW OF THE SEA

37

Article 81 Drilling on the continental shelf The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes. Article 82 Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles 1.â•‡ The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2.â•‡ The payments and contributions shall be made annually with respect to all production at a site after the first five years of production at that site. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation. 3.â•‡ A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource. 4.â•‡ The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them. Article 83 Delimitation of the continental shelf between States with opposite or adjacent coasts 1.â•‡ The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2.â•‡ If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3.â•‡ Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and co-operation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.

38

PART I

4.â•‡ Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement. Article 84 Charts and lists of geographical co-ordinates 1.â•‡ Subject to this Part, the outer limit lines of the continental shelf and the lines of delimitation drawn in accordance with article 83 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical co-ordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation. 2.â•‡ The coastal State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations and, in the case of those showing the outer limit lines of the continental shelf, with the SecretaryGeneral of the Authority. Article 85 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 water above the subsoil. PART VII HIGH SEAS SECTION 1. GENERAL PROVISIONS Article 86 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 article 58. Article 87 Freedom of the high seas 1.â•‡ The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this

UN CONVENTION ON THE LAW OF THE SEA

39

Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States: (a)â•‡freedom of navigation; (b)â•‡freedom of overflight; (c)â•‡freedom to lay submarine cables and pipelines, subject to Part VI; (d)â•‡freedom to construct artificial islands and other installations permitted under international law, subject to Part VI; (e)â•‡freedom of fishing, subject to the conditions laid down in sectionÂ€2; (f)â•‡freedom of scientific research, subject to Parts VI and XIII. 2.â•‡ These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area. Article 88 Reservation of the high seas for peaceful purposes The high seas shall be reserved for peaceful purposes. Article 89 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. Article 90 Right of navigation Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas. Article 91 Nationality of ships 1.â•‡ Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. 2.â•‡ Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect. Article 92 Status of ships 1.â•‡ Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this

40

PART I

Â� Convention, shall be subject to its exclusive jurisdiction on the high seas. AÂ€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. 2.â•‡ A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality. Article 93 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. Article 94 Duties of the flag State 1.â•‡ Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. 2.â•‡ In particular every State shall: (a)â•‡maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and (b)â•‡assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship. 3.â•‡ Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to: (a)â•‡the construction, equipment and seaworthiness of ships; (b)â•‡the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments; (c)â•‡the use of signals, the maintenance of communications and the prevention of collisions. 4.â•‡ Such measures shall include those necessary to ensure: (a)â•‡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 safe navigation of the ship; (b)â•‡that each ship is in the charge of a master and officers who Â�possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew

UN CONVENTION ON THE LAW OF THE SEA

41

is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship; (c)â•‡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. 5.â•‡ In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance. 6.â•‡ A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. 7.â•‡ Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. 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. Article 95 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. Article 96 Immunity of ships used only on government non-commercial service Ships owned or operated by a State and used only on government noncommercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State. Article 97 Penal jurisdiction in matters of collision or any other incident of navigation 1.â•‡ In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or

42

PART I

disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national. 2.â•‡ In disciplinary matters, the State which has issued a master’s certificate or a certificate of competence or licence shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them. 3.â•‡ No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State. Article 98 Duty to render assistance 1.â•‡ Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: (a)â•‡to render assistance to any person found at sea in danger of being lost; (b)â•‡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)â•‡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. 2.â•‡ Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose. Article 99 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. Article 100 Duty to co-operate in the repression of piracy All States shall co-operate to the fullest possible extent in the repressionÂ€of piracy on the high seas or in any other place outside the jurisdiction of any State.

UN CONVENTION ON THE LAW OF THE SEA

43

Article 101 Definition of piracy Piracy consists of any of the following acts: (a)â•‡any illegal acts 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: â•…â•‡â•›â•›â•›(i)â•‡on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; â•…â•‡â•›(ii)â•‡against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b)â•‡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)â•‡any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b). Article 102 Piracy by a warship, government ship or government aircraft whose crew has mutinied The acts of piracy, as 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. Article 103 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 to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act. Article 104 Retention or loss of the nationality of a pirate ship or aircraft A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.

44

PART I

Article 105 Seizure of a pirate ship or aircraft On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith. Article 106 Liability for seizure without adequate grounds Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure. Article 107 Ships and aircraft which are entitled to seize on account of piracy A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Article 108 Illicit traffic in narcotic drugs or psychotropic substances 1.â•‡ All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions. 2.â•‡ Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic substances may request the co-operation of other States to suppress such traffic. Article 109 Unauthorized broadcasting from the high seas 1.â•‡ All States shall co-operate in the suppression of unauthorized broadcasting from the high seas. 2.â•‡ For the purposes of this Convention, “unauthorized broadcasting” means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intended for reception by the general public contrary to international regulations, but excluding the transmission of distress calls.

UN CONVENTION ON THE LAW OF THE SEA

45

3.â•‡ Any person engaged in unauthorized broadcasting may be prosecuted before the court of: (a)â•‡the flag State of the ship; (b)â•‡the State of registry of the installation; (c)â•‡the State of which the person is a national; (d)â•‡any State where the transmissions can be received; or (e)â•‡any State where authorized radio communication is suffering interference. 4.â•‡ On the high seas, a State having jurisdiction in accordance with paragraph 3 may, in conformity with article 110, arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus. Article 110 Right of visit 1.â•‡ Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that: (a)â•‡the ship is engaged in piracy; (b)â•‡the ship is engaged in the slave trade; (c)â•‡the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109; (d)â•‡the ship is without nationality; or (e)â•‡though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. 2.â•‡ In the cases provided for in paragraph 1, the warship may proceed to verify the ship’s right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration. 3.â•‡ If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained. 4.â•‡ These provisions apply mutatis mutandis to military aircraft. 5.â•‡ These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service. Article 111 Right of hot pursuit 1.â•‡ The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters,

46

PART I

the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. 2.â•‡ The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones. 3.â•‡ The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State. 4.â•‡ Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship. 5.â•‡ The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. 6.â•‡ Where hot pursuit is effected by an aircraft: (a)â•‡the provisions of paragraphs 1 to 4 shall apply mutatis mutandis; (b)â•‡the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption. 7.â•‡ The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary. 8.â•‡ Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it

UN CONVENTION ON THE LAW OF THE SEA

47

shall be compensated for any loss or damage that may have been thereby sustained. Article 112 Right to lay submarine cables and pipelines 1.â•‡ All States are entitled to lay submarine cables and pipelines on the bed of the high seas beyond the continental shelf. 2.â•‡ Article 79, paragraph 5, applies to such cables and pipelines. Article 113 Breaking or injury of a submarine cable or pipeline Every State shall adopt the laws and regulations necessary to provide that the breaking or injury by a ship flying its flag or by a person subject to its jurisdiction of a submarine cable beneath the high seas done wilfully or through culpable negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or telephonic communications, and similarly the breaking or injury of a submarine pipeline or high-voltage power cable, shall be a punishable offence. This provision shall apply also to conduct calculated or likely to result in such breaking or injury. However, it shall not apply to any break or injury caused by persons who acted merely with the legitimate object of saving their lives or their ships, after having taken all necessary precautions to avoid such break or injury. Article 114 Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline Every State shall adopt the laws and regulations necessary to provide that, if persons subject to its jurisdiction who are the owners of a submarine cable or pipeline beneath the high seas, in laying or repairing that cable or pipeline, cause a break in or injury to another cable or pipeline, they shall bear the cost of the repairs. Article 115 Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline Every State shall adopt the laws and regulations necessary to ensure that the owners of ships who can prove that they have sacrificed an anchor, a net or any other fishing gear, in order to avoid injuring a submarine cable or pipeline, shall be indemnified by the owner of the cable or pipeline, provided that the owner of the ship has taken all reasonable precautionary measures beforehand.

48

PART I

SECTION 2. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS Article 116 Right to fish on the high seas All States have the right for their nationals to engage in fishing on the high seas subject to: (a)â•‡their treaty obligations; (b)â•‡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)â•‡the provisions of this section. Article 117 Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas All States have the duty to take, or to 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. Article 118 Co-operation of States in the conservation and management of living resources States shall co-operate with each other in the conservation and management of living resources in the areas of the high seas. States whose nationals exploit identical living resources, or different living resources in the same area, shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. They shall, as appropriate, co-operate to establish subregional or regional fisheries organizations toÂ€this end. Article 119 Conservation of the living resources of the high seas 1.â•‡ In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall: (a)â•‡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 environmentalÂ€and economic factors, includingÂ€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;

UN CONVENTION ON THE LAW OF THE SEA

49

(b)â•‡take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. 2.â•‡ Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned. 3.â•‡ States concerned shall ensure that conservation measures and their implementation do not discriminate in form or in fact against the fishermen of any State. Article 120 Marine mammals Article 65 also applies to the conservation and management of marine mammals in the high seas. PART VIII RÉGIME OF ISLANDS Article 121 Régime of islands 1.â•‡ An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2.â•‡ Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory. 3.â•‡ Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. PART IX ENCLOSED OR SEMI-ENCLOSED SEAS Article 122 Definition For the purposes of this Convention, “enclosed or semi-enclosed sea” means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or

50

PART I

primarily of the territorial seas and exclusive economic zones of two or more coastalÂ€States. Article 123 Co-operation of States bordering enclosed or semi-enclosed seas States bordering an enclosed or semi-enclosed sea should co-operate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organization: (a)â•‡to co-ordinate the management, conservation, exploration and exploitation of the living resources of the sea; (b)â•‡to co-ordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment; (c)â•‡to co-ordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area; (d)â•‡to invite, as appropriate, other interested States or international organizations to co-operate 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 Article 124 Use of terms 1.â•‡ For the purposes of this Convention: (a)â•‡“land-locked State” means a State which has no sea-coast; (b)â•‡“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)â•‡“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)â•‡“means of transport” means: â•…â•‡â•›â•›â•›(i)â•‡railway rolling stock, sea, lake and river craft and road vehicles; â•…â•‡â•›(ii)â•‡ where local conditions so require, porters and pack animals.

UN CONVENTION ON THE LAW OF THE SEA

51

2.â•‡ Land-locked States and transit States may, by agreement between them, include as means of transport pipelines and gas lines and means of transport other than those included in paragraph 1. Article 125 Right of access to and from the sea and freedom of transit 1.â•‡ Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in this Convention including those relating to the freedom of the high seas and the common heritage of mankind. To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport. 2.â•‡ The terms and modalities for exercising freedom of transit shall be agreed between the land-locked States and transit States concerned through bilateral, subregional or regional agreements. 3.â•‡ Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures necessary to ensure that the rights and facilities provided for in this Part for land-locked States shall in no way infringe their legitimate interests. Article 126 Exclusion of application of the most-favoured-nation clause The provisions of this Convention, as well as special agreements relating to the exercise of the right of access to and from the sea, establishing rightsÂ€andÂ€facilities on account of the special geographical position of landlocked States, are excluded from the application of the most-favoured-nation clause. Article 127 Customs duties, taxes and other charges 1.â•‡ Traffic in transit shall not be subject to any customs duties, taxes or other charges except charges levied for specific services rendered in connection with such traffic. 2.â•‡ Means of transport in transit and other facilities provided for and used by land-locked States shall not be subject to taxes or charges higher than those levied for the use of means of transport of the transit State. Article 128 Free zones and other customs facilities For the convenience of traffic in transit, free zones or other customs facilities may be provided at the ports of entry and exit in the transit States, by agreement between those States and the land-locked States.

52

PART I

Article 129 Co-operation in the construction and improvement of means of transport Where there are no means of transport in transit States to give effect to the freedom of transit or where the existing means, including the port installations and equipment, are inadequate in any respect, the transit States andÂ€land-locked States concerned may co-operate in constructing or improving them. Article 130 Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit 1.â•‡ Transit States shall take all appropriate measures to avoid delays or other difficulties of a technical nature in traffic in transit. 2.â•‡ Should such delays or difficulties occur, the competent authorities of the transit States and land-locked States concerned shall co-operate towards their expeditious elimination. Article 131 Equal treatment in maritime ports Ships flying the flag of land-locked States shall enjoy treatment equal to that accorded to other foreign ships in maritime ports. Article 132 Grant of greater transit facilities This Convention does not entail in any way the withdrawal of transit facilities which are greater than those provided for in this Convention and which are agreed between States Parties to this Convention or granted by a State Party. This Convention also does not preclude such grant of greater facilities in the future. PART XI THE AREA SECTION 1. GENERAL PROVISIONS Article 133 Use of terms For the purposes of this Part: (a)â•‡“resources” means all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including polymetallic nodules;

UN CONVENTION ON THE LAW OF THE SEA

53

(b)â•‡resources, when recovered from the Area, are referred to as “minerals”. Article 134 Scope of this Part 1.â•‡ This Part applies to the Area. 2.â•‡ Activities in the Area shall be governed by the provisions of this Part. 3.â•‡ The requirements concerning deposit of, and publicity to be given to, the charts or lists of geographical coordinates showing the limits referred to in article 1, paragraph 1 (1), are set forth in Part VI. 4.â•‡ Nothing in this article affects the establishment of the outer limits of the continental shelf in accordance with Part VI or the validity of agreements relating to delimitation between States with opposite or adjacent coasts. Article 135 Legal status of the superjacent waters and air space Neither this Part nor any rights granted or exercised pursuant thereto shall affect the legal status of the waters superjacent to the Area or that of the air space above those waters. SECTION 2. PRINCIPLES GOVERNING THE AREA Article 136 Common heritage of mankind The Area and its resources are the common heritage of mankind. Article 137 Legal status of the Area and its resources 1.â•‡ No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized. 2.â•‡ All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority shall act. These resources are not subject to alienation. The minerals recovered from the Area, however, may only be alienated in accordance with this Part and the rules, regulations and procedures of the Authority. 3.â•‡ No State or natural or juridical person shall claim, acquire or exercise rights with respect to the minerals recovered from the Area except in accordance with this Part. Otherwise, no such claim, acquisition or exercise of such rights shall be recognized.

54

PART I

Article 138 General conduct of States in relation to the Area The general conduct of States in relation to the Area shall be in accordance with the provisions of this Part, the principles embodied in the Charter of the United Nations and other rules of international law in the interests of maintaining peace and security and promoting international co-operation and mutual understanding. Article 139 Responsibility to ensure compliance and liability for damage 1.â•‡ States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with this Part. The same responsibility applies to international organizations for activities in the Area carried out by such organizations. 2.â•‡ Without prejudice to the rules of international law and Annex III, article 22, damage caused by the failure of a State Party or international organization to carry out its responsibilities under this Part shall entail liability; States Parties or international organizations acting together shall bear joint and several liability. A State Party shall not however be liable for damage caused by any failure to comply with this Part by a person whom it has sponsored under article 153, paragraph 2(b), if the State Party has taken all necessary and appropriate measures to secure effective compliance under article 153, paragraph 4, and Annex III, article 4, paragraph 4. 3.â•‡ States Parties that are members of international organizations shall take appropriate measures to ensure the implementation of this article with respect to such organizations. Article 140 Benefit of mankind 1.â•‡ Activities in the Area shall, as specifically provided for in this Part, be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, whether coastal or land-locked, and takingÂ€ into particular consideration the interests and needs of developing States and of peoples who have not attained full independence or other selfgoverning status recognized by the United Nations in accordance with General Assembly resolution 1514 (XV) and other relevant General Assembly resolutions. 2.â•‡ The Authority shall provide for the equitable sharing of financial and other economic benefits derived from activities in the Area through any appropriate mechanism, on a non-discriminatory basis, in accordance with article 160,paragraph 2(f)(i).

UN CONVENTION ON THE LAW OF THE SEA

55

Article 141 Use of the Area exclusively for peaceful purposes The Area shall be open to use exclusively for peaceful purposes by all States, whether coastal or land-locked, without discrimination and without prejudice to the other provisions of this Part. Article 142 Rights and legitimate interests of coastal States 1.â•‡ Activities in the Area, with respect to resource deposits in the Area which lie across limits of national jurisdiction, shall be conducted with due regard to the rights and legitimate interests of any coastal State across whose jurisdiction such deposits lie. 2.â•‡ Consultations, including a system of prior notification, shall be maintained with the State concerned, with a view to avoiding infringement of such rights and interests. In cases where activities in the Area may result in the exploitation of resources lying within national jurisdiction, the prior consent of the coastal State concerned shall be required. 3.â•‡ Neither this Part nor any rights granted or exercised pursuant thereto shall affect the rights of coastal States to take such measures consistent with the relevant provisions of Part XII as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline, or related interests from pollution or threat thereof or from other hazardous occurrences resulting from or caused by any activities in the Area. Article 143 Marine scientific research 1.â•‡ Marine scientific research in the Area shall be carried out exclusively for peaceful purposes and for the benefit of mankind as a whole, in accordance with Part XIII. 2.â•‡ The Authority may carry out marine scientific research concerning the Area and its resources, and may enter into contracts for that purpose. The Authority shall promote and encourage the conduct of marine scientific research in the Area, and shall co-ordinate and disseminate the results of such research and analysis when available. 3.â•‡ States Parties may carry out marine scientific research in the Area. States Parties shall promote international co-operation in marine scientific research in the Area by: (a)â•‡participating in international programmes and encouraging cooperation in marine scientific research by personnel of different countries and of the Authority; (b)â•‡ensuring that programmes are developed through the Authority or other international organizations as appropriate for the benefit

56

PART I

of developing States and technologically less developed States with a view to: â•…â•‡â•›â•›â•›â•›â•›(i)â•‡ strengthening their research capabilities; â•…â•‡â•›â•›â•›(ii)â•‡training their personnel and the personnel of the Authority in the techniques and applications of research; â•…â•‡â•›(iii)â•‡fostering the employment of their qualified personnel in research in the Area; (c)â•‡effectively disseminating the results of research and analysis when available, through the Authority or other international channels when appropriate. Article 144 Transfer of technology 1.â•‡ The Authority shall take measures in accordance with this Convention: (a)â•‡to acquire technology and scientific knowledge relating to activities in the Area; and (b)â•‡to promote and encourage the transfer to developing States of such technology and scientific knowledge so that all States Parties benefit therefrom. 2.â•‡ To this end the Authority and States Parties shall co-operate in promoting the transfer of technology and scientific knowledge relating to activities in the Area so that the Enterprise and all States Parties may benefit therefrom. In particular they shall initiate and promote: (a)â•‡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)â•‡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.

AGREEMENT, ANNEX, SECTION 5 SECTION 5. TRANSFER OF TECHNOLOGY 1.â•‡ 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: (a)â•‡The Enterprise, and developing States wishing to obtain deep seabed mining technology, shall seek to obtain such technology

UN CONVENTION ON THE LAW OF THE SEA

57

on fair and reasonable commercial terms and conditions on the open market, or through joint-venture arrangements; (b)â•‡If the Enterprise or developing States are unable to obtain deep seabed mining technology, the Authority may request all or any of the contractors and their respective sponsoring State or States to co-operate with it in facilitating the acquisition of deep seabed mining technology by the Enterprise or its joint venture, or by a developing State or States seeking to acquire such technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. States Parties undertake to co-operate fully and effectively with the Authority for this purpose and to ensure that contractors sponsored by them also co-operate fully with the Authority; (c)â•‡As a general rule, States Parties shall promote international technical and scientific co-operation with regard to activities in the Area either between the parties concerned or by developing training, technical assistance and scientific co-operation programmes in marine science and technology and the protection and preservation of the marine environment. Article 145 Protection of the marine environment Necessary measures shall be taken in accordance with this Convention with respect to activities in the Area to ensure effective protection for the marine environment from harmful effects which may arise from such activities. To this end the Authority shall adopt appropriate rules, regulations and procedures for inter alia: (a)â•‡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)â•‡the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment. Article 146 Protection of human life With respect to activities in the Area, necessary measures shall be taken to ensure effective protection of human life. To this end the Authority shall adopt appropriate rules, regulations and procedures to supplement existing international law as embodied in relevant treaties.

58

PART I

Article 147 Accommodation of activities in the Area and in the marine environment 1.â•‡ Activities in the Area shall be carried out with reasonable regard for other activities in the marine environment. 2.â•‡ Installations used for carrying out activities in the Area shall be subject to the following conditions: (a)â•‡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)â•‡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)â•‡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)â•‡such installations shall be used exclusively for peaceful purposes; (e)â•‡such installations do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf. 3.â•‡ Other activities in the marine environment shall be conducted with reasonable regard for activities in the Area. Article 148 Participation of developing States in activities in the Area The effective participation of developing States in activities in the Area shall be promoted as specifically provided for in this Part, having due regard to their special interests and needs, and in particular to the special need of the land-locked and geographically disadvantaged among them to overcome obstacles arising from their disadvantaged location, including remoteness from the Area and difficulty of access to and from it. Article 149 Archaeological and historical objects All objects of an archaeological and historical nature found in the Area shall be preserved or disposed of for the benefit of mankind as a whole,

UN CONVENTION ON THE LAW OF THE SEA

59

particular regard being paid to the preferential rights of the State or country of origin, or the State of cultural origin, or the State of historical and archaeological origin. SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA Article 150 Policies relating to activities in the Area Activities in the Area shall, as specifically provided for in this Part, be carried out in such a manner as to foster healthy development of the world economy and balanced growth of international trade, and to promote international co-operation for the overall development of all countries, especially developing States, and with a view to ensuring: (a)â•‡the development of the resources of the Area; (b)â•‡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)â•‡the expansion of opportunities for participation in such activities consistent in particular with articles 144 and 148; (d)â•‡participation in revenues by the Authority and the transfer of technology to the Enterprise and developing States as provided for in this Convention; (e)â•‡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)â•‡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)â•‡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)â•‡the protection of developing countries from adverse effects on their economies or on their export earnings resulting from a reduction in the price of an affected mineral, or in the volume of exports of that mineral, to the extent that such reduction is caused by activities in the Area, as provided in article 151; (i)â•‡the development of the common heritage for the benefit of mankind as a whole; and (j)â•‡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

60

PART I

favourable than the most favourable applied to imports from other sources. Article 151 Production policies [1–7.â•‡ Do not apply. See Agreement, annex, Section 6, paragraph 7] a 8.â•‡ Rights and obligations relating to unfair economic practices under relevant multilateral trade agreements shall apply to the exploration for and exploitation of minerals from the Area. In the settlement of disputes arising under this provision, States Parties which are Parties to such multilateral trade agreements shall have recourse to the dispute settlement procedures of such agreements. [9.â•‡ Does not apply. See Agreement, annex, Section 6, paragraph 7] 10.â•‡ Upon the recommendation of the Council on the basis of advice from the Economic Planning Commission, the Assembly shall establish a system of compensation or take other measures of economic adjustment assistance including co-operation with specialized agencies and other international organizations to assist developing countries which suffer serious adverse effects on their export earnings or economies resulting from a reduction in the price of an affected mineral or in the volume of exports of that mineral, to the extent that such reduction is caused by activities in the Area. The Authority on request shall initiate studies on the problems of those States which are likely to be most seriously affected with a view to minimizing their difficulties and assisting them in their economic adjustment.

AGREEMENT, ANNEX, SECTIONS 6 AND 7 SECTION 6. PRODUCTION POLICY 1.â•‡ The production policy of the Authority shall be based on the following principles: (a)â•‡Development of the resources of the Area shall take place in accordance with sound commercial principles; (b)â•‡The provisions of the General Agreement on Tariffs and Trade, its relevant codes and successor or superseding agreements shall apply with respect to activities in the Area; (c)â•‡In particular, there shall be no subsidization of activities in the Area except as may be permitted under the agreements referred to in subparagraph (b)â•‡Subsidization for the purpose of these principles shall be defined in terms of the agreements referred to in subparaÂ� graphÂ€(b); (d)â•‡There shall be no discrimination between minerals derived from the Area and from other sources. There shall be no preferential

UN CONVENTION ON THE LAW OF THE SEA

61

access to markets for such minerals or for imports of commodities produced from such minerals, in particular: â•…â•‡â•›â•›â•›(i)â•‡ By the use of tariff or non-tariff barriers; and â•…â•‡â•›(ii)â•‡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; (e)â•‡The plan of work for exploitation approved by the Authority in respect of each mining area shall indicate an anticipated production schedule which shall include the estimated maximum amounts of minerals that would be produced per year under the plan of work; (f)â•‡The following shall apply to the settlement of disputes conÂ�cerning the provisions of the agreements referred to in subparagraph (b): â•…â•‡â•›â•›â•›(i)â•‡Where the States Parties concerned are parties to such agreements, they shall have recourse to the dispute settlement procedures of those agreements; â•…â•‡â•›(ii)â•‡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; (g)â•‡In circumstances where a determination is made under the agreements referred to in subparagraph (b) that a State Party has engaged in subsidization which is prohibited or has resulted in adverse effects on the interests of another State Party and appropriate steps have not been taken by the relevant State Party or States Parties, a State Party may request the Council to take appropriate measures. 2.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.

62

PART I

7.â•‡ 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.â•‡ 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 caused by activities in the Area, shall be based on the following principles: (a)â•‡The Authority shall establish an economic assistance fund from a portion of the funds of the Authority which exceeds those necessary to cover the administrative expenses of the Authority. The amount set aside for this purpose shall be determined by theÂ€Council from time to time, upon the recommendation of the Finance Committee. Only funds from payments received from contractors, including the Enterprise, and voluntary contributions shall be used for the establishment of the economic assistance fund; (b)â•‡Developing land-based producer States whose economies have been determined to be seriously affected by the production of minerals from the deep seabed shall be assisted from the economic assistance fund of the Authority; (c)â•‡The Authority shall provide assistance from the fund to affected developing land-based producer States, where appropriate, in cooperation with existing global or regional development institutions which have the infrastructure and expertise to carry out such assistance programmes; (d)â•‡The extent and period of such assistance shall be determined on a case-by-case basis. In doing so, due consideration shall be given to the nature and magnitude of the problems encountered by affected developing land-based producer States. 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. Article 160, paragraph 2 (l), article 162, paragraph 2 (n), article 164, paragraph 2 (d), article 171, subparagraph (f), and article 173, paragraph 2 (c), of the Convention shall be interpreted accordingly. Article 152 Exercise of powers and functions by the Authority 1.â•‡ The Authority shall avoid discrimination in the exercise of its powers and functions, including the granting of opportunities for activities in the Area. 2.â•‡ Nevertheless, special consideration for developing States, including particular consideration for the land-locked and geographically disadvantaged among them, specifically provided for in this Part shall be permitted.

UN CONVENTION ON THE LAW OF THE SEA

63

Article 153 System of exploration and exploitation 1.â•‡ Activities in the Area shall be organized, carried out and controlled by the Authority on behalf of mankind as a whole in accordance with this article as well as other relevant provisions of this Part and the relevant Annexes, and the rules, regulations and procedures of the Authority. 2.â•‡ Activities in the Area shall be carried out as prescribed in paragraph 3: (a)â•‡by the Enterprise, and (b)â•‡in association with the Authority by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, when sponsored by such States, or any group of the foregoing which meets the requirements provided in this Part and in Annex III. 3.â•‡ Activities in the Area shall be carried out in accordance with a formalÂ€ written plan of work drawn up in accordance with Annex III and approvedÂ€by the Council after review by the Legal and Technical Commission. In the case of activities in the Area carried out as authorized by the Authority by the entities specified in paragraph 2(b), the plan of work shall, in accordance with Annex III, article 3, be in the form of a contract. Such contracts may provide for joint arrangements in accordance with Annex III, article 11.

AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 4 4.â•‡ 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. 4.â•‡ The Authority shall exercise such control over activities in the Area as is necessary for the purpose of securing compliance with the relevant provisions of this Part and the Annexes relating thereto, and the rules, regulations and procedures of the Authority, and the plans of work approved in accordance with paragraph 3. States Parties shall assist the Authority by taking all measures necessary to ensure such compliance in accordance with article 139. 5.â•‡ The Authority shall have the right to take at any time any measures provided for under this Part to ensure compliance with its provisions and the exercise of the functions of control and regulation assigned to it thereunder or under any contract. The Authority shall have the right to inspect all installations in the Area used in connection with activities in the Area.

64

PART I

6.â•‡ A contract under paragraph 3 shall provide for security of tenure. Accordingly, the contract shall not be revised, suspended or terminated except in accordance with Annex III, articles 18 and 19. Article 154 Periodic review Every five years from the entry into force of this Convention, the Assembly shall undertake a general and systematic review of the manner in which the international régime of the Area established in this Convention has operated in practice. In the light of this review the Assembly may take, or recommend that other organs take, measures in accordance with the provisions and procedures of this Part and the Annexes relating thereto which will lead to the improvement of the operation of the régime. Article 155 The Review Conference [1.â•‡ Does not apply. See Agreement, annex, Section 4] b 2.â•‡ The Review Conference shall ensure the maintenance of the principle of the common heritage of mankind, the international régime designed to ensure equitable exploitation of the resources of the Area for the benefit of all countries, especially the developing States, and an Authority to organize,Â€conduct and control activities in the Area. It shall also ensure the maintenance of the principles laid down in this Part with regard to the exclusion of claims or exercise of sovereignty over any part of the Area, the rights of States and their general conduct in relation to the Area, and their participation in activities in the Area in conformity with this Convention, the prevention of monopolization of activities in the Area, the use of the Area exclusively for peacefulÂ€purposes, economic aspects of activities in the Area, marine Â�scientificÂ€research, transfer of technology, protection of the marine environment, protection of human life, rights of coastal States, the legal status of the waters superjacent to the Area and that of the air space above those waters and accommodation between activities in the Area and other activities in the marine environment. [3.â•‡ Does not apply. See Agreement, annex, Section 4] [4.â•‡ Does not apply. See Agreement, annex, Section 4] 5.â•‡ Amendments adopted by the Review Conference pursuant to this article shall not affect rights acquired under existing contracts.

AGREEMENT, ANNEX, SECTION 4 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 provisionsÂ€of article 314, paragraph 2, of the Convention, the Assembly, on

UN CONVENTION ON THE LAW OF THE SEA

65

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, régime 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 4. THE AUTHORITY SUBSECTION A. GENERAL PROVISIONS

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 17 17.â•‡ The relevant provisions of Part XI, section 4, of the Convention shall be interpreted and applied in accordance with this Agreement. Article 156 Establishment of the Authority 1.â•‡ There is hereby established the International Seabed Authority, which shall function in accordance with this Part. 2.â•‡ All States Parties are ipso facto members of the Authority. 3.â•‡ Observers at the Third United Nations Conference on the Law of the Sea who have signed the Final Act and who are not referred to in articleÂ€305, paragraph 1(c), (d), (e) or (f), shall have the right to participate in the Authority as observers, in accordance with its rules, regulations and procedures. 4.â•‡ The seat of the Authority shall be in Jamaica. 5.â•‡ The Authority may establish such regional centres or offices as it deems necessary for the exercise of its functions.

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 12 12.â•‡ 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: (a)â•‡If this Agreement enters into force before 16 November 1996, such States and entities shall be entitled to continue to participateÂ€ as members of the Authority on a provisional basis upon

66

PART I

notification to the depositary of the Agreement by such a State or entity of its intention to participate as a member on a provisional basis. Such membership shall terminate either on 16 November 1996 or upon the entry into force of this Agreement and the Convention for such member, whichever is earlier. The Council may, upon the request of the State or entity concerned, extend such membership beyond 16 November 1996 for a further period or periods not exceeding a total of two years provided that the Council is satisfied that the State or entity concerned has been making efforts in good faith to become a party to the Agreement and the Convention; (b)â•‡If this Agreement enters into force after 15 November 1996, such States and entities may request the Council to grant continued membership in the Authority on a provisional basis for a period or periods not extending beyond 16 November 1998. The Council shall grant such membership with effect from the date of the request if it is satisfied that the State or entity concerned has been making efforts in good faith to become a party to the Agreement and the Convention; (c)â•‡States and entities which are members of the Authority on a provisional basis in accordance with subparagraph (a) or (b) shall apply the terms of Part XI and this Agreement in accordance with their national or internal laws, regulations and annual budgetary appropriations and shall have the same rights and obligations as other members, including: â•…â•‡â•›â•›â•›(i)â•‡The obligation to contribute to the administrative budget of the Authority in accordance with the scale of assessed contributions; â•…â•‡â•›(ii)â•‡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; (d)â•‡Notwithstanding the provisions of paragraph 9, an approved plan of work in the form of a contract for exploration which was sponsored pursuant to subparagraph (c) (ii) by a State which was a member on a provisional basis shall terminate if such membership ceases and the State or entity has not become a State Party; (e)â•‡If such a member has failed to make its assessed contributions or otherwise failed to comply with its obligations in accordance with this paragraph, its membership on a provisional basis shall be terminated.

UN CONVENTION ON THE LAW OF THE SEA

67

Article 157 Nature and fundamental principles of the Authority 1.â•‡ The Authority is the organization through which States Parties shall, in accordance with this Part, organize and control activities in the Area, particularly with a view to administering the resources of the Area. 2.â•‡ The powers and functions of the Authority shall be those expressly conferred upon it by this Convention. The Authority shall have such incidental powers consistent with this Convention, as are implicit in and necessary for the exercise of those powers and functions with respect to activities in the Area. 3.â•‡ The Authority is based on the principle of the sovereign equality of all its members. 4.â•‡ All members of the Authority shall fulfil in good faith the obligations assumed by them in accordance with this Part in order to ensure to all of them the rights and benefits resulting from membership.

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 1 1.â•‡ The International Seabed Authority (hereinafter referred to as “the Authority”) is the organization through which States Parties to the Convention shall, in accordance with the régime 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 exercise of those powers and functions with respect to activities in the Area. Article 158 Organs of the Authority 1.â•‡ There are hereby established, as the principal organs of the Authority, an Assembly, a Council and a Secretariat. 2.â•‡ There is hereby established the Enterprise, the organ through which the Authority shall carry out the functions referred to in article 170, paragraph 1. 3.â•‡ Such subsidiary organs as may be found necessary may be established in accordance with this Part. 4.â•‡ Each principal organ of the Authority and the Enterprise shall be responsible for exercising those powers and functions which are conferred upon it. In exercising such powers and functions each organ shall avoid taking any action which may derogate from or impede the exercise of specific powers and functions conferred upon another organ.

68

PART I

AGREEMENT, ANNEX, SECTION 1, PARAGRAPHS 2 TO 5 2.â•‡ 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.â•‡ 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.â•‡ The early functions of the Authority upon entry into force of the Convention shall be carried out by the 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.â•‡ Between the entry into force of the Convention and the approval of the first plan of work for exploitation, the Authority shall concentrate on: (a)â•‡Processing of applications for approval of plans of work for exploration in accordance with Part XI and this Agreement; (b)â•‡Implementation of decisions of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea (hereinafter referred to as “the Preparatory Commission”) relating to the registered pioneer investors and their certifying States, including their rights and obligations, in accordance with article 308, paragraph 5, of the Convention and resolution II, paragraph 13; (c)â•‡Monitoring of compliance with plans of work for exploration approved in the form of contracts; (d)â•‡Monitoring and review of trends and developments relating to deep seabed mining activities, including regular analysis of world metal market conditions and metal prices, trends and prospects; (e)â•‡Study of the potential impact of mineral production from the Area on the economies of developing land-based producers of those minerals which are likely to be most seriously affected, with a view to minimizing their difficulties and assisting them in their economic adjustment, taking into account the work done in this regard by the Preparatory Commission; (f)â•‡Adoption of rules, regulations and procedures necessary for the conduct of activities in the Area as they progress. Notwithstanding the provisions of Annex III, article 17, paragraph 2 (b) and (c), of the Convention, such rules, regulations and procedures shall take into account the terms of this Agreement, the prolonged

UN CONVENTION ON THE LAW OF THE SEA

69

delay in commercial deep seabed mining and the likely pace of activities in the Area; (g)â•‡Adoption of rules, regulations and procedures incorporating applicable standards for the protection and preservation of the marine environment; (h)â•‡Promotion and encouragement of the conduct of marine scientific research with respect to activities in the Area and the collection and dissemination of the results of such research and analysis, when available, with particular emphasis on research related to the environmental impact of activities in the Area; (i)â•‡Acquisition of scientific knowledge and monitoring of the development of marine technology relevant to activities in the Area, in particular technology relating to the protection and preservation of the marine environment; (j)â•‡Assessment of available data relating to prospecting and exploration; (k)â•‡Timely elaboration of rules, regulations and procedures for exploitation, including those relating to the protection and preservation of the marine environment. SUBSECTION B. THE ASSEMBLY

AGREEMENT, ANNEX, SECTION 3, PARAGRAPH 14 14.â•‡ Part XI, section 4, subsections B and C, of the Convention shall be interpreted and applied in accordance with this section. Article 159 Composition, procedure and voting 1.â•‡ The Assembly shall consist of all the members of the Authority. Each member shall have one representative in the Assembly, who may be accompanied by alternates and advisers. 2.â•‡ The Assembly shall meet in regular annual sessions and in such special sessions as may be decided by the Assembly, or convened by the Secretary-General at the request of the Council or of a majority of the members of the Authority. 3.â•‡ Sessions shall take place at the seat of the Authority unless otherwise decided by the Assembly. 4.â•‡ The Assembly shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next regular session.

70

PART I

5.â•‡ A majority of the members of the Assembly shall constitute a quorum. 6.â•‡ Each member of the Assembly shall have one vote. 7.â•‡ Decisions on questions of procedure, including decisions to convene special sessions of the Assembly, shall be taken by a majority of the members present and voting. 8.â•‡ Decisions on questions of substance shall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members participating in the session. When the issue arises as to whether a question is one of substance or not, that questionÂ€ shall be treated as one of substance unless otherwise decided by the Assembly by the majority required for decisions on questions of substance.

AGREEMENT, ANNEX, SECTION 3, PARAGRAPHS 2, 3, 4 AND 7 2.â•‡ As a general rule, decision-making in the organs of the Authority should be by consensus. 3.â•‡ If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Assembly on questions of procedure shall be takenÂ€by a majority of members present and voting, and decisions on questions of substance shall be taken by a two-thirds majority of members presentÂ€and voting, as provided for in article 159, paragraph 8, of the Convention. 4.â•‡ 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 recommendation 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. … 7.â•‡ Decisions by the Assembly or the Council having financial or budgetary implications shall be based on the recommendations of the Finance Committee. 9.â•‡ When a question of substance comes up for voting for the first time, the President may, and shall, if requested by at least one fifth of the members of the Assembly, defer the issue of taking a vote on that question for a period not exceeding five calendar days. This rule may be applied only once to any question and shall not be applied so as to defer the question beyond the end of the session. 10.â•‡ Upon a written request addressed to the President and sponsored by at least one fourth of the members of the Authority for an advisory opinion

UN CONVENTION ON THE LAW OF THE SEA

71

on the conformity with this Convention of a proposal before the Assembly on any matter, the Assembly shall request the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea to give an advisory opinion thereon and shall defer voting on that proposal pending receipt of the advisory opinion by the Chamber. If the advisory opinion is not received before the final week of the session in which it is requested, the Assembly shall decide when it will meet to vote upon the deferred proposal. Article 160 Powers and functions 1.â•‡ The Assembly as the sole organ of the Authority consisting of all the members, shall be considered the supreme organ of the Authority to which the other principal organs shall be accountable as specifically provided for in this Convention. The Assembly shall have the power to establish general policies in conformity with the relevant provisions of this Convention on any question or matter within the competence of the Authority.

AGREEMENT, ANNEX, SECTION 3, PARAGRAPH 1 1.â•‡ The general policies of the Authority shall be established by the Assembly in collaboration with the Council. 2.â•‡ In addition, the powers and functions of the Assembly shall be: (a)â•‡to elect the members of the Council in accordance with article 161; (b)â•‡to elect the Secretary-General from among the candidates proposed by the Council; (c)â•‡to elect, upon the recommendation of the Council, the members of the Governing Board of the Enterprise and the Director-General of the Enterprise; (d)â•‡to establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Part. In the composition of these subsidiary organs due account shall be taken of the principle of equitable geographical distribution and of special interests and the need for members qualified and competent in the relevant technical questions dealt with by such organs; (e)â•‡to assess the contributions of members to the administrative budget of the Authority in accordance with an agreed scale of assessment based upon the scale used for the regular budget of the United Nations until the Authority shall have sufficientÂ€ income from other sources to meet its administrative expenses;

72

PART I

AGREEMENT, ANNEX, SECTION 9, PARAGRAPH 7 7.â•‡ Decisions by the Assembly and the Council on the following issues shall take into account recommendations of the Finance Committee: … (b)â•‡Assessment of contributions of members to the administrative budget of the Authority in accordance with article 160, paragraph 2 (e), of the Convention; (f)â•‡(i)â•‡to consider and approve, upon the recommendation of the Council, the rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and the payments and contributionsÂ€ 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; â•…â•‡â•›(ii)â•‡to consider and approve the rules, regulations and procedures of the Authority, and any amendments thereto, provisionally adopted by the Council pursuant to article 162, paragraph 2 (o)(ii). These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area, the financial management and internal administration of the Authority, and, upon the recommendation of the Governing Board of the Enterprise, to the transfer of funds from the Enterprise to the Authority; (g)â•‡to decide upon the equitable sharing of financial and other economic benefits derived from activities in the Area, consistent with this Convention and the rules, regulations and procedures of the Authority; (h)â•‡to consider and approve the proposed annual budget of the Authority submitted by the Council; (i)â•‡to examine periodic reports from the Council and from the Enterprise and special reports requested from the Council or any other organ of the Authority; (j)â•‡to initiate studies and make recommendations for the purpose of promoting international co-operation concerning activities in the Area and encouraging the progressive development of international law relating thereto and its codification; (k)â•‡to consider problems of a general nature in connection with activities in the Area arising in particular for developing States, as well as those problems for States in connection with activities in the

UN CONVENTION ON THE LAW OF THE SEA

73

Area that are due to their geographical location, particularly for land-locked and geographically disadvantaged States; (l)â•‡to establish, upon the recommendation of the Council, on the basis of advice from the Economic Planning Commission, a system of compensation or other measures of economic adjustment assistance as provided in article 151, paragraph 10;

AGREEMENT, ANNEX, SECTION 7, PARAGRAPH 2 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. Article 160, paragraph 2 (l) … of the Convention shall be interpreted accordingly. … (m)â•‡to suspend the exercise of rights and privileges of membership pursuant to article 185; (n)â•‡â•›â•›to discuss any question or matter within the competence of the Authority and to decide as to which organ of the Authority shall deal with any such question or matter not specifically entrusted to a particular organ, consistent with the distribution of powers and functions among the organs of the Authority. SUBSECTION C. THE COUNCIL Article 161 Composition, procedure and voting [1.â•‡ Does not apply. See Agreement, annex, Section 3, paragraph 16]c AGREEMENT, ANNEX, SECTION 3, PARAGRAPHS 15, 16, 9 AND 10 15.â•‡ The Council shall consist of 36 members of the Authority elected by the Assembly in the following order: (a)â•‡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 in value terms of total world consumption or have had net imports of more than 2 per cent in value terms of total world imports of the commodities produced from the categories of minerals to be derived from the Area, provided that the four members shall include one State from the Eastern European region having the largest economy in that region in terms of gross domestic product and the State, on the

74

PART I

date of entry into force of the Convention, having the largest economy in terms of gross domestic product, if such States wish to be represented in this group; (b)â•‡Four members from among the eight States Parties which have made the largest investments in preparation for and in the Â�conduct of activities in the Area, either directly or through their nationals; (c)â•‡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)â•‡Six members from among developing States Parties, representing special interests. The special interests to be represented shall include those of States with large populations, States which are land-locked or geographically disadvantaged, island States, 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)â•‡Eighteen members elected according to the principle of ensuring an equitable geographical distribution of seats in the Council as a whole, provided that each geographical region shall have at least one member elected under this subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern Europe, Latin America and the Caribbean and Western Europe and Â�Others. 16.â•‡ The provisions of article 161, paragraph 1, of the Convention shall not apply. … 9.(a)â•‡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 Â�Council. (b)â•‡Before electing the members of the Council, the Assembly shall establish lists of countries fulfilling the criteria for membership in the groups of States in paragraph 15 (a) to (d). If a State fulfils the criteria for membership in more than one group, it may only be proposed by one group for election to the Council and it shall represent only that group in voting in the Council. 10.â•‡ 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.

UN CONVENTION ON THE LAW OF THE SEA

75

2.â•‡ In electing the members of the Council in accordance with paragraphÂ€1,1 the Assembly shall ensure that: (a)â•‡land-locked and geographically disadvantaged States are represented to a degree which is reasonably proportionate to their representation in the Assembly; (b)â•‡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)â•‡each group of States Parties to be represented on the Council is represented by those members, if any, which are nominated by that group. 3.â•‡ Elections shall take place at regular sessions of the Assembly. Each member of the Council shall be elected for four years. At the first election however, the term of one half of the members of each group referred to in paragraph 1 shall be two years.2 4.â•‡ Members of the Council shall be eligible for re-election, but due regard should be paid to the desirability of rotation of membership. 5.â•‡ The Council shall function at the seat of the Authority, and shall meet as often as the business of the Authority may require, but not less than three times a year. 6.â•‡ A majority of the members of the Council shall constitute a quorum. 7.â•‡ Each member of the Council shall have one vote. 8.â•‡ (a) Decisions on questions of procedure shall be taken by a majority of the members present and voting. [(b)â•‡Does not apply. See Agreement, annex, Section 3, paragraph 8] [(c)â•‡Does not apply. See Agreement, annex, Section 3, paragraph 8]

AGREEMENT, ANNEX, SECTION 3, PARAGRAPH 8 8.â•‡ The provisions of article 161, paragraph 8 (b) and (c), of the Convention shall not apply.

1 â•‡ Paragraph 1 of article 161 does not apply. However, an equivalent provision occurs in the Agreement, annex, Section 3, paragraph 15. In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail. 2 â•‡ Paragraph 1 of article 161 does not apply. However, an equivalent provision occurs in the Agreement, annex, Section 3, paragraph 15. In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail.

76

PART I

(d)â•‡Decisions on questions of substance arising under the following provisions shall be taken by consensus: article 162, paragraph 2(m) and (o); adoption of amendments to Part XI. (e)â•‡For the purposes of subparagraphs (d), (f) and (g), “consensus” means the absence of any formal objection. Within 14 days of the submission of a proposal to the Council, the President of the Council shall determine whether there would be a formal objection to the adoption of the proposal. If the President determines that there would be such an objection, the President shall establish and convene, within three days following such determination, a conciliation committee consisting of not more than nine members of the Council, with the President as chairman, for the purpose of reconciling the differences and producing a proposalÂ€which can be adopted by consensus. The committee shall work expeditiously and report to the Council within 14 days following its establishment. If the committee is unable to recommend a proposal which can be adopted by consensus, it shall set out in its report the grounds on which the proposal is being opposed. (f)â•‡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 or, if not specified therein, then pursuant to the subparagraph determined by the Council if possible in advance, by consensus. (g)â•‡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.

AGREEMENT, ANNEX, SECTION 3, PARAGRAPHS 2, 5 TO 7 2.â•‡ As a general rule, decision-making in the organs of the Authority should be by consensus. … 5.â•‡ 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 ofÂ€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 opposed by a majority in any one of the chambers referred to in paragraph 9. In taking decisions

UN CONVENTION ON THE LAW OF THE SEA

77

theÂ€ Council shall seek to promote the interests of all the members of the Authority. 6.â•‡ 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.â•‡ Decisions by the Assembly or the Council having financial or budgetary implications shall be based on the recommendations of the Finance Committee. 9.â•‡ The Council shall establish a procedure whereby a member of the Authority not represented on the Council may send a representative to attend a meeting of the Council when a request is made by such member, or a matter particularly affecting it is under consideration. Such a representative shall be entitled to participate in the deliberations but not to vote. Article 162 Powers and functions 1.â•‡ The Council is the executive organ of the Authority. The Council shall have the power to establish, in conformity with this Convention and the general policies established by the Assembly, the specific policies to be pursued by the Authority on any question or matter within the competence of the Authority. 2.â•‡ In addition, the Council shall: (a)â•‡supervise and co-ordinate the implementation of the provisions of this Part on all questions and matters within the competence of the Authority and invite the attention of the Assembly to cases of non-compliance; (b)â•‡propose to the Assembly a list of candidates for the election of the Secretary-General; (c)â•‡recommend to the Assembly candidates for the election of the members of the Governing Board of the Enterprise and the Director-General of the Enterprise; (d)â•‡establish, as appropriate, and with due regard to economy and efficiency, such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Part. In the composition of subsidiary organs, emphasis shall be placed on the need for members qualified and competent in relevant technical matters dealt with by those organs provided that due account shall be taken of the principle of equitable geographical distribution and of special interests; (e)â•‡adopt its rules of procedure including the method of selecting its president; (f)â•‡enter into agreements with the United Nations or other international organizations on behalf of the Authority and within its competence, subject to approval by the Assembly;

78

PART I

(g)â•‡consider the reports of the Enterprise and transmit them to the Assembly with its recommendations; (h)â•‡present to the Assembly annual reports and such special reports as the Assembly may request; (i)â•‡issue directives to the Enterprise in accordance with article 170; [(j)â•‡Does not apply. See Agreement, annex, Section 3, paragraph 11(b)] d AGREEMENT, ANNEX, SECTION 3, PARAGRAPHS 11 AND 12 11.â•‡(a)â•‡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 disapprove 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. (b)â•‡The provisions of article 162, paragraph 2 (j), of the Convention shall not apply. 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. â•›â•›(k)â•‡approve plans of work submitted by the Enterprise in accordance with Annex IV, article 12, applying, mutatis mutandis, the procedures set forth in subparagraphs (j); â•‡ (l)â•‡exercise control over activities in the Area in accordance with article 153, paragraph 4, and the rules, regulations and procedures of the Authority; (m)â•‡take, upon the recommendation of the Economic Planning Commission, necessary and appropriate measures in accordance with article 150, subparagraph (h), to provide protection from the adverse economic effects specified therein; â•›â•›(n)â•‡make recommendations to the Assembly, on the basis of advice from the Economic Planning Commission, for a system of compensation or other measures of economic adjustment assistance as provided in article 151, paragraph 10;

UN CONVENTION ON THE LAW OF THE SEA

79

AGREEMENT, ANNEX, SECTION 7, PARAGRAPH 2 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. Article 160, paragraph 2 (l), article 162, paragraph 2 (n), article 164, paragraph 2 (d), article 171, subparagraph (f), and article 173, paragraph 2 (c), of the Convention shall be interpreted accordingly. (o)â•‡(i)â•‡recommend to the Assembly rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and the payments and contributions made pursuant to article 82, taking into particular consideration the interests and needs of the developing States and peoples who have not attained full independence or other self-governing status; â•…â•›â•›â•›(ii)â•‡adopt and apply provisionally, pending approval by the Assembly, the rules, regulations and procedures of the Authority, and any amendments thereto, taking into account the recommendations of the Legal and Technical Commission or other subordinate organ concerned. These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area and the financial management and internal administration of the Authority. Priority shall be given to the adoption of rules, regulations and procedures for the exploration for and exploitation of polymetallic nodules. Rules, regulations and procedures for the exploration for and exploitation of any resource other than polymetallic nodules shall be adopted within three years from the date of a request to the Authority by any of its members to adopt such rules, regulations and procedures in respect of such resource. All rules, regulations and procedures shall remain in effect on a provisional basis until approved by the Assembly or until amended by the Council in the light of any views expressed by the Assembly;

AGREEMENT, ANNEX, SECTION 1, PARAGRAPHS 15 AND 16 15.â•‡ 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:

80

PART I

(a)â•‡The Council may undertake such elaboration any time it deems that all or any of such rules, regulations or procedures are required for the conduct of activities in the Area, or when it determines that commercial exploitation is imminent, or at the request of a State whose national intends to apply for approval of a plan of work for exploitation; (b)â•‡If a request is made by a State referred to in subparagraph (a) the Council shall, in accordance with article 162, paragraph 2 (o), of the Convention, complete the adoption of such rules, regulations and procedures within two years of the request; (c)â•‡If the Council has not completed the elaboration of the rules, regulations and procedures relating to exploitation within the prescribed time and an application for approval of a plan of work for exploitation is pending, it shall none the less consider and provisionally approve such plan of work based on the provisions of the Convention and any rules, regulations and procedures that the Council may have adopted provisionally, or on the basis of the norms contained in the Convention and the terms and principles contained in this Annex as well as the principle of nondiscrimination among contractors. 16.â•‡ 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 of this Agreement. (p)â•‡review the collection of all payments to be made by or to the Authority in connection with operations pursuant to this Part; [(q)â•‡Does not apply. See Agreement, annex, Section 6, paragraph 7] AGREEMENT, ANNEX, SECTION 6, PARAGRAPH 7 7.â•‡ The provisions of … article 162, paragraph 2 (q) … of the Convention shall not apply. (r)â•‡submit the proposed annual budget of the Authority to the Assembly for its approval; (s)â•‡make recommendations to the Assembly concerning policies on any question or matter within the competence of the AuthoÂ� rity; (t)â•‡make recommendations to the Assembly concerning suspension of the exercise of the rights and privileges of membership pursuant to article 185; (u)â•‡institute proceedings on behalf of the Authority before the Seabed Disputes Chamber in cases of non-compliance;

UN CONVENTION ON THE LAW OF THE SEA

81

(v)â•‡notify the Assembly upon a decision by the Seabed Disputes Chamber in proceedings instituted under subparagraph (u), and make any recommendations which it may find appropriate with respect to measures to be taken; (w)â•‡issue emergency orders which may include orders for the suspension or adjustment of operations, to prevent serious harm to the marine environment arising out of activities in the Area; (x)â•‡disapprove areas for exploitation by contractors or the Enterprise in cases where substantial evidence indicates the risk of serious harm to the marine environment; (y)â•‡establish a subsidiary organ for the elaboration of draft financial rules, regulations and procedures relating to: â•…â•‡â•›â•›â•›(i)â•‡financial management in accordance with articles 171 to 175; and â•…â•‡â•›(ii)â•‡financial arrangements in accordance with Annex III, article 13 and article 17, paragraph 1(c);

AGREEMENT, ANNEX, SECTION 9, PARAGRAPH 9 9.â•‡ The requirement of article 162, paragraph 2 (y), of the Convention to establish a subsidiary organ to deal with financial matters shall be deemed to have been fulfilled by the establishment of the Finance Committee in accordance with this section. (z)â•‡establish appropriate mechanisms for directing and supervising a staff of inspectors who shall inspect activities in the Area to determine whether this Part, the rules, regulations and procedures of the Authority, and the terms and conditions of any contract with the Authority are being complied with. Article 163 Organs of the Council 1.â•‡ There are hereby established the following organs of the Council: (a)â•‡an Economic Planning Commission; (b)â•‡a Legal and Technical Commission. 2.â•‡ Each Commission shall be composed of 15 members, elected by the Council from among the candidates nominated by the States Parties. However, if necessary, the Council may decide to increase the size of either Commission giving due regard to economy and efficiency. 3.â•‡ Members of a Commission shall have appropriate qualifications in the area of competence of that Commission. States Parties shall nominate candidates of the highest standards of competence and integrity with qualifications in relevant fields so as to ensure the effective exercise of the functions of the Commissions.

82

PART I

4.â•‡ In the election of members of the Commissions, due account shall be taken of the need for equitable geographical distribution and the representation of special interests. 5.â•‡ No State Party may nominate more than one candidate for the same Commission. No person shall be elected to serve on more than one Commission. 6.â•‡ Members of the Commissions shall hold office for a term of five years. They shall be eligible for re-election for a further term. 7.â•‡ In the event of the death, incapacity or resignation of a member of a Commission prior to the expiration of the term of office, the Council shall elect for the remainder of the term, a member from the same geographical region or area of interest. 8.â•‡ Members of Commissions shall have no financial interest in any activity relating to exploration and exploitation in the Area. Subject to their responsibilities to the Commissions upon which they serve, they shall not disclose, even after the termination of their functions, any industrial secret, proprietary data which are transferred to the Authority in accordance with Annex III, article 14, or any other confidential information coming to their knowledge by reason of their duties for the Authority. 9.â•‡ Each Commission shall exercise its functions in accordance with such guidelines and directives as the Council may adopt. 10.â•‡ Each Commission shall formulate and submit to the Council for approval such rules and regulations as may be necessary for the efficient conduct of the Commission’s functions. 11.â•‡ The decision-making procedures of the Commissions shall be established by the rules, regulations and procedures of the Authority. Recommendations to the Council shall, where necessary, be accompanied by a summary on the divergencies of opinion in the Commission.

AGREEMENT, ANNEX, SECTION 3, PARAGRAPHS 2 AND 13 2.â•‡ As a general rule, decision-making in the organs of the Authority should be by consensus. … 13.â•‡ Decisions by voting in the Legal and Technical Commission shall be by a majority of members present and voting. 12.â•‡ Each Commission shall normally function at the seat of the Authority and shall meet as often as is required for the efficient exercise of its functions. 13.â•‡ In the exercise of its functions, each Commission may, where appropriate, consult another commission, any competent organ of the United Nations or of its specialized agencies or any international organizations with competence in the subject-matter of such consultation.

UN CONVENTION ON THE LAW OF THE SEA

83

Article 164 The Economic Planning Commission 1.â•‡ Members of the Economic Planning Commission shall have appropriate qualifications such as those relevant to mining, management of mineralÂ€ resource activities, international trade or international economics. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. The Commission shall include at least two members from developing States whose exports of the categories of minerals to be derived from the Area have a substantial bearing upon their economies.

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 4 4.â•‡ …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. 2.â•‡ The Commission shall: (a)â•‡propose, upon the request of the Council, measures to implement decisions relating to activities in the Area taken in accordance with this Convention; (b)â•‡review the trends of and the factors affecting supply, demand and prices of materials which may be derived from the Area, bearing in mind the interests of both importing and exporting countries, and in particular of the developing States among them; (c)â•‡examine any situation likely to lead to the adverse effects referred to in article 150, subparagraph (h), brought to its attention by the State Party or States Parties concerned, and make appropriate recommendations to the Council; (d)â•‡propose to the Council for submission to the Assembly, as provided in article 151, paragraph 10, a system of compensation or other measures of economic adjustment assistance for developing States which suffer adverse effects caused by activities in the Area. The Commission shall make the recommendations to the Council that are necessary for the application of the system or other measures adopted by the Assembly in specific cases.

AGREEMENT, ANNEX, SECTION 7, PARAGRAPH 2 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1.

84

PART I

… article 164, paragraph 2 (d) … of the Convention shall be interpreted accordingly. Article 165 The Legal and Technical Commission 1.â•‡ Members of the Legal and Technical Commission shall have appropriate qualifications such as those relevant to exploration for and exploitation and processing of mineral resources, oceanology, protection of the marine environment, or economic or legal matters relating to ocean mining and related fields of expertise. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. 2.â•‡ The Commission shall: (a)â•‡make recommendations with regard to the exercise of the Authority’s functions upon the request of the Council; (b)â•‡review formal written plans of work for activities in the Area in accordance with article 153, paragraph 3, and submit appropriate recommendations to the Council. The Commission shall base its recommendations solely on the grounds stated in Annex III and shall report fully thereon to the Council; (c)â•‡supervise, upon the request of the Council, activities in the Area, where appropriate, in consultation and collaboration with any entity carrying out such activities or State or States concerned and report to the Council; (d)â•‡prepare assessments of the environmental implications of activities in the Area; (e)â•‡make recommendations to the Council on the protection of the marine environment, taking into account the views of recognized experts in that field; (f)â•‡formulate and submit to the Council the rules, regulations and procedures referred to in article 162, paragraph 2(o), taking into account all relevant factors including assessments of the environmental implications of activities in the Area; (g)â•‡keep such rules, regulations and procedures under review and recommend to the Council from time to time such amendments thereto as it may deem necessary or desirable; (h)â•‡make recommendations to the Council regarding the establishment of a monitoring programme to observe, measure, evaluate and analyse, by recognized scientific methods, on a regular basis,Â€the risks or effects of pollution of the marine environment resulting from activities in the Area, ensure that existing regulations are adequate and are complied with and co-ordinate the implementation of the monitoring programme approved by the Council; (i)â•‡recommend to the Council that proceedings be instituted on behalf of the Authority before the Seabed Disputes Chamber,

UN CONVENTION ON THE LAW OF THE SEA

85

inÂ€accordance with this Part and the relevant Annexes taking into account particularly article 187; â•›(j)â•‡make recommendations to the Council with respect to measures to be taken, upon a decision by the Seabed Disputes Chamber in proceedings instituted in accordance with subparagraph (i); (k)â•‡make recommendations to the Council to issue emergency orders, which may include orders for the suspension or adjustment of operations, to prevent serious harm to the marine environment arising out of activities in the Area. Such recommendations shall be taken up by the Council on a priority basis; â•›(l)â•‡make recommendations to the Council to disapprove areas for exploitation by contractors or the Enterprise in cases where substantial evidence indicates the risk of serious harm to the marine environment; (m)â•‡make recommendations to the Council regarding the direction and supervision of a staff of inspectors who shall inspect activities in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of the Authority, and the terms and conditions of any contract with the Authority are being complied with; [(n)â•‡Does not apply. See Agreement, annex, Section 6, paragraph 7]Â€e

AGREEMENT, ANNEX, SECTION 6, PARAGRAPH 7 7.â•‡ The provisions of … article 165, paragraph 2 (n) … of the Convention shall not apply. 3.â•‡ The members of the Commission shall, upon request by any State Party or other party concerned, be accompanied by a representative of such State or other party concerned when carrying out their function of supervision and inspection.

AGREEMENT, ANNEX, SECTION 9 SECTION 9. THE FINANCE COMMITTEE 1.â•‡ There is hereby established a Finance Committee. The Committee shall be composed of 15 members with appropriate qualifications relevant to financial matters. States Parties shall nominate candidates of the highest standards of competence and integrity. 2.â•‡ No two members of the Finance Committee shall be nationals of the same State Party. 3.â•‡ Members of the Finance Committee shall be elected by the AssemblyÂ€ and due account shall be taken of the need for equitable geographical

86

PART I

distribution and the representation of special interests. Each group of States referred to in section 3, paragraph 15 (a), (b), (c) and (d), of this Annex shall be represented on the Committee by at least one member. Until the Authority has sufficient funds other than assessed contributions to meet its administrative expenses, the membership of the Committee shall include representatives of the five largest financial contributors to the administrative budget of the Authority. Thereafter, the election of one member from each group shall be on the basis of nomination by the members of the respective group, without prejudice to the possibility of further members being elected from each group. 4.â•‡ Members of the Finance Committee shall hold office for a term of five years. They shall be eligible for re-election for a further term. 5.â•‡ In the event of the death, incapacity or resignation of a member of the Finance Committee prior to the expiration of the term of office, the Assembly shall elect for the remainder of the term a member from the same geographical region or group of States. 6.â•‡ Members of the Finance Committee shall have no financial interest in any activity relating to matters upon which the Committee has the responsibility to make recommendations. They shall not disclose, even after the termination of their functions, any confidential information coming to their knowledge by reason of their duties for the Authority. 7.â•‡ Decisions by the Assembly and the Council on the following issues shall take into account recommendations of the Finance Committee: (a)â•‡Draft financial rules, regulations and procedures of the organs of the Authority and the financial management and internal financial administration of the Authority; (b)â•‡Assessment of contributions of members to the administrative budget of the Authority in accordance with article 160, paragraph 2 (e), of the Convention; (c)â•‡All relevant financial matters, including the proposed annual budget prepared by the Secretary-General of the Authority in accordance with article 172 of the Convention and the financial aspects of the implementation of the programmes of work of the Secretariat; (d)â•‡The administrative budget; (e)â•‡Financial obligations of States Parties arising from the implementation of this Agreement and Part XI as well as the administrative and budgetary implications of proposals and recomÂ�mendations involving expenditure from the funds of the Authority; (f)â•‡Rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and the decisions to be made thereon. 8.â•‡ Decisions in the Finance Committee on questions of procedure shall be taken by a majority of members present and voting. Decisions on questions of substance shall be taken by consensus.

UN CONVENTION ON THE LAW OF THE SEA

87

9.â•‡ The requirement of article 162, paragraph 2 (y), of the Convention to establish a subsidiary organ to deal with financial matters shall be deemed to have been fulfilled by the establishment of the Finance Committee in accordance with this section. SUBSECTION D. THE SECRETARIAT Article 166 The Secretariat 1.â•‡ The Secretariat of the Authority shall comprise a Secretary-General and such staff as the Authority may require. 2.â•‡ The Secretary-General shall be elected for four years by the Assembly from among the candidates proposed by the Council and may be reelected. 3.â•‡ The Secretary-General shall be the chief administrative officer of the Authority, and shall act in that capacity in all meetings of the Assembly, of the Council and of any subsidiary organ, and shall perform such other administrative functions as are entrusted to the Secretary-General by these organs. 4.â•‡ The Secretary-General shall make an annual report to the Assembly on the work of the Authority. Article 167 The staff of the Authority 1.â•‡ The Staff of the Authority shall consist of such qualified scientific and technical and other personnel as may be required to fulfil the administrative functions of the Authority. 2.â•‡ The paramount consideration in the recruitment and employment of the staff and in the determination of their conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. 3.â•‡ The staff shall be appointed by the Secretary-General. The terms and conditions on which they shall be appointed, remunerated and dismissed shall be in accordance with the rules, regulations and procedures of the Authority. Article 168 International character of the Secretariat 1.â•‡ In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from other

88

PART I

source external to the Authority. They shall refrain from any action which might reflect on their position as international officials responsible only to the Authority. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities. Any violation of responsibilities by a staff member shall be submitted to the appropriate administrative tribunal as provided in the rules, regulations and procedures of the Authority. 2.â•‡ The Secretary-General and the staff shall have no financial interest in any activity relating to exploration and exploitation in the Area. Subject to their responsibilities to the Authority, they shall not disclose, even after the termination of their functions, any industrial secret, proprietary data which are transferred to the Authority in accordance with Annex III, article 14, or any other confidential information coming to their knowledge by reason of their employment with the Authority. 3.â•‡ Violations of the obligations of a staff member of the Authority set forth in paragraph 2 shall, on the request of a State Party affected by such violation, or a natural or juridical person, sponsored by a State Party as provided in article 153, paragraph 2(b), and affected by such violation, be submitted by the Authority against the staff member concerned to a tribunal designated by the rules, regulations and procedures of the Authority. The Party affected shall have the right to take part in the proceedings. If the tribunal so recommends, the Secretary-General shall dismiss the staff member concerned. 4.â•‡ The rules, regulations and procedures of the Authority shall contain such provisions as are necessary to implement this article. Article 169 Consultation and co-operation with international and non-governmental organizations 1.â•‡ The Secretary-General shall, on matters within the competence of the Authority, make suitable arrangements, with the approval of the Council, for consultation and co-operation with international and non-governmental organizations recognized by the Economic and Social Council of the United Nations. 2.â•‡ Any organization with which the Secretary-General has entered into an arrangement under paragraph 1 may designate representatives to attend meetings of the organs of the Authority as observers in accordance with the rules of procedure of these organs. Procedures shall be established for obtaining the views of such organizations in appropriate cases. 3.â•‡ The Secretary-General may distribute to States Parties written reports submitted by the non-governmental organizations referred to in paragraph 1 on subjects in which they have special competence and which are related to the work of the Authority.

UN CONVENTION ON THE LAW OF THE SEA

89

SUBSECTION E. THE ENTERPRISE Article 170 The Enterprise 1.â•‡ The Enterprise shall, be the organ of the Authority which shall carry out activities in the Area directly, pursuant to article 153, paragraph 2(a), as well as the transporting, processing and marketing of minerals recovered from the Area. 2.â•‡ The Enterprise shall, within the framework of the international legal personality of the Authority, have such legal capacity as is provided for in the Statute set forth in Annex IV. The Enterprise shall act in accordance with this Convention and the rules, regulations and procedures of the Authority, as well as the general policies established by the Assembly, and shall be subject to the directives and control of the Council. 3.â•‡ The Enterprise shall have its principal place of business at the seat of the Authority. 4.â•‡ The Enterprise shall, in accordance with article 173, paragraph 2, and Annex IV, article 11, be provided with such funds as it may require to carry out its functions, and shall receive technology as provided in article 144 and other relevant provisions of this Convention. AGREEMENT, ANNEX, SECTION 2 SECTION 2. THE ENTERPRISE 1.â•‡ 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: (a)â•‡Monitoring and review of trends and developments relating to deep seabed mining activities, including regular analysis of world metal market conditions and metal prices, trends and prospects; (b)â•‡Assessment of the results of the conduct of marine scientific research with respect to activities in the Area, with particular emphasis on research related to the environmental impact of activities in the Area; (c)â•‡Assessment of available data relating to prospecting and exploration, including the criteria for such activities; (d)â•‡Assessment of technological developments relevant to activities in the Area, in particular technology relating to the protection and preservation of the marine environment; (e)â•‡Evaluation of information and data relating to areas reserved for the Authority;

90

PART I

(f)â•‡Assessment of approaches to joint-venture operations; (g)â•‡Collection of information on the availability of trained Â�manpower; (h)â•‡Study of managerial policy options for the administration of the Enterprise at different stages of its operations. 2.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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. SUBSECTION F. FINANCIAL ARRANGEMENTS OF THE AUTHORITY Article 171 Funds of the Authority The funds of the Authority shall include: (a)â•‡assessed contributions made by members of the Authority in accordance with article 160, paragraph 2(e);

UN CONVENTION ON THE LAW OF THE SEA

91

(b)â•‡funds received by the Authority pursuant to Annex III, article 13, in connection with activities in the Area; (c)â•‡funds transferred from the Enterprise in accordance with Annex IV, article 10; (d)â•‡funds borrowed pursuant to article 174; (e)â•‡voluntary contributions made by members or other entities; and (f)â•‡payments to a compensation fund, in accordance with article 151, paragraph 10, whose sources are to be recommended by the Economic Planning Commission.

AGREEMENT, ANNEX, SECTION 7, PARAGRAPH 2 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. … article 171, subparagraph (f) … of the Convention shall be interpreted accordingly. Article 172 Annual budget of the Authority The Secretary-General shall draft the proposed annual budget of the Authority and submit it to the Council. The Council shall consider the proposed annual budget and submit it to the Assembly, together with any recommendations thereon. The Assembly shall consider and approve the proposed annual budget in accordance with article 160, paragraph 2(h).

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 14 14.â•‡ 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. AGREEMENT, ANNEX, SECTION 9, PARAGRAPH 7 7.â•‡ Decisions by the Assembly and the Council on the following issues shall take into account recommendations of the Finance Committee:

92

PART I

… (c)â•‡All relevant financial matters, including the proposed annual budget prepared by the Secretary-General of the Authority in accordance with article 172 of the Convention and the financial aspects of the implementation of the programmes of work of the Secretariat; (d)â•‡The administrative budget; Article 173 Expenses of the Authority 1.â•‡ The contributions referred to in article 171, subparagraph (a), shall be paid into a special account to meet the administrative expenses of the Authority until the Authority has sufficient funds from other sources to meet those expenses. 2.â•‡ The administrative expenses of the Authority shall be a first call upon the funds of the Authority. Except for the assessed contributions referred to in article 171, subparagraph (a), the funds which remain after payment of administrative expenses may, inter alia: (a)â•‡be shared in accordance with article 140 and article 160, paragraph 2(g); (b)â•‡be used to provide the Enterprise with funds in accordance with article 170, paragraph 4; (c)â•‡be used to compensate developing States in accordance with article 151, paragraph 10, and article 160, paragraph 2(1).

AGREEMENT, ANNEX, SECTION 7, PARAGRAPH 2 2.â•‡ Article 151, paragraph 10, of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. … article 173, paragraph 2 (c), of the Convention shall be interpreted accordingly. Article 174 Borrowing power of the Authority 1.â•‡ The Authority shall have the power to borrow funds. 2.â•‡ The Assembly shall prescribe the limits on the borrowing power of the Authority in the financial regulations adopted pursuant to article 160, paragraph 2(f). 3.â•‡ The Council shall exercise the borrowing power of the Authority. 4.â•‡ States Parties shall not be liable for the debts of the Authority.

UN CONVENTION ON THE LAW OF THE SEA

93

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 14 14.â•‡ 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. Article 175 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 Article 176 Legal status The Authority shall have international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. Article 177 Privileges and immunities To enable the Authority to exercise its functions, it shall enjoy in the territory of each State Party the privileges and immunities set forth in this subsection. The privileges and immunities relating to the Enterprise shall be those set forth in Annex IV, article 13. Article 178 Immunity from legal process The Authority, its property and assets, shall enjoy immunity from legal process except to the extent that the Authority expressly waives this immunity in a particular case. Article 179 Immunity from search and any form of seizure The property and assets of the Authority, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.

94

PART I

Article 180 Exemption from restrictions, regulations, controls and moratoria The property and assets of the Authority shall be exempt from restrictions, regulations, controls and moratoria of any nature. Article 181 Archives and official communications of the Authority 1.â•‡ The archives of the Authority, wherever located, shall be inviolable. 2.â•‡ Proprietary data, industrial secrets or similar information and personnel records shall not be placed in archives which are open to public inspection. 3.â•‡ With regard to its official communications, the Authority shall be accorded by each State Party treatment no less favourable than that accorded by that State to other international organizations. Article 182 Privileges and immunities of certain persons connected with the Authority Representatives of States Parties attending meetings of the Assembly, the Council or organs of the Assembly or the Council, and the SecretaryGeneral and staff of the Authority, shall enjoy in the territory of each State Party: (a)â•‡immunity from legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the State which they represent or the Authority, as appropriate, expressly waives this immunity in a particular case; (b)â•‡if they are not nationals of that State Party, the same exemptions from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by that State to the representatives, officials and employees of comparable rank of other States Parties. Article 183 Exemption from taxes and customs duties 1.â•‡ Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorized by this Convention, shall be exempt from all direct taxation and goods imported or exported for its official use shall be exempt from all customs duties. The Authority shall not claim exemption from taxes which are no more than charges for services rendered. 2.â•‡ When purchases of goods or services of substantial value necessary for the official activities of the Authority are made by or on behalf of the

UN CONVENTION ON THE LAW OF THE SEA

95

Authority, and when the price of such goods or services includes taxes or duties, appropriate measures shall, to the extent practicable, be taken by States Parties to grant exemption from such taxes or duties or provide for their reimbursement. Goods imported or purchased under an exemption provided for in this article shall not be sold or otherwise disposed of in the territory of the State Party which granted the exemption, except under conditions agreed with that State Party. 3.â•‡ No tax shall be levied by States Parties on or in respect of salaries and emoluments paid or any other form of payment made by the Authority to the Secretary-General and staff of the Authority, as well as experts performing missions for the Authority, who are not their nationals. SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS AND PRIVILEGES OF MEMBERS Article 184 Suspension of the exercise of voting rights A State Party which is in arrears in the payment of its financial contributions to the Authority shall have no vote if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member. Article 185 Suspension of exercise of rights and privileges of membership 1.â•‡ A State Party which has grossly and persistently violated the provisions of this Part may be suspended from the exercise of the rights and privileges of membership by the Assembly upon the recommendation of the Council. 2.â•‡ No action may be taken under paragraph 1 until the Seabed Disputes Chamber has found that a State Party has grossly and persistently violated the provisions of this Part. SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS Article 186 Seabed Disputes Chamber of the International Tribunal for the Law of the Sea The establishment of the Seabed Disputes Chamber and the manner in which it shall exercise its jurisdiction shall be governed by the provisions of this section, of Part XV and of Annex VI.

96

PART I

Article 187 Jurisdiction of the Seabed Disputes Chamber The Seabed Disputes Chamber shall have jurisdiction under this Part and the Annexes relating thereto in disputes with respect to activities in the Area falling within the following categories: (a)â•‡disputes between States Parties concerning the interpretation or application of this Part and the Annexes relating thereto; (b)â•‡disputes between a State Party and the Authority concerning: â•…â•‡â•›â•›â•›(i)â•‡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 â•…â•‡â•›(ii)â•‡acts of the Authority alleged to be in excess of jurisdiction or a misuse of power; (c)â•‡ 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: â•…â•‡â•›â•›â•›(i)â•‡the interpretation or application of a relevant contract or a plan of work; or â•…â•‡â•›(ii)â•‡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)â•‡disputes between the Authority and a prospective contractor who has been sponsored by a State as provided in article 153, paragraph 2 (b), and has duly fulfilled the conditions referred to in Annex III, article 4, paragraph 6, and article 13, paragraph 2, concerning the refusal of a contract or a legal issue arising in the negotiation of the contract; (e)â•‡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)â•‡any other disputes for which the jurisdiction of the Chamber is specifically provided in this Convention. Article 188 Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration 1.â•‡ Disputes between States Parties referred to in article 187, subparagraph (a), may be submitted: (a)â•‡at the request of the parties to the dispute, to a special chamber of the International Tribunal for the Law of the Sea to be formed in accordance with Annex VI, articles 15 and 17; or

UN CONVENTION ON THE LAW OF THE SEA

97

(b)â•‡at the request of any party to the dispute, to an ad hoc chamber of the Seabed Disputes Chamber to be formed in accordance with Annex VI, article 36. 2.â•‡(a)â•‡Disputes concerning the interpretation or application of a contract referred to in article 187, subparagraph (c)(i), shall be submitted, at the request of any party to the dispute, to binding commercial arbitration, unless the parties otherwise agree. AÂ€commercial arbitral tribunal to which the dispute is submittedÂ€shall have no jurisdiction to decide any question of interÂ�pretation of this Convention. When the dispute also involves a question of the interpretation of Part XI and the Annexes relatingÂ€ thereto, with respect to activities in the Area, that questionÂ€shall be referred to the Seabed Disputes Chamber for a ruling. (b)â•‡If, at the commencement of or in the course of such arbitration, the arbitral tribunal determines, either at the request of any partyÂ€ to the dispute or proprio motu, that its decision depends upon a ruling of the Seabed Disputes Chamber, the arbitral tribunal shall refer such question to the Seabed Disputes Chamber for such ruling. The arbitral tribunal shall then proceed to render its award in conformity with the ruling of the Seabed Disputes Chamber. (c)â•‡In the absence of a provision in the contract on the arbitration procedure to be applied in the dispute, the arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the Authority, unless the parties to the dispute otherwise agree. Article 189 Limitation on jurisdiction with regard to decisions of the Authority The Seabed Disputes Chamber shall have no jurisdiction with regard to the exercise by the Authority of its discretionary powers in accordance with this Part; in no case shall it substitute its discretion for that of the Authority. Without prejudice to article 191, in exercising its jurisdiction pursuant to article 187, the Seabed Disputes Chamber shall not pronounce itself on the question of whether any rules, regulations and procedures of the Authority are in conformity with this Convention, nor declare invalid any such rules, regulations and procedures. Its jurisdiction in this regard shall be confined to deciding claims that the application of any rules, regulations and procedures of the Authority in individual cases would be in conflict with the contractual obligations of the parties to the dispute or their obligations under this Convention, claims concerning excess of jurisdiction or misuse of power, and to claims for damages to be paid or other remedy to be given to the party concerned for the failure of the other party to comply with its contractual obligations or its obligations under this Convention.

98

PART I

Article 190 Participation and appearance of sponsoring States Parties in proceedings 1.â•‡ If a natural or juridical person is a party to a dispute referred to in article 187, the sponsoring State shall be given notice thereof and shall have the right to participate in the proceedings by submitting written or oral statements. 2.â•‡ If an action is brought against a State Party by a natural or juridical person sponsored by another State Party in a dispute referred to in article 187, subparagraph (c), the respondent State may request the State sponsoring that person to appear in the proceedings on behalf of that person. Failing such appearance, the respondent State may arrange to be represented by a juridical person of its nationality. Article 191 Advisory opinions The Seabed Disputes Chamber shall give advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities. Such opinions shall be given as a matter of urgency. PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT SECTION 1. GENERAL PROVISIONS Article 192 General obligation States have the obligation to protect and preserve the marine environment. Article 193 Sovereign right of States to exploit their natural resources States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment. Article 194 Measures to prevent, reduce and control pollution of the marine environment 1.â•‡ States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and

UN CONVENTION ON THE LAW OF THE SEA

99

control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection. 2.â•‡ States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. 3.â•‡ The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent: (a)â•‡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)â•‡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)â•‡pollution from installations and devices used in 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)â•‡pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices. 4.â•‡ In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention. 5.â•‡ The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life. Article 195 Duty not to transfer damage or hazards or transform one type of pollution into another In taking measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to transfer, directly or indirectly,

100

PART I

Â� damage or hazards from one area to another or transform one type of pollution into another. Article 196 Use of technologies or introduction of alien or new species 1.â•‡ States shall take all measures necessary to prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control, or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful changes thereto. 2.â•‡ This article does not affect the application of this Convention regarding the prevention, reduction and control of pollution of the marine environment. SECTION 2. GLOBAL AND REGIONAL CO-OPERATION Article 197 Co-operation on a global or regional basis States shall co-operate on a global basis and, as appropriate, on a regional basis, directly or through competent international 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. Article 198 Notification of imminent or actual damage When a State becomes aware of cases in which the marine environment is in imminent danger of being damaged or has been damaged by pollution, it shall immediately notify other States it deems likely to be affected by such damage, as well as the competent international organizations. Article 199 Contingency plans against pollution In the cases referred to in article 198, States in the area affected, in accordance with their capabilities, and the competent international organizations shall co-operate, 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.

UN CONVENTION ON THE LAW OF THE SEA

101

Article 200 Studies, research programmes and exchange of information and data States shall co-operate, 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. Article 201 Scientific criteria for regulations In the light of the information and data acquired pursuant to article 200, States shall co-operate, directly or through competent international 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. SECTION 3. TECHNICAL ASSISTANCE Article 202 Scientific and technical assistance to developing States States shall, directly or through competent international organizations: (a)â•‡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: â•…â•‡â•›â•›â•›â•›â•›(i)â•‡training of their scientific and technical personnel; â•…â•‡â•›â•›â•›(ii)â•‡facilitating their participation in relevant international programmes; â•…â•‡ â•›(iii)â•‡supplying them with necessary equipment and facilities; â•…â•‡â•›(iv)â•‡enhancing their capacity to manufacture such equipment; â•…â•‡â•›â•›â•›(v)â•‡advice on and developing facilities for research, monitoring, educational and other programmes; (b)â•‡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; â•›

102

PART I

(c)â•‡provide appropriate assistance, especially to developing States, concerning the preparation of environmental assessments. Article 203 Preferential treatment for developing States Developing States shall, for the purposes of prevention, reduction and control of pollution of the marine environment or minimization of its effects, be granted preference by international organizations in: (a)â•‡the allocation of appropriate funds and technical assistance; and (b)â•‡the utilization of their specialized services. SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT Article 204 Monitoring of the risks or effects of pollution 1.â•‡ States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment. 2.â•‡ In particular, States shall keep under surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment. Article 205 Publication of reports States shall publish reports of the results obtained pursuant to article 204 or provide such reports at appropriate intervals to the competent international organizations, which should make them available to all States. Article 206 Assessment of potential effects of activities When States have reasonable grounds for believing that planned activities under their jurisdiction or control may cause substantial pollution of or significant and harmful changes to the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment and shall communicate reports of the results of such assessments in the manner provided in article 205.

UN CONVENTION ON THE LAW OF THE SEA

103

SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT Article 207 Pollution from land-based sources 1.â•‡ States shall adopt laws and regulations to prevent, reduce and controlÂ€ pollution of the marine environment from land-based sources, includingÂ€ rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures. 2.â•‡ States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3.â•‡ States shall endeavour to harmonize their policies in this connection at the appropriate regional level. 4.â•‡ States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment from landbased sources, taking into account characteristic regional features, the economic capacity of developing States and their need for economic development. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary. 5.â•‡ Laws, regulations, measures, rules, standards and recommended practices and procedures referred to in paragraphs 1, 2 and 4 shall include those designed to minimize, to the fullest extent possible, the release of toxic, harmful or noxious substances, especially those which are persistent, into the marine environment. Article 208 Pollution from seabed activities subject to national jurisdiction 1.â•‡ 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. 2.â•‡ States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3.â•‡ Such laws, regulations and measures shall be no less effective than international rules, standards and recommended practices and procedures. 4.â•‡ States shall endeavour to harmonize their policies in this connection at the appropriate regional level.

104

PART I

5.â•‡ States, acting especially through competent international organizations or diplomatic conference, shall establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment referred to in paragraph l. Such rules, standards and recommended practices and procedures shall be reexamined from time to time as necessary. Article 209 Pollution from activities in the Area 1.â•‡ International rules, regulations and procedures shall be established in accordance with Part XI to prevent, reduce and control pollution of the marine environment from activities in the Area. Such rules, regulations and procedures shall be re-examined from time to time as necessary. 2.â•‡ Subject to the relevant provisions of this section, States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from activities in the Area undertaken by vessels, installations, structures and other devices flying their flag or of their registry or operating under their authority, as the case may be. The requirements of such laws and regulations shall be no less effective than the international rules, regulations and procedures referred to in paragraph 1. Article 210 Pollution by dumping 1.â•‡ States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment by dumping. 2.â•‡ States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3.â•‡ Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the competent authorities of States. 4.â•‡ States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary. 5.â•‡ Dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried out without the express prior approval of the coastal State, which has the right to permit, regulate and control such dumping after due consideration of the matter with other States which by reason of their geographical situation may be adversely affected thereby. 6.â•‡ National laws, regulations and measures shall be no less effective in preventing, reducing and controlling such pollution than the global rules and standards.

UN CONVENTION ON THE LAW OF THE SEA

105

Article 211 Pollution from vessels 1.â•‡ States, acting through the competent international organization or general diplomatic conference, shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels and promote the adoption, in the same manner, wherever appropriate, of routeing systems designed to minimize the threat of accidents which might cause pollution of the marine environment, including the coastline, and pollution damage to the related interests of coastal States. Such rules and standards shall, in the same manner, be re-examined from time to time as necessary. 2.â•‡ States shall adopt laws and regulations for the prevention, reduction and control of pollution of the marine environment from vessels flying their flag or of their registry. Such laws and regulations shall at least have the same effect as that of generally accepted international rules and standards established through the competent international organization or general diplomatic conference. 3.â•‡ States which establish particular requirements for the prevention, reduction and control of pollution of the marine environment as a condition for the entry of foreign vessels into their ports or internal waters or for a call at their offshore terminals shall give due publicity to such requirements and shall communicate them to the competent international organization. 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 it complies with the port entry requirements of that State. This article is without prejudice to the continued exercise by a vessel of its right of innocent passage or to the application of article 25, paragraph 2. 4.â•‡ Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage. Such laws and regulations shall, in accordance with Part II, section 3, not hamper innocent passage of foreign vessels. 5.â•‡ Coastal States, for the purpose of enforcement as provided for in section 6, may in respect of their exclusive economic zones adopt laws and regulations for the prevention, reduction and control of pollution from vessels conforming to and giving effect to generally accepted international rules and standards established through the competent international organization or general diplomatic conference. 6.â•‡(a)â•‡Where the international rules and standards referred to in paragraph 1 are inadequate to meet special circumstances and coastal

106

PART I

States have reasonable grounds for believing that a particular, clearly defined area of their respective exclusive economic zones is an area where the adoption of special mandatory measures for the prevention of pollution from vessels is required for recognized technical reasons in relation to its oceanographical and ecological conditions, as well as its utilization or the protection of its resources and the particular character of its traffic, the coastal States, after appropriate consultations through the competent international organization with any other States concerned, may, for that area, direct a communication to that organization, submitting scientific and technical evidence in support and information on necessary reception facilities. 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. These laws and regulations shall not become applicable to foreign vessels until 15 months after the submission of the communication to the organization. (b)â•‡The coastal States shall publish the limits of any such particular, clearly defined area. (c)â•‡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 submissionÂ€of the communication to the organization, provided that the organization agrees within 12 months after the submission of the communication. 7.â•‡ The international rules and standards referred to in this article shouldÂ€ include inter alia those relating to prompt notification to coastal States, whose coastline or related interests may be affected by incidents, including maritime casualties, which involve discharges or probability of discharges. Article 212 Pollution from or through the atmosphere 1.â•‡ States shall adopt laws and regulations to prevent, reduce and controlÂ€ pollution of the marine environment from or through the atmosphere,

UN CONVENTION ON THE LAW OF THE SEA

107

applicable to the air space under their sovereignty and to vessels flying their flag or vessels or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices and procedures and the safety of air navigation. 2.â•‡ States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3.â•‡ States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. SECTION 6. ENFORCEMENT Article 213 Enforcement with respect to pollution from land-based sources States shall enforce their laws and regulations adopted in accordance with article 207 and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from land-based sources. Article 214 Enforcement with respect to pollution from seabed activities States shall enforce their laws and regulations adopted in accordance with article 208 and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference 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. Article 215 Enforcement with respect to pollution from activities in the Area Enforcement of international rules, regulations and procedures established in accordance with Part XI to prevent, reduce and control pollution of the marine environment from activities in the Area shall be governed by that Part. Article 216 Enforcement with respect to pollution by dumping 1.â•‡ Laws and regulations adopted in accordance with this ConventionÂ€and applicable international rules and standards established through competent

108

PART I

international organizations or diplomatic conference for the prevention, reduction and control of pollution of the marine environment by dumping shall be enforced: (a)â•‡by the coastal State with regard to dumping within its territorial sea or its exclusive economic zone or onto its continental shelf; (b)â•‡by the flag State with regard to vessels flying its flag or vessels or aircraft of its registry; (c)â•‡by any State with regard to acts of loading of wastes or other matter occurring within its territory or at its off-shore terminals. 2.â•‡ No State shall be obliged by virtue of this article to institute proceedings when another State has already instituted proceedings in accordance with this article. Article 217 Enforcement by flag States 1.â•‡ States shall ensure compliance by vessels flying their flag or of their registry with applicable international rules and standards, established through the competent international organization or general diplomatic conference, and with their laws and regulations adopted in accordance with this ConÂ� vention for the prevention, reduction and control of pollution of the marine environment from vessels and shall accordingly adopt laws and regulations and take other measures necessary for their implementation. Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations, irrespective of where a violation occurs. 2.â•‡ States shall, in particular, take appropriate measures in order to ensureÂ€that vessels flying their flag or of their registry are prohibited from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards referred to in paragraph 1, including requirements in respect of design, construction, equipment and manning of vessels. 3.â•‡ States shall ensure that vessels flying their flag or of their registry carry on board certificates required by and issued pursuant to international rules and standards referred to in paragraph 1. States shall ensure that vessels flying their flag are periodically inspected in order to verify that such certificates are in conformity with the actual condition of the vessels. These certificates shall be accepted by other States as evidence of the condition of the vessels and shall be regarded as having the same force as certificates issued by them, unless there are clear grounds for believing that the condition of the vessel does not correspond substantially with the particulars of the certificates. 4.â•‡ If a vessel commits a violation of rules and standards established through the competent international organization or general diplomatic conference, the flag State, without prejudice to articles 218, 220 and 228, shall provide for immediate investigation and where appropriate institute proceedings in respect of the alleged violation irrespective of where the violation

UN CONVENTION ON THE LAW OF THE SEA

109

occurred or where the pollution caused by such violation has occurred or has been spotted. 5.â•‡ Flag States conducting an investigation of the violation may request the assistance of any other State whose co-operation could be useful in clarifying the circumstances of the case. States shall endeavour to meet appropriate requests of flag States. 6.â•‡ States shall, at the written request of any State, investigate any violation alleged to have been committed by vessels flying their flag. If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, flag States shall without delay institute such proceedings in accordance with their laws. 7.â•‡ Flag States shall promptly inform the requesting State and the competent international organization of the action taken and its outcome. Such information shall be available to all States. 8.â•‡ Penalties provided for by the laws and regulations of States for vessels flying their flag shall be adequate in severity to discourage violations wherever they occur. Article 218 Enforcement by port States 1.â•‡ When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may undertake investigations and, where the evidence so warrants, institute proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or exclusive economic zone of that State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference. 2.â•‡ No proceedings pursuant to paragraph 1 shall be instituted in respect of a discharge violation in the internal waters, territorial sea or exclusive economic zone of another State unless requested by that State, the flag State, or a State damaged or threatened by the discharge violation, or unless the violation has caused or is likely to cause pollution in the internal waters, territorial sea or exclusive economic zone of the State instituting the proceedings. 3.â•‡ When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State shall, as far as practicable, comply with requests from any State for investigation of a discharge violation referred to in paragraph 1, believed to have occurred in, caused, or threatened damage to the internal waters, territorial sea or exclusive economic zone of the requesting State. ItÂ€ shall likewise, as far as practicable, comply with requests from the flag State for investigation of such a violation, irrespective of where the violation occurred. 4.â•‡ The records of the investigation carried out by a port State pursuant to this article shall be transmitted upon request to the flag State or to the coastal State. Any proceedings instituted by the port State on the basis of such an

110

PART I

investigation may, subject to section 7, be suspended at the request of the coastal State when the violation has occurred within its internal waters, territorial sea or exclusive economic zone. The evidence and records of the case, together with any bond or other financial security posted with the authorities of the port State, shall in that event be transmitted to the coastal State. Such transmittal shall preclude the continuation of proceedings in the port State. Article 219 Measures relating to seaworthiness of vessels to avoid pollution Subject to section 7, States which, upon request or on their own initiative,Â€ have ascertained that a vessel within one of their ports or at one of their off-shore terminals is in violation of applicable international rules and standards relating to seaworthiness of vessels and thereby threatens damage to the marine environment shall, as far as practicable, take administrativeÂ€ measures to prevent the vessel from sailing. Such States may permit the vessel to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately. Article 220 Enforcement by coastal States 1.â•‡ When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may, subject to section 7, institute proceedings in respect of any violation of its laws and regulations adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels when the violation has occurred within the territorial sea or the exclusive economic zone of that State. 2.â•‡ Where there are clear grounds for believing that a vessel navigating in the territorial sea of a State has, during its passage therein, violated laws and regulations of that State adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels, that State, without prejudice to the application of the relevant provisions of Part II, section 3, may undertake physical inspection of the vessel relating to the violation and may, where the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws, subject to the provisions of section 7. 3.â•‡ Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation of applicable international rules and standards for the prevention, reduction and control of pollution from vessels or laws and regulations of that State conforming and giving effect to such rules and standards, that State may require the vessel to give information

UN CONVENTION ON THE LAW OF THE SEA

111

regarding its identity and port of registry, its last and its next port of call and other relevant information required to establish whether a violation has occurred. 4.â•‡ States shall adopt laws and regulations and take other measures so that vessels flying their flag comply with requests for information pursuant to paragraph 3. 5.â•‡ Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a substantial discharge causing or threatening significant pollution of the marine environment, that State may undertake physical inspection of the vessel for matters relating to the violation if the vessel has refused to give information or if the information supplied by the vessel is manifestly at variance with the evident factual situation and if the circumstances of the case justify such inspection. 6.â•‡ Where there is clear objective evidence that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a discharge causing major damage or threat of major damage to the coastline or related interests of the coastal State, or to any resources of its territorial sea or exclusive economic zone, that State may, subject to section 7, provided that the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws. 7.â•‡ Notwithstanding the provisions of paragraph 6, whenever appropriateÂ€ procedures have been established, either through the competent interÂ� national organization or as otherwise agreed, whereby compliance with requirements for bonding or other appropriate financial security has been assured, the coastal State if bound by such procedures shall allow the vessel to proceed. 8.â•‡ The provisions of paragraphs 3, 4, 5, 6 and 7 also apply in respect of national laws and regulations adopted pursuant to article 211, paragraph 6. Article 221 Measures to avoid pollution arising from maritime casualties 1.â•‡ Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to take and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline or related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences. 2.â•‡ For the purposes of this article, “maritime casualty” means a collision of vessels, stranding or other incident of navigation, or other occurrence on board a vessel or external to it resulting in material damage or imminent threat of material damage to a vessel or cargo.

112

PART I

Article 222 Enforcement with respect to pollution from or through the atmosphere States shall enforce, within the air space under their sovereignty or with regard to vessels flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in accordance with article 212, paragraph 1, and with other provisions of this Convention and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from or through the atmosphere, in conformity with all relevant international rules and standards concerning the safety of air navigation. SECTION 7. SAFEGUARDS Article 223 Measures to facilitate proceedings In proceedings instituted pursuant to this Part, States shall take measures toÂ€facilitate the hearing of witnesses and the admission of evidence submittedÂ€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 such rights and dutiesÂ€ as may be provided under national laws and regulations or international law. Article 224 Exercise of powers of enforcement The powers of enforcement against foreign vessels under this Part may only be exercised by officials or by warships, military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Article 225 Duty to avoid adverse consequences in the exercise of the powers of enforcement In the exercise under this Convention of their powers of enforcement against foreign vessels, States shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the marine environment to an unreasonable risk.

UN CONVENTION ON THE LAW OF THE SEA

113

Article 226 Investigation of foreign vessels 1.â•‡(a)â•‡States shall not delay a foreign vessel longer than is essential for purposes of the investigations provided for in articles 216, 218 and 220. Any physical inspection of a foreign vessel shall be limited to an examination of such certificates, records or other documents as the vessel is required to carry by generally accepted international rules and standards or of any similar documents which it is carrying; further physical inspection of the vessel may be undertaken only after such an examination and only when: â•›â•›â•›â•›(i)â•‡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; â•›â•›(ii)â•‡the contents of such documents are not sufficient to confirm or verify a suspected violation; or (iii)â•‡the vessel is not carrying valid certificates and records. (b)â•‡If the investigation indicates a violation of applicable laws and regulations or international rules and standards for the protection and preservation of the marine environment, release shall be made promptly subject to reasonable procedures such as bonding or other appropriate financial security. (c)â•‡Without prejudice to applicable international rules and standards relating to the seaworthiness of vessels, the release of a vessel may, whenever it would present an unreasonable threat of damage to the marine environment, be refused or made conditional upon proceeding to the nearest appropriate repair yard. Where release has been refused or made conditional, the flag State of the vessel must be promptly notified, and may seek release of the vessel in accordance with Part XV. 2.â•‡ States shall co-operate to develop procedures for the avoidance of unnecessary physical inspection of vessels at sea. Article 227 Non-discrimination with respect to foreign vessels In exercising their rights and performing their duties under this Part, States shall not discriminate in form or in fact against vessels of any other State. Article 228 Suspension and restrictions on institution of proceedings 1.â•‡ Proceedings to impose penalties in respect of any violation of applicable laws and regulations or international rules and standards relating to the prevention, reduction and control of pollution from vessels committed by a foreign vessel beyond the territorial sea of the State instituting proceedings

114

PART I

shall be suspended upon the taking of proceedings to impose penalties in respect of corresponding charges by the flag State within six months of the date on which proceedings were first instituted, unless those proceedingsÂ€relate to a case of major damage to the coastal State or the flag State in question has repeatedly disregarded its obligation to enforce effectively the applicable international rules and standards in respect of violations committed by its vessels. The flag State shall in due course make available to the State previously instituting proceedings a full dossier of the case and the records of the proceedings, whenever the flag State has requested the suspension of proceedings in accordance with this article. When proceedings instituted by the flag State have been brought to a conclusion, the suspended proceedings shall be terminated. Upon payment of costs incurred in respect of such proceedings, any bond posted or other financial security provided in connection with the suspended proceedings shall be released by the coastal State. 2.â•‡ Proceedings to impose penalties on foreign vessels shall not be instituted after the expiry of three years from the date on which the violation was committed, and shall not be taken by any State in the event of proceedings having been instituted by another State subject to the provisions set out in paragraph 1. 3.â•‡ The provisions of this article are without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws irrespective of prior proceedings by another State. Article 229 Institution of civil proceedings Nothing in this Convention affects the institution of civil proceedings in respect of any claim for loss or damage resulting from pollution of the marine environment. Article 230 Monetary penalties and the observance of recognized rights of the accused 1.â•‡ Monetary penalties only may be imposed with respect to violations of national laws and regulations or applicable international rules and standards for the prevention, reduction and control of pollution of the marine environment, committed by foreign vessels beyond the territorial sea. 2.â•‡ Monetary penalties only may be imposed with respect to violations of national laws and regulations or applicable international rules and standards for the prevention, reduction and control of pollution of the marine environment, committed by foreign vessels in the territorial sea, except in the case of a willful and serious act of pollution in the territorial sea. 3.â•‡ In the conduct of proceedings in respect of such violations committed by a foreign vessel which may result in the imposition of penalties, recognized rights of the accused shall be observed.

UN CONVENTION ON THE LAW OF THE SEA

115

Article 231 Notification to the flag State and other States concerned States shall promptly notify the flag State and any other State concerned of any measures taken pursuant to section 6 against foreign vessels, and shall submit to the flag State all official reports concerning such measures. However, with respect to violations committed in the territorial sea, the foregoing obligations of the coastal State apply only to such measures as areÂ€taken in proceedings. The diplomatic agents or consular officers and where possible the maritime authority of the flag State, shall be immediately informed of any such measures taken pursuant to section 6 against foreign vessels. Article 232 Liability of States arising from enforcement measures States shall be liable for damage or loss attributable to them arising from measures taken pursuant to section 6 when such measures are unlawful or exceed those reasonably required in the light of available information. States shall provide for recourse in their courts for actions in respect of such damage or loss. Article 233 Safeguards with respect to straits used for international navigation Nothing in sections 5, 6 and 7 affects the legal régime of straits used for international navigation. However, if a foreign ship other than those referred to in section 10 has committed a violation of the laws and regulations referred to in article 42, paragraph 1(a) and (b), causing or threatening major damage to the marine environment of the straits, the States bordering the straits may take appropriate enforcement measures and if so shall respect mutatis mutandis the provisions of this section. SECTION 8. ICE-COVERED AREAS Article 234 Ice-covered areas Coastal States have the right to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone, where particularly severe climatic conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance. Such laws and regulations shall have due regard to navigation and the protection and preservation of the marine environment based on the best available scientific evidence.

116

PART I

SECTION 9. RESPONSIBILITY AND LIABILITY Article 235 Responsibility and liability 1.â•‡ States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law. 2.â•‡ States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction. 3.â•‡ With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall co-operate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds. SECTION 10. SOVEREIGN IMMUNITY Article 236 Sovereign immunity The provisions of this Convention regarding the protection and preservation of the marine environment do not apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service. However, each State shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Convention. SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Article 237 Obligations under other conventions on the protection and preservation of the marine environment 1.â•‡ The provisions of this Part are without prejudice to the specific obligations assumed by States under special conventions and agreements concluded previously which relate to the protection and preservation of the

UN CONVENTION ON THE LAW OF THE SEA

117

marine environment and to agreements which may be concluded in furtherance of the general principles set forth in this Convention. 2.â•‡ Specific obligations assumed by States under special conventions, with respect to the protection and preservation of the marine environment, should be carried out in a manner consistent with the general principles and objectives of this Convention. PART XIII MARINE SCIENTIFIC RESEARCH SECTION 1. GENERAL PROVISIONS Article 238 Right to conduct marine scientific research All States, irrespective of their geographical location, and competent interÂ�national organizations have the right to conduct marine scientific research subject to the rights and duties of other States as provided for in this Convention. Article 239 Promotion of marine scientific research States and competent international organizations shall promote and facilitate the development and conduct of marine scientific research in accordance with this Convention. Article 240 General principles for the conduct of marine scientific research In the conduct of marine scientific research the following principles shall apply: (a)â•‡marine scientific research shall be conducted exclusively for peaceful purposes; (b)â•‡marine scientific research shall be conducted with appropriateÂ€ scientific methods and means compatible with this ConÂ� vention; (c)â•‡marine scientific research shall not unjustifiably interfere with other legitimate uses of the sea compatible with this Convention and shall be duly respected in the course of such uses; (d)â•‡marine scientific research shall be conducted in compliance with all relevant regulations adopted in conformity with this Convention including those for the protection and preservation of the marine environment.

118

PART I

Article 241 Non-recognition of marine scientific research activities as the legal basis for claims Marine scientific research activities shall not constitute the legal basis for any claim to any part of the marine environment or its resources. SECTION 2. INTERNATIONAL CO-OPERATION Article 242 Promotion of international co-operation 1.â•‡ States and competent international organizations shall, in accordance with the principle of respect for sovereignty and jurisdiction and on the basis of mutual benefit, promote international co-operation in marine scientific research for peaceful purposes. 2.â•‡ In this context, without prejudice to the rights and duties of States under this Convention, a State, in the application of this Part, shall provide, as appropriate, other States with a reasonable opportunity to obtain from it, or with its co-operation, information necessary to prevent and control damage to the health and safety of persons and to the marine environment. Article 243 Creation of favourable conditions States and competent international organizations shall co-operate, through the conclusion of bilateral and multilateral agreements, to create favourable conditions for the conduct of marine scientific research in the marine environment and to integrate the efforts of scientists in studying the essence of phenomena and processes occurring in the marine environment and the interrelations between them. Article 244 Publication and dissemination of information and knowledge 1.â•‡ States and competent international organizations shall, in accordance with this Convention, make available by publication and dissemination through appropriate channels information on proposed major programmes and their objectives as well as knowledge resulting from marine scientific research. 2.â•‡ For this purpose, States, both individually and in co-operation with other States and with competent international organizations, shall actively promote the flow of scientific data and information and the transfer of knowledge resulting from marine scientific research, especially to developing States, as well as the strengthening of the autonomous marine scientific research capabilities of developing States through, inter alia, programmes to

UN CONVENTION ON THE LAW OF THE SEA

119

provide adequate education and training of their technical and scientific personnel. SECTION 3. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH Article 245 Marine scientific research in the territorial sea Coastal States, in the exercise of their sovereignty, have the exclusive right to regulate, 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. Article 246 Marine scientific research in the exclusive economic zone and on the continental shelf 1.â•‡ Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct marine scientific research in their exclusive economic zone and on their continental shelf in accordance with the relevant provisions of this Convention. 2.â•‡ Marine scientific research in the exclusive economic zone and on the continental shelf shall be conducted with the consent of the coastal State. 3.â•‡ Coastal States shall, in normal circumstances, grant their consent for marine scientific research projects by other States or competent international organizations in their exclusive economic zone or on their continental shelf to be carried out in accordance with this Convention exclusively for peaceful purposes and in order to increase scientific knowledge of the marine environment for the benefit of all mankind. To this end, coastal States shall establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. 4.â•‡ For the purposes of applying paragraph 3, normal circumstances may exist in spite of the absence of diplomatic relations between the coastal State and the researching State. 5.â•‡ Coastal States may however in their discretion withhold their consent to the conduct of a marine scientific research project of another State or competent international organization in the exclusive economic zone or on the continental shelf of the coastal State if that project: (a)â•‡is of direct significance for the exploration and exploitation of natural resources, whether living or non-living; (b)â•‡involves drilling into the continental shelf, the use of explosives or the introduction of harmful substances into the marine environment; (c)â•‡involves the construction, operation or use of artificial islands, installations and structures referred to in articles 60 and 80;

120

PART I

(d)â•‡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. 6.â•‡ Notwithstanding the provisions of paragraph 5, coastal States may not exercise their discretion to withhold consent under subparagraph (a) of that paragraph in respect of marine scientific research projects to be undertaken in accordance with the provisions of this Part on the continental shelf, beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, outside those specific areas which coastal States may at any time publicly designate as areas in which exploitation or detailed exploratory operations focused on those areas are occurring or will occur within a reasonable period of time. Coastal States shall give reasonable notice of the designation of such areas, as well as any modifications thereto, but shall not be obliged to give details of the operations therein. 7.â•‡ The provisions of paragraph 6 are without prejudice to the rights of coastal States over the continental shelf as established in article 77. 8.â•‡ Marine scientific research activities referred to in this article shall not unjustifiably interfere with activities undertaken by coastal States in the exercise of their sovereign rights and jurisdiction provided for in this Convention. Article 247 Marine scientific research projects undertaken by or under the auspices of international 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 wants 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 for the undertaking of the project, or is willing to participate in it, and has not expressed any objection within four months of notification of the project by the organization to the coastal State. Article 248 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)â•‡the nature and objectives of the project; (b)â•‡the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment;

UN CONVENTION ON THE LAW OF THE SEA

121

(c)â•‡the precise geographical areas in which the project is to be conducted; (d)â•‡the expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate; (e)â•‡the name of the sponsoring institution, its director, and the person in charge of the project; and (f)â•‡the extent to which it is considered that the coastal State should be able to participate or to be represented in the project. Article 249 Duty to comply with certain conditions 1.â•‡ States and competent international organizations when undertakingÂ€ marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall comply with the following conditions: (a)â•‡ensure the right of the coastal State, if it so desires, to participate or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the scientists of the coastal State and without obligation to contribute towards the costs of the project; (b)â•‡provide the coastal State, at its request, with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research; (c)â•‡undertake to provide access for the coastal State, at its request, to all data and samples derived from the marine scientific research project and likewise to furnish it with data which may be copied and samples which may be divided without detriment to their scientific value; (d)â•‡if requested, provide the coastal State with an assessment of such data, samples and research results or provide assistance in their assessment or interpretation; (e)â•‡ensure, subject to paragraph 2, that the research results are made internationally available through appropriate national or international channels, as soon as practicable; (f)â•‡inform the coastal State immediately of any major change in the research programme; (g)â•‡unless otherwise agreed, remove the scientific research installations or equipment once the research is completed. 2.â•‡ This article is without prejudice to the conditions established by the laws and regulations of the coastal State for the exercise of its discretion to grant or withhold consent pursuant to article 246, paragraph 5, including requiring prior agreement for making internationally available the research results of a project of direct significance for the exploration and exploitation of natural resources.

122

PART I

Article 250 Communications concerning marine scientific research projects Communications concerning the marine scientific research projects shall be made through appropriate official channels, unless otherwise agreed. Article 251 General criteria and guidelines States shall seek to promote through competent international organizations the establishment of general criteria and guidelines to assist States in ascertaining the nature and implications of marine scientific research. Article 252 Implied consent States or competent international 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)â•‡it has withheld its consent under the provisions of article 246; or (b)â•‡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; or (c)â•‡it requires supplementary information relevant to conditions and the information provided for under articles 248 and 249; or (d)â•‡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 article 249. Article 253 Suspension or cessation of marine scientific research activities 1.â•‡ A coastal State shall have the right to require the suspension of any marine scientific research activities in progress within its exclusive economic zone or on its continental shelf if: (a)â•‡the research activities are not being conducted in accordance with the information communicated as provided under article 248 upon which the consent of the coastal State was based; or (b)â•‡the State or competent international organization conducting the research activities fails to comply with the provisions of article

UN CONVENTION ON THE LAW OF THE SEA

123

249 concerning the rights of the coastal State with respect to the marine scientific research project. 2.â•‡ A coastal State shall have the right to require the cessation of any marine scientific research activities in case of any non-compliance with the provisions of article 248 which amounts to a major change in the research project or the research activities. 3.â•‡ A coastal State may also require cessation of marine scientific research activities if any of the situations contemplated in paragraph 1 are not rectified within a reasonable period of time. 4.â•‡ Following notification by the coastal State of its decision to order suspension or cessation, States or competent international organizations authorized to conduct marine scientific research activities shall terminate the research activities that are the subject of such a notification. 5.â•‡ An order of suspension under paragraph 1 shall be lifted by the coastal State and the marine scientific research activities allowed to continue once the researching State or competent international organization has complied with the conditions required under articles 248 and 249. Article 254 Rights of neighbouring land-locked and geographically disadvantaged States 1.â•‡ States and competent international organizations which have submitted to a coastal State a project to undertake marine scientific research referred to in article 246, paragraph 3, shall give notice to the neighbouring landlocked and geographically disadvantaged States of the proposed research project, and shall notify the coastal State thereof. 2.â•‡ After the consent has been given for the proposed marine scientific research project by the coastal State concerned, in accordance with article 246 and other relevant provisions of this Convention, States and competent international organizations undertaking such a project shall provide to the neighbouring landlocked and geographically disadvantaged States, at their request and when appropriate, relevant information as specified in article 248 and article 249, paragraph 1(f). 3.â•‡ The neighbouring land-locked and geographically disadvantaged States referred to above shall, at their request, be given the opportunity to participate, whenever feasible, in the proposed marine scientific research project through qualified experts appointed by them and not objected to by the coastal State, in accordance with the conditions agreed for the project, in conformity with the provisions of this Convention, between the coastal State concerned and the State or competent international organizations conducting the marine scientific research. 4.â•‡ States and competent international organizations referred to in paragraph 1 shall provide to the above-mentioned land-locked and geographically disadvantaged States, at their request, the information and assistance

124

PART I

specified in article 249, paragraph 1(d), subject to the provisions of article 249, paragraph 2. Article 255 Measures to facilitate marine scientific research and assist research vessels States shall endeavour to adopt reasonable rules, regulations and procedures to promote and facilitate marine scientific research conducted in accordance with this Convention beyond their territorial sea and, as appropriate, to facilitate, subject to the provisions of their laws and regulations, access to their harbours and promote assistance for marine scientific research vessels which comply with the relevant provisions of this Part. Article 256 Marine scientific research in the Area All States, irrespective of their geographical location, and competent international organizations have the right, in conformity with the provisions of Part XI, to conduct marine scientific research in the Area. Article 257 Marine scientific research in the water column beyond the exclusive economic zone All States, irrespective of their geographical location, and competent international 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. SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS OR EQUIPMENT IN THE MARINE ENVIRONMENT Article 258 Deployment and use The deployment and use of any type of scientific research installations or equipment in any area of the marine environment shall be subject to the same conditions as are prescribed in this Convention for the conduct of marine scientific research in any such area. Article 259 Legal status The installations or equipment referred to in this section do not possess the status of islands. They have no territorial sea of their own, and their

UN CONVENTION ON THE LAW OF THE SEA

125

presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf. Article 260 Safety zones Safety zones of a reasonable breadth not exceeding a distance of 500 metres may be created around scientific research installations in accordance with the relevant provisions of this Convention. All States shall ensure that such safety zones are respected by their vessels. Article 261 Non-interference with shipping routes The deployment and use of any type of scientific research installations or equipment shall not constitute an obstacle to established international shipping routes. Article 262 Identification markings and warning signals Installations or equipment referred to in this section shall bear identification markings indicating the State of registry or the international 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. SECTION 5. RESPONSIBILITY AND LIABILITY Article 263 Responsibility and liability 1.â•‡ States and competent international organizations shall be responsible for ensuring that marine scientific research, whether undertaken by them or on their behalf, is conducted in accordance with this Convention. 2.â•‡ States and competent international organizations shall be responsible and liable for the measures they take in contravention of this Convention in respect of marine scientific research conducted by other States, their natural or juridical persons or by competent international organizations, and shall provide compensation for damage resulting from such measures. 3.â•‡ States and competent international organizations shall be responsible and liable pursuant to article 235 for damage caused by pollution of the marine environment arising out of marine scientific research undertaken by them or on their behalf.

126

PART I

SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM MEASURES Article 264 Settlement of disputes Disputes concerning the interpretation or application of the provisions of this Convention with regard to marine scientific research shall be settled in accordance with Part XV, sections 2 and 3. Article 265 Interim measures Pending settlement of a dispute in accordance with Part XV, sections 2 and 3, the State or competent international 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 SECTION 1. GENERAL PROVISIONS Article 266 Promotion of the development and transfer of marine technology 1.â•‡ States, directly or through competent international organizations, shall co-operate in accordance with their capabilities to promote actively the development and transfer of marine science and marine technology on fair and reasonable terms and conditions. 2.â•‡ States shall promote the development of the marine scientific and technological capacity of States which may need and request technical assistance in this field, particularly developing States, including land-locked and geographically disadvantaged States, with regard to the exploration, exploitation, conservation and management of marine resources, the protection and preservation of the marine environment, marine scientific research and other activities in the marine environment compatible with this Convention, with a view to accelerating the social and economic development of the developing States. 3.â•‡ States shall endeavour to foster favourable economic and legal conditions for the transfer of marine technology for the benefit of all parties concerned on an equitable basis.

UN CONVENTION ON THE LAW OF THE SEA

127

Article 267 Protection of legitimate interests States, in promoting co-operation pursuant to article 266, shall have due regard for all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of marine technology. Article 268 Basic objectives States, directly or through competent international organizations, shall promote: (a)â•‡the acquisition, evaluation and dissemination of marine technological knowledge and facilitate access to such information and data; (b)â•‡the development of appropriate marine technology; (c)â•‡the development of the necessary technological infrastructure to facilitate the transfer of marine technology; (d)â•‡the development of human resources through training and education of nationals of developing States and countries and especially the nationals of the least developed among them; (e)â•‡international co-operation at all levels, particularly at the regional, subregional and bilateral levels. Article 269 Measures to achieve the basic objectives In order to achieve the objectives referred to in article 268, States, directly or through competent international organizations, shall endeavour, inter alia, to: (a)â•‡establish programmes of technical co-operation for the effective transfer of all kinds of marine technology to States which may need and request technical assistance in this field, particularly the developing land-locked and geographically disadvantaged States, as well as other developing States which have not been able either to establish or develop their own technological capacity in marine science and in the exploration and exploitation of marine resources or to develop the infrastructure of such technology; (b)â•‡promote favourable conditions for the conclusion of agreements, contracts and other similar arrangements, under equitable and reasonable conditions; (c)â•‡hold conferences, seminars and symposia on scientific and technological subjects, in particular on policies and methods for the transfer of marine technology; (d)â•‡promote the exchange of scientists and of technological and other experts;

128

PART I

(e)â•‡undertake projects and promote joint ventures and other forms of bilateral and multilateral co-operation. SECTION 2. INTERNATIONAL CO-OPERATION Article 270 Ways and means of international co-operation International co-operation for the development and transfer of marine technology shall be carried out, where feasible and appropriate, through existing bilateral, regional or multilateral programmes, and also through expanded and new programmes in order to facilitate marine scientific research, the transfer of marine technology, particularly in new fields, and appropriate international funding for ocean research and development. Article 271 Guidelines, criteria and standards States, directly or through competent international organizations, shall promote the establishment of generally accepted guidelines, criteria and standards for the transfer of marine technology on a bilateral basis or within the framework of international organizations and other fora, taking into account, in particular, the interests and needs of developing States. Article 272 Co-ordination of international programmes In the field of transfer of marine technology, States shall endeavour to ensure that competent international organizations co-ordinate 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. Article 273 Co-operation with international organizations and the Authority States shall co-operate 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. Article 274 Objectives of the Authority Subject to all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology, the Authority, with regard to activities in the Area, shall ensure that:

UN CONVENTION ON THE LAW OF THE SEA

129

(a)â•‡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)â•‡the technical documentation on the relevant equipment, machinery, devices and processes is made available to all States, in particular developing States which may need and request technical assistance in this field; (c)â•‡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)â•‡States which may need and request technical assistance in this field, in particular developing States, are assisted in the acquisition of necessary equipment, processes, plant and other technical know-how through any financial arrangements provided for in this Convention. SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES Article 275 Establishment of national centres 1.â•‡ States, directly or through competent international organizations and the Authority, shall promote the establishment, particularly in developing coastal States, of national marine scientific and technological research centres and the strengthening of existing national centres, in order to stimulate and advance the conduct of marine scientific research by developing coastal States and to enhance their national capabilities to utilize and preserve their marine resources for their economic benefit. 2.â•‡ States, through competent international organizations and the Authority, shall give adequate support to facilitate the establishment and strengthening of such national centres so as to provide for advanced training facilities and necessary equipment, skills and know-how as well as technical experts to such States which may need and request such assistance. Article 276 Establishment of regional centres 1.â•‡ States, in co-ordination with the competent international organizations, the Authority and national marine scientific and technological research

130

PART I

institutions, shall promote the establishment of regional marine scientific and technological research centres, particularly in developing States, in order to stimulate and advance the conduct of marine scientific research by developing States and foster the transfer of marine technology. 2.â•‡ All States of a region shall co-operate with the regional centres therein to ensure the more effective achievement of their objectives. Article 277 Functions of regional centres The functions of such regional centres shall include, inter alia: (a)â•‡training and educational programmes at all levels on various aspects of marine scientific and technological research, particularly marine biology, including conservation and management of living resources, oceanography, hydrography, engineering, geological exploration of the seabed, mining and desalination technologies; (b)â•‡management studies; (c)â•‡study programmes related to the protection and preservation of the marine environment and the prevention, reduction and control of pollution; (d)â•‡organization of regional conferences, seminars and symposia; (e)â•‡acquisition and processing of marine scientific and technological data and information; (f)â•‡prompt dissemination of results of marine scientific and technological research in readily available publications; (g)â•‡publicizing national policies with regard to the transfer of marine technology and systematic comparative study of those policies; (h)â•‡compilation and systematization of information on the marketing of technology and on contracts and other arrangements concerning patents; (i)â•‡technical co-operation with other States of the region. SECTION 4. CO-OPERATION AMONG INTERNATIONAL ORGANIZATIONS Article 278 Co-operation among international organizations The competent international organizations referred to in this Part and in Part XIII shall take all appropriate measures to ensure, either directly or in close cooperation among themselves, the effective discharge of their functions and responsibilities under this Part.

UN CONVENTION ON THE LAW OF THE SEA

131

PART XV SETTLEMENT OF DISPUTES SECTION 1. GENERAL PROVISIONS Article 279 Obligation to settle disputes by peaceful means States Parties shall settle any dispute between them concerning the interpretation or application of this Convention by peaceful means in accordance with Article 2, paragraph 3, of the Charter of the United Nations and, to this end, shall seek a solution by the means indicated in Article 33, paragraph 1, of the Charter. Article 280 Settlement of disputes by any peaceful means chosen by the parties Nothing in this Part impairs the right of any States Parties to agree at any time to settle a dispute between them concerning the interpretation or application of this Convention by any peaceful means of their own choice. Article 281 Procedure where no settlement has been reached by the parties 1.â•‡ If the States Parties which are parties to a dispute concerning the interpretation or application of this Convention have agreed to seek settlement of the dispute by a peaceful means of their own choice, the procedures provided for in this Part apply only where no settlement has been reached by recourse to such means and the agreement between the parties does not exclude any further procedure. 2.â•‡ If the parties have also agreed on a time-limit, paragraph 1 applies only upon the expiration of that time-limit. Article 282 Obligations under general, regional or bilateral agreements If the States Parties which are parties to a dispute concerning the interpretation or application of this Convention have agreed, through a general, regional or bilateral agreement or otherwise, that such dispute shall, at the request of any party to the dispute, be submitted to a procedure that entails a binding decision, that procedure shall apply in lieu of the procedures provided for in this Part, unless the parties to the dispute otherwise agree.

132

PART I

Article 283 Obligation to exchange views 1.â•‡ When a dispute arises between States Parties concerning the interpretation or application of this Convention, the parties to the dispute shall proceed expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means. 2.â•‡ The parties shall also proceed expeditiously to an exchange of viewsÂ€where a procedure for the settlement of such a dispute has been terminated without a settlement or where a settlement has been reached and the circumstances require consultation regarding the manner of implementing the settlement. Article 284 Conciliation 1.â•‡ A State Party which is a party to a dispute concerning the interpretation or application of this Convention may invite the other party or parties to submit the dispute to conciliation in accordance with the procedure under Annex V, section 1, or another conciliation procedure. 2.â•‡ If the invitation is accepted and if the parties agree upon the conciliation procedure to be applied, any party may submit the dispute to that procedure. 3.â•‡ If the invitation is not accepted or the parties do not agree upon the procedure, the conciliation proceedings shall be deemed to be terminated. 4.â•‡ Unless the parties otherwise agree, when a dispute has been submitted to conciliation, the proceedings may be terminated only in accordance with the agreed conciliation procedure. Article 285 Application of this section to disputes submitted pursuant to Part XI This section applies to any dispute which pursuant to Part XI, section 5, is to be settled in accordance with procedures provided for in this Part. If an entity other than a State Party is a party to such a dispute, this section applies mutatis mutandis. SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS Article 286 Application of procedures under this section Subject to section 3, any dispute concerning the interpretation or application of this Convention shall, where no settlement has been reached by recourse to section 1, be submitted at the request of any party to the dispute to the court or tribunal having jurisdiction under this section.

UN CONVENTION ON THE LAW OF THE SEA

133

Article 287 Choice of procedure 1.â•‡ When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes concerning the interpretation or application of this Convention: (a)â•‡the International Tribunal for the Law of the Sea established in accordance with Annex VI; (b)â•‡the International Court of Justice; (c)â•‡an arbitral tribunal constituted in accordance with Annex VII; (d)â•‡a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories of disputes specified therein. 2.â•‡ A declaration made under paragraph 1 shall not affect or be affected by the obligation of a State Party to accept the jurisdiction of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea to the extent and in the manner provided for in Part XI, section 5. 3.â•‡ A State Party, which is a party to a dispute not covered by a declaration in force, shall be deemed to have accepted arbitration in accordance with Annex VII. 4.â•‡ If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted only to that procedure, unless the parties otherwise agree. 5.â•‡ If the parties to a dispute have not accepted the same procedure for the settlement of the dispute, it may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree. 6.â•‡ A declaration made under paragraph 1 shall remain in force until three months after notice of revocation has been deposited with the Secretary-General of the United Nations. 7.â•‡ A new declaration, a notice of revocation or the expiry of a declaration does not in any way affect proceedings pending before a court or tribunal having jurisdiction under this article, unless the parties otherwise agree. 8.â•‡ Declarations and notices referred to in this article shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties. Article 288 Jurisdiction 1.â•‡ A court or tribunal referred to in article 287 shall have jurisdiction over any dispute concerning the interpretation or application of this Convention which is submitted to it in accordance with this Part. 2.â•‡ A court or tribunal referred to in article 287 shall also have jurisdiction over any dispute concerning the interpretation or application of an international agreement related to the purposes of this Convention, which is submitted to it in accordance with the agreement.

134

PART I

3.â•‡ The Seabed Disputes Chamber of the International Tribunal for the Law of the Sea established in accordance with Annex VI, and any other chamber or arbitral tribunal referred to in Part XI, section 5, shall have jurisdiction in any matter which is submitted to it in accordance therewith. 4.â•‡ In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal. Article 289 Experts In any dispute involving scientific or technical matters, a court or tribunal exercising jurisdiction under this section may, at the request of a party or proprio motu, select in consultation with the parties no fewer than two scientific or technical experts chosen preferably from the relevant list prepared in accordance with Annex VIII, article 2, to sit with the court or tribunal but without the right to vote. Article 290 Provisional measures 1.â•‡ If a dispute has been duly submitted to a court or tribunal which considers that prima facie it has jurisdiction under this Part or Part XI, section 5, the court or tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending the final decision. 2.â•‡ Provisional measures may be modified or revoked as soon as the circumstances justifying them have changed or ceased to exist. 3.â•‡ Provisional measures may be prescribed, modified or revoked under this article only at the request of a party to the dispute and after the parties have been given an opportunity to be heard. 4.â•‡ The court or tribunal shall forthwith give notice to the parties to the dispute, and to such other States Parties as it considers appropriate, of the prescription, modification or revocation of provisional measures. 5.â•‡ Pending the constitution of an arbitral tribunal to which a dispute is being submitted under this section, any court or tribunal agreed upon by the parties or, failing such agreement within two weeks from the date of the request for provisional measures, the International Tribunal for the Law of the Sea or, with respect to activities in the Area, the Seabed Disputes Chamber, may prescribe, modify or revoke provisional measures in accordance with this article if it considers that prima facie the tribunal which is to be constituted would have jurisdiction and that the urgency of the situation so requires. Once constituted, the tribunal to which the dispute has been submitted may modify, revoke or affirm those provisional measures, acting in conformity with paragraphs 1 to 4.

UN CONVENTION ON THE LAW OF THE SEA

135

6.â•‡ The parties to the dispute shall comply promptly with any provisional measures prescribed under this article. Article 291 Access 1.â•‡ All the dispute settlement procedures specified in this Part shall be open to States Parties. 2.â•‡ The dispute settlement procedures specified in this Part shall be open to entities other than States Parties only as specifically provided for in this Convention. Article 292 Prompt release of vessels and crews 1.â•‡ Where the authorities of a State Party have detained a vessel flying the flag of another State Party and it is alleged that the detaining State has notÂ€complied with the provisions of this Convention for the prompt release ofÂ€the vessel or its crew upon the posting of a reasonable bond or other financial security, the question of release from detention may be submitted to any court or tribunal agreed upon by the parties or, failing such agreement within 10 days from the time of detention, to a court or tribunal accepted by the detaining State under article 287 or to the International Tribunal for the Law of the Sea, unless the parties otherwise agree. 2.â•‡ The application for release may be made only by or on behalf of the flag State of the vessel. 3.â•‡ The court or tribunal shall deal without delay with the application for release and shall deal only with the question of release, without prejudice to the merits of any case before the appropriate domestic forum against the vessel, its owner or its crew. The authorities of the detaining State remain competent to release the vessel or its crew at any time. 4.â•‡ Upon the posting of the bond or other financial security determined by the court or tribunal, the authorities of the detaining State shall comply promptly with the decision of the court or tribunal concerning the release of the vessel or its crew. Article 293 Applicable law 1.â•‡ A court or tribunal having jurisdiction under this section shall apply this Convention and other rules of international law not incompatible with this Convention. 2.â•‡ Paragraph l does not prejudice the power of the court or tribunal having jurisdiction under this section to decide a case ex aequo et bono, if the parties so agree.

136

PART I

Article 294 Preliminary proceedings 1.â•‡ A court or tribunal provided for in article 287 to which an application is made in respect of a dispute referred to in article 297 shall determine at the request of a party, or may determine proprio motu, whether the claim constitutes an abuse of legal process or whether prima facie it is well founded. If the court or tribunal determines that the claim constitutes an abuse of legal process or is prima facie unfounded, it shall take no further action in the case. 2.â•‡ Upon receipt of the application, the court or tribunal shall immediately notify the other party or parties of the application, and shall fix a reasonable time-limit within which they may request it to make a determination in accordance with paragraph 1. 3.â•‡ Nothing in this article affects the right of any party to a dispute to make preliminary objections in accordance with the applicable rules of procedure. Article 295 Exhaustion of local remedies Any dispute between States Parties concerning the interpretation or application of this Convention may be submitted to the procedures provided for in this section only after local remedies have been exhausted where this is required by international law. Article 296 Finality and binding force of decisions 1.â•‡ Any decision rendered by a court or tribunal having jurisdiction under this section shall be final and shall be complied with by all the parties to the dispute. 2.â•‡ Any such decision shall have no binding force except between the parties and in respect of that particular dispute. SECTION 3. LIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF SECTION 2 Article 297 Limitations on applicability of section 2 1.â•‡ Disputes concerning the interpretation or application of this Convention with regard to the exercise by a coastal State of its sovereign rights or jurisdiction provided for in this Convention shall be subject to the procedures provided for in section 2 in the following cases: (a)â•‡when it is alleged that a coastal State has acted in contravention of the provisions of this Convention in regard to the freedoms and rights of navigation, overflight or the laying of submarine cables

UN CONVENTION ON THE LAW OF THE SEA

137

and pipelines, or in regard to other internationally lawful uses of the sea specified in article 58; (b)â•‡when it is alleged that a State in exercising the aforementioned freedoms, rights or uses has acted in contravention of this Convention or of laws or regulations adopted by the coastal State in conformity with this Convention and other rules of international law not incompatible with this Convention; or (c)â•‡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 diplomatic conference in accordance with this Convention. 2.â•‡(a)â•‡Disputes concerning the interpretation or application of the provisions of this Convention with regard to marine scientific research shall be settled in accordance with section 2, except that the coastal State shall not be obliged to accept the submission to such settlement of any dispute arising out of: â•…â•‡â•›â•›â•›(i)â•‡the exercise by the coastal State of a right or discretion in accordance with article 246; or â•…â•‡â•›(ii)â•‡a decision by the coastal State to order suspension or cessation of a research project in accordance with article 253. (b)â•‡A dispute arising from an allegation by the researching State that with respect to a specific project the coastal State is not exercising its rights under articles 246 and 253 in a manner compatible with this Convention shall be submitted, at the request of either party, to conciliation under Annex V, section 2, provided that the conciliation commission shall not call in question the exercise by the coastal State of its discretion to designate specificÂ€ areas as referred to in article 246, paragraph 6, or of its discretion to withhold consent in accordance with article 246, paragraph 5. 3.â•‡ (a)â•‡Disputes concerning the interpretation or application of the provisions of this Convention with regard to fisheries shall be settled in accordance with section 2, except that the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations. (b)â•‡Where no settlement has been reached by recourse to section 1 of this Part, a dispute shall be submitted to conciliation under Annex V, section 2, at the request of any party to the dispute, when it is alleged that: â•…â•‡â•‡â•›â•›(i)â•‡a coastal State has manifestly failed to comply with its obligations to ensure through proper conservation and

138

PART I

Â� management measures that the maintenance of the living resources in the exclusive economic zone is not seriously endangered; â•…â•‡â•›â•›â•›(ii)â•‡a coastal State has arbitrarily refused to determine, at the request of another State, the allowable catch and its capacity to harvest living resources with respect to stocks which that other State is interested in fishing; or â•…â•‡â•›(iii)â•‡a coastal State has arbitrarily refused to allocate to any State, under articles 62, 69 and 70 and under the terms and conditions established by the coastal State consistent with this Convention, the whole or part of the surplus it has declared to exist. (c)â•‡In no case shall the conciliation commission substitute its discretion for that of the coastal State. (d)â•‡The report of the conciliation commission shall be communicated to the appropriate international organizations. (e)â•‡In negotiating agreements pursuant to articles 69 and 70, States Parties, unless they otherwise agree, shall include a clause on measures which they shall take in order to minimize the possibility of a disagreement concerning the interpretation or application of the agreement, and on how they should proceed if a disagreement nevertheless arises. Article 298 Optional exceptions to applicability of section 2 1.â•‡ When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following categories of disputes: (a)â•‡(i)â•‡disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises subsequent to the entry into force of this Convention and where no agreement within a reasonable period of time is reached in negotiations between the parties, at the request of any party to the dispute, accept submission of the matterto conciliation under Annex V, section 2; and provided further that any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission; â•…â•‡â•›(ii)â•‡after the conciliation commission has presented its report, which shall state the reasons on which it is based, the parties

UN CONVENTION ON THE LAW OF THE SEA

139

shall negotiate an agreement on the basis of that report; if these negotiations do not result in an agreement, the parties shall, by mutual consent, submit the question to one of the procedures provided for in section 2, unless the parties otherwise agree; â•… (iii)â•‡this subparagraph does not apply to any sea boundary disputeÂ€ finally settled by an arrangement between the parties, or to any such dispute which is to be settled in accordance with a bilateral or multilateral agreement binding upon those parties; (b)â•‡disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3; (c)â•‡disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention. 2.â•‡ A State Party which has made a declaration under paragraph 1 may at any time withdraw it, or agree to submit a dispute excluded by such declaration to any procedure specified in this Convention. 3.â•‡ A State Party which has made a declaration under paragraph 1 shall not be entitled to submit any dispute falling within the excepted category of disputes to any procedure in this Convention as against another State Party, without the consent of that party. 4.â•‡ If one of the States Parties has made a declaration under paragraphÂ€1(a), any other State Party may submit any dispute falling within an excepted category against the declarant party to the procedure specified in such declaration. 5.â•‡ A new declaration, or the withdrawal of a declaration, does not in any way affect proceedings pending before a court or tribunal in accordance with this article, unless the parties otherwise agree. 6.â•‡ Declarations and notices of withdrawal of declarations under this article shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties. Article 299 Right of the parties to agree upon a procedure 1.â•‡ A dispute excluded under article 297 or excepted by a declaration made under article 298 from the dispute settlement procedures provided for in section 2 may be submitted to such procedures only by agreement of the parties to the dispute.

140

PART I

2.â•‡ Nothing in this section impairs the right of the parties to the dispute to agree to some other procedure for the settlement of such dispute or to reach an amicable settlement. PART XVI GENERAL PROVISIONS Article 300 Good faith and abuse of rights States Parties shall fulfil in good faith the obligations assumed under this Convention and shall exercise the rights, jurisdiction and freedoms recognized in this Convention in a manner which would not constitute an abuse of right. Article 301 Peaceful uses of the seas In exercising their rights and performing their duties 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. Article 302 Disclosure of information Without prejudice to the right of a State Party to resort to the procedures for the settlement of disputes provided for in this Convention, nothing in this Convention shall be deemed to require a State Party, in the fulfilment of its obligations under this Convention, to supply information the disclosure of which is contrary to the essential interests of its security. Article 303 Archaeological and historical objects found at sea 1.â•‡ States have the duty to protect objects of an archaeological and historical nature found at sea and shall co-operate for this purpose. 2.â•‡ In order to control traffic in such objects, the coastal State may, in applying article 33, presume that their removal from the seabed in the zone referred to in that article without its approval would result in an infringement within its territory or territorial sea of the laws and regulations referred to in that article.

UN CONVENTION ON THE LAW OF THE SEA

141

3.â•‡ Nothing in this article affects the rights of identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges. 4.â•‡ This article is without prejudice to other international agreements and rules of international law regarding the protection of objects of an archaeological and historical nature. Article 304 Responsibility and liability for damage The provisions of this Convention regarding responsibility and liability for damage are without prejudice to the application of existing rules and the development of further rules regarding responsibility and liability under international law. PART XVII FINAL PROVISIONS Article 305 Signature 1.â•‡ This Convention shall be open for signature by: (a)â•‡all States; (b)â•‡Namibia, represented by the United Nations Council for Namibia; (c)â•‡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)â•‡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)â•‡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)â•‡international organizations, in accordance with Annex IX. 2.â•‡ This Convention shall remain open for signature until 9 December 1984 at the Ministry of Foreign Affairs of Jamaica and also, from 1 July 1983 until 9 December 1984, at United Nations Headquarters in New York.

142

PART I

Article 306 Ratification and formal confirmation This Convention is subject to ratification by States and the other entities referred to in article 305, paragraph l (b), (c), (d) and (e), and to formal confirmation, in accordance with Annex IX, by the entities referred to in articleÂ€ 305, paragraph l (f). The instruments of ratification and of formal confirmation shall be deposited with the Secretary-General of the United Nations. Article 307 Accession This Convention shall remain open for accession by States and the other entities referred to in article 305. Accession by the entities referred to in article 305, paragraph l (f), shall be in accordance with Annex IX. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 308 Entry into force 1.â•‡ This Convention shall enter into force 12 months after the date of deposit of the sixtieth instrument of ratification or accession. 2.â•‡ For each State ratifying or acceding to this Convention after the deposit of the sixtieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession, subject to paragraph 1. 3.â•‡ The Assembly of the Authority shall meet on the date of entry into force of this Convention and shall elect the Council of the Authority. The first Council shall be constituted in a manner consistent with the purpose of article 161 if the provisions of that article cannot be strictly applied. 4.â•‡ The rules, regulations and procedures drafted by the Preparatory Commission shall apply provisionally pending their formal adoption by the Authority in accordance with Part XI. 5.â•‡ The Authority and its organs shall act in accordance with resolution II of the Third United Nations Conference on the Law of the Sea relating to preparatory investment and with decisions of the Preparatory Commission taken pursuant to that resolution. Article 309 Reservations and exceptions No reservations or exceptions may be made to this Convention unless expressly permitted by other articles of this Convention.

UN CONVENTION ON THE LAW OF THE SEA

143

Article 310 Declarations and statements Article 309 does not preclude a State, when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State. Article 311 Relation to other conventions and international agreements 1.â•‡ This Convention shall prevail, as between States Parties, over the Geneva Conventions on the Law of the Sea of 29 April 1958. 2.â•‡ This Convention shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 3.â•‡ Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Convention, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Convention, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 4.â•‡ States Parties intending to conclude an agreement referred to in paragraph 3 shall notify the other States Parties through the depositary of this Convention of their intention to conclude the agreement and of the modification or suspension for which it provides. 5.â•‡ This article does not affect international agreements expressly permitted or preserved by other articles of this Convention. 6.â•‡ States Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof. Article 312 Amendment 1.â•‡ After the expiry of a period of 10 years from the date of entry into force of this Convention, a State Party may, by written communication addressed to the Secretary-General of the United Nations, propose specificÂ€amendments to this Convention, other than those relating to activities

144

PART I

inÂ€ the Area, and request the convening of a conference to consider such proposed amendments. 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. 2.â•‡ The decision-making procedure applicable at the amendment conference shall be the same as that applicable at the Third United Nations Conference on the Law of the Sea unless otherwise decided by 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. Article 313 Amendment by simplified procedure 1.â•‡ A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose an amendment to this Convention, other than an amendment relating to activities in the Area, to be adopted by the simplified procedure set forth in this article without convening a conference. The Secretary-General shall circulate the communication to all States Parties. 2.â•‡ If, within a period of 12 months from the date of the circulation of the communication, a State Party objects to the proposed amendment or to the proposal for its adoption by the simplified procedure, the amendment shall be considered rejected. The Secretary-General shall immediately notify all States Parties accordingly. 3.â•‡ If, 12 months from the date of the circulation of the communication, no State Party has objected to the proposed amendment or to the proposal for its adoption by the simplified procedure, the proposed amendment shall be considered adopted. The Secretary-General shall notify all States Parties that the proposed amendment has been adopted. Article 314 Amendments to the provisions of this Convention relating exclusively to activities in the Area 1.â•‡ A State Party may, by written communication addressed to the Secretary-General of the Authority, propose an amendment to the provisions of this Convention relating exclusively to activities in the Area, including Annex VI, section 4. 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.

UN CONVENTION ON THE LAW OF THE SEA

145

AGREEMENT, ANNEX, SECTION 4 SECTION 4, REVIEW CONFERENCE … 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. 2.â•‡ Before approving any amendment under paragraph 1, the Council and the Assembly shall ensure that it does not prejudice the system of exploration for and exploitation of the resources of the Area, pending the Review Conference in accordance with article 155. Article 315 Signature, ratification of, accession to and authentic texts of amendments 1.â•‡ Once adopted, amendments to this Convention shall be open for signature by States Parties for 12 months from the date of adoption, at United Nations Headquarters in New York, unless otherwise provided in the amendment itself. 2.â•‡ Articles 306, 307 and 320 apply to all amendments to this Convention. Article 316 Entry into force of amendments 1.â•‡ Amendments to this Convention, other than those referred to in paragraph 5, shall enter into force for the States Parties ratifying or acceding to them on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties or by 60 States Parties, whichever is greater. Such amendments shall not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 2.â•‡ An amendment may provide that a larger number of ratifications or accessions shall be required for its entry into force than are required by this article. 3.â•‡ For each State Party ratifying or acceding to an amendment referred to in paragraph 1 after the deposit of the required number of instruments of ratification or accession, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.

146

PART I

4.â•‡ A State which becomes a Party to this Convention after the entry into force of an amendment in accordance with paragraph 1 shall, failing an expression of a different intention by that State: (a)â•‡be considered as a Party to this Convention as so amended; and (b)â•‡be considered as a Party to the unamended Convention in relation to any State Party not bound by the amendment. 5.â•‡ Any amendment relating exclusively to activities in the Area and any amendment to Annex VI shall enter into force for all States Parties one year following the deposit of instruments of ratification or accession by three fourths of the States Parties. 6.â•‡ A State which becomes a Party to this Convention after the entry into force of amendments in accordance with paragraph 5 shall be considered as a Party to this Convention as so amended. Article 317 Denunciation 1.â•‡ A State Party may, by written notification addressed to the SecretaryGeneral of the United Nations, denounce this Convention and may indicate its reasons. 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. 2.â•‡ A State shall not be discharged by reason of the denunciation from the financial and contractual obligations which accrued while it was a Party to this Convention, nor shall the denunciation affect any right, obligation or legal situation of that State created through the execution of this Convention prior to its termination for that State. 3.â•‡ The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention. Article 318 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. Article 319 Depositary 1.â•‡ The Secretary-General of the United Nations shall be the depositary of this Convention and amendments thereto. 2.â•‡ In addition to his functions as depositary, the Secretary-General shall: (a)â•‡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;

UN CONVENTION ON THE LAW OF THE SEA

147

(b)â•‡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)â•‡notify States Parties of agreements in accordance with article 311, paragraph 4; (d)â•‡circulate amendments adopted in accordance with this Convention to States Parties for ratification or accession; (e)â•‡convene necessary meetings of States Parties in accordance with this Convention. 3.â•‡ (a)â•‡The Secretary-General shall also transmit to the observers referred to in article 156: â•…â•…â•›â•›â•›â•›(i)â•‡reports referred to in paragraph 2(a); â•…â•…â•›â•›(ii)â•‡notifications referred to in paragraph 2(b) and (c); and â•…â•… (iii)â•‡texts of amendments referred to in paragraph 2(d), for their information. (b)â•‡The Secretary-General shall also invite those observers to participate as observers at meetings of States Parties referred to in paragraph 2(e). Article 320 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.

148

PART I

ANNEX I. HIGHLY MIGRATORY SPECIES 1. Albacore tuna: Thunnus alalunga. 2. Bluefin tuna: Thunnus thynnus. 3. Bigeye tuna: Thunnus obesus. 4. Skipjack tuna: Katsuwonus pelamis. 5. Yellowfin tuna: Thunnus albacares. 6. Blackfin tuna: Thunnus atlanticus. 7. Little tuna: Euthynnus alletteratus; Euthynnus affinis. 8. Southern bluefin tuna: Thunnus maccoyii. 9. Frigate mackerel: Auxis thazard; Auxis rochei. 10. Pomfrets: Family Bramidae. 11. Marlins: Tetrapturus angustirostris; Tetrapturus belone; Tetrapturus pfluegeri; Tetrapturus albidus; Tetrapturus audax; Tetrapturus georgei; Makaira mazara; Makaira indica; Makaira nigricans. 12. Sail-fishes: Istiophorus platypterus; Istiophorus albicans. 13. Swordfish: Xiphias gladius. 14. Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetus; Scomberesox saurus scombroides. 15. Dolphin: Coryphaena hippurus; Coryphaena equiselis. 16. Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family Alopiidae; Rhincodon typus; Family Carcharhinidae; Family Sphyrnidae; Family Isurida. 17.â•‡Cetaceans: Family Physeteridae; Family Balaenopteridae; Family Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family Ziphiidae; Family Delphinidae. ANNEX II. COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF Article 1 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. Article 2 1.â•‡ The Commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by States Parties to this Convention from among their nationals, having due regard to the need to ensure equitable geographical representation, who shall serve in their personal capacities. 2.â•‡ The initial election shall be held as soon as possible but in any case within 18 months after the date of entry into force of this Convention. 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

UN CONVENTION ON THE LAW OF THE SEA

149

theÂ€ 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. 3.â•‡ Elections of the members of the Commission shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. 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. 4.â•‡ The members of the Commission shall be elected for a term of five years. They shall be eligible for re-election. 5.â•‡ The State Party which submitted the nomination of a member of the Commission shall defray the expenses of that member while in performance of Commission duties. 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 SecretaryGeneral of the United Nations. Article 3 1.â•‡ The functions of the Commission shall be: (a)â•‡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)â•‡to provide scientific and technical advice, if requested by the coastal State concerned during the preparation of the data referred to in subparagraph (a). 2.â•‡ The Commission may co-operate, to the extent considered necessary and useful, with the Intergovernmental Oceanographic Commission of UNESCO, the International Hydrographic Organization and other competent international organizations with a view to exchanging scientific and technical information which might be of assistance in discharging the Commission’s responsibilities. Article 4 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.

150

PART I

Article 5 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. The coastal State which has made a submission to the Commission may send its representatives to participate in the relevant proceedings without the right to vote. Article 6 1.â•‡ The sub-commission shall submit its recommendations to the Commission. 2.â•‡ Approval by the Commission of the recommendations of the sub-commission shall be by a majority of two thirds of Commission members present and voting. 3.â•‡ The recommendations of the Commission shall be submitted in writing to the coastal State which made the submission and to the SecretaryGeneral of the United Nations. Article 7 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. Article 8 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. Article 9 The actions of the Commission shall not prejudice matters relating to delimitation of boundaries between States with opposite or adjacent coasts. ANNEX III. BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION Article 1 Title to minerals Title to minerals shall pass upon recovery in accordance with this Convention.

UN CONVENTION ON THE LAW OF THE SEA

151

Article 2 Prospecting 1.â•‡ (a)â•‡The Authority shall encourage prospecting in the Area. (b)â•‡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, at the same time, notify the Authority of the approximate area or areas in which prospecting is to be conducted. (c)â•‡Prospecting may be conducted simultaneously by more than one prospector in the same area or areas. 2.â•‡ Prospecting shall not confer on the prospector any rights with respect to resources. A prospector may, however, recover a reasonable quantity of minerals to be used for testing. Article 3 Exploration and exploitation 1.â•‡ The Enterprise, States Parties, and the other entities referred to in article 153, paragraph 2(b), may apply to the Authority for approval of plans of work for activities in the Area. 2.â•‡ The Enterprise may apply with respect to any part of the Area, but applications by others with respect to reserved areas are subject to the additional requirements of article 9 of this Annex. 3.â•‡ Exploration and exploitation shall be carried out only in areas specified in plans of work referred to in article 153, paragraph 3, and approved by the Authority in accordance with this Convention and the relevant rules, regulations and procedures of the Authority. 4.â•‡ Every approved plan of work shall: (a)â•‡be in conformity with this Convention and the rules, regulations and procedures of the Authority; (b)â•‡provide for control by the Authority of activities in the Area in accordance with article 153, paragraph 4; (c)â•‡confer on the operator, in accordance with the rules, regulationsÂ€ and procedures of the Authority, the exclusive right to explore for 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 right with respect to that stage only.

152

PART I

5.â•‡ Upon its approval by the Authority, every plan of work, except those presented by the Enterprise, shall be in the form of a contract concluded between the Authority and the applicant or applicants.

AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 4 4.â•‡ … 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 Article 4 Qualifications of applicants 1.â•‡ Applicants, other than the Enterprise, shall be qualified if they have the nationality or control and sponsorship required by article 153, paragraph 2(b), and if they follow the procedures and meet the qualification standards set forth in the rules, regulations and procedures of the Authority. 2.â•‡ Except as provided in paragraph 6, such qualification standards shall relate to the financial and technical capabilities of the applicant and his performance under any previous contracts with the Authority. 3.â•‡ Each applicant shall be sponsored by the State Party of which it is a national unless the applicant has more than one nationality, as in the case of a partnership or consortium of entities from several States, in which event all States Parties involved shall sponsor the application, or unless the applicant is effectively controlled by another State Party or its nationals, in which event both States Parties shall sponsor the application. The criteria and procedures for implementation of the sponsorship requirements shall be set forth in the rules, regulations and procedures of the Authority. 4.â•‡ The sponsoring State or States shall, pursuant to article 139, have the responsibility to ensure, within their legal systems, that a contractor so sponsored shall carry out activities in the Area in conformity with the terms of its contract and its obligations under this Convention. 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. 5.â•‡ The procedures for assessing the qualifications of States Parties which are applicants shall take into account their character as States. 6.â•‡ The qualification standards shall require that every applicant, without exception, shall as part of his application undertake: (a)â•‡to accept as enforceable and comply with the applicable obligations created by the provisions of Part XI, the rules, regulations

UN CONVENTION ON THE LAW OF THE SEA

153

and procedures of the Authority, the decisions of the organs of the Authority and terms of his contracts with the Authority; (b)â•‡to accept control by the Authority of activities in the Area, as authorized by this Convention; (c)â•‡to provide the Authority with a written assurance that his obligations under the contract will be fulfilled in good faith; (d)â•‡to comply with the provisions on the transfer of technology set forth in article 5 of this Annex. Article 5 Transfer of technology [Does not apply. See Agreement, annex, Section 5, paragraph 2] f

AGREEMENT, ANNEX, SECTION 5, PARAGRAPH 2 2.â•‡ The provisions of Annex III, article 5, of the Convention shall not apply. Article 6 Approval of plans of work 1.â•‡ Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work. 2.â•‡ When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether: (a)â•‡the applicant has complied with the procedures established for applications in accordance with article 4 of this Annex and has given the Authority the undertakings and assurances required by the article. In cases of non-compliance with these procedures or in the absence of any of these undertakings and assurances, the applicant shall be given 45 days to remedy these defects; (b)â•‡the applicant possesses the requisite qualifications provided for in article 4 of this Annex. 3.â•‡ All proposed plans of work shall be taken up in the order in which they are received. The proposed plans of work shall comply with and be governed by the relevant provisions of this Convention and the rules, regulations and procedures of the Authority, including those on operational requirements, financial contributions and the undertakings concerning the transfer of technology. If the proposed plans of work conform to these requirements, the Authority shall approve them provided that they are in accordance with the uniform and non-discriminatory requirements set forth in the rules, regulations and procedures of the Authority, unless:

154

PART I

(a)â•‡part or all of the area covered by the proposed plan of work is included in an approved plan of work or a previously submitted proposed plan of work which has not yet been finally acted on by the Authority; (b)â•‡part or all of the area covered by the proposed plan of work is disapproved by the Authority pursuant to article 162, paragraph 2(x); or (c)â•‡the proposed plan of work has been submitted or sponsored by a State Party which already holds: â•…â•‡â•›â•›â•›(i)â•‡plans of work for exploration and exploitation of polymetallic nodules in non-reserved areas that, together with either part of the area covered by the application for a plan of work, exceed in size 30 per cent of a circular area of 400,000 square kilometres surrounding the centre of either part of the area covered by the proposed plan of work; â•…â•‡â•›(ii)â•‡plans of work for the exploration and exploitation of polymetallic nodules in non-reserved areas which, taken together, constitute 2 per cent of the total seabed area which is not reserved or disapproved for exploitation pursuant to article l62, paragraph (2)(x). 4.â•‡ For the purpose of the standard set forth in paragraph 3(c), a plan of work submitted by a partnership or consortium shall be counted on a pro rata basis among the sponsoring States Parties involved in accordance with article 4, paragraph 3, of this Annex. The Authority may approve plans of workÂ€covered by paragraph 3(c) if it determines that such approval would not permit a State Party or entities sponsored by it to monopolize the conduct of activities in the Area or to preclude other States Parties from activities in the Area. [5.â•‡ Does not apply. See Agreement, annex, Section 6, paragraph 7]g Article 7 Selection among applicants for production authorizations [Does not apply. See Agreement, annex, Section 6, paragraph 7]

AGREEMENT, ANNEX, SECTION 6, PARAGRAPH 7 7.â•‡ The provisions of … Annex III, article 6, paragraph 5, and article 7, of the Convention, shall not apply. AGREEMENT, ANNEX, SECTION 1, PARAGRAPHS 6 TO 11 6.â•‡ (a)â•‡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

UN CONVENTION ON THE LAW OF THE SEA

155

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: â•…â•‡â•‡â•›â•›(i)â•‡A plan of work for exploration submitted on behalf of a State or entity, or any component of such entity, referred to in resolution II, paragraph 1 (a) (ii) or (iii), other than a registered pioneer investor, which had already undertaken substantial activities in the Area prior to the entry into force of the Convention, or its successor in interest, shall be considered to have met the financial and technical qualificationsÂ€ necessary for approval of a plan of work if the sponsoring State or States certify that the applicant has expended an amount equivalent to at least US$30 million in research and exploration activities and has expended no less than 10 per cent of that amount in the location, survey and evaluation of the area referred to in the plan of work. If the plan of work otherwise satisfies the requirements of the Convention and any rules, regulations and procedures adopted pursuant thereto, it shall be approved by the Council in the form of a contract. The provisions of section 3, paragraph 11, of this Annex shall be interpreted and applied accordingly; â•…â•‡â•›â•›â•›â•›(ii)â•‡Notwithstanding the provisions of resolution II, paragraph 8 (a), a registered pioneer investor may request approval of a plan of work for exploration within 36 months of the entry into force of the Convention. The plan of work for exploration shall consist of documents, reports and other data submitted to the Preparatory Commission both before and after registration and shall be accompanied by a certificate of compliance, consisting of a factual report describing the status of fulfilment of obligations under the pioneer investor regime, issued by the Preparatory Commission in accordance with resolution II, paragraph 11 (a). Such a plan of work shall be considered to be approved. Such an approved plan of work shall be in the form of a contract concluded between the Authority and the registered pioneer investor in accordance with Part XI and this Agreement. The fee of US$ 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; â•…â•‡â•›(iii)â•‡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

156

PART I

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; â•…â•‡â•›â•›(iv)â•‡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; â•…â•‡â•›â•›â•›â•›(v)â•‡Resolution II, paragraph 8 (c), shall be interpreted and applied in accordance with subparagraph (a) (iv). (b)â•‡The approval of a plan of work for exploration shall be in accordance with article 153, paragraph 3, of the Convention. 7.â•‡ 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.â•‡ 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.â•‡ 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 if 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.â•‡ 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.â•‡ Notwithstanding the provisions of paragraph 9, an approved plan of work for exploration which is sponsored by at least one State provisionally applying this Agreement shall terminate if such a State ceases to apply this

UN CONVENTION ON THE LAW OF THE SEA

157

Agreement provisionally and has not become a member on a provisional basis in accordance with paragraph 12 or has not become a State Party. Article 8 Reservation of areas Each application, other than those submitted by the Enterprise or by any other entities for reserved areas, shall cover a total area, which need not be a single continuous area, sufficiently large 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 by him with respect to both parts. Without prejudice to the powers of the Authority pursuant to article 17 of this Annex, the data to be submitted concerning polymetallic nodules shall relate to mapping, sampling, the abundance of nodules, and their metal content. Within 45 days of receiving such data, the Authority shall designate which part 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 deferred for a further period of 45 days if the Authority requests an independent expert to assess 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. AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 10 10.â•‡ 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. Article 9 Activities in reserved areas 1.â•‡ The Enterprise shall be given an opportunity to decide whether it intends to carry out activities in each reserved area. This decision may be taken at any time, unless a notification pursuant to paragraph 4 is received by the Authority, in which event the Enterprise shall take its decision within a reasonable time. The Enterprise may decide to exploit such areas in joint ventures with the interested State or entity. 2.â•‡ The Enterprise may conclude contracts for the execution of part of its activities in accordance with Annex IV, article 12. It may also enter into joint ventures for the conduct of such activities with any entities which are eligible to carry out activities in the Area pursuant to article 153, paragraph 2(b).

158

PART I

When considering such joint ventures, the Enterprise shall offer to States Â�Parties which are developing States and their nationals the opportunity of effective participation. 3.â•‡ The Authority may prescribe, in its rules, regulations and procedures, substantive and procedural requirements and conditions with respect to such contracts and joint ventures. 4.â•‡ Any State Party which is a developing State or any natural or juridical person sponsored by it and effectively controlled by it or by other developing State which is a qualified applicant, or any group of the foregoing, may notify the Authority that it wishes to submit a plan of work pursuant to article 6 of this Annex with respect to a reserved area. The plan of work shall be considered if the Enterprise decides, pursuant to paragraph 1, that it does not intend to carry out activities in that area.

AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 5 5.â•‡ 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. Article 10 Preference and priority among applicants An operator who has an approved plan of work for exploration only, as provided in article 3, paragraph 4(c), of this Annex shall have a preference and a priority among applicants for a plan of work covering exploitation of the same area and resources. However, such preference or priority may be withdrawn if the operator’s performance has not been satisfactory.

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 13 13.â•‡ 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.

UN CONVENTION ON THE LAW OF THE SEA

159

Article 11 Joint arrangements 1.â•‡ Contracts may provide for joint arrangements between the contractor and the Authority through the Enterprise, in the form of joint ventures or production sharing, as well as any other form of joint arrangement, which shall have the same protection against revision, suspension or termination as contracts with the Authority. 2.â•‡ Contractors entering into such joint arrangements with the Enterprise may receive financial incentives as provided for in article 13 of this Annex. 3.â•‡ Partners in joint ventures with the Enterprise shall be liable for the payments required by article 13 of this Annex to the extent of their share in the joint ventures, subject to financial incentives as provided for in that article. Article 12 Activities carried out by the Enterprise 1.â•‡ Activities in the Area carried out by the Enterprise pursuant to article 153, paragraph 2(a), shall be governed by Part XI, the rules, regulations and procedures of the Authority and its relevant decisions. 2.â•‡ Any plan of work submitted by the Enterprise shall be accompanied by evidence supporting its financial and technical capabilities.

AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 4 4.â•‡ 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. Article 13 Financial terms of contracts 1.â•‡ In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives: (a)â•‡to ensure optimum revenues for the Authority from the proceeds of commercial production; (b)â•‡to attract investments and technology to the exploration and exploitation of the Area; (c)â•‡to ensure equality of financial treatment and comparable financial obligations for contractors;

160

PART I

(d)â•‡to provide incentives on a uniform and non-discriminatory basis for contractors to undertake joint arrangements with the Enterprise and developing States or their nationals, to stimulate the transfer of technology thereto, and to train the personnel of the Authority and of developing States; (e)â•‡to enable the Enterprise to engage in seabed mining effectively at the same time as the entities referred to in article 153, paragraph 2(b); and (f)â•‡to ensure that, as a result of the financial incentives provided to contractors under paragraph 14, under the terms of contracts reviewed in accordance with article 19 of this Annex or under the provisions of article 11 of this Annex with respect to joint ventures, contractors are not subsidized so as to be given an artificial competitive advantage with respect to land-based miners. 2.â•‡ A fee shall be levied for the administrative cost of processing an application for approval of a plan of work in the form of a contract and shall be fixed at an amount of $US500,000 per application.1 The amount of the fee shall be reviewed from time to time by the Council in order to ensure that it covers the administrative cost incurred. If such administrative cost incurred by the Authority in processing an application is less than the fixed amount, the Authority shall refund the difference to the applicant. [3–10.â•‡ Do not apply. See Agreement, annex, Section 8, paragraph 2] h 11.â•‡ All costs, expenditures, proceeds and revenues, and all prices and values referred to in this article, shall be determined in accordance with generally recognized accounting principles and the financial rules, regulations and procedures of the Authority. 12.â•‡ Payments to the Authority under paragraphs 5 and 6 2 shall be made in freely usable currencies or currencies which are freely available and effectively usable on the major foreign exchange markets or, at the contractor’s option, in the equivalents of processed metals at market value. The market value shall be determined in accordance with paragraph 5(b).3 The freely

1 â•‡ The Agreement, annex, Section 8, paragraph 3 provides that with regard to the implementation of Annex III, article 13, paragraph 2, of the Convention, the fee for processing applications for approval of a plan of work limited to one phase, either the exploration phase or the exploitation phase, shall be US$ 250,000. In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail. 2 â•‡ Paragraphs 5 and 6 of article 13 do not apply. However, provisions relating to Financial Terms of Contracts occur in the Agreement, annex, Section 8. In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail. 3 â•‡ Paragraph 5(b) of article 13 does not apply. However, provisions relating to Financial Terms of Contracts occur in the Agreement, annex, Section 8. In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail.

UN CONVENTION ON THE LAW OF THE SEA

161

usable currencies and currencies which are freely available and effectively usable on the major foreign exchange markets shall be defined in the rules, regulations and procedures of the Authority in accordance with prevailing international monetary practice. 13.â•‡ All financial obligations of the contractor to the Authority, as well as all his fees, costs, expenditures, proceeds and revenues referred to in this article, shall be adjusted by expressing them in constant terms relative to a base year. 14.â•‡ The Authority may, taking into account any recommendations of the Economic Planning Commission and the Legal and Technical Commission, adopt rules, regulations and procedures that provide for incentives, on a uniform and non-discriminatory basis, to contractors to further the objectives set out in paragraph 1. 15.â•‡ In the event of a dispute between the Authority and a contractor over the interpretation or application of the financial terms of a contract, either party may submit the dispute to binding commercial arbitration, unless both parties agree to settle the dispute by other means, in accordance with article 188, paragraph 2.

AGREEMENT, ANNEX, SECTION 8 SECTION 8. FINANCIAL TERMS OF CONTRACTS 1.â•‡ The following principles shall provide the basis for establishing rules, regulations and procedures for financial terms of contracts: (a)â•‡The system of payments to the Authority shall be fair both to the contractor and to the Authority and shall provide adequate means of determining compliance by the contractor with such system; (b)â•‡The rates of payments under the system shall be within the range of those prevailing in respect of land-based mining of the same or similar minerals in order to avoid giving deep seabed miners an artificial competitive advantage or imposing on them a competitive disadvantage; (c)â•‡The system should not be complicated and should not impose major administrative costs on the Authority or on a contractor. Consideration should be given to the adoption of a royalty systemÂ€ or a combination of a royalty and profit-sharing system. If alternative systems are decided upon, the contractor has the right to choose the system applicable to its contract. Any subsequent change in choice between alternative systems, however, shall be made by agreement between the Authority and the contractor; (d)â•‡An annual fixed fee shall be payable from the date of commencement of commercial production. This fee may be credited against other payments due under the system adopted in accordance with

162

PART I

subparagraph (c). The amount of the fee shall be established by the Council; (e)â•‡The system of payments may be revised periodically in the light of changing circumstances. Any changes shall be applied in a non-discriminatory manner. Such changes may apply to existing contracts only at the election of the contractor. Any subsequent change in choice between alternative systems shall be made by agreement between the Authority and the contractor; (f)â•‡Disputes concerning the interpretation or application of the rules and regulations based on these principles shall be subject to the dispute settlement procedures set out in the Convention. 2.â•‡ The provisions of Annex III, article 13, paragraphs 3 to 10, of the Convention shall not apply. 3.â•‡ With regard to the implementation of Annex III, article 13, paragraph 2, of the Convention, the fee for processing applications for approval of a plan of work limited to one phase, either the exploration phase or the exploitation phase, shall be US$ 250,000. Article 14 Transfer of data 1.â•‡ The operator shall transfer to the Authority, in accordance with its rules, regulations and procedures and the terms and conditions of the plan of work, at time intervals determined by the Authority all data which are both necessary for and relevant to the effective exercise of the powers and functions of the principal organs of the Authority in respect of the area covered by the plan of work. 2.â•‡ Transferred data in respect of the area covered by the plan of work, deemed proprietary, may only be used for the purposes set forth in this article. Data necessary for the formulation by the Authority of rules, regulations and procedures concerning protection of the marine environment and safety, other than equipment design data, shall not be deemed proprietary. 3.â•‡ Data transferred to the Authority by prospectors, applicants for contracts or contractors, deemed proprietary, shall not be disclosed by the Authority to the Enterprise or to anyone external to the Authority, but data on the reserved areas may be disclosed to the Enterprise. Such data transferred by such persons to the Enterprise shall not be disclosed by the Enterprise to the Authority or to anyone external to the Authority. Article 15 Training programmes The contractor shall draw up practical programmes for the training of personnel of the Authority and developing States, including the participation of such personnel in all activities in the Area which are covered by the contract, in accordance with article 144, paragraph 2.

UN CONVENTION ON THE LAW OF THE SEA

163

Article 16 Exclusive right to explore and exploit The Authority shall, pursuant to Part XI and its rules, regulations and procedures, accord the operator the exclusive right to explore and exploit the area covered by the plan of work in respect of a specified category of resources and shall ensure that no other entity operates in the same area for a different category of resources in a manner which might interfere with the operations of the operator. The operator shall have security of tenure in accordance with article 153, paragraph 6. Article 17 Rules, regulations and procedures of the Authority 1.â•‡ The Authority shall adopt and uniformly apply rules, regulations and procedures in accordance with Article 160, paragraph 2(f)(ii), and article 162, paragraph 2(o)(ii), for the exercise of its functions as set forth in Part XI on, inter alia, the following matters: (a)â•‡administrative procedures relating to prospecting, exploration and exploitation in the Area; (b)â•‡operations: â•‡â•‡â•›(i)â•‡size of area; â•‡â•›â•›â•›(ii)â•‡duration of operations; â•‡â•›(iii)â•‡performance requirements including assurances pursuant to article 4, paragraph 6(c), of this Annex; â•‡â•›â•›(iv)â•‡categories of resources; â•‡ â•‡ (v)â•‡renunciation of areas; â•›â•‡ â•›(vi)â•‡progress reports; â•›â•›â•›(vii)â•‡submission of data; â•›(viii)â•‡inspection and supervision of operations; â•‡ â•›â•›(ix)â•‡prevention of interference with other activities in the marine environment; â•›â•›â•›â•›â•›â•›â•›â•›(x)â•‡transfer of rights and obligations by a contractor; â•‡â•›â•›(xi)â•‡procedures for transfer of technology to developing States in accordance with article 144 and for their direct participation; â•›â•›â•›(xii)â•‡mining standards and practices, including those relating to operational safety, conservation of the resources and the protection of the marine environment; â•›(xiii)â•‡definition of commercial production; (xiv)â•‡qualification standards for applicants; (c)â•‡financial matters: â•‡â•›â•›â•›(i)â•‡establishment of uniform and non-discriminatory costing and accounting rules and the method of selection of auditors; â•‡â•›(ii)â•‡apportionment of proceeds of operations; (iii)â•‡the incentives referred to in article 13 of this Annex; (d)â•‡implementation of decisions taken pursuant to article 151, paragraph 10, and article 164, paragraph 2(d).

164

PART I

2.â•‡ Rules, regulations and procedures on the following items shall fully reflect the objective criteria set out below: (a)â•‡Size of areas: The Authority shall determine the appropriate size of areas for exploration which may be up to twice as large as those for exploitation in order to permit intensive exploration operations. The size of area shall be calculated to satisfy the requirements of article 8 of this Annex on reservation of areas as well as stated production requirements consistent with article 151 in accordance with the terms of the contract taking into account the state of the art of technology then available for seabed mining and the relevant physical characteristics of the areas. Areas shall be neither smaller nor larger than are necessary to satisfy this objective. (b)â•‡Duration of operations: â•›â•›â•›â•›â•›(i)â•‡Prospecting shall be without time-limit; â•›â•›â•›(ii)â•‡Exploration should be of sufficient duration to permit a thorough survey of the specific area, the design and construction of mining equipment for the area and the design and construction of small and medium-size processing plants for the purpose of testing mining and processing systems; (iii)â•‡The duration of exploitation should be related to the economicÂ€life of the mining project, taking into consideration such factors as the depletion of the ore, the useful life of mining equipment and processing facilities and commercial viability. Exploitation should be of sufficient duration to permit commercial extraction of minerals of the area and should include a reasonable time period for construction of commercial-scale mining and processing systems, during which period commercial production should not be required. The total duration of exploitation, however, should also be short enough to give the Authority an opportunity to amend the terms and conditions of the plan of work at the time it considers renewal in accordance with rules, regulations and procedures which it has adopted subsequent to approving the plan of work. (c)â•‡Performance requirements: The Authority shall require that during the exploration stage periodic expenditures be made by the operator which are reasonably related to the size of the area covered by the plan of work and the expenditures which would be expected of a bona fide operator who intended to bring the area into commercial production within the time-limits established by the Authority. The required expenditures should not be established at a level which would discourage prospective operators with less costly technology than is prevalently in use. The Authority shall establish a maximum time interval, after the exploration stage is completed and the exploitation stage begins, to achieve commercial production. To determine this interval, the Authority should take into consideration that construction of large-scale mining and processing

UN CONVENTION ON THE LAW OF THE SEA

165

systems cannot be initiated until after the termination of the exploration stage and the commencement of the exploitation stage. Accordingly, the interval to bring an area into commercial production should take into account the time necessary for this construction after the completion of the exploration stage and reasonable allowance should be made for unavoidable delays in the construction schedule. Once commercial production is achieved, the Authority shall within reasonable limits and taking into consideration all relevant factors require the operator to maintain commercial production throughout the period of the plan of work.

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 5 5.â•‡ Between the entry into force of the Convention and the approval of the first plan of work for exploitation, the Authority shall concentrate on: … (f)â•‡ Adoption of rules, regulations and procedures necessary for the conduct of activities in the Area as they progress. Notwithstanding the provisions of Annex III, article 17, paragraph 2 (b) and (c), of the Convention, such rules, regulations and procedures shall take into account the terms of this Agreement, the prolonged delay in commercial deep seabed mining and the likely pace of activities in the Area; (d)â•‡Categories of resources: In determining the category of resources in respect of which a plan of work may be approved, the Authority shall give emphasis inter alia to the following characteristics: â•›â•›(i)â•‡that certain resources require the use of similar mining methods; and (ii)â•‡that some resources can be developed simultaneously without undue interference between operators developing different resources in the same area. Nothing in this subparagraph shall preclude the Authority from approving a plan of work with respect to more than one category of resources in the same area to the same applicant. (e)â•‡Renunciation of areas: The operator shall have the right at any time to renounce without penalty the whole or part of his rights in the area covered by a plan of work. (f)â•‡Protection of the marine environment: Rules, regulations and procedures shall be drawn up in order to secureÂ€effective protection of the marine environment from harmful effects directly resulting from activities in the Area or from shipboard processing immediately above a mine site of minerals derived from that mine site, taking into account the extent to which such harmful

166

PART I

effects may directly result from drilling, dredging, coring and excavation and from disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents. (g)â•‡Commercial production: Commercial production shall be deemed to have begun if an operator engages in sustained large-scale recovery operations which yield a quantity of materials sufficient to indicate clearly that the principal purpose is large-scale production rather than production intended for information gathering, analysis or the testing of equipment or plant. Article 18 Penalties 1.â•‡ A contractor’s rights under the contract may be suspended or terminated only in the following cases: (a)â•‡if, in spite of warnings by the Authority, the contractor has conducted his activities in such a way as to result in serious, persistent and willful violations of the fundamental terms of the contract, Part XI and the rules, regulations and procedures of the Authority; or (b)â•‡if the contractor has failed to comply with a final binding decision of the dispute settlement body applicable to him. 2.â•‡ In the case of any violation of the contract not covered by paragraph 1(a), or in lieu of suspension or termination under paragraph 1(a), the Authority may impose upon the contractor monetary penalties proportionate to the seriousness of the violation. 3.â•‡ Except for emergency orders under article 162, paragraph 2(w), the Authority may not execute a decision involving monetary penalties, susÂ� pension or termination until the contractor has been accorded a reasonable opportunity to exhaust the judicial remedies available to him pursuant to Part XI, section 5. Article 19 Revision of contract 1.â•‡ When circumstances have arisen or are likely to arise which, in the opinion of either party, would render the contract inequitable or make it impracticable or impossible to achieve the objectives set out in the contract or in Part XI, the parties shall enter into negotiations to revise it accordingly. 2.â•‡ Any contract entered into in accordance with article 153, paragraph 3, may be revised only with the consent of the parties. Article 20 Transfer of rights and obligations The rights and obligations arising under a contract may be transferred onlyÂ€ with the consent of the Authority, and in accordance with its rules,

UN CONVENTION ON THE LAW OF THE SEA

167

Â� regulations and procedures. The Authority shall not unreasonably withhold consent to the transfer if the proposed transferee is in all respects a qualified applicant and assumes all of the obligations of the transferor and if the transfer does not confer to the transferee a plan of work, the approval of which would be forbidden by article 6, paragraph 3(c), of this Annex. Article 21 Applicable law 1.â•‡ The contract shall be governed by the terms of the contract, the rules, regulations and procedures of the Authority, Part XI and other rules of international law not incompatible with this Convention. 2.â•‡ Any final decision rendered by a court or tribunal having jurisdiction under this Convention relating to the rights and obligations of the Authority and of the contractor shall be enforceable in the territory of each State Party. 3.â•‡ No State Party may impose conditions on a contractor that are inconsistent with Part XI. However, the application by a State Party to contractors sponsored by it, or to ships flying its flag, of environmental or other laws and regulations more stringent than those in the rules, regulations and procedures of the Authority adopted pursuant to article 17, paragraph 2(f), of this Annex shall not be deemed inconsistent with Part XI. Article 22 Responsibility The contractor shall have responsibility or liability for any damage arising out of wrongful acts in the conduct of its operations, account being taken of contributory acts or omissions by the Authority. Similarly, the Authority shall have responsibility or liability for any damage arising out of wrongful acts in the exercise of its powers and functions, including violations under article 168, paragraph 2, account being taken of contributory acts or omissions by the contractor. Liability in every case shall be for the actual amount of damage. ANNEX IV. STATUTE OF THE ENTERPRISE Article 1 Purpose 1.â•‡ The Enterprise is the organ of the Authority which shall carry out activities in the Area directly, pursuant to article 153, paragraph 2(a), as well as the transporting, processing and marketing of minerals recovered from the Area. 2.â•‡ In carrying out its purposes and in the exercise of its functions, the Enterprise shall act in accordance with this Convention and the rules, regulations and procedures of the Authority.

168

PART I

3.â•‡ In developing the resources of the Area pursuant to paragraph 1, the Enterprise shall, subject to this Convention, operate in accordance with sound commercial principles.

AGREEMENT, ANNEX, SECTION 2 SECTION 2. THE ENTERPRISE 1.â•‡ 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: (a)â•‡Monitoring and review of trends and developments relating to deep seabed mining activities, including regular analysis of world metal market conditions and metal prices, trends and prospects; (b)â•‡Assessment of the results of the conduct of marine scientific research with respect to activities in the Area, with particular emphasis on research related to the environmental impact of activities in the Area; (c)â•‡Assessment of available data relating to prospecting and exploration, including the criteria for such activities; (d)â•‡Assessment of technological developments relevant to activities in the Area, in particular technology relating to the protection and preservation of the marine environment; (e)â•‡Evaluation of information and data relating to areas reserved for the Authority; (f)â•‡Assessment of approaches to joint venture operations; (g)â•‡Collection of information on the availability of trained manpower; (h)â•‡Study of managerial policy options for the administration of the Enterprise at different stages of its operations. 2.â•‡ 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. … 6.â•‡ 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.

UN CONVENTION ON THE LAW OF THE SEA

169

Article 2 Relationship to the Authority 1.â•‡ Pursuant to article 170, the Enterprise shall act in accordance with the general policies of the Assembly and the directives of the Council. 2.â•‡ Subject to paragraph 1, the Enterprise shall enjoy autonomy in the conduct of its operations. 3.â•‡ Nothing in this Convention shall make the Enterprise liable for the acts or obligations of the Authority, or make the Authority liable for the acts or obligations of the Enterprise. Article 3 Limitation of liability Without prejudice to article 11, paragraph 3, of this Annex, no member of the Authority shall be liable by reason only of its membership for the acts or obligations of the Enterprise. Article 4 Structure The Enterprise shall have a Governing Board, a Director-General and the staff necessary for the exercise of its functions. Article 5 Governing Board 1.â•‡ The Governing Board shall be composed of 15 members elected by the Assembly in accordance with article 160, paragraph 2(c). In the electionÂ€of the members of the Board, due regard shall be paid to the principle of equitable geographical distribution. In submitting nominations of candidates for election to the Board, members of the Authority shall bear in mind the need to nominate candidates of the highest standard of competence, with qualifications in relevant fields, so as to ensure the viability and success of the Enterprise. 2.â•‡ Members of the Board shall be elected for four years and may be reelected; and due regard shall be paid to the principle of rotation of memÂ� bership. 3.â•‡ Members of the Board shall continue in office until their successors are elected. If the office of a member of the Board becomes vacant, the Assembly shall, in accordance with Article 160, paragraph 2(c), elect a new member for the remainder of his predecessor’s term. 4.â•‡ Members of the Board shall act in their personal capacity. In the performance of their duties they shall not seek or receive instructions from any government or from any other source. Each member of the Authority shall respect the independent character of the members of the Board and shall

170

PART I

refrain from all attempts to influence any of them in the discharge of their duties. 5.â•‡ Each member of the Board shall receive remuneration to be paid out of the funds of the Enterprise. The amount of remuneration shall be fixed by the Assembly, upon the recommendation of the Council. 6.â•‡ The Board shall normally function at the principal office of the Enterprise and shall meet as often as the business of the Enterprise may require. 7.â•‡ Two thirds of the members of the Board shall constitute a quorum. 8.â•‡ Each member of the Board shall have one vote. All matters before the Board shall be decided by a majority of its members. If a member has a conflict of interest on a matter before the Board he shall refrain from voting on that matter. 9.â•‡ Any member of the Authority may ask the Board for information in respect of its operations which particularly affect that member. The Board shall endeavour to provide such information. Article 6 Powers and functions of the Governing Board The Governing Board shall direct the operations of the Enterprise. Subject to this Convention, the Governing Board shall exercise the powers necessary to fulfil the purposes of the Enterprise, including powers: (a)â•‡to elect a Chairman from among its members; (b)â•‡to adopt its rules of procedure; (c)â•‡to draw up and submit formal written plans of work to the Council in accordance with article 153, paragraph 3, and article 162, paragraph 2(j);

AGREEMENT, ANNEX, SECTION 3, PARAGRAPH 11(b) 11.â•‡ (b) The provisions of article 162, paragraph 2 (j), of the Convention shall not apply. (d)â•‡to develop plans of work and programmes for carrying out the activities specified in article 170; (e)â•‡to prepare and submit to the Council applications for production authorizations in accordance with article 151, paragraphs 2 to 7;

AGREEMENT, ANNEX, SECTION 6, PARAGRAPH 7 2.â•‡ The provisions of article 151, paragraphs 1 to 7 of the Convention shall not apply.

UN CONVENTION ON THE LAW OF THE SEA

171

(f)â•‡to authorize negotiations concerning the acquisition of technology, including those provided for in Annex III, article 5, paragraph 3(a), (c), and (d), and to approve the results of those negotiations;

AGREEMENT, ANNEX, SECTION 5, PARAGRAPH 2 2.â•‡ The provisions of Annex III, article 5, of the Convention shall not apply. â•›â•›(g)â•‡to establish terms and conditions, and to authorize negotiations, concerning joint ventures and other forms of joint arrangements referred to in Annex III, articles 9 and 11, and to approve the results of such negotiations; â•›â•›(h)â•‡to recommend to the Assembly what portion of the net income of the Enterprise should be retained as its reserves in accordance with article 160, paragraph 2(f), and article 10 of this Annex; â•‡ (i)â•‡to approve the annual budget of the Enterprise; â•‡ (j)â•‡to authorize the procurement of goods and services in accordance with article 12, paragraph 3, of this Annex; â•›â•›(k)â•‡to submit an annual report to the Council in accordance with article 9 of this Annex; â•‡ (l)â•‡to submit to the Council for the approval of the Assembly draft rules in respect of the organization, management, appointment and dismissal of the staff of the Enterprise and to adopt regulations to give effect to such rules; (m)â•‡to borrow funds and to furnish such collateral or other security as it may determine in accordance with article 11, paragraph 2, of this Annex; â•›â•›(n)â•‡to enter into any legal proceedings, agreements and transactions and to take any other actions in accordance with article 13 of this Annex; â•›â•›(o)â•‡to delegate, subject to the approval of the Council, any nondiscretionary powers to the Director-General and to its comÂ� mittees. Article 7 Director-General and staff of the Enterprise 1.â•‡ The Assembly shall, upon the recommendation of the Council and the nomination of the Governing Board, elect the Director-General of the Enterprise who shall not be a member of the Board. The Director-General shall hold office for a fixed term, not exceeding five years, and may be re-elected for further terms.

172

PART I

2.â•‡ The Director-General shall be the legal representative and chief executive of the Enterprise and shall be directly responsible to the Board for the conduct of the operations of the Enterprise. He shall be responsible for the organization, management, appointment and dismissal of the staff of the Enterprise in accordance with the rules and regulations referred to in article 6, subparagraph (1), of this Annex. He shall participate, without the right to vote, in the meetings of the Board and may participate, without the right to vote, in the meetings of the Assembly and the Council when these organs are dealing with matters concerning the Enterprise. 3.â•‡ The paramount consideration in the recruitment and employment ofÂ€ the staff and in the determination of their conditions of service shall be the necessity of securing the highest standards of efficiency and of technical competence. Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on an equitable geographical basis. 4.â•‡ In the performance of their duties the Director-General and the staff shall not seek or receive instructions from any government or from any other source external to the Enterprise. They shall refrain from any action which might reflect on their position as international officials of the Enterprise responsible only to the Enterprise. Each State Party undertakes to respect the exclusively international character of the responsibilities of the DirectorGeneral and the staff and not to seek to influence them in the discharge of their responsibilities. 5.â•‡ The responsibilities set forth in article 168, paragraph 2, are equally applicable to the staff of the Enterprise. Article 8 Location The Enterprise shall have its principal office at the seat of the Authority. The Enterprise may establish other offices and facilities in the territory of any State Party with the consent of that State Party. Article 9 Reports and financial statements 1.â•‡ The Enterprise shall, not later than three months after the end of each financial year, submit to the Council for its consideration an annual report containing an audited statement of its accounts and shall transmit to the Council at appropriate intervals a summary statement of its financial position and a profit and loss statement showing the results of its operations. 2.â•‡ The Enterprise shall publish its annual report and such other reports as it finds appropriate. 3.â•‡ All reports and financial statements referred to in this article shall be distributed to the members of the Authority.

UN CONVENTION ON THE LAW OF THE SEA

173

Article 10 Allocation of net income 1.â•‡ Subject to paragraph 3, the Enterprise shall make payments to the Authority under Annex III, article 13, or their equivalent. 2.â•‡ The Assembly shall, upon the recommendation of the Governing Board, determine what portion of the net income of the Enterprise shall be retained as reserves of the Enterprise. The remainder shall be transferred to the Authority. 3.â•‡ During an initial period required for the Enterprise to become selfsupporting, which shall not exceed 10 years from the commencement of commercial production by it, the Assembly shall exempt the Enterprise from the payments referred to in paragraph 1, and shall leave all of the net income of the Enterprise in its reserves. Article 11 Finances 1.â•‡ The funds of the Enterprise shall include: (a)â•‡amounts received from the Authority in accordance with article 173, paragraph 2(b); (b)â•‡voluntary contributions made by States Parties for the purpose of financing activities of the Enterprise; (c)â•‡amounts borrowed by the Enterprise in accordance with paragraphs 2 and 3; (d)â•‡income of the Enterprise from its operations; (e)â•‡other funds made available to the Enterprise to enable it to commence operations as soon as possible and to carry out its functions. 2.â•‡ (a)â•‡The Enterprise shall have the power to borrow funds and to furnish such collateral or other security as it may determine. Before making a public sale of its obligations in the financial markets or currency of a State Party, the Enterprise shall obtain the approval of that State Party. The total amount of borrowings shall be approved by the Council upon the recommendation of the Governing Board. (b)â•‡States Parties shall make every reasonable effort to support applications by the Enterprise for loans on capital markets and from international financial institutions. 3.â•‡ (a)â•‡The Enterprise shall be provided with the funds necessary to explore and exploit one mine site, and to transport, process and market the minerals recovered therefrom and the nickel, copper, cobalt and manganese obtained, and to meet its initial administrative expenses. The amount of the said funds, and the criteria and factors for its adjustment, shall be included by the Preparatory

174

PART I

Commission in the draft rules, regulations and procedures of the Authority. (b)â•‡All States Parties shall make available to the Enterprise an amount equivalent to one half of the funds referred to in subparagraph (a) by way of long-term interest-free loans in accordance with the scale of assessments for the United Nations regular budget in force at the time when the assessments are made, adjusted to take into account the States which are not members of the United Nations. Debts incurred by the Enterprise in raising the other half of the funds shall be guaranteed by all States Parties in accordance with the same scale. (c)â•‡If the sum of the financial contributions of States Parties is less than the funds to be provided to the Enterprise under subparagraph (a), the Assembly shall, at its first session, consider the extent of the shortfall and adopt by consensus measures for dealing with this shortfall, taking into account the obligation of State Parties under subparagraphs (a) and (b) and any recommendations of the Preparatory Commission. (d)â•‡â†œæ¸€È•(i)â•‡Each State Party shall, within 60 days after the entry into force of this Convention, or within 30 days after the deposit of its instrument of ratification or accession, whichever is later, deposit with the Enterprise irrevocable, non-negotiable, non-interest-bearing promissory notes in the amount of the share of such State Party of interest-free loans pursuant to subparagraph (b). â•…â•›â•›â•›(ii)â•‡The Board shall prepare, at the earliest practicable date after this Convention enters into force, and thereafter at annual or other appropriate intervals, a schedule of the magnitude and timing of its requirements for the funding of its administrative expenses and for activities carried out by the Enterprise in accordance with article 170 and article 12 of this Annex. â•…â•›(iii)â•‡The States Parties shall, thereupon, be notified by the Enterprise, through the Authority, of their respective shares of the funds in accordance with subparagraph (b), required for such expenses. The Enterprise shall encash such amounts of the promissory notes as may be required to meet the expenditure referred to in the schedule with respect to interest-free loans. â•…â•‡â•›(iv)â•‡States Parties shall, upon receipt of the notification, make available their respective shares of debt guarantees for the Enterprise in accordance with subparagraph (b). (e)â•‡â•›â•‡(i)â•‡If the Enterprise so requests, States Parties may provide debt guarantees in addition to those provided in accordance with the scale referred to in subparagraph (b). â•…â•›â•›â•›(ii)â•‡In lieu of debt guarantees, a State Party may make a voluntary contribution to the Enterprise in an amount equivalent

UN CONVENTION ON THE LAW OF THE SEA

175

to that portion of the debts which it would otherwise be liable to guarantee. (f)â•‡Repayment of the interest-bearing loans shall have priority over the repayment of the interest-free loans. Repayment of interestfree loans shall be in accordance with a schedule adopted by the Assembly, upon the recommendation of the Council and the advice of the Board. In the exercise of this function the Board shall be guided by the relevant provisions of the rules, regulations and procedures of the Authority, which shall take into account the paramount importance of ensuring the effective functioning of the Enterprise and, in particular, ensuring its financial independence. (g)â•‡Funds made available to the Enterprise shall be in freely usable currencies or currencies which are freely available and effectively usable in the major foreign exchange markets. These currencies shall be defined in the rules, regulations and procedures of the Authority in accordance with prevailing international monetary practice. Except as provided in paragraph 2, no State Party shall maintain or impose restrictions on the holding, use or exchange by the Enterprise of these funds. (h)â•‡“Debt guarantee” means a promise of a State Party to creditors of the Enterprise to pay, pro rata in accordance with the appropriate scale, the financial obligations of the Enterprise covered by the guarantee following notice by the creditors to the State Party of a default by the Enterprise. Procedures for the payment of those obligations shall be in conformity with the rules, regulations and procedures of the Authority.

AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 3 3.â•‡ 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.â•‡ The funds, assets and expenses of the Enterprise shall be kept separate from those of the Authority. This article shall not prevent the Enterprise from making arrangements with the Authority regarding facilities, personnel and services and arrangements for reimbursement of administrative expenses paid by either on behalf of the other. 5.â•‡ The records, books and accounts of the Enterprise, including its annual financial statements, shall be audited annually by an independent auditor appointed by the Council.

176

PART I

Article 12 Operations 1.â•‡ The Enterprise shall propose to the Council projects for carrying out activities in accordance with article 170. Such proposals shall include a formal written plan of work for activities in the Area in accordance with article 153, paragraph 3, and all such other information and data as may be required from time to time for its appraisal by the Legal and Technical Commission and approval by the Council. 2.â•‡ Upon approval by the Council, the Enterprise shall execute the project on the basis of the formal written plan of work referred to in paragraph 1. 3.â•‡ (a)â•‡If the Enterprise does not possess the goods and services required for its operations it may procure them. For that purpose, it shall issue invitations to tender and award contracts to bidders offering the best combination of quality, price and delivery time. (b)â•‡If there is more than one bid offering such a combination, the contract shall be awarded in accordance with: â•…â•›â•›â•›â•›â•›â•›â•›(i)â•‡the principle of non-discrimination on the basis of political or other considerations not relevant to the carrying out of operations with due diligence and efficiency; and â•…â•‡â•›(ii)â•‡guidelines approved by the Council with regard to the preferences to be accorded to goods and services originating in developing States, including the land-locked and geographically disadvantaged among them. (c)â•‡The Governing Board may adopt rules determining the special circumstances in which the requirement of invitations to bid may, in the best interests of the Enterprise, be dispensed with. 4.â•‡ The Enterprise shall have title to all minerals and processed substances produced by it. 5.â•‡ The Enterprise shall sell its products on a non-discriminatory basis. It shall not give non-commercial discounts. 6.â•‡ Without prejudice to any general or special power conferred on the Enterprise under any other provision of this Convention, the Enterprise shall exercise such powers incidental to its business as shall be necessary. 7.â•‡ The Enterprise shall not interfere in the political affairs of any State Party; nor shall it be influenced in its decisions by the political character of the State Party concerned. Only commercial considerations shall be relevant to its decisions, and these considerations shall be weighed impartially in order to carry out the purposes specified in article 1 of this Annex. â•›

Article 13 Legal status, privileges and immunities 1.â•‡ To enable the Enterprise to exercise its functions, the status, privileges and immunities set forth in this article shall be accorded to the Enterprise in the territories of States Parties. To give effect to this principle

UN CONVENTION ON THE LAW OF THE SEA

177

the Enterprise and States Parties may, where necessary, enter into special agreements. 2.â•‡ The Enterprise shall have such legal capacity as is necessary for the exercise of its functions and the fulfilment of its purposes and, in particular, the capacity: (a)â•‡to enter into contracts, joint arrangements or other arrangements, including agreements with States and international organizations; (b)â•‡to acquire, lease, hold and dispose of immovable and movable property; (c)â•‡to be a party to legal proceedings. 3.â•‡ (a)â•‡Actions may be brought against the Enterprise only in a court of competent jurisdiction in the territory of a State Party in which the Enterprise: â•…â•‡â•‡â•›â•›(i)â•‡has an office or facility; â•…â•… (ii)â•‡has appointed an agent for the purpose of accepting service or notice of process; â•…â•›â•›â•›â•›â•›â•›(iii)â•‡has entered into a contract for goods or services; â•…â•‡â•›â•›â•›(iv)â•‡has issued securities; or â•…â•‡â•‡ â•›(v)â•‡is otherwise engaged in commercial activity. (b)â•‡The property and assets of the Enterprise, wherever located and by whomsoever held, shall be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Enterprise. 4.â•‡ (a)â•‡The property and assets of the Enterprise, wherever located and by whomsoever held, shall be immune from requisition, confiscation, expropriation or any other form of seizure by executive or legislative action. (b)â•‡The property and assets of the Enterprise, wherever located and by whomsoever held, shall be free from discriminatory restrictions, regulations, controls and moratoria of any nature. (c)â•‡The Enterprise and its employees shall respect local laws and regulations in any State or territory in which the Enterprise or its employees may do business or otherwise act. (d)â•‡States Parties shall ensure that the Enterprise enjoys all rights, privileges and immunities accorded by them to entities conÂ� ducting commercial activities in their territories. These rights, privileges and immunities shall be accorded to the Enterprise on no less favourable a basis than that on which they are accorded to entities engaged in similar commercial activities. If special privileges are provided by States Parties for developing States or their commercial entities, the Enterprise shall enjoy those privileges on a similarly preferential basis. (e)â•‡States Parties may provide special incentives, rights, privileges and immunities to the Enterprise without the obligation to provide such incentives, rights, privileges and immunities to other commercial entities. â•›

178

PART I

5.â•‡ The Enterprise shall negotiate with the host countries in which its offices and facilities are located for exemption from direct and indirect taxation. 6.â•‡ Each State Party shall take such action as is necessary for giving effect in terms of its own law to the principles set forth in this Annex and shall inform the Enterprise of the specific action which it has taken. 7.â•‡ The Enterprise may waive any of the privileges and immunities conferred under this article or in the special agreements referred to in paragraph 1 to such extent and upon such conditions as it may determine. ANNEX V. CONCILIATION SECTION 1. CONCILIATION PROCEDURE PURSUANT TO SECTION 1 OF PART XV Article 1 Institution of proceedings If the parties to a dispute have agreed, in accordance with article 284, to submit it to conciliation under this section, any such party may institute the proceedings by written notification addressed to the other party or parties to the dispute. Article 2 List of conciliators A list of conciliators shall be drawn up and maintained by the SecretaryGeneral of the United Nations. Every State Party shall be entitled to nominate four conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. If at any time the conciliators 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. The name of a conciliator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such conciliator shall continue to serve on any conciliation commission to which that conciliator has been appointed until the completion of the proceedings before that commission. Article 3 Constitution of conciliation commission The conciliation commission shall, unless the parties otherwise agree, be constituted as follows: (a)â•‡Subject to subparagraph (g), the conciliation commission shall consist of five members.

UN CONVENTION ON THE LAW OF THE SEA

179

(b)â•‡The party instituting the proceedings shall appoint two conciliators to be chosen preferably from the list referred to in article 2 of this Annex, one of whom may be its national, unless the parties otherwise agree. Such appointments shall be included in the notification referred to in article 1 of this Annex. (c)â•‡The other party to the dispute shall appoint two conciliators in the manner set forth in subparagraph (b) within 21 days of receipt of the notification referred to in article 1 of this Annex. If the appointments are not made within that period, the party instituting the proceedings may, within one week of the expiration of that period, either terminate the proceedings by notification addressed to the other party or request the Secretary-General of the United Nations to make the appointments in accordance with subparagraph (e). (d)â•‡Within 30 days after all four conciliators have been appointed, they shall appoint a fifth conciliator chosen from the list referred to in article 2 of this Annex, who shall be chairman. If the appointment is not made within that period, either party may, within one week of the expiration of that period, request the SecretaryGeneral of the United Nations to make the appointment in accordance with subparagraph (e). (e)â•‡Within 30 days of the receipt of a request under subparagraph (c) or (d), the Secretary-General of the United Nations shall make the necessary appointments from the list referred to in article 2 of this Annex in consultation with the parties to the dispute. (f)â•‡Any vacancy shall be filled in the manner prescribed for the initial appointment. (g)â•‡Two or more parties which determine by agreement that they are in the same interest shall appoint two conciliators jointly. Where two or more parties have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint conciliators separately. (h)â•‡In disputes involving more than two parties having separate interests, or where there is disagreement as to whether they are of the same interest, the parties shall apply subparagraphs (a) to (f) in so far as possible. Article 4 Procedure The conciliation commission shall, unless the parties otherwise agree, determine its own procedure. The commission may, with the consent of the parties to the dispute, invite any State Party to submit to it its views orally or in writing. Decisions of the commission regarding procedural matters, the report and recommendations shall be made by a majority vote of its members.

180

PART I

Article 5 Amicable settlement The commission may draw the attention of the parties to any measures which might facilitate an amicable settlement of the dispute. Article 6 Functions of the commission The commission shall hear the parties, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement. Article 7 Report 1.â•‡ The commission shall report within 12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute. 2.â•‡ The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties. Article 8 Termination The conciliation proceedings are terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by written notification addressed to the SecretaryGeneral of the United Nations, or when a period of three months has expired from the date of transmission of the report to the parties. Article 9 Fees and expenses The fees and expenses of the commission shall be borne by the parties to the dispute. Article 10 Right of parties to modify procedure The parties to the dispute may by agreement applicable solely to that dispute modify any provision of this Annex.

UN CONVENTION ON THE LAW OF THE SEA

181

SECTION 2. COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART XV Article 11 Institution of proceedings 1.â•‡ Any party to a dispute which, in accordance with Part XV, section 3, may be submitted to conciliation under this section, may institute the proceedings by written notification addressed to the other party or parties to the dispute. 2.â•‡ Any party to the dispute, notified under paragraph 1, shall be obliged to submit to such proceedings. Article 12 Failure to reply or to submit to conciliation The failure of a party or parties to the dispute to reply to notification of institution of proceedings or to submit to such proceedings shall not constitute a bar to the proceedings. Article 13 Competence A disagreement as to whether a conciliation commission acting under this section has competence shall be decided by the commission. Article 14 Application of section 1 Articles 2 to 10 of section l of this Annex apply subject to this section. ANNEX VI. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA Article 1 General provisions 1.â•‡ The International Tribunal for the Law of the Sea is constituted and shall function in accordance with the provisions of this Convention and this Statute. 2.â•‡ The seat of the Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany. 3.â•‡ The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable.

182

PART I

4.â•‡ A reference of a dispute to the Tribunal shall be governed by the provisions of Parts XI and XV. SECTION 1. ORGANIZATION OF THE TRIBUNAL Article 2 Composition 1.â•‡ The Tribunal shall be composed of a body of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. 2.â•‡ In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. Article 3 Membership 1.â•‡ No two members of the Tribunal may be nationals of the same State. A person who for the purposes of membership in the Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights. 2.â•‡ There shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations. Article 4 Nominations and elections 1.â•‡ Each State Party may nominate not more than two persons having the qualifications prescribed in article 2 of this Annex. The members of the Tribunal shall be elected from the list of persons thus nominated. 2.â•‡ At least three months before the date of the election, the SecretaryGeneral of the United Nations in the case of the first election and the Registrar of the Tribunal in the case of subsequent elections shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months. He shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties before the seventh day of the last month before the date of each election. 3.â•‡ The first election shall be held within six months of the date of entry into force of this Convention. 4.â•‡ 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

UN CONVENTION ON THE LAW OF THE SEA

183

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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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 seabed or other commercial use of the sea or the seabed. 2.â•‡ No member of the Tribunal may act as agent, counsel or advocate in any case. 3.â•‡ Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

184

PART I

Article 8 Conditions relating to participation of members in a particular case 1.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ The Tribunal shall elect its President and Vice-President for three years; they may be re-elected. 2.â•‡ The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary. 3.â•‡ The President and the Registrar shall reside at the seat of the Tribunal.

UN CONVENTION ON THE LAW OF THE SEA

185

Article 13 Quorum 1.â•‡ All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal. 2.â•‡ 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.â•‡ 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 Seabed Disputes Chamber A Seabed 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ Disputes shall be heard and determined by the chambers provided for in this article if the parties so request. 5.â•‡ 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.

186

PART I

Article 17 Nationality of members 1.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall participate in the decision on terms of complete equality with their colleagues. Article 18 Remuneration of members 1.â•‡ 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.â•‡ The President shall receive a special annual allowance. 3.â•‡ The Vice-President shall receive a special allowance for each day on which he acts as President. 4.â•‡ 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.â•‡ The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal. They may not be decreased during the term of office. 6.â•‡ The salary of the Registrar shall be determined at meetings of the States Parties, on the proposal of the Tribunal. 7.â•‡ Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of

UN CONVENTION ON THE LAW OF THE SEA

187

the Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their travelling expenses refunded. 8.â•‡ The salaries, allowances, and compensation shall be free of all taxation. Article 19 Expenses of the Tribunal 1.â•‡ The expenses of the Tribunal shall be borne 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.â•‡ 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.â•‡ The Tribunal shall be open to States Parties. 2.â•‡ 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 specificallyÂ€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.

188

PART I

SECTION 3. PROCEDURE Article 24 Institution of proceedings 1.â•‡ 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.â•‡ The Registrar shall forthwith notify the special agreement or the application to all concerned. 3.â•‡ The Registrar shall also notify all States Parties. Article 25 Provisional measures 1.â•‡ In accordance with article 290, the Tribunal and its Seabed Disputes Chamber shall have the power to prescribe provisional measures. 2.â•‡ 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.â•‡ 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.â•‡ 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 conclude 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

UN CONVENTION ON THE LAW OF THE SEA

189

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.â•‡ All questions shall be decided by a majority of the members of the Tribunal who are present. 2.â•‡ 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.â•‡ The judgment shall state the reasons on which it is based. 2.â•‡ It shall contain the names of the members of the Tribunal who have taken part in the decision. 3.â•‡ 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.â•‡ 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 3l Request to intervene 1.â•‡ 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.â•‡ It shall be for the Tribunal to decide upon this request. 3.â•‡ 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.â•‡ Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith. 2.â•‡ 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.

190

PART I

3.â•‡ 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.â•‡ The decision of the Tribunal is final and shall be complied with by all the parties to the dispute. 2.â•‡ The decision shall have no binding force except between the parties in respect of that particular dispute. 3.â•‡ 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. SEABED DISPUTES CHAMBER Article 35 Composition 1.â•‡ The Seabed 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.â•‡ 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.â•‡ The members of the Chamber shall be selected every three years and may be selected for a second term. 4.â•‡ The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected. 5.â•‡ If any proceedings 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.â•‡ 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.â•‡ A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.

UN CONVENTION ON THE LAW OF THE SEA

191

Article 36 Ad hoc chambers 1.â•‡ The Seabed 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 Seabed Disputes Chamber with the approval of the parties. 2.â•‡ 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 Seabed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the parties. 3.â•‡ Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute. 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: (a)â•‡the rules, regulations and procedures of the Authority adopted in accordance with this Convention; and (b)â•‡the terms of contracts concerning activities in the Area in matters relating to those contracts. 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.â•‡ The other sections of this Annex which are not incompatible with this section apply to the Chamber.

192

PART I

2.â•‡ 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 4l Amendments 1.â•‡ Amendments 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.â•‡ Amendments to section 4 may be adopted only in accordance with article 314. 3.â•‡ The Tribunal may propose such amendments to this Statute 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 l.â•‡ 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.â•‡ 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.â•‡ The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided 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.

UN CONVENTION ON THE LAW OF THE SEA

193

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: (a)â•‡Subject to subparagraph (g), the arbitral tribunal shall consist of five members. (b)â•‡The party instituting the proceedings shall appoint one memberÂ€to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article l of this Annex. (c)â•‡The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e). (d)â•‡The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period. (e)â•‡Unless the parties agree that any appointment under subparagraphs (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute. (f)â•‡Any vacancy shall be filled in the manner prescribed for the initial appointment.

194

PART I

(g)â•‡Parties in the same interest shall appoint one member of the tribunalÂ€ jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be smaller by one than the number of members of the tribunal to be appointed jointly by the parties. (h)â•‡In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible. 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: (a)â•‡provide it with all relevant documents, facilities and information; and (b)â•‡enable it when necessary to call witnesses or experts and receiveÂ€their evidence and to visit the localities to which the case relates. 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.

UN CONVENTION ON THE LAW OF THE SEA

195

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 tribunalÂ€or fails to defend its case, the other party may request the tribunal to 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.â•‡ Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award mayÂ€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.â•‡ Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.

196

PART I

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.â•‡ 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.â•‡ 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 Intergovernmental 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.â•‡ 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.â•‡ 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.â•‡ The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall

UN CONVENTION ON THE LAW OF THE SEA

197

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: (a)â•‡Subject to subparagraph (g), the special arbitral tribunal shall consist of five members. (b)â•‡The party instituting the proceedings shall appoint two members to be chosen preferably from the appropriate list or lists referred to in article 2 of this Annex relating to the matters in dispute, one of whom may be its national. The appointments shall be included in the notification referred to in article 1 of this Annex. (c)â•‡The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this Annex, appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national. If the appointments are not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in accordance with subparagraph (e). (d)â•‡The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period. (e)â•‡Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of the United Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs (c) and (d). The appointments referred to in this subparagraph shall be made from the appropriate list or lists of experts referred to in article 2 of this Annex and in consultation with the parties to the dispute and the appropriate international organization. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute. (f)â•‡Any vacancy shall be filled in the manner prescribed for the initial appointment.

198

PART I

(g)â•‡Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. (h)â•‡In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible. 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.â•‡ The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) 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.â•‡ 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.â•‡ 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.â•‡ 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

UN CONVENTION ON THE LAW OF THE SEA

199

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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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 decisionmaking.

200

PART I

5.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.â•‡ 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.

UN CONVENTION ON THE LAW OF THE SEA

201

2.â•‡ 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.â•‡ 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.â•‡ Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations. 3.â•‡ 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: (a)â•‡the instrument of formal confirmation or of accession of an international organization shall not be taken into account in the application of article 308, paragraph l; (b)â•‡(i)â•‡an international organization shall have exclusive capacity with respect to the application of articles 312 to 315, to the extent that it has competence under article 5 of this Annex over the entire subject-matter of the amendment; â•… (ii)â•‡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;

202

PART I

â•… (iii)â•‡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)â•‡(i)â•‡an international organization may not denounce this Convention in accordance with article 317 if any of its member States is a State Party and if it continues to fulfil the qualifications specified in article 1 of this Annex; â•… (ii)â•‡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.

UN CONVENTION ON THE LAW OF THE SEA

203

NOTE ON THE CONSOLIDATION OF PART XI AND ANNEX III OF THE CONVENTION AND THE AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE CONVENTION Part XI, and Annex III, of the Convention have been consolidated with the relevant provisions of the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea. This unofficial consolidation of Part XI and the Agreement has been prepared by the Office of Legal Affairs of the International Seabed Authority and was originally published by the Authority in 1998 (ISA/98/04). It in no way replaces the official texts of the Convention and the Agreement published by the United Nations (UN Publication, Sales No. E.97.V.10). In accordance with article 2 of the Agreement, the provisions of the Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the Agreement and Part XI, the provisions of the Agreement shall prevail. The text of the consolidation follows the order of Part XI of the Convention. Relevant provisions of the Agreement are inserted in the appropriate places in the text. Certain provisions of the Agreement affect more than one provision of Part XI and are therefore repeated in several places. In a number of instances, the Agreement states that a particular provision of Part XI “does not apply”. In such cases, so as not to interrupt the flow of the text, the provisions of Part XI which, pursuant to the Agreement, do not apply are indicated by an endnote reference and omitted from the main body of the text. For reference purposes, those provisions are, however, set out in full at the end of this note. In a number of cases, provisions contained in Part XI include crossreferences to other provisions of Part XI which, pursuant to the Agreement, no longer apply. Where this occurs, reference is made by means of a footnoteÂ€to the equivalent, or parallel, provision of the Agreement. The applicability, or otherwise, of the equivalent, or parallel, provision would be subject to article 2 of the Agreement. The annex to the Agreement does not follow the same order as Part XI of the Convention. Accordingly, in consolidating the provisions of the annex to the Agreement with the provisions of Part XI, it is not possible to set out the provisions of the annex to the Agreement sequentially. The entire text of the Agreement, in its original form as an annex to General Assembly resolution 48/263, is reproduced in Volume VI of this series, page 855 et seq.

204

PART I

a â•‡ The relevant parts of article 151 which, pursuant to Section 6, paragraph 7 of the annex to the Agreement, shall not apply, formerly read as follows: 1.â•‡ (a)â•‡Without prejudice to the objectives set forth in article 150 and for the purpose of implementing subparagraph (h) of that article, the Authority, acting through existing forums or such new arrangements or agreements as may be appropriate, in which all interested parties, including both producers and consumers, participate, shall take measures necessary to promote the growth, efficiency and stability of markets for those commodities produced from the minerals derived from the Area, at prices remunerative to producers and fair to consumers. All States Parties shall co-operate to this end. (b)â•‡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)â•‡The Authority shall carry out its obligations under the arrangements or agreements referred to in this paragraph in a manner which assures a uniform and non-discriminatory implementation in respect of all production in the Area of the minerals concerned. In doing so, the Authority shall act in a manner consistent with the terms of existing contracts and approved plans of work of the Enterprise. 2.â•‡(a)â•‡During the interim period specified in paragraph 3, commercial production shall not be undertaken pursuant to an approved plan of work until the operator has applied for and has been issued a production authorization by the Authority. Such production authorizations may not be applied for or issued more than five years prior to the planned commencement of commercial production under the plan of work unless, having regard to the nature and timing of project development, the rules, regulations and procedures of the Authority prescribe another period. (b)â•‡In the application for the 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)â•‡For the purposes of subparagraphs (a) and (b), the Authority shall establish appropriate performance requirements in accordance with Annex III, article 17. (d)â•‡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)â•‡When issued, the production authorization and approved application shall become a part of the approved plan of work. (f)â•‡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. 3.â•‡The interim period shall begin five years prior to 1 January of the year in which the earliest commercial production is planned to commence under an approved plan of work. If the earliest commercial production is delayed beyond the year originally planned, the beginning of the interim period and the production ceiling originally calculated shall be adjusted accordingly. The interim period shall last 25 years or until the end of the Review Conference referred to in article 155 or until the day when such new arrangements or agreements as are referred to in paragraph 1 enter into force, whichever is earliest. The Authority shall resume the power provided in this article for the remainder of the interim period if the said arrangements or agreements should lapse or become ineffective for any reason whatsoever. 4.â•‡ (a)â•‡ The production ceiling for any year of the interim period shall be the sum of: â•›â•›(i)â•‡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 sixty per cent of the difference between the trend line values for nickel (ii)â•‡ Â�consumption, as calculated pursuant to subparagraph (b), for the year for which

UN CONVENTION ON THE LAW OF THE SEA

205

the production authorization is being applied for and the year immediately prior to the year of the earliest commercial production. (b)â•‡ For the purposes of subparagraph (a): â•›â•›(i)â•‡trend line values used for computing the nickel production ceiling shall be those annual nickel consumption values on a trend line computed during the year in which a production 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 such data are available, time being the independent variable. This trend line shall be referred to as the original trend line; (ii)â•‡if the annual rate of increase of the original trend line is less than 3 per cent, then the trend line used to determine the quantities referred to in subparagraph (a) shall instead be one passing through the original trend line at the value for the first year of the relevant 15-year period, and increasing at 3 per cent annually; provided however that the production ceiling established for any year of the interim period may not in any case exceed the difference between the original trend line value for that year the original trend line value for the year immediately prior to the commencement of the interim period. 5.â•‡The Authority shall reserve to the Enterprise for its initial production a quantity of 38,000 metric tonnes of nickel from the available production ceiling calculated pursuant to paragraph 4. 6.â•‡ (a)â•‡An operator may in any year produce less than or up to 8 per cent more than the level of annual production of minerals from polymetallic nodules specified in his production authorization, provided that the overall amount of production shall not exceed that specified in the authorization. Any excess over 8 per cent and up to 20 per cent in any year, or any excess in the first and subsequent years following two consecutive years in which excesses occur, shall be negotiated with the Authority, which may require the operator to obtain a supplementary production authorization to cover additional production. (b)â•‡Applications for such 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 allowed under the production ceiling in any year of the interim period. It shall not authorize the production under any plan of work of a quantity in excess of 46,500 metric tonnes of nickel per year. 7.â•‡The levels of production of other metals such as copper, cobalt and manganese extracted from the polymetallic nodules that are recovered pursuant to a production authorization should not be higher than those which would have been produced had the operator produced the maximum level of nickel from those nodules pursuant to this article. The Authority shall establish rules, regulations and procedures pursuant to Annex III, article 17, to implement this paragraph. … 9.â•‡The Authority shall have the power to limit the level of production of minerals from the Area other than minerals from polymetallic nodules, under such conditions and applying such methods as may be appropriate by adopting regulations in accordance with article 161, paragraph 8.

b â•‡ The relevant parts of Article 155 which, pursuant to Section 4 of the annex to the Agreement, shall not apply, formerly read as follows: 1.â•‡Fifteen years from 1 January of the year in which the earliest commercial productionÂ€commences under an approved plan of work, the Assembly shall convene a conÂ� ference for the review of those provisions of this Part and the relevant Annexes which govern the system of exploration and exploitation of the resources of the Area. The Review Conference shall consider in detail, in the light of the experience acquired during that period: (a)â•‡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)â•‡whether during the 15-year period, reserved areas have been exploited in an effective and balanced manner in comparison with non-reserved areas;

206

PART I

(c)â•‡whether the development and use of the Area and its resources have been undertaken in such a manner as to foster healthy development of the world economy and balanced growth of international trade; (d)â•‡whether monopolization of activities in the Area has been prevented; (e)â•‡whether the policies set forth in articles 150 and 151 have been fulfilled; and (f)â•‡whether the system has resulted in the equitable sharing of benefits derived from activities in the Area, taking into particular consideration the interests and needs of the developing States. … 3.â•‡The decision-making procedure applicable at the Review Conference shall be the same as that applicable at the Third United Nations Conference on the Law of the Sea. The Conference shall make every effort to reach agreement on any amendments by way of consensus and there should be no voting on such matters until all efforts at achieving consensus have been exhausted. 4.â•‡If, five years after its commencement, the Review Conference has not reached agreement on the system of exploration and exploitation of the resources of the Area, it may decide during the ensuing 12 months, by a three-fourths majority of the States Parties, to adopt and submit to the States Parties for ratification or accession such amendments changing or modifying the system as it determines necessary and appropriate. Such amendments shall enter into force for all States Parties 12 months after the deposit of instruments of ratification or accession by three fourths of the States Parties. c â•‡ The relevant provisions of article 161 which, pursuant to Section 3, paragraph 8 of the annex to the Agreement, shall not apply, formerly read as follows: 1.â•‡The Council shall consist of 36 members of the Authority elected by the Assembly in the following order: (a)â•‡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)â•‡four members from among the eight States Parties which have the largest investmentsÂ€inÂ€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)â•‡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)â•‡six members from among developing States Parties, representing special interests. The special interests to be represented shall include those of States with large populations, States which are land-locked or geographically disadvantaged, States which are major importers of the categories of minerals to be derived from the Area, States which are potential producers of such minerals, and least developed States; (e)â•‡eighteen members elected according to the principle of ensuring an equitable geographical distribution of seats in the Council as a whole provided that each geographical region shall have at least one member elected under this subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern European (Socialist), Latin America and Western European and Others.… 8.â•‡â•›… (b)â•‡Decisions on questions of substance arising under the following provisionsshall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members of the Council: article 162, paragraph 2, subparagraphs (f); (g); (h); (i); (n); (p); (v); article 191. (c)â•‡Decisions on questions of substance arising under the following provisions shall be taken by a three-fourths majority of the members present and voting, provided that such majority includes a majority of the members of the Council: article 162, paragraph 1; article 162, paragraph 2, subparagraphs (a); (b); (c); (d); (e); (l); (q); (r); (s); (t); (u) in cases of non-compliance by a contractor or a sponsor; (w) provided that orders issued thereunder may be binding for not more than 30 days unless confirmed by a

UN CONVENTION ON THE LAW OF THE SEA

207

decision taken in accordance with subparagraph (d); article 162, paragraph 2, subparagraphs (x); (y); (z); article 163, paragraph 2; article 174, paragraph 3; Annex IV, article 11.

d â•‡ The relevant provisions of article 162 which, pursuant to Section 9, paragraphs 7 and 9 of the annex to the Agreement, shall not apply, formerly read as follows: 2.â•‡… (j)â•‡approve plans of work in accordance with Annex III, article 6. The Council shall act upon each plan of work within 60 days of its submission by the Legal and Technical Commission at a session of the Council in accordance with the following procedures: (i)â•‡if the Commission recommends the approval of a plan of work, it shall be deemed to have been approved by the Council if no member of the Council submits in writing to the President within 14 days a specific objection alleging non-compliance with the requirements of Annex III, article 6. If there is an objection, the conciliation procedure set forth in article 161, paragraph 8(e) shall apply. If at the end of the conciliation procedure, the objection is still maintained, the plan of work shall be deemed to have been approved by the Council unless the Council disapproves it by consensus among its members excluding any State or States making the application or sponsoring the applicant; (ii)â•‡if the Commission recommends the disapproval of a plan of work or does not make a recommendation, the Council may approve the plan of work by a threefourths majority of the members present and voting, provided that such majority includes a majority of the members participating in the session; … (q)â•‡make the selection from among applicants for production authorizations pursuant to Annex III, article 7, where such selection is required by that provision.

e â•‡The relevant provisions of article 165 which, pursuant to Section 6 of the annex to the Agreement, shall not apply, formerly read as follows: 2.â•‡… n)â•‡calculate the production ceiling and issue production authorizations on behalf of the Authority pursuant to article 151, paragraphs 2 to 7, following any necessary selection among applicants for production authorizations by the Council in accordance with Annex III, article 7.

f â•‡Article 5 of Annex III which, pursuant to Section 5, paragraph 2 of the annex to the Agreement, shall not apply, formerly read as follows: 1.â•‡When submitting a plan of work, every applicant shall make available to the Authority a general description of the equipment and methods to be used in carrying out activities in the Area, and other relevant non-proprietary information about the characteristics of such technology and information as to where such technology is available. 2.â•‡Every operator shall inform the Authority of revisions in the description and information made available pursuant to paragraph 1 whenever a substantial technological change or innovation is introduced. 3.â•‡Every contract for carrying out activities in the Area shall contain the following undertakings by the contractor: (a)â•‡to make available to the Enterprise on fair and reasonable commercial terms and conditions, whenever the Authority so requests, the technology which he uses in carrying out activities in the Area under the contract, which the contractor 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)â•‡to obtain a written assurance from the owner of any technology used in carrying out activities in the Area under the contract, which is not generally available on the open market and which is not covered by subparagraph (a), that the owner will, whenever the Authority so requests, make that technology available to the Enterprise under

208

PART I licence or other appropriate arrangements and on fair and reasonable commercial terms and conditions, to the same extent as made available to the contractor. If this assurance is not obtained, the technology in question shall not be used by the contractor in carrying out activities in the Area; (c)â•‡to acquire from the owner by means of an enforceable contract, upon the request of the Enterprise and if it is possible to do so without substantial cost to the contractor, the legal right to transfer to the Enterprise any technology used by the contractor, in carrying out activities in the Area under the contract, which the contractor is otherwise not legally entitled to transfer and which is not generally available on the open market. In cases where there is a substantial corporate relationship between the contractor and the owner of the technology, the closeness of this relationship and the degree of control or influence shall be relevant to the determination 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 from the owner the legal right shall be considered relevant to the contractor’s qualification for any subsequent application for approval of a plan of work; (d)â•‡to facilitate, upon the request of the Enterprise, the acquisition by the Enterprise of any technology covered by subparagraph (b), under licence or other appropriate arrangements and on fair and reasonable commercial terms and conditions, if the Enterprise decides to negotiate directly with the owner of the technology; (e)â•‡to take the same measures as are prescribed in subparagraphs (a), (b), (c) and (d) for the benefit of a developing State or group of developing States which has applied for a contract under article 9 of this Annex, provided that these measures shall be limited to the exploitation of the part of the area proposed by the contractor which has been reserved pursuant to article 8 of this Annex and provided that activities under the contract sought by the developing State or group of developing States would not involve transfer of technology to a third State or the nationals of a third State. The obligation under this provision shall only apply with respect to any given contractor where technology has not been requested by the Enterprise or transferred by that contractor to the Enterprise. 4.â•‡Disputes concerning undertakings required by paragraph 3, like other provisions of the contracts, shall be subject to compulsory settlement in accordance with Part XI and, in cases of violation of these undertakings, suspension or termination of the contract or monetary penalties may be ordered in accordance with article 18 of this Annex. Disputes as to whether offers made by the contractor are within the range of 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 finding is that the offer made by the contractor is not within the range of fair and reasonable commercial terms and conditions, the contractor shall be given 45 days to revise his offer to bring it within that range before the Authority takes any action in accordance with article 18 of this Annex. 5.â•‡If the Enterprise is unable to obtain on fair and reasonable commercial terms and conditions appropriate technology to enable it to commence in a timely manner the recovery and processing of minerals from the Area, either the Council or the Assembly may convene a group of States Parties composed of those which are engaged in activitiesÂ€in the Area, those which have sponsored entities which are engaged in activities in the Area and other States Parties having access to such technology. This group shall consult together and shall 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 all feasible measures to this end within its own legal system. 6.â•‡In the case of joint ventures with the Enterprise, transfer of technology will be in accordance with the terms of the joint venture agreement. 7.â•‡The undertakings required by paragraph 3 shall be included in each contract for the carrying out of activities in the Area until 10 years after the commencement of commercial production by the Enterprise, and may be invoked during that period. 8.â•‡For the purposes of this article, “technology” means the specialized equipment and technical know-how, including manuals, designs, operating instructions, training and technical advice and assistance, necessary to assemble, maintain and operate a viable system and the legal right to use these items for that purpose on a non-exclusive basis.

UN CONVENTION ON THE LAW OF THE SEA

209

g â•‡ The relevant provisions of articles 6 and 7 of Annex III, which, pursuant to Section 6, paragraph 7 of the annex to the Agreement shall not apply, formerly read as follows:

Article 6 Approval of plans of work … 5.â•‡Notwithstanding paragraph 3(a), after the end of the interim period specified in article 151, paragraph 3, the Authority may adopt by means of rules, regulations and procedures other procedures and criteria consistent with this Convention for deciding which applicants shall have plans of work approved in cases of selection among applicants for a proposed area. These procedures and criteria shall ensure approval of plans of work on an equitable and non-discriminatory basis. Article 7 Selection among applicants for production authorizations 1.â•‡Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration applications for production authorizations submitted during the immediately preceding period. The Authority shall issue the authorizations applied for if all such applications can be approved without exceeding the production limitation or contravening the obligations of the Authority under a commodity agreement or arrangement to which it has become a party, as provided in article 151. 2.â•‡When a selection must be made among applicants for production authorizations because ofÂ€the production limitation set forth in article 151, paragraphs 2 to 7, or because of the obligations of the Authority under a commodity agreement or arrangement to which it has become a party, as provided for in article 151, paragraph 1, the Authority shall make the selection on the basis of objective and non-discriminatory standards set forth in its rules, regulations and procedures. 3.â•‡In the application of paragraph 2, the Authority shall give priority to those applicants which: (a)â•‡give better assurance of performance, taking into account their financial and technical qualifications and their performance, if any, under previously approved plans of work; (b)â•‡provide earlier prospective financial benefits to the Authority, taking into account when commercial production is scheduled to begin; (c)â•‡have already invested the most resources and effort in prospecting or exploration. 4.â•‡Applicants which are not selected in any period shall have priority in subsequent periods until they receive a production authorization. 5.â•‡Selection shall be made taking into account the need to enhance opportunities for all States Parties, irrespective of their social and economic systems or geographical locations so as to avoid discrimination against any State or system, to participate in activities in the Area and to prevent monopolization of those activities. 6.â•‡Whenever fewer reserved areas than non-reserved areas are under exploitation, applications for production authorizations with respect to reserved areas shall have priority. 7.â•‡The decisions referred to in this article shall be taken as soon as possible after the close of each period. h â•‡ The relevant provisions of Article 13 of Annex III which, pursuant to Section 8, paragraph 2 of the annex to the Agreement, shall not apply, formerly read as follows: … 3.â•‡A contractor shall pay an annual fixed fee of $US 1 million from the date of entry into force of the contract. If the approved date of 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 date of commencement of commercial production, the contractor shall pay either the production charge or the annual fixed fee, whichever is greater. 4.â•‡Within a year of the date of commencement of commercial production, in conformity with paragraph 3, a contractor shall choose to make his financial contribution to the Authority by either:

210

PART I (a)â•‡ paying a production charge only; or (b)â•‡ paying a combination of a production charge and a share of net proceeds. 5.â•‡(a)â•‡If a contractor chooses to make his financial contribution to the Authority by paying a production charge only, it shall be fixed at a percentage of the market value of the processed metals produced from the polymetallic nodules recovered from the area covered by the contract. This percentage shall be fixed as follows: â•›â•›(i)â•‡ years 1–10 of commercial production 5 per cent (ii)â•‡ years 11 to the end of commercial production 12 per cent (b)â•‡The said market value shall be the product of the quantity of the processed metals produced from the polymetallic nodules extracted 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. 6.â•‡If a contractor chooses to make his financial contribution to the Authority by paying a combination of a production charge and a share of net proceeds, such payments shall be determined as follows: (a)â•‡The production charge shall be fixed at 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. This percentage shall be fixed as follows: â•›â•›(i)â•‡ first period of commercial production 2 per cent (ii)â•‡ 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 shall be 2 per cent instead of 4 per cent in that accounting year. (b)â•‡The said market value shall be the product of the quantity of the 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)â•‡â•›â•›â•›(i)â•‡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 mining of the resources of the area covered by the contract, referred to hereinafter as attributable net proceeds. (ii)â•‡The Authority’s share of attributable net proceeds shall be determined in accordance with following incremental schedule:

Portion of attributable Net proceeds Share of the Authority

Share of the Authority

First period of commercial production

Second period of commercial production

That portion representing a return on investment which is greater than 0 per cent, but less than 10 per cent

35 per cent

40 per cent

That portion representing a return on investment which is 10 per cent or greater, but les s than 20 per cent

42.5 per cent

50 per cent

That portion representing a return on investment which is 20 per cent or greater

50 per cent

70 per cent

UN CONVENTION ON THE LAW OF THE SEA

211

(d)â•‡ (i)â•‡The first period of commercial production referred to in subparagraphs (a) and (c) shall commence in the first accounting year of commercial production and terminate in the accounting year in which the contractor’s development costs with interest on the unrecovered portion thereof are fully recovered by his cash surplus, as follows: In the first accounting year during which development costs are incurred, unrecovered development costs shall equal the development cost 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 incurredÂ€in the current accounting year and less contractor’s cash surplus in the current accounting year. The accounting year in which unrecovered development costs become zero for the first time shall be the accounting year in which the contractor’s development costs with interest on the unrecovered portion thereof are fully recovered by his cash surplus. The contractor’s cash surplus in any accounting year shall be his gross proceeds less his operating costs and less his payments to the Authority under subparagraph (c). (ii)â•‡The second period of commercial production shall commence in the accounting year following the termination of the first period of commercial production and shall continue until the end of the contract. (e)â•‡“Attributable net proceeds” means the product of the contractor’s net proceeds and the ratio of development costs in the mining sector to the contractor’s development costs. If the contractor engages in mining, transporting polymetallic nodules and production primarily of three processed metals, namely, cobalt, copper and nickel, the amount of attributable net proceeds shall not be 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 mining, transporting polymetallic nodules, and production primarily of four processed metals, namely, cobalt, copper, manganese and nickel, the Authority may, in its rules, regulations and procedures, prescribe appropriate floors which shall bear the same relationship to each case as the 25 per cent floor does to the threemetal case. (f)â•‡“Contractor’s net proceeds” means the contractor’s gross proceeds less his operating costs and less the recovery of his development costs as set out in subparagraph (j). (g)â•‡ (i)â•‡If the contractor engages in mining, transporting polymetallic nodules and production of processed metals, “contractor’s gross proceeds” 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)â•‡In all cases other than those specified in subparagraphs (g)(i) and (n)(iii), “contractor’s gross proceeds” means the gross revenues from the sale of the semi-processed metals 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)â•‡ “Contractor’s development costs” means: (i)â•‡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 the activities related thereto for operations under the contract in all cases other than that specified in subparagraph (n), in conformity with generally recognized accounting principles, including, inter alia, costs of machinery, equipment, ships, processing plant, construction, buildings, land, roads, prospecting and exploration of the area covered by the contract, research and development, interest, required leases, licences and fees; and (ii)â•‡expenditures similar to those set forth in (i) above incurred subsequent to the commencement of commercial production and necessary to carry out the plan of work, except those chargeable to operating costs. (i)â•‡The proceeds from the disposal of capital assets and the market value of those capital assets which are no longer required for operations under the contract and which are 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 proceeds. (j)â•‡The contractor’s development costs incurred prior to the commencement of commercial production referred to subparagraphs (h)(i) and (n)(iv) shall be recovered in 10 equal

212

PART I

annual instalments from the date of commencement of commercial production. The contractor’s development costs incurred subsequent to the commencement of commercial production referred to in subparagraphs (h)(ii) and (n)(iv) shall be recovered in 10 or fewer equal annual installments so as to ensure their complete recovery by the end of the contract. (k)â•‡“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 the activities related thereto for operations under the contract, in conformity 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, utilities, 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 specified herein. 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 years. (l)â•‡If the contractor engages in mining, transporting of polymetallic nodules, and production of processed and semi-processed metals, “development costs of the mining sector” means the portion of the contractor’s development costs which is directly related to the mining of the resources of the area covered by the contract, in conformity with generally recognized accounting principles, and the financial rules, regulations and procedures of the Authority, including, inter alia, application fee, annual fixed fee and, where applicable, costs of prospecting and exploration of the area covered by the contract, and a portion of research and development costs. (m)â•‡“Return on investment” in any accounting year means ratio of attributable net proceeds in that year to the development costs of the mining sector. For the purpose of computing this ratio the development costs of the mining sector shall include expenditures on new or replacement equipment in the mining sector less the original cost of the equipment replaced. (n)â•‡ If the contractor engages in mining only: (i)â•‡“attributable net proceeds” means the whole of the contractor’s net proceeds; (ii)â•‡“contractor’s net proceeds” shall be as defined in subparagraph (f); (iii)â•‡“contractor’s gross proceeds” means the gross revenues from the sale of the polymetallic nodules, and any other monies deemed reasonably attributable to operations under the contract in accordance with the financial rules, regulations and procedures of the Authority; (iv)â•‡“contractor’s development costs” means all expenditures incurred prior to the commencement of commercial production as set forth in subparagraph (h)(i), and all expenditures incurred subsequent to the commencement of commercial production as set forth in subparagraph (h)(ii), which are directly related to the mining of the resources of the area covered by the contract, in conformity with generally recognized accounting principles; (v)â•‡“contractor’s operating costs” means the contractor’s operating costs as in subparagraph (k) which are directly related to the mining of the resources of the area covered by the contract in conformity with generally recognized accounting principles; (vi)â•‡“return on investment” in any accounting year means the ratio of the contractor’s net proceeds in that year to the contractor’s development costs. For the purpose of computing this ratio, the contractor’s development costs shall include expenditures on new or replacement equipment less the original cost of the equipment replaced. (o)â•‡The costs referred to in subparagraphs (h), (k), (l) and (n) in respect of interest paid by the contractor shall be allowed to the extent that, in all the circumstances, the Authority approves, pursuant to article 4, paragraph 1, of this Annex, the debt-equity ratio and the rates of interest as reasonable, having regard to existing commercial practice. (p)â•‡The costs referred to in this paragraph shall not be interpreted as including payments of corporate income taxes or similar charges levied by States in respect of the operations of the contractor. 7.â•‡(a)â•‡“Processed metals”, referred to in paragraphs 5 and 6, means the metals in the most basic form in which they are customarily traded on international terminal markets. For this purpose, the Authority shall specify, in its financial rules, regulations and procedures, the relevant international terminal market. For the metals which are not traded on such markets, “processed metals” means the metals in the most basic form in which they are customarily traded in representative arm’s length transactions.

UN CONVENTION ON THE LAW OF THE SEA

213

(b)â•‡If the Authority cannot otherwise determine the quantity of the processed metals produced from the polymetallic nodules recovered from the area covered by the contract referred to in paragraphs 5(b) and 6 (b), the quantity shall be determined on the basis of the metal content of the nodules, processing recovery efficiency and other relevant factors, in accordance with the rules, regulations and procedures of the Authority and in conformity with generally recognized accounting principles. 8.â•‡If an international terminal market provides a representative pricing mechanism for processed metals, polymetallic nodules and semi-processed metals from the nodules, the average price on that market shall be used. In all other cases, the Authority shall, after consulting the contractor, determine a fair price for the said products in accordance with paragraph 9. 9.â•‡(a)â•‡All costs, expenditures, proceeds and revenues and all determinations of price and value referred to in this article shall be the result of free market or arm’s length transactions. In the absence thereof, they shall be determined by the Authority, after consulting the contractor, as though they were the result of free market or arm’s length transactions, taking into account relevant transactions in other markets. (b)â•‡In order to ensure compliance with and enforcement of the provisions of this paragraph, the Authority shall be guided by the principles adopted for, and the interpretation given to, arm’s length transactions by the Commission on Transnational Corporations of the United Nations, the Group of Experts on Tax Treaties between Developing and Developed Countries and other international organizations, and shall, in its rules, regulations and procedures, specify uniform and internationally acceptable accounting rules and procedures, and the means of selection by the contractor of certified independent accountants acceptable to the Authority for the purpose of carrying out auditing in compliance with those rules, regulations and procedures. 10.â•‡The contractor shall make available to the accountants, in accordance with the financial rules, regulations and procedures of the Authority, such financial data as are required to determine compliance with this article. …

PART II

Fish Stocks Agreement

217

UNITED NATIONS

A

â•… General Assembly Distr. GENERAL

A/CONF.164/37 8 September 1995

ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON â•…STRADDLING FISH STOCKS AND â•…HIGHLY MIGRATORY FISH STOCKS Sixth session New York, 24 July-4 August 1995

218

PART II

AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS

Fish Stocks Agreement

219

AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS The States Parties to this Agreement, Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, Determined to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks, Resolved to improve cooperation between States to that end, Calling for more effective enforcement by flag States, port States and coastal States of the conservation and management measures adopted for such stocks, Seeking to address in particular the problems identified in chapter 17, programme area C, of Agenda 21 adopted by the United Nations Conference on Environment and Development, namely, that the management of high seasÂ€ fisheries is inadequate in many areas and that some resources are overutilized; noting that there are problems of unregulated fishing, overcapitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States, Committing themselves to responsible fisheries, Conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the risk of long-term or irreversible effects of fishing operations, Recognizing the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can participate effectively in the conservation, management and sustainable use of straddling fish stocks and highly migratory fish stocks, Convinced that an agreement for the implementation of the relevant provisions of the Convention would best serve these purposes and contribute to the maintenance of international peace and security,

220

PART II

Affirming that matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law, Have agreed as follows: PART I GENERAL PROVISIONS Article 1

Use of terms and scope 1.â•‡ For the purposes of this Agreement: (a)â•‡ “Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982; (b) “conservation and management measures” means measures to conserve and manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this Agreement; (c) “fish” includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and (d) “arrangement” means a cooperative mechanism established in Â� accordance with the Convention and this Agreement by two or more States for the purpose, inter alia, of establishing conservation and management measures in a subregion or region for one or more straddling fish stocks or highly migratory fish stocks. 2. (a) “States Parties” means States which have consented to be bound by this Agreement and for which the Agreement is in force. (b) This Agreement applies mutatis mutandis: (i)â•‡ to any entity referred to in article 305, paragraph 1 (c), (d) and (e), of the Convention and (ii)â•‡ subject to article 47, to any entity referred to as an “international organization” in Annex IX, article 1, of the Convention which becomes a Party to this Agreement, and to that extent “States Parties” refers to those entities.

Fish Stocks Agreement

221

3. This Agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas. Article 2

Objective The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention. Article 3

Application 1. Unless otherwise provided, this Agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas under national jurisdiction, except that articles 6 and 7 apply also to the conservation and management of such stocks within areas under national jurisdiction, subject to the different legal regimes that apply within areas under national jurisdiction and in areas beyond national jurisdiction as provided for in the Convention. 2. In the exercise of its sovereign rights for the purpose of exploring and exploiting, conserving and managing straddling fish stocks and highly migratory fish stocks within areas under national jurisdiction, the coastal State shall apply mutatis mutandis the general principles enumerated in article 5. 3. States shall give due consideration to the respective capacities of developing States to apply articles 5, 6 and 7 within areas under national jurisdiction and their need for assistance as provided for in this Agreement. To this end, Part VII applies mutatis mutandis in respect of areas under national jurisdiction. Article 4

Relationship between this Agreement and the Convention Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpretedÂ€ and applied in the context of and in a manner consistent with the Convention.

222

PART II

PART II CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS Article 5

General principles In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention: (a) adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilization; (b) ensure that such measures are based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing 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; (c) apply the precautionary approach in accordance with article 6; (d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent upon the target stocks; (e) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or associated with or dependent upon the target stocks, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened; (f) minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, (hereinafter referred to as non-target species) and impacts on associated or dependent species, in particular endangered species, through measures including, to the extent practicable, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques; (g) protect biodiversity in the marine environment; (h) take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources;

Fish Stocks Agreement

223

(i) take into account the interests of artisanal and subsistence fishers; (j) collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in Annex I, as well as information from national and international research programmes; (k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and (l) implement and enforce conservation and management measures through effective monitoring, control and surveillance. Article 6

Application of the precautionary approach 1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment. 2. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures. 3. In implementing the precautionary approach, States shall: (a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty; (b) apply the guidelines set out in Annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded; (c) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distribution of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socio-economic conditions; and (d) develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.

224

PART II

4. States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3 (b) to restore the stocks. 5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information. 6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the longterm sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries. 7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available. Article 7

Compatibility of conservation and management measures 1. Without prejudice to the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordance with the Convention: (a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall seek, either directly or through the appropriate mechanisms for cooperation provided for in Part III, to agree upon the measures necessary for the conservation of these stocks in the adjacent high seas area; (b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate, either directly or through the appropriate mechanisms for cooperation

Fish Stocks Agreement

225

provided for in Part III, with a view to ensuring conservation and promoting the objective of optimum utilization of such stocks throughout the region, both within and beyond the areas under national jurisdiction. 2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measures in respect of such stocks. In determining compatible conservation and management measures, States shall: (a) take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensure that measures established in respect of such stocks for the high seas do not undermine the effectiveness of such measures; (b) take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas; (c) take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or regional fisheries management organization or arrangement; (d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction; (e) take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and (f) ensure that such measures do not result in harmful impact on the living marine resources as a whole. 3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measures within a reasonable period of time. 4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provided for in Part VIII. 5. Pending agreement on compatible conservation and management measures, the States concerned, in a spirit of understanding and cooperation, shall

226

PART II

make every effort to enter into provisional arrangements of a practical nature. In the event that they are unable to agree on such arrangements, any of the States concerned may, for the purpose of obtaining provisional measures, submit the dispute to a court or tribunal in accordance with the procedures for the settlement of disputes provided for in Part VIII. 6. Provisional arrangements or measures entered into or prescribed pursuant to paragraph 5 shall take into account the provisions of this Part, shall have due regard to the rights and obligations of all States concerned, shall not jeopardize or hamper the reaching of final agreement on compatible conservation and management measures and shall be without prejudice to the final outcome of any dispute settlement procedure. 7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction. 8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for regulating the activities of vessels flying their flag which fish for such stocks on the high seas. PART III MECHANISMS FOR INTERNATIONAL COOPERATION CONCERNING STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS Article 8

Cooperation for conservation and management 1. Coastal States and States fishing on the high seas shall, in accordance with the Convention, pursue cooperation in relation to straddling fish stocks and highly migratory fish stocks either directly or through appropriate subregional or regional fisheries management organizations or arrangements, taking into account the specific characteristics of the subregion or region, to ensure effective conservation and management of such stocks. 2. States shall enter into consultations in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly

Fish Stocks Agreement

227

migratory fish stocks concerned may be under threat of over-exploitation or where a new fishery is being developed for such stocks. To this end, consultations may be initiated at the request of any interested State with a view to establishing appropriate arrangements to ensure conservation and management of the stocks. Pending agreement on such arrangements,Â€States shall observe the provisions of this Agreement and shall act in good faith and with due regard to the rights, interests and duties of other States. 3. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for particular straddling fish stocks or highly migratory fish stocks, States fishing for the stocks on the high seas and relevant coastal States shall give effect to their duty to cooperate by becoming members of such organization or participants in such arrangement, or by agreeing to apply the conservation and management measures established by such organization or arrangement. States having a real interest in the fisheries concerned may become members of such organization or participants in such arrangement. The terms of participation in such organization or arrangement shall not preclude such States from membership or participation; nor shall they be applied in a manner which discriminates against any State or group of States having a real interest in the fisheries concerned. 4. Only those States which are members of such an organization or participants in such an arrangement, or which agree to apply the conservation and management measures established by such organization or arrangement,Â€ shall have access to the fishery resources to which those measures apply. 5. Where there is no subregional or regional fisheries management organization or arrangement to establish conservation and management measures for a particular straddling fish stock or highly migratory fish stock, relevant coastal States and States fishing on the high seas for such stock in the subregion or region shall cooperate to establish such an organization or enter into other appropriate arrangements to ensure conservation and management of such stock and shall participate in the work of the organization or arrangement. 6. Any State intending to propose that action be taken by an intergovernÂ� mental organization having competence with respect to living resources should, where such action would have a significant effect on conservation and management measures already established by a competent subregional or regional fisheries management organization or arrangement, consult through that organization or arrangement with its members or participants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovernmental organization.

228

PART II

Article 9

Subregional and regional fisheries management organizations and arrangements 1. In establishing subregional or regional fisheries management organizations or in entering into subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, States shall agree, inter alia, on: (a) the stocks to which conservation and management measures apply, taking into account the biological characteristics of the stocks concerned and the nature of the fisheries involved; (b) the area of application, taking into account article 7, paragraph 1, and the characteristics of the subregion or region, including socio-economic, geographical and environmental factors; (c) the relationship between the work of the new organization or arrangement and the role, objectives and operations of any relevant existing fisheries management organizations or arrangements; and (d) the mechanisms by which the organization or arrangement will obtain scientific advice and review the status of the stocks, including, where appropriate, the establishment of a scientific advisory body. 2. States cooperating in the formation of a subregional or regional fisheries management organization or arrangement shall inform other States which they are aware have a real interest in the work of the proposed organization or arrangement of such cooperation. Article 10

Functions of subregional and regional fisheries management organizations and arrangements In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall: (a) agree on and comply with conservation and management measures to ensure the long-term sustainability of straddling fish stocks and highly migratory fish stocks; (b) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort; (c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations;

Fish Stocks Agreement

229

(d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species; (e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks; (f) compile and disseminate accurate and complete statistical data, as described in Annex I, to ensure that the best scientific evidence is available, while maintaining confidentiality where appropriate; (g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof; (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; (i) agree on means by which the fishing interests of new members of the organization or new participants in the arrangement will be accommodated; (j) agree on decision-making procedures which facilitate the adoption of conservation and management measures in a timely and effective manner; (k) promote the peaceful settlement of disputes in accordance with Part VIII; (l) ensure the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the organization or arrangement; and (m) give due publicity to the conservation and management measures established by the organization or arrangement. Article 11

New members or participants In determining the nature and extent of participatory rights for new members of a subregional or regional fisheries management organization, or for new participants in a subregional or regional fisheries management arrangement, States shall take into account, inter alia: (a) the status of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery; (b) the respective interests, fishing patterns and fishing practices of new and existing members or participants;

230

PART II

(c) the respective contributions of new and existing members or participants to conservation and management of the stocks, to the collection and provision of accurate data and to the conduct of scientific research on the stocks; (d) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks; (e) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources; and (f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occur. Article 12

Transparency in activities of subregional and regional fisheries management organizations and arrangements 1. States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organizations and arrangements. 2. Representatives from other intergovernmental organizations and representatives from non-governmental organizations concerned with straddlingÂ€ fish stocks and highly migratory fish stocks shall be afforded the opportunity to take part in meetings of subregional and regional fisheries management organizations and arrangements as observers or otherwise, as appropriate, in accordance with the procedures of the organization or arrangement concerned. Such procedures shall not be unduly restrictiveÂ€inÂ€this respect. Such intergovernmental organizations and non-governmental organizations shall have timely access to the records and reports of such organizations and arrangements, subject to the procedural rules on access to them. Article 13

Strengthening of existing organizations and arrangements States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements in order to improve their effectiveness in establishing and implementing conservation and management measures for straddling fish stocks and highly migratory fish stocks.

Fish Stocks Agreement

231

Article 14

Collection and provision of information and cooperation in scientific research 1. States shall ensure that fishing vessels flying their flag provide such information as may be necessary in order to fulfil their obligations under this Agreement. To this end, States shall in accordance with Annex I: (a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks; (b) ensure that data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfil the requirements of subregional or regional fisheries management organizations or arrangements; and (c) take appropriate measures to verify the accuracy of such data. 2. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements: (a) to agree on the specification of data and the format in which they are to be provided to such organizations or arrangements, taking into account the nature of the stocks and the fisheries for those stocks; and (b) to develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish stocks and highly migratory fish stocks. 3. Consistent with Part XIII of the Convention, States shall cooperate, either directly or through competent international organizations, to strengthen scientific research capacity in the field of fisheries and promote scientific research related to the conservation and management of straddling fish stocks and highly migratory fish stocks for the benefit of all. To this end, a State or the competent international organization conducting such research beyond areas under national jurisdiction shall actively promote the publication and dissemination to any interested States of the results of that research and information relating to its objectives and methods and, to the extent practicable, shall facilitate the participation of scientists from those States in such research. Article 15

Enclosed and semi-enclosed seas In implementing this Agreement in an enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea and shall also act

232

PART II

in a manner consistent with Part IX of the Convention and other relevant provisions thereof. Article 16

Areas of high seas surrounded entirely by an area under the national jurisdiction of a single State 1. States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the nationalÂ€jurisdiction of a single State and the latter State shall cooperate to establish conservation and management measures in respect of those stocks in the high seas area. Having regard to the natural characteristics of the area, States shall pay special attention to the establishment of compatible conservation and management measures for such stocks pursuant to article 7. Measures taken in respect of the high seas shall take into account the rights, duties and interests of the coastal State under the Convention, shall be based on the best scientific evidence available and shall also take into account any conservation and management measures adopted and applied in respect of the same stocks in accordance with article 61 of the Convention by the coastal State in the area under national jurisdiction. States shall also agree on measures for monitoring, control, surveillance and enforcement to ensure compliance with the conservation and management measures in respect of the high seas. 2. Pursuant to article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in the carrying out of fishing operations in the area referred to in paragraph 1. If, within a reasonable period of time, the fishing States concerned and the coastal State are unable to agree on such measures, they shall, having regard to paragraph 1, apply article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or measures. Pending the establishment of such provisional arrangements or measures, the States concerned shall take measures in respect of vessels flying their flag in order that they not engage in fisheries which could undermine the stocks concerned. PART IV NON-MEMBERS AND NON-PARTICIPANTS Article 17

Non-members of organizations and non-participants in arrangements 1. A State which is not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional

Fish Stocks Agreement

233

fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures established by such organization or arrangement, is not discharged from the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of the relevant straddling fish stocks and highly migratory fish stocks. 2. Such State shall not authorize vessels flying its flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which are subject to the conservation and management measures established by such organization or arrangement. 3. States which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement shall, individually or jointly, request the fishing entities referred to in article 1, paragraph 3, which have fishing vessels in the relevant area to cooperate fully with such organization or arrangement in implementing the conservation and management measures it has established, with a view to having such measures applied de facto as extensively as possible to fishing activities in the relevant area. Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks. 4. States which are members of such organization or participants in such arrangement shall exchange information with respect to the activities of fishing vessels flying the flags of States which are neither members of the organization nor participants in the arrangement and which are engaged in fishing operations for the relevant stocks. They shall take measures consistent with this Agreement and international law to deter activities of such vessels which undermine the effectiveness of subregional or regional conservation and management measures. PART V DUTIES OF THE FLAG STATE Article 18

Duties of the flag State 1. A State whose vessels fish on the high seas shall take such measures as may be necessary to ensure that vessels flying its flag comply with subregional and regional conservation and management measures and that such vessels do not engage in any activity which undermines the effectiveness of such measures.

234

PART II

2. A State shall authorize the use of vessels flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in respect of such vessels under the Convention and this Agreement. 3. Measures to be taken by a State in respect of vessels flying its flag shall include: (a) control of such vessels on the high seas by means of fishing licences, authorizations or permits, in accordance with any applicable procedures agreed at the subregional, regional or global level; (b) establishment of regulations: (i)â•‡ to apply terms and conditions to the licence, authorization or permit sufficient to fulfil any subregional, regional or global obligations of the flag State; (ii)â•‡ to prohibit fishing on the high seas by vessels which are not duly licensed or authorized to fish, or fishing on the high seas by vessels otherwise than in accordance with the terms and conditions of a licence, authorization or permit; (iii)â•‡ to require vessels fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on demand for inspection by a duly authorized person; and (iv)â•‡ to ensure that vessels flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States; (c) establishment of a national record of fishing vessels authorized to fish on the high seas and provision of access to the information contained in that record on request by directly interested States, taking into account any national laws of the flag State regarding the release of such information; (d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear marking systems, such as the Food and Agriculture Organization of the United Nations Standard Specifications for the Marking and Identification of Fishing Vessels; (e) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data in accordance with subregional, regional and global standards for collection of such data; (f) requirements for verifying the catch of target and non-target species through such means as observer programmes, inspection schemes, unloading reports, supervision of transshipment and monitoring of landed catches and market statistics;

Fish Stocks Agreement

235

(g) monitoring, control and surveillance of such vessels, their fishing operations and related activities by, inter alia: (i)â•‡ the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuant to articles 21 and 22, including requirements for such vessels to permit access by duly authorized inspectors from other States; (ii)â•‡ the implementation of national observer programmes and subregional and regional observer programmes in which the flag State is a participant, including requirements for such vessels to permit access by observers from other States to carry out the functions agreed under the programmes; and (iii)â•‡ the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned; (h) regulation of transshipment on the high seas to ensure that the effectiveness of conservation and management measures is not undermined; and (i) regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at minimizing catches of non-target species. 4. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensure that the measures they impose on vessels flying their flag are compatible with that system. PART VI COMPLIANCE AND ENFORCEMENT Article 19

Compliance and enforcement by the flag State 1. A State shall ensure compliance by vessels flying its flag with subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. To this end, that State shall: (a) enforce such measures irrespective of where violations occur; (b) investigate immediately and fully any alleged violation of subregional or regional conservation and management measures, which may include the physical inspection of the vessels concerned, and report promptly to the State

236

PART II

alleging the violation and the relevant subregional or regional organization or arrangement on the progress and outcome of the investigation; (c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations and related activities in the area of an alleged violation; (d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordance with its laws and, where appropriate, detain the vessel concerned; and (e) ensure that, where it has been established, in accordance with its laws, a vessel has been involved in the commission of a serious violation of such measures, the vessel does not engage in fishing operations on the high seas until such time as all outstanding sanctions imposed by the flag State in respect of the violation have been complied with. 2. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and shall deprive offenders of the benefits accruing from their illegal activities. Measures applicable in respect of masters and other officers of fishing vessels shall include provisions which may permit, inter alia, refusal, withdrawal or suspension of authorizations to serve as masters or officers on such vessels. Article 20

International cooperation in enforcement 1. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and enforcement of subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. 2. A flag State conducting an investigation of an alleged violation of conservation and management measures for straddling fish stocks or highly migratory fish stocks may request the assistance of any other State whose cooperation may be useful in the conduct of that investigation. All States shall endeavour to meet reasonable requests made by a flag State in connection with such investigations. 3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organization or arrangement. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation.

Fish Stocks Agreement

237

4. States shall assist each other in identifying vessels reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measures. 5. States shall, to the extent permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other States evidence relating to alleged violations of such measures. 6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorized fishing within an area under the jurisdiction of a coastal State, the flag State of that vessel, at the request of the coastal State concerned, shall immediately and fully investigate the matter. The flag State shall cooperate with the coastal State in taking appropriate enforcement action in such cases and may authorize the relevant authorities of the coastal State to board and inspect the vessel on the high seas. This paragraph is without prejudice to article 111 of the Convention. 7. States Parties which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement may take action in accordance with international law, including through recourse to subregional or regional procedures established for this purpose, to deter vessels which have engaged in activities which undermine the effectiveness of or otherwise violate the conservation and management measures established by that organization or arrangement from fishing on the high seas in the subregion or region until such time as appropriate action is taken by the flag State. Article 21

Subregional and regional cooperation in enforcement 1. In any high seas area covered by a subregional or regional fisheries management organization or arrangement, a State Party which is a member of such organization or a participant in such arrangement may, through its duly authorized inspectors, board and inspect, in accordance with paragraph 2, fishing vessels flying the flag of another State Party to this Agreement, whether or not such State Party is also a member of the organization or a participant in the arrangement, for the purpose of ensuring compliance with conservation and management measures for straddling fish stocks and highly migratory fish stocks established by that organization or arrangement. 2. States shall establish, through subregional or regional fisheries management organizations or arrangements, procedures for boarding and inspection pursuant to paragraph 1, as well as procedures to implement other provisionsÂ€of this article. Such procedures shall be consistent with this article and the basic procedures set out in article 22 and shall not discriminate against non-members of the organization or non-participants in the arrangement. Boarding and inspection as well as any subsequent enforcement action shall

238

PART II

be conducted in accordance with such procedures. States shall give due publicity to procedures established pursuant to this paragraph. 3. If, within two years of the adoption of this Agreement, any organization or arrangement has not established such procedures, boarding and inspection pursuant to paragraph 1, as well as any subsequent enforcement action, shall, pending the establishment of such procedures, be conducted in accordance with this article and the basic procedures set out in article 22. 4. Prior to taking action under this article, inspecting States shall, either directly or through the relevant subregional or regional fisheries managementÂ€organization or arrangement, inform all States whose vessels fish on the high seas in the subregion or region of the form of identification issued to their duly authorized inspectors. The vessels used for boarding and inspection shall be clearly marked and identifiable as being on government service. At the time of becoming a Party to this Agreement, a State shall designate an appropriate authority to receive notifications pursuant to this article and shall give due publicity of such designation through the relevant subregional or regional fisheries management organization or arrangement. 5. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has engaged in any activity contrary to the conservation and management measures referred to in paragraph 1, the inspecting State shall, where appropriate, secure evidence and shall promptly notify the flag State of the alleged violation. 6. The flag State shall respond to the notification referred to in paragraph 5 within three working days of its receipt, or such other period as may be prescribed in procedures established in accordance with paragraph 2, and shall either: (a) fulfil, without delay, its obligations under article 19 to investigate and, if evidence so warrants, take enforcement action with respect to the vessel, in which case it shall promptly inform the inspecting State of the results of the investigation and of any enforcement action taken; or (b) authorize the inspecting State to investigate. 7. Where the flag State authorizes the inspecting State to investigate an alleged violation, the inspecting State shall, without delay, communicate the results of that investigation to the flag State. The flag State shall, if evidence so warrants, fulfil its obligations to take enforcement action with respect to the vessel. Alternatively, the flag State may authorize the inspecting State to take such enforcement action as the flag State may specify with respect to the vessel, consistent with the rights and obligations of the flag State under this Agreement.

Fish Stocks Agreement

239

8. Where, following boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has either failed to respond or failed to take action as required under paragraphs 6 or 7, the inspectors may remain on board and secure evidence and may require the master to assist in further investigation including, where appropriate, by bringing the vessel without delay to the nearest appropriate port, or to such other port as may be specified in procedures established in accordance with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port to which the vessel is to proceed. The inspecting State and the flag State and, as appropriate, the port State shall take all necessary steps to ensure the well-being of the crew regardless of their nationality. 9. The inspecting State shall inform the flag State and the relevant organization or the participants in the relevant arrangement of the results of any further investigation. 10.â•‡The inspecting State shall require its inspectors to observe generally accepted international regulations, procedures and practices relating to the safety of the vessel and the crew, minimize interference with fishing operations and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board. The inspecting State shall ensure that boarding and inspection is not conducted in a manner that would constitute harassment of any fishing vessel. 11.â•‡ For the purposes of this article, a serious violation means: (a)â•‡ fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3 (a); (b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organization or arrangement, or serious misreporting of catch, contrary to the catch reporting requirements of such organization or arrangement; (c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established by the relevant subregional or regional fisheries management organization or arrangement; (d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; (e) using prohibited fishing gear; (f) falsifying or concealing the markings, identity or registration of a fishing vessel;

240

PART II

(g) concealing, tampering with or disposing of evidence relating to an investigation; (h) multiple violations which together constitute a serious disregard of conservation and management measures; or (i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement. 12.â•‡Notwithstanding the other provisions of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect to an alleged violation. Where the vessel is under the direction of the inspecting State, the inspecting State shall, at the request of the flag State, release the vessel to the flag State along with full information on the progress and outcome of its investigation. 13.â•‡This article is without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws. 14.â•‡This article applies mutatis mutandis to boarding and inspection by a State Party which is a member of a subregional or regional fisheries management organization or a participant in a subregional or regional fisheries management arrangement and which has clear grounds for believing that a fishing vessel flying the flag of another State Party has engaged in any activity contrary to relevant conservation and management measures referred to in paragraph 1 in the high seas area covered by such organization or arrangement, and such vessel has subsequently, during the same fishing trip, entered into an area under the national jurisdiction of the inspecting State. 15.â•‡ Where a subregional or regional fisheries management organization or arrangement has established an alternative mechanism which effectivelyÂ€ discharges the obligation under this Agreement of its members or participants to ensure compliance with the conservation and management measures established by the organization or arrangement, members of such organization or participants in such arrangement may agree to limit the application of paragraph 1 as between themselves in respect of the conservation and management measures which have been established in the relevant high seas area. 16.â•‡ Action taken by States other than the flag State in respect of vessels having engaged in activities contrary to subregional or regional conservation and management measures shall be proportionate to the seriousness of the violation. 17.â•‡ Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the

Fish Stocks Agreement

241

vessel. Where evidence so warrants, the State may take such action as may be appropriate in accordance with international law. 18.â•‡States shall be liable for damage or loss attributable to them arising from action taken pursuant to this article when such action is unlawful or exceeds that reasonably required in the light of available information to implement the provisions of this article. Article 22

Basic procedures for boarding and inspection pursuant to article 21 1. The inspecting State shall ensure that its duly authorized inspectors: (a) present credentials to the master of the vessel and produce a copy of the text of the relevant conservation and management measures or rules and regulations in force in the high seas area in question pursuant to those measures; (b) initiate notice to the flag State at the time of the boarding and inspection; (c) do not interfere with the master’s ability to communicate with the authorities of the flag State during the boarding and inspection; (d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting therein any objection or statement which the master wishes to have included in the report; (e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and (f) avoid the use of force except when and to the degree necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the execution of their duties. The degree of force used shall not exceed that reasonably required in the circumstances. 2. The duly authorized inspectors of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the relevant conservation and management measures. 3. The flag State shall ensure that vessel masters: (a) accept and facilitate prompt and safe boarding by the inspectors; (b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures;

242

PART II

(c) do not obstruct, intimidate or interfere with the inspectors in the performance of their duties; (d) allow the inspectors to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection; (e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspectors; and (f) facilitate safe disembarkation by the inspectors. 4. In the event that the master of a vessel refuses to accept boarding and inspection in accordance with this article and article 21, the flag State shall, except in circumstances where, in accordance with generally accepted international regulations, procedures and practices relating to safety at sea, it is necessary to delay the boarding and inspection, direct the master of the vessel to submit immediately to boarding and inspection and, if the master does not comply with such direction, shall suspend the vessel’s authorization to fish and order the vessel to return immediately to port. The flag State shall advise the inspecting State of the action it has taken when the circumstances referred to in this paragraph arise. Article 23

Measures taken by a port State 1. A port State has the right and the duty to take measures, in accordance with international law, to promote the effectiveness of subregional, regional and global conservation and management measures. When taking such measures a port State shall not discriminate in form or in fact against the vessels of any State. 2. A port State may, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its offshore terminals. 3. States may adopt regulations empowering the relevant national authorities to prohibit landings and transshipments where it has been established that the catch has been taken in a manner which undermines the effectiveness of subregional, regional or global conservation and management measures on the high seas. 4. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law.

Fish Stocks Agreement

243

PART VII REQUIREMENTS OF DEVELOPING STATES Article 24

Recognition of the special requirements of developing States 1. States shall give full recognition to the special requirements of developing States in relation to conservation and management of straddling fish stocks and highly migratory fish stocks and development of fisheries for such stocks. To this end, States shall, either directly or through the United Nations Development Programme, the Food and Agriculture Organization of the United Nations and other specialized agencies, the Global Environment Facility, the Commission on Sustainable Development and other appropriate international and regional organizations and bodies, provide assistance to developing States. 2. In giving effect to the duty to cooperate in the establishment of conservation and management measures for straddling fish stocks and highly migratory fish stocks, States shall take into account the special requirements of developing States, in particular: (a) the vulnerability of developing States which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirements of their populations or parts thereof; (b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and women fishworkers, as well as indigenous people in developing States, particularly small island developing States; and (c) the need to ensure that such measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developing States. Article 25

Forms of cooperation with developing States 1. States shall cooperate, either directly or through subregional, regional or global organizations: (a) to enhance the ability of developing States, in particular the leastdeveloped among them and small island developing States, to conserve and

244

PART II

manage straddling fish stocks and highly migratory fish stocks and to develop their own fisheries for such stocks; (b) to assist developing States, in particular the least-developed among them and small island developing States, to enable them to participate in high seas fisheries for such stocks, including facilitating access to such fisheries subject to articles 5 and 11; and (c) to facilitate the participation of developing States in subregional and regional fisheries management organizations and arrangements. 2. Cooperation with developing States for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, including through joint venture arrangements, and advisory and consultative services. 3. Such assistance shall, inter alia, be directed specifically towards: (a) improved conservation and management of straddling fish stocks and highly migratory fish stocks through collection, reporting, verification, exchange and analysis of fisheries data and related information; (b) stock assessment and scientific research; and (c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment. Article 26

Special assistance in the implementation of this Agreement 1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be parties. 2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arrangements, or in strengthening existing organizations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks.

Fish Stocks Agreement

245

PART VIII PEACEFUL SETTLEMENT OF DISPUTES Article 27

Obligation to settle disputes by peaceful means States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Article 28

Prevention of disputes States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures within subregional and regional fisheries management organizations and arrangements and shall strengthen existing decision-making procedures as necessary. Article 29

Disputes of a technical nature Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes. Article 30

Procedures for the settlement of disputes 1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention. 2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any

246

PART II

dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention. 3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part. 4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of disputes under this Part. 5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stocks concerned. Article 31

Provisional measures 1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature. 2. Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the circumstances referred to in article 7, paragraph 5, and article 16, paragraph 2. 3. A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the International Tribunal for the Law of the Sea shall not be entitled to

Fish Stocks Agreement

247

prescribe, modify or revoke provisional measures without the agreement of such State. Article 32

Limitations on applicability of procedures for the settlement of disputes Article 297, paragraph 3, of the Convention applies also to this Agreement. PART IX NON-PARTIES TO THIS AGREEMENT Article 33

Non-parties to this Agreement 1. States Parties shall encourage non-parties to this Agreement to become parties thereto and to adopt laws and regulations consistent with its provisions. 2. States Parties shall take measures consistent with this Agreement and international law to deter the activities of vessels flying the flag of non-parties which undermine the effective implementation of this Agreement. PART X GOOD FAITH AND ABUSE OF RIGHTS Article 34

Good faith and abuse of rights States Parties shall fulfil in good faith the obligations assumed under this Agreement and shall exercise the rights recognized in this Agreement in a manner which would not constitute an abuse of right. Part XI RESPONSIBILITY AND LIABILITY Article 35

Responsibility and liability States Parties are liable in accordance with international law for damage or loss attributable to them in regard to this Agreement.

248

PART II

PART XII REVIEW CONFERENCE Article 36

Review conference 1. Four years after the date of entry into force of this Agreement, the Secretary-General of the United Nations shall convene a conference with a view to assessing the effectiveness of this Agreement in securing the conservation and management of straddling fish stocks and highly migratory fish stocks. The Secretary-General shall invite to the conference all States Parties and those States and entities which are entitled to become parties to this Agreement as well as those intergovernmental and non-governmental organizations entitled to participate as observers. 2. The conference shall review and assess the adequacy of the provisions of this Agreement and, if necessary, propose means of strengthening the substance and methods of implementation of those provisions in order better to address any continuing problems in the conservation and management of straddling fish stocks and highly migratory fish stocks. PART XIII FINAL PROVISIONS Article 37

Signature This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at United Nations Headquarters for twelve months from the fourth of December 1995. Article 38

Ratification This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Fish Stocks Agreement

249

Article 39

Accession This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 40

Entry into force 1. This Agreement shall enter into force 30 days after the date of deposit of the thirtieth instrument of ratification or accession. 2. For each State or entity which ratifies the Agreement or accedes thereto after the deposit of the thirtieth instrument of ratification or accession, this Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession. Article 41

Provisional application 1. This Agreement shall be applied provisionally by a State or entity which consents to its provisional application by so notifying the depositary in writing. Such provisional application shall become effective from the date of receipt of the notification. 2. Provisional application by a State or entity shall terminate upon the entry into force of this Agreement for that State or entity or upon notification by that State or entity to the depositary in writing of its intention to terminate provisional application. Article 42

Reservations and exceptions No reservations or exceptions may be made to this Agreement. Article 43

Declarations and statements Article 42 does not preclude a State or entity, when signing, ratifying or acceding to this Agreement, from making declarations or statements,

250

PART II

however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or entity. Article 44

Relation to other agreements 1. This Agreement shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Agreement and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement. 2. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Agreement, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Agreement, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement. 3. States Parties intending to conclude an agreement referred to in paragraph 2 shall notify the other States Parties through the depositary of this Agreement of their intention to conclude the agreement and of the modification or suspension for which it provides. Article 45

Amendment 1. A State Party may, by written communication addressed to the SecretaryGeneral of the United Nations, propose amendments to this Agreement and request the convening of a conference to consider such proposed amendments. The Secretary-General shall circulate such communication to all States Parties. If, within six 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. 2. The decision-making procedure applicable at the amendment conference convened pursuant to paragraph 1 shall be the same as that applicable at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, unless otherwise decided by the conference. The conference should make every effort to reach agreement on any amendments by way of

Fish Stocks Agreement

251

consensus and there should be no voting on them until all efforts at consensus have been exhausted. 3. Once adopted, amendments to this Agreement shall be open for signature at United Nations Headquarters by States Parties for twelve months from the date of adoption, unless otherwise provided in the amendment itself. 4. Articles 38, 39, 47 and 50 apply to all amendments to this Agreement. 5. Amendments to this Agreement shall enter into force for the States Parties ratifying or acceding to them on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties. Thereafter, for each State Party ratifying or acceding to an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession. 6. An amendment may provide that a smaller or a larger number of ratifications or accessions shall be required for its entry into force than are required by this article. Of amendments in accordance with paragraph 5 shall, failing an expression of a different intention by that State: (a) be considered as a Party to this Agreement as so amended; and (b) be considered as a Party to the unamended Agreement in relation to any State Party not bound by the amendment. Article 46

Denunciation 1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement and may indicate its reasons. 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. 2. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Agreement to which it would be subject under international law independently of this Agreement. Article 47

Participation by international organizations 1. In cases where an international organization referred to in Annex IX, article 1, of the Convention does not have competence over all the matters

252

PART II

governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such international organization in this Agreement, except that the following provisions of that Annex shall not apply: (a) article 2, first sentence; and (b) article 3, paragraph 1. 2. In cases where an international organization referred to in Annex IX, article 1, of the Convention has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by such international organization in this Agreement: (a) at the time of signature or accession, such international organization shall make a declaration stating: (i)â•‡ that it has competence over all the matters governed by this Agreement; (ii)â•‡ that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the international organization has no responsibility; and (iii)â•‡ that it accepts the rights and obligations of States under this Agreement; (b) participation of such an international organization shall in no case confer any rights under this Agreement on member States of the international organization; (c) in the event of a conflict between the obligations of an international organization under this Agreement and its obligations under the agreement establishing the international organization or any acts relating to it, the obligations under this Agreement shall prevail. Article 48

Annexes 1. The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement or to one of its Parts includes a reference to the Annexes relating thereto. 2. The Annexes may be revised from time to time by States Parties. Such revisions shall be based on scientific and technical considerations. Notwithstanding the provisions of article 45, if a revision to an Annex is adopted by consensus at a meeting of States Parties, it shall be incorporated in this Agreement and shall take effect from the date of its adoption or from such other date as may be specified in the revision. If a revision to an Annex is not

Fish Stocks Agreement

253

adopted by consensus at such a meeting, the amendment procedures set out in article 45 shall apply. Article 49

Depositary The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto. Article 50

Authentic texts The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine hundred and ninety-five, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages.

ANNEX I STANDARD REQUIREMENTS FOR THE COLLECTION AND SHARING OF DATA Article 1

General principles 1. The timely collection, compilation and analysis of data are fundamental to the effective conservation and management of straddling fish stocks and highly migratory fish stocks. To this end, data from fisheries for these stocks on the high seas and those in areas under national jurisdiction are required and should be collected and compiled in such a way as to enable statistically meaningful analysis for the purposes of fishery resource conservation and management. These data include catch and fishing effort statistics and other fishery-related information, such as vessel-related and other data for standardizing fishing effort. Data collected should also include information on non-target and associated or dependent species. All data should be verified to ensure accuracy. Confidentiality of non-aggregated data shall be maintained.

254

PART II

The dissemination of such data shall be subject to the terms on which they have been provided. 2. Assistance, including training as well as financial and technical assistance, shall be provided to developing States in order to build capacity in the field of conservation and management of living marine resources. Assistance should focus on enhancing capacity to implement data collection and verification, observer programmes, data analysis and research projects supporting stock assessments. The fullest possible involvement of developing State scientists and managers in conservation and management of straddling fish stocks and highly migratory fish stocks should be promoted. Article 2

Principles of data collection, compilation and exchange The following general principles should be considered in defining the parameters for collection, compilation and exchange of data from fishing operations for straddling fish stocks and highly migratory fish stocks: (a) States should ensure that data are collected from vessels flying their flag on fishing activities according to the operational characteristics of each fishing method (e.g., each individual tow for trawl, each set for long-line and purse-seine, each school fished for pole-and-line and each day fished for troll) and in sufficient detail to facilitate effective stock assessment; (b) States should ensure that fishery data are verified through an appropriate system; (c) States should compile fishery-related and other supporting scientific data and provide them in an agreed format and in a timely manner to the relevant subregional or regional fisheries management organization or arrangement where one exists. Otherwise, States should cooperate to exchange data either directly or through such other cooperative mechanisms as may be agreed among them; (d) States should agree, within the framework of subregional or regional fisheries management organizations or arrangements, or otherwise, on the specification of data and the format in which they are to be provided, in accordance with this Annex and taking into account the nature of the stocks and the fisheries for those stocks in the region. Such organizations or arrangements should request non-members or non-participants to provide data concerning relevant fishing activities by vessels flying their flag; (e) such organizations or arrangements shall compile data and make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organization or arrangement; and

Fish Stocks Agreement

255

(f) scientists of the flag State and from the relevant subregional or regional fisheries management organization or arrangement should analyse the data separately or jointly, as appropriate. Article 3

Basic fishery data 1. States shall collect and make available to the relevant subregional or regional fisheries management organization or arrangement the following types of data in sufficient detail to facilitate effective stock assessment in accordance with agreed procedures: (a) time series of catch and effort statistics by fishery and fleet; (b) total catch in number, nominal weight, or both, by species (both target and non-target) as is appropriate to each fishery. [Nominal weight is defined by the Food and Agriculture Organization of the United Nations as the liveweight equivalent of the landings]; (c) discard statistics, including estimates where necessary, reported as number or nominal weight by species, as is appropriate to each fishery; (d) effort statistics appropriate to each fishing method; and (e) fishing location, date and time fished and other statistics on fishing operations as appropriate. 2. States shall also collect where appropriate and provide to the relevant subregional or regional fisheries management organization or arrangement information to support stock assessment, including: (a) composition of the catch according to length, weight and sex; (b) other biological information supporting stock assessments, such as information on age, growth, recruitment, distribution and stock identity; and (c) other relevant research, including surveys of abundance, biomass surveys, hydro-acoustic surveys, research on environmental factors affecting stock abundance, and oceanographic and ecological studies. Article 4

Vessel data and information 1. States should collect the following types of vessel-related data for standardizing fleet composition and vessel fishing power and for converting between different measures of effort in the analysis of catch and effort data:

256

PART II

(a) vessel identification, flag and port of registry; (b) vessel type; (c) vessel specifications (e.g., material of construction, date built, registered length, gross registered tonnage, power of main engines, hold capacity and catch storage methods); and (d) fishing gear description (e.g., types, gear specifications and quantity). 2. The flag State will collect the following information: (a) navigation and position fixing aids; (b) communication equipment and international radio call sign; and (c) crew size. Article 5

Reporting A State shall ensure that vessels flying its flag send to its national fisheries administration and, where agreed, to the relevant subregional or regional fisheries management organization or arrangement, logbook data on catch and effort, including data on fishing operations on the high seas, at sufficiently frequent intervals to meet national requirements and regional and international obligations. Such data shall be transmitted, where necessary, by radio, telex, facsimile or satellite transmission or by other means. Article 6

Data verification States or, as appropriate, subregional or regional fisheries management organizations or arrangements should establish mechanisms for verifying fishery data, such as: (a) position verification through vessel monitoring systems; (b) scientific observer programmes to monitor catch, effort, catch composition (target and non-target) and other details of fishing operations; (c) vessel trip, landing and transshipment reports; and (d) port sampling.

Fish Stocks Agreement

257

Article 7

Data exchange 1. Data collected by flag States must be shared with other flag States and relevant coastal States through appropriate subregional or regional fisheries management organizations or arrangements. Such organizations or arrangements shall compile data and make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organization or arrangement, while maintaining confidentiality of non-aggregated data, and should, to the extent feasible, develop database systems which provide efficient access to data. 2. At the global level, collection and dissemination of data should be effected through the Food and Agriculture Organization of the United Nations. Where a subregional or regional fisheries management organization or arrangement does not exist, that organization may also do the same at the subregional or regional level by arrangement with the States concerned.

ANNEX II GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE POINTS IN CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS 1. A precautionary reference point is an estimated value derived through an agreed scientific procedure, which corresponds to the state of the resource and of the fishery, and which can be used as a guide for fisheries management. 2. Two types of precautionary reference points should be used: conservation, or limit, reference points and management, or target, reference points. Limit reference points set boundaries which are intended to constrain harvesting within safe biological limits within which the stocks can produce maximum sustainable yield. Target reference points are intended to meet management objectives. 3. Precautionary reference points should be stock-specific to account, inter alia, for the reproductive capacity, the resilience of each stock and the characteristics of fisheries exploiting the stock, as well as other sources of mortality and major sources of uncertainty. 4. Management strategies shall seek to maintain or restore populations of harvested stocks, and where necessary associated or dependent species, at

258

PART II

levels consistent with previously agreed precautionary reference points. Such reference points shall be used to trigger pre-agreed conservation and management action. Management strategies shall include measures which can be implemented when precautionary reference points are approached. 5. Fishery management strategies shall ensure that the risk of exceeding limit reference points is very low. If a stock falls below a limit reference point or is at risk of falling below such a reference point, conservation and management action should be initiated to facilitate stock recovery. Fishery management strategies shall ensure that target reference points are not exceeded on average. 6. When information for determining reference points for a fishery is poor or absent, provisional reference points shall be set. Provisional reference points may be established by analogy to similar and better-known stocks. In such situations, the fishery shall be subject to enhanced monitoring so as to enable revision of provisional reference points as improved information becomes available. 7. The fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points. For stocks which are not overfished, fishery management strategies shall ensure that fishing mortality does not exceed that which corresponds to maximum sustainable yield, and that the biomass does not fall below a predefined threshold. For overfished stocks, the biomass which would produce maximum sustainable yield can serve as a rebuilding target.

Fish Stocks Agreement

259

UNITED NATIONS General Assembly Distr. GENERAL A/CONF.164/38 7 September 1995 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS Sixth session New York, 24 July–4 August 1995 FINAL ACT OF THE UNITED NATIONS CONFERENCE ON STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS I. INTRODUCTION 1. The United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks was convened pursuant to paragraph 1 of General Assembly resolution 47/192 of 22 December 1992 in accordance with the mandate agreed upon at the United Nations Conference on Environment and Development. 2. The United Nations Conference on Environment and Development, held at Rio de Janeiro from 3 to 14 June 1992, adopted Agenda 21, paragraph 17.49 of which reads as follows: “States should take effective action, including bilateral and multilateral cooperation, where appropriate at the subregional, regional and global levels, to ensure that high seas fisheries are managed in accordance with the provisions of the United Nations Convention on the Law of the Sea. In particular, they should:” … “(e) Convene, as soon as possible, an intergovernmental conference under United Nations auspices, taking into account relevant activities at the subregional, regional and global levels, with a view to promoting effective implementation of the provisions of the United Nations Convention on the Law of the Sea on straddling fish stocks and highly migratory fish stocks. The conference, drawing, inter alia, on scientific

260

PART II

and technical studies by FAO, should identify and assess existing problems related to the conservation and management of such fish stocks, and consider means of improving cooperation on fisheries among States, and formulate appropriate recommendations. The work and results of the conference should be fully consistent with the provisions of the United Nations Convention on the Law of the Sea, in particular the rights and obligations of coastal States and States fishing on the high seas.”1 3. The General Assembly, in its resolution 47/192, recalled Agenda 21, in particular chapter 17, programme area C, relating to the sustainable use and conservation of marine living resources of the high seas, and decided that the Conference, in accordance with the mandate quoted above, should take into account relevant activities at the subregional, regional and global levels, with a view to promoting effective implementation of the provisions of the United Nations Convention on the Law of the Sea on straddling fish stocks and highly migratory fish stocks. The Assembly further decided that the Conference, drawing, inter alia, on scientific and technical studies by the Food and Agriculture Organization of the United Nations, should: (a) identify and assess existing problems related to the conservation and management of such fish stocks; (b) consider means of improving fisheries cooperation among States; and (c) formulate appropriate recommendations. 4. The General Assembly also reaffirmed that the work and results of the Conference should be fully consistent with the provisions of the United Nations Convention on the Law of the Sea, in particular the rights and obligations of coastal States and States fishing on the high seas, and that States should give full effect to the high seas fisheries provisions of the Convention with regard to fisheries populations whose ranges lie both within and beyond exclusive economic zones (straddling fish stocks) and highly migratory fish stocks. 5. By the same resolution, the General Assembly invited relevant specialized agencies, particularly the Food and Agriculture Organization of the United Nations, and other appropriate organs, organizations and programmes of the United Nations system, as well as regional and subregional fisheries organizations, to contribute relevant scientific and technical studies and reports. It also invited relevant non-governmental organizations from developed and developing countries to contribute to the Conference within the areas of their competence and expertise.

1 â•‡ Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June 1992 (United Nations publication, Sales No. E.96.I.8 and corrigenda), vol. I: Resolutions adopted by the Conference, resolution 1, annex II, paragraph 17.49.

Fish Stocks Agreement

261

II. SESSIONS OF THE CONFERENCE 6. Pursuant to General Assembly resolutions 47/192, 48/194 of 21 December 1993 and 49/121 of 19 December 1994, the following sessions of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks were held at United Nations Headquarters in New York: 2 – First session: 19 to 23 April 1993; – Second session: 12 to 30 July 1993; – Third session: 14 to 31 March 1994; – Fourth session: 15 to 26 August 1994; – Fifth session: 27 March to 12 April 1995; – Sixth session: 24 July to 4 August 1995.3 III. PARTICIPATION IN THE CONFERENCE 7. Pursuant to paragraph 4 of General Assembly resolution 47/192, the following were invited to the Conference: (a) States Members of the United Nations or members of the specialized agencies and the International Atomic Energy Agency; (b) Representatives of organizations that have received a standing invitation from the General Assembly to participate, in the capacity of observers, in the sessions and work of all international conferences convened under its auspices; (c) Associate members of regional commissions; (d) Representatives of the national liberation movements recognized by the Organization of African Unity in its region; (e) Specialized agencies and the International Atomic Energy Agency, as well as other organs, organizations and programmes of the United Nations system; (f) Relevant intergovernmental organizations that had been invited to participate in the work of the Preparatory Committee for the United Nations Conference on Environment and Development;

2 â•‡ Reports on each of the sessions are contained in A/CONF.164/9 (first (organizational) session), A/CONF.164/16 and Corr.1 (second session), A/CONF.164/20 (third session), A/ CONF.164/25 (fourth session), A/CONF.164/29 (fifth session) and A/CONF/164/36 (sixth session). 3 â•‡ See paragraph 31 below.

262

PART II

(g) Regional and subregional fisheries organizations; (h) Relevant non-governmental organizations. 8. The representatives of the following States participated in the sessions of the Conference: Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Brazil, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Congo, Cook Islands, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan, Kazakstan, Kenya, Kiribati, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Morocco, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norway, Pakistan, Palau, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Lucia, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Syrian Arab Republic, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Vanuatu, Venezuela, Viet Nam, Zambia and Zimbabwe. 9. The representative of the European Community4 participated in the sessions without the right to vote.

â•‡ Rule 2 of the rules of procedure of the Conference (A/CONF.164/6) provides that:

4

“The representative of the European Economic Community shall participate in the Conference in matters within its competence without the right to vote. Such representation shall in no case entail an increase of the representation to which the States members of the European Economic Community would otherwise be entitled.” In adopting the above rule the Conference recorded the following understanding: “This rule is agreed upon in view of the fact that, with regard to the conservation and management of the sea fishing resources, States members of the European Economic Community have transferred competence to the Community, and in no way does it constitute a precedent for other United Nations forums where a similar transfer of competence does not occur. (See Declaration of the European Economic Community upon signing the United Nations Convention on the Law of the Sea. Multilateral treaties deposited with the Secretary-General (ST/LEG/SER.E/10, p. 801).)” (A/CONF.164/6, note 1) The Secretariat was informed during the third session of the Conference that the European Economic Community had changed its name to the European Community.

Fish Stocks Agreement

263

10.â•‡The following associate members of a regional commission were represented as observers at the sessions: Montserrat and United States Virgin Islands. 11.â•‡The following national liberation movement was represented as observer at the first session: Pan Africanist Congress of Azania. 12.â•‡The following specialized agencies were represented as observers at the sessions: Food and Agriculture Organization of the United Nations (FAO), United Nations Educational, Scientific and Cultural Organization (UNESCO) and World Bank. 13.â•‡The Intergovernmental Oceanographic Commission (IOC) of UNESCO, the United Nations Development Programme (UNDP) and the United Nations Environment Programme (UNEP) were also present as observers at the sessions. 14.â•‡The following intergovernmental organizations were represented as observers at the sessions: Asian-African Legal Consultative Committee, Commission on the Indian Ocean, Inter-American Tropical Tuna Commission, International Commission for the Conservation of Atlantic Tunas, International Council for the Exploration of the Sea, International Maritime Satellite Organization, International Whaling Commission, Latin American Organization for the Development of Fisheries, Ministerial Conference on Fisheries Cooperation among African States bordering the Atlantic Ocean, North Atlantic Salmon Conservation Organization, Northwest Atlantic Fisheries Organization, Organization of African Unity, Organisation for Economic Cooperation and Development, South Pacific Commission, South Pacific Permanent Commission and South Pacific Forum Fisheries Agency. 15.â•‡The following non-governmental organizations were represented as observers at the sessions: Alaska Marine Conservation Council, Alaska Public Interest Research Group, American Oceans Campaign, American Society of International Law, Association Algérienne pour la Protection de la Nature et de l’Environnement, Association Tunisienne pour la Protection de la Nature et de l’Environnement, Association of the Bar of the City of New York, Atlantic Salmon Federation, Bering Sea Fisherman’s Association, Both Ends, Canadian Oceans Caucus, Center for Development of International Law, Center for Marine Conservation, Centre de Recherches pour le Développement des Technologies Intermédiares de Pêche, Comité Catholique Contre la Faim et pour le Développement, Confederación de Trabajadores Portuarios, Gente de Mar y Pesqueros de Chile, Confederación Nacional de Pescadores Artesanales de Chile, Coordinadora de Tripulantes Pesqueros Industriales del Cono Sur de América Latina, Council on Ocean Law, Earth Council, Earth Island Institute, Earthtrust, Environmental Defense Fund, Federación Nacional de Cooperativas Pesqueras del Ecuador, Federation of Japan Tuna Fisheries Cooperative Associations, Fish, Food and Allied

264

PART II

Workers, Fisheries Council of Canada, Four Directions Council, Friends of the Earth International, Friends World Committee for Consultations (Quaker United Nations Office), Fundación Hernandiana, Global Education Associates, Greenpeace International, Groupement d’Intérêt Économique, International Coalition of Fisheries Associations, International Coastal and Ocean Organization, International Collective in Support of Fishworkers, International Confederation of Free Trade Unions, International Institute for Sustainable Development, International Law Association, International Ocean Institute, International Union for the Conservation of Nature and Natural Resources (IUCN), Japan Fisheries Association, Kandune Self Help Water Project, Marine Environmental Research Institute, Namibian Food and Allied Workers Union, National Audubon Society, National Wildlife Federation, Nationwide Coalition of Fisherfolks for Aquatic Reform, Natural Resources Defense Council, Netherlands National Committee for IUCN, Newfoundland and Labrador Environmental Association, Newfoundland Inshore Fisheries Association, Oceans Institute of Canada, Ocean Trust, Overseas Fishery Cooperation Foundation, Pamalakaya (National United Movement of Fisherfolk - Philippines), Red Mexicana de Acción frente al Libre Comercio, Réserve Internationale Maritime en Mediterranée Occidentale, Samoan Association of Non-governmental Organizations, Sindicato de Obreros Marítimos Unidos, SONAR (Save Our Northwest Atlantic Resources), Trickle Up Program, United Nations Association in Canada, United Nations Association-United Kingdom, United Nations Environment and Development-United Kingdom Committee, Wildlife Conservation Society, Women and Fisheries Network, World Wide Fund for Nature, World Wide Fund Suisse. 16.â•‡ Pursuant to paragraph 9 of General Assembly resolution 47/192, a voluntary fund was established in the Secretariat for the purpose of assisting developing countries, especially those most concerned by the subject-matter of the Conference, in particular the least developed among them, to participate in the Conference. Contributions to the Fund were made by the Governments of Canada, Japan, Norway and the Republic of Korea. IV. OFFICERS AND COMMITTEES 17.â•‡ At its first meeting, the Conference elected Mr. Satya N. Nandan (Fiji) as its Chairman. 18.â•‡The Conference also elected as Vice-Chairmen the representatives of the following States: Chile, Italy and Mauritania. 19.â•‡The Conference appointed the representatives of the following States as members of the Credentials Committee: Antigua and Barbuda, Argentina, Burundi, China, Kenya, New Zealand, Papua New Guinea, Russian Federation and United States of America. At its first meeting, on 28 July 1993,

Fish Stocks Agreement

265

theÂ€Credentials Committee elected Mr. Alberto Luis Daverede (Argentina) as its Chairman. 20.â•‡ At the first and second sessions, Mr. Carl-August Fleischhauer, UnderSecretary-General for Legal Affairs, the Legal Counsel, and thereafter Mr. Hans Corell, served as Secretary-General of the Conference, representing the Secretary-General of the United Nations. For the first four sessions, Mr. Dolliver L. Nelson, and thereafter Mr. Moritaka Hayashi, served as Secretary of the Conference. 21.â•‡In accordance with paragraph 11 of General Assembly resolution 47/192, the Food and Agriculture Organization of the United Nations provided an officer, Mr. David J. Doulman, to serve as Scientific and Technical Adviser to the Conference. V. DOCUMENTATION OF THE CONFERENCE 22.â•‡The Conference documentation5 included, inter alia, the following: (a)â•‡Rules of procedure;6 (b)â•‡ Proposals and other communications submitted by delegations;7 (c)â•‡Reports and studies submitted by the Secretariat, FAO and IOC;8 (d)â•‡Reports and comments submitted by intergovernmental organizations, regional and subregional fisheries organizations and arrangements;9 (e)â•‡Statements by the Chairman of the Conference;10

â•‡ For a complete listing of the Conference documentation, see A/CONF.164/INF/16. â•‡A/CONF.164/6. â•‡A/CONF.164/L.1-L.50. â•‡8 â•‡ Report of the technical consultation on high seas fishing and the papers presented at the technical consultation on high seas fishing (FAO) (A/CONF.164/INF/2); information on activities of the Intergovernmental Oceanographic Commission relevant to the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (A/CONF.164/INF/3); some high seas fisheries aspects relating to straddling fish stocks and highly migratory fish stocks (FAO) (A/CONF.164/INF/4 and Corr.1); background paper prepared by the Secretariat (A/ CONF.164/INF/5); the precautionary approach to fisheries with reference to straddling fish stocks and highly migratory fish stocks (FAO) (A/CONF.164/INF/8); and reference points for fisheries management – their potential application to straddling and highly migratory resources (FAO) (A/CONF.164/INF/9). â•‡9 â•‡ Report of the first session of the International Conference on the Conservation and Management of the Marine Living Resources in the High Seas of the Okhotsk Sea (submitted by the delegation of the Russian Federation) (A/CONF.164/INF/6); Ad hoc consultation on the role of regional fishery agencies in relation to high-seas fishing statistics (A/CONF.164/INF/10); comments by the Coordinating Working Party on Fishery Statistics on annex I to the Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (A/CONF.164/INF/13). 10 â•‡ A/CONF.164/7, 8, 11, 12, 15, 17, 19, 21, 24, 26, 28, 30 and 35. â•‡5 â•‡6 â•‡7

266

PART II

(f)â•‡ A guide to the issues before the Conference, the negotiating texts and the draft agreement prepared by the Chairman of the Conference.11 VI. WORK OF THE CONFERENCE 23.â•‡The Conference adopted its agenda (A/CONF.164/5) and rules of procedure (A/CONF.164/6) at its first session. 24.â•‡ At the second session, the Conference devoted the first three days to general debate, following which the Chairman outlined the key issues on which there was general agreement.12 25.â•‡ At the same session, the Conference proceeded to examine the issues relating to straddling fish stocks and highly migratory fish stocks as contained in the document entitled “A guide to the issues before the Conference prepared by the Chairman” (A/CONF.164/10). 26.â•‡ At the end of the second session, the Chairman prepared a negotiating text (A/CONF.164/13), which the Conference considered at the third session. 27.â•‡ Also at the third session, the Conference established two open-ended working groups to consider the information papers, prepared by FAO at the request of the Conference, on the precautionary approach to fisheries management and on management reference points. Mr. Andrés Couve (Chile) and Mr. Andrew Rosenberg (United States of America) served as chairmen of the working groups. The results of the work of the two working groups are contained in documents A/CONF.164/WP.1 and WP.2. At the end of the third session, the Chairman submitted a revision of his negotiating text (A/CONF.164/13/Rev.1), which reflected the work of the Working Groups. 28.â•‡ At the fourth session, the Chairman prepared a new revision of his negotiating text in the form of a binding instrument, entitled “Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks” (A/CONF.164/22). At the end of the fifth session, the Chairman prepared a revised text of the Draft Agreement (A/CONF.164/22/Rev.1).

11 â•‡ A guide to the issues before the Conference (A/CONF.164/10); Negotiating text (A/CONF.164/13); Revised negotiating text (A/CONF.164/13/Rev.1); Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (A/CONF.164/22); revised Draft Agreement (A/CONF.164/22/ Rev.1); and Draft Agreement (A/CONF.164/33). 12 â•‡ See A/48/479, para. 10.

Fish Stocks Agreement

267

29.â•‡ At the sixth session, the Conference considered the revised text of the Draft Agreement (A/CONF.164/22/Rev.1), as well as suggested drafting changes and editorial improvements (A/CONF.164/CRP.7). Following the deliberations of the Conference, the Chairman proposed for adoption a “Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks” (A/CONF.164/33). 30.â•‡On 4 August 1995, the Conference adopted without a vote the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, as well as resolutions I and II (A/CONF.164/32, annex). The two resolutions are annexed to this Final Act. In doing so, the Conference discharged the mandate given to it by the General Assembly in its resolution 47/192. 31.â•‡The Conference decided to resume its sixth session on 4 December 1995 for a ceremony of signature of the Agreement and this Final Act. The Conference requested the Secretariat to prepare the final text of the Agreement, incorporating necessary editing and drafting changes and ensuring concordance among the six language versions.13 IN WITNESS WHEREOF the undersigned have signed this Final Act. DONE AT UNITED NATIONS HEADQUARTERS in New York this fourth day of December, one thousand nine hundred ninety-five, in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original texts shall be deposited in the archives of the United Nations Secretariat. The Chairman of the Conference: Satya N. NANDAN The Under-Secretary-General for Legal Affairs, The Legal Counsel: Hans CORELL The Secretary of the Conference: Moritaka HAYASHI

13

â•‡ The final text of the Agreement will be issued as document A/CONF.164/37.

268

PART II

ANNEX Resolution I Early and effective implementation of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks The United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, Having adopted the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, Underlining the importance of early and effective implementation of the Agreement, Recognizing, therefore, the need to provide for the provisional application of the Agreement, Emphasizing the importance of rapid entry into force of the Agreement and early achievement of universal participation, 1.â•‡ Requests the Secretary-General of the United Nations to open the Agreement for signature in New York on 4 December 1995; 2.â•‡ Urges all States and other entities referred to in article 1, paragraph 2 (b), of the Agreement to sign it on 4 December 1995 or at the earliest subsequent opportunity and thereafter to ratify, or accede to it; 3.â•‡ Calls upon States and other entities referred to in paragraph 2 of the present resolution to apply the Agreement provisionally. Resolution II Reports on developments by the Secretary-General of the United Nations The United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, Having adopted the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks,

Fish Stocks Agreement

269

Recognizing the importance of periodic consideration and review of developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, Recalling General Assembly resolution 49/28 of 6 December 1994, in which the Assembly underlined the importance of consideration and review of the overall developments relating to the law of the sea by the Assembly, as the global institution having the competence to undertake such a review, Recalling also the responsibility of the Secretary-General under the United Nations Convention on the Law of the Sea to report on developments pertaining to the implementation of the Convention, Recognizing the importance of exchange of information among States, and relevant intergovernmental and non-governmental organizations concerning the implementation of the Agreement, 1.â•‡ Recommends to the General Assembly that it review developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, on the basis of a report to be submitted by the Secretary-General at the second session following the adoption of the Agreement and biennially thereafter; 2.â•‡ Requests the Secretary-General of the United Nations, in preparing such report, to take into account information provided by States, the Food and Agriculture Organization of the United Nations and its fisheries bodies and subregional and regional organizations and arrangements for the conservation and management of straddling fish stocks and highly migratory fish stocks, as well as other relevant intergovernmental bodies and relevant nongovernmental organizations; 3.â•‡ Also requests the Secretary-General to cooperate with the Food and Agriculture Organization of the United Nations in order to ensure that reporting on all major fisheries instruments and activities is coordinated and the required scientific and technical analysis standardized to minimize duplication and to reduce the reporting burden for national administrations.

PART III

Consolidated Table of Cases

273

CONSOLIDATED TABLE OF CASES TABLE OF CASES Aegean Sea Continental Shelf case (1978)

5:30–31n.5

Beagle Channel arbitration case (Argentina/Chile) 1979

2:142

Continental Shelf case (United Kingdom/France), 1977

2:551n.10

Continental Shelf case (Tunisia/Libyan Arab Jamahiriya), 1982 2:814n.23, 2:983, 5:133 Continental Shelf case (Libyan Arab Jamahiriya/Malta), 1985 2:551–52, 2:826n, 2:983, 3:352, 5:133

2:519n,

Corfu Channel case (1949) 2:226, 280–82, 2:280n.5, 2:290, 317, 388, 392 Delimitation of the Maritime Boundary between Guinea and Guinea-Bissau arbitration case (1985) 2:142 English Channel Continental Shelf case (France/United Kingdom), 1977 1:463, 5:169–70 Fisheries Jurisdiction cases (United Kingdom v. Iceland; Federal Republic of Germany v. Iceland) 3:2, 37n.24, 300, 302 Grisbadarna arbitration case (Norway/Sweden) 1909 Gulf of Maine case (Canada/U.S.A.), 1984 Lotus case (France/Turkey) 1927

2:142 2:551, 5:363 3:166n.1

Mavrommatis Palestine Concessions case (Greece v. United Kingdom) 1924 5:18–19 Military and Paramilitary Activities in and against Nicaragua case 5:199 (Nicaragua v. United States of America) 1986 North Sea Continental Shelf cases (1969)â•… 1:454, 463, 2:137n.7, 2:807, 813, 829, 2:843n, 2:846, 953–54, 981–82, 5:30n.4, 5:199 Nuclear Tests cases (1974)

4:317

Railway Traffic between Lithuania and Poland case (Poland, Lithuania) 5:30 1931

274

PART III

Right of Passage Over Indian Territory case (Portugal v. India) 1957, 1960 5:141n.65 1:148, 151, 1:151n.76, 152n.80

Young Loan case (1980) Disasters

4:193, 201, 270, 301, 305, 312

Amoco Cadiz disaster (1978)

4:305–6, 6:159

Torrey Canyon disaster (1967) VOLUME I

1:454

Aegean Sea Continental Shelf case (Greece v. Turkey)

Belgium, France, Switzerland, United Kingdom and the United States of America v. the Federal Republic of Germany—see Young Loan case. Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/ United States of America)—see Gulf of Maine Delimitation case. English Channel Continental Shelf (France/United Kingdom)

1:463

Fisheries Jurisdiction cases (Federal Republic of Germany v. Iceland; United Kingdom v. Iceland) 1:454–455 Gulf of Maine Delimitation (Canada/United States of America)

1:464

North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) 1:463 1:148, 151, 152, 461

Young Loan VOLUME II Beagle Channel Arbitration case (Argentina/Chile)

2:142n.24

Case concerning the Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal) 2:143n.27, 552n.13 Continental Shelf case (Libyan Arab Jamahiriya/Malta) 2:492n.2, 519n.8, 552n.12, 826n.3, 874n.53, 983 Continental Shelf case (Tunisia/Libyan Arab Jamahiriya) 814n.23, 983, 983n.60 Corfu Channel case (merits) (United Kingdom v. Albania) 281, 290, 317, 343n.11, 388, 392

2:142n.22, 2:226n.1, 280,

Consolidated Table of Cases

275

Delimitation of the Continental Shelf between the Kingdom of Great Britain and Northern Ireland, and the French Republic 2:142n.25, 551n.10 Delimitation of the Maritime Areas between Canada and France arbitration (Canada/France) 2:40n.16, 274n.21, 551n.11 Delimitation of the Maritime Boundary between Guinea and Guinea-Bissau 2:143n.26 Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/ U.S.A.) 2:492n.3, 551n.11, 827n.6 Filleting within the Gulf of St. Lawrence arbitration (Canada/France) 2:637n.29 Fisheries case (United Kingdom v. Norway)â•… 2:97n.1, 100n.3, 100n.5 and.6, 102, 102n.10 and 11, 103, 142n.22, 303–304, 339, 420n.4, 610n.23, 814n.23, 983n.60 Fisheries Jurisdiction cases (United Kingdom v. Iceland; Federal Republic of Germany v. Iceland) 2:2n.3, 142n.22, 814n.23, 983n.60 Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua intervening) 2:56n.14, 118n.6, 118n.8 Maritime Boundary Dispute between Norway and Sweden [the Grisbadarna Case] 2:142n.23 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. 2:162n.2, 343n.11 United States of America) North Sea Continental Shelf cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) 2:137n.7, 807n.10, 813, 829, 843n.4, 844–848, 953–954, 955–960, 980–982, 982–983 Passage through the Great Belt case (Finland v. Denmark) 308n.11

2:279n.1,

VOLUME III Continental Shelf case (Libyan Arab Jamahiriya/Malta), 1985 Fisheries cases (United Kingdom v. Norway)

3:352 327n.5

Fisheries Jurisdiction cases (United Kingdom v. Iceland; Federal Republic of 3:2, 37n.24, 300, 302 Germany v. Iceland) Lotus case (France/Turkey) 1927

3:166n.1

276

PART III

Molvan v. Attorney-General for Palestine

3:125n.4

Nottebohm case, Liechenstein v. Guatemala (1955)

3:107n.7

VOLUME IV Case concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/U.S.A.), 1984 4:517n.17 Nuclear Tests cases (interim protection) (Australia v. France; New Zealand v. France) 4:317n.9 VOLUME V Aegean Sea Continental Shelf case (Greece v. Turkey)

5:30n.5

Ambatielos (jurisdiction) (Greece v. United Kingdom)

5:120n.14, 199n.2

Application for Review of Administrative Tribunal Judgement No. 158 (advisory opinion) 5:39n.36 Application for Revision and Interpretation of the Judgement of 24 February 1982 (Tunisia v. Libyan Arab Jamahiriya) 5:436n.13 Arantzamendi-Osa case

5:186n.8

Arbelaiz-Emazabel case

5:186n.8

Asylum case—see Request for Interpretation. Attorney-General v. Burgoa case

5:186n.8

Campandeguy Sagarzazu case

5:186n.8

Case concerning the Continental Shelf (Libyan Arab Jamahiriya/Malta) 5:41n.1, 133n.49, 211n.5 Case concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya) 5:18n.1, 41n.1, 133n.49 Case concerning Delimitation of the Maritime Boundary in the Gulf of Maine 5:41n.1, 214n.3, 363n.23 Area (Canada/U.S.A.) Case concerning Right of Passage Over Indian Territory (preliminary objec5:141n.65 tions) (Portugal v. India)

Consolidated Table of Cases

277

Certain German Interests in Polish Upper Silesia (Germany v. Poland) 5:152n.2, 194n.18 Corfu Channel (merits) (United Kingdom v. Albania)

5:41n.1, 157n.1

Crujeiros Tome and Yarrita

5:186n.8

English Channel Continental Shelf arbitration (France/United Kingdom) 5:169–170, 179n.7, 214n.3 Exchange of Greek and Turkish Populations (advisory opinion)

5:225n.2

Filleting within the Gulf of St. Lawrence arbitration (Canada/France) 5:243n.11, 303n.3, 447n.8 Fisheries case (United Kingdom v. Norway)

5:41n.1

Fisheries Jurisdiction cases (United Kingdom v. Iceland; Federal Republic of Germany v. Iceland) 5:41n.1 Free Zones case (France/Switzerland)

5:152n.2

Guinea/Guinea Bissau Maritime Delimitation arbitration

5:170n.9

Islamic Republic of Iran v. United States of America, Case No. A/21 5:84n.2 Legal Consequences for States of Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council 5:183n.7 Resolution 276 (1970) Marticorena-Otazo

5:186n.8

Mavrommatis Palestine Concessions case (Greece v. United Kingdom) 1924 5:19n.2 Military and Paramilitary Activities in and against Nicaragua (jurisdiction and admissibility) (Nicaragua v. United States of America) 5:157n.2, 199n.4, 394n.35 North Sea Continental Shelf cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) 5:18n.1, 23n.1, 30n.4, 41n.1, 120n.13, 199n.3 Nuclear Tests cases (interim protection) (Australia v. France; New Zealand v. France) 5:152n.3

278

PART III

Railway Traffic between Lithuania and Poland (advisory opinion)

5:30

Reparation for Injuries Suffered in the Service of the United Nations (advisory opinion) 5:61n.4 Request for Interpretation of the Judgment of November 20, 1950, in the Asylum Case (Colombia/Peru) 5:436n.13 Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide (advisory opinion) 5:194n.17 Right of Passage Over Indian Territory (Portugal v. India) (preliminary Objections) 5:141n.65 River Oder case (Germany v. Poland)

5:199n.1

Socobelge v. Greek State (Civil Tribunal of Brussels)

5:414n.50

Treaty of Neuilly case

5:363n.24

Western Sahara (advisory opinion)

5:183n.7

VOLUME VI Reparation for Injuries Suffered in the Service of the United Nations 6:524n.16, 560n.7

Consolidated Table of Treaties

279

CONSOLIDATED TABLE OF TREATIES Agreement between Denmark, Finland, Norway and Sweden concerning Co-operation in Measures to Deal with Pollution of the Sea by Oil (1971) 4:27 Agreement between Denmark, Finland, Norway and Sweden Concerning Cooperation to Ensure Compliance with the Regulations for Preventing the Pollution of the Sea by Oil (1967) 4:27 Agreement between the Government of the United States of America and the Government of the French Republic concerning the Wreck of the CSS Alabama (1989) 3:164n Agreement Establishing the Common Fund for Commodities (1980)â•… 6:583– 84, 6:583n, 787, 796–97, 799 Agreement on Continental Shelf

1:242–43

Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil (1969) 4:27 Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (1983) 4:31 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. see Draft Agreement on Straddling and Highly Migratory Fish Stocks Agreement Governing the Activities of States on the Moon and Other 6:11n.30 Celestial Bodies (1979) Agreement on Regional Co-operation in Combating Pollution of the SouthEast Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency (1981) 4:30 Agreement on the Privileges and Immunities of the International Atomic Energy Agency (1959) 6:548 Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea (1994)â•… 1:471–91, 493–94, 3:xvi, 6:4, 6:60–65, 67, 6:176, 189, 192, 197–98, 234, 260–62, 264, 279–80, 318–319, 321–22, 334–38, 351, 363, 366, 370, 375, 377, 406, 411, 414–

280

PART III

15, 419, 431, 435–38, 454–57, 465–66, 468, 472, 474–75, 484–85, 507– 10, 512, 523, 528, 530–34, 541–43, 549–51, 666–67, 675–78, 681–83, 689–91, 697, 700–701, 709–18, 728, 734, 764–67, 771, 788, 790–91, 806, 809–10, 814–16, 855–74 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (1993) 3:43, 48–58, 3:145n.9 American Treaty on Pacific Settlement (Pact of Bogotà; 1948)

5:26, 311

Barcelona Convention (General Conference on the Freedom of Communications and Transit; 1921) 3:373, 375, 382, 384, 455 Basel Convention on the Control of Transboundary Movements of Hazardous Waters and their Disposal (1989) 4:27 Charter of the Economic Rights and Duties of Statesâ•… 2:535, 4:667, 681, 688, 692, 695, 6:32n.106, 6:182 Charter of the United Nations 1:207, 213–14, 221, 259, 328, 433, 462–63, 2:174–75, 227, 341–242, 801–3, 955–56, 3:89–91, 4:425–26, 5:17–20, 61, 124, 154–55, 157, 303, 6:7n.15, 28, 113, 116–117, 177, 383–85, 483–84, 489, 503, 512n, 559–60, 562–63, 588–89, 593–94, 605 Chicago Convention. see Convention on International Civil Aviation Constitution of the World Health Organization (WHO) Convention and Statute on Freedom of Transit (1921)

5:247 3:384–90

Convention and Statute on the International Régime of Maritime Ports 3:373, 3:373n.12, 3:454 (1923) Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region (1981) 4:29 Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean (1992) 2:678n, 3:301 Convention for the Conservation of the Red Sea and Gulf of Aden Environment (1982) 3:367, 4:30 Convention for the Discontinuance of the Sound Dues (Denmark and U.S.) 2:308n.11 (1857)

Consolidated Table of Treaties

281

Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (1972) 4:8, 27, 158, 166, 234, 417 Convention for the Prevention of Marine Pollution from Land-Based Sources (1974) 4:28, 128 Convention for the Prevention of Pollution from Ships (1973) 4: 25, 181, 271, 243, 321, 255–57, 260, 314, 343, 344n.8, 350, 417–18, 6:203n Convention for the Prohibition of Fishing with Long Drift Nets in the South Pacific (1989) 3:41, 301 Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (1985) 4:31 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (1983) 3:367, 4:30 Convention for the Protection of Submarine Cables (1884)â•… 3:267, 269, 272, 276 Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific (1981) 4:30 Convention for the Protection of the Mediterranean Sea against Pollution (1976) 3:367, 4:28 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986) 4:32 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988) 3:36, 185–95, 3:188n Convention for the Suppression of Unlawful Seizure of Aircraft (1970) 3:202 Convention on Civil Liability for Oil Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources (1976) 4:29, 225 Convention on Fisheries Cooperation among African States Bordering the Atlantic Ocean (1991) 3:301 Convention on Fishing and Conservation of the Living Resources of the High Seas (1958) 2:597–98, 3:28–29, 280–81, 291, 297, 494, 514–520, 528, 4:54, 5:5n.3, 213, 442–43, 6:7n.14, 596

282

PART III

Convention on Fishing and Conservation of the Living Resources of the High Seas (1966) 1:2–3, 5:246n.1 Convention on International Civil Aviation (Chicago Convention; 1944) 2:73, 74, 156, 335, 344–47, 3:96–97, 81–82, 4:212n.5, 328, 417, 212, 5:236, 238, 287 Convention on International Regulations for Preventing Collisions at Sea (1972) 2:343–44, 6:204 Convention on Long-Range Transboundary Air Pollution (1979)â•… 4:29, 319 Convention on Marine Pollution from Ships (1973)

5:235–36

Convention on Psychotropic Substances (1971) 2:240n.3, 3:225, 3:227n.7 Convention on the Conservation of Migratory Species of Wild Animals (1979) 4:26 Convention on the Continental Shelf (1958) 1:2–3, 8–9, 454, 2:3, 504–6, 541, 584, 687–88, 828–29, 841–42, 893, 901, 910, 919–20, 988, 992, 3:3, 494, 521–24, 4:6, 23, 54, 137, 440, 501–3, 517, 519, 5:213, 232, 246, 6:7n.14, 79 Convention on the Control of Transboundary Movements of Hazardous Waters and their Disposal (1989) 4:27 Convention on the High Seas (1958)â•… 1:2–3, 7–8, 454–55, 2:329, 910, 3:27–28, 30, 74, 130–131, 172, 198, 221, 250–51, 262, 267–68, 276, 3:409–10, 414, 451, 493, 505–13, 4:23, 87, 157, 158n.1, 181–82, 209, 242, 417, 440, 5:246, 246n.1, 6:7n.14 Convention on the International Maritime Organization (1948)

6:204

Convention on the International Regime of Maritime Ports (1923) 3:465–66 Convention on the International Regulations for Preventing Collisions at Sea (1972) 3:148 Convention on the Liability of Operators of Nuclear Ships (1962)

4:7, 23

Convention on the Physical Protection of Nuclear Material (1980)

4:26

Convention on the Privileges and Immunities of the Specialized Agencies 6:547–48, 565, 568–70, 572, 577–78, 584

Consolidated Table of Treaties

283

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Convention; 1972) 2:31–32, 42, 44, 543, 4:7–8, 20–21, 25, 49, 80, 157–58, 165–67, 169–75, 234, 350, 417–18, 5:235–36 Convention on the Privileges and Immunities of the United Nations (1946) 6:547–48, 565, 568–70, 572, 577–78, 584 Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (1976) 4:25–26 Convention on the Protection of the Black Sea Against Pollution (1992) 3:367–68 Convention on the Protection of the Environment between Denmark, Finland, Norway and Sweden concerning (1974) 4:28 Convention on the Protection of the Marine Environment of the Baltic Sea Area (1974) 3:367–68, 4:28, 202 Convention on the Protection of the Underwater Cultural Heritage (1998– 2001) 6:232n Convention on the Regulation of Antarctic Mineral Resource Activities (1988) 4:27 Convention on the Territorial Sea and the Contiguous Zone (1958) 1:2–3, 2:37–38, 51–55, 66, 72–74, 79, 85, 88, 92, 97, 101–3, 106–8, 110, 112, 115, 118, 121, 124, 127, 135–36, 138, 145, 152–53, 159–60, 162, 167– 68, 174, 180, 183, 222–24, 226–27, 229–30, 232, 235, 239, 245–46, 249, 254, 261, 268, 271, 273, 283–84, 319, 388, 392, 3:327–28, 335, 338, 493, 3:496–504, 4:23, 385, 5:246, 5:246n.1, 6:7n.14 Convention on Transit Trade of Land-Locked Countries (1965) Convention on Transit Trade of Land-Locked States (1965) 3:377n.27, 3:382, 391–99, 401, 437, 447, 456

5:23 3:377,

Convention on Wetlands of International Importance, especially as Waterfowl 4:24 Habitat (1971) Convention Relating to Liability in the Field of Maritime Carriage of Nuclear 4:7, 24 Materials (1971) Draft Agreement on Straddling and Highly Migratory Fish Stocks (1994) 3:42–43, 643–72

284

PART III

Draft Convention on the International Seabed Area (1970) 6:651–52

1:8, 4:159,

Draft Convention on the Legal Status of Ocean Data Acquisition Systems 4:613n Draft Ocean Space Treaty (1971) 3:61, 75, 99, 130, 225, 291–92, 305–6, 327–28, 4:137–38, 150, 159, 5:6, 171, 287, 6:322, 342, 354, 367, 378, 392, 526, 534, 542, 598 Draft resolution and draft Agreement relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea 6:61 European Convention for the Peaceful Settlement of Disputes (1957)â•… 5:26, 311 Draft United Nations Convention on the International Sea-Bed Areaâ•… 4:150, 6:597–98 European Agreement (1965)

3:236n.9

European Economic Community (EEC), treaty establishingâ•… 5:25–26n.1, 73, 415n, 416, 437 Final Draft Agreement between the International Seabed Authority and the Government of Jamaica regarding the Headquarters of the International Seabed Authority 6:547, 554 Final Draft Protocol on the Privileges and Immunities of the International Seabed Authority 6:547–48, 556, 568, 573, 585 General Act for the Pacific Settlement of International Disputes (1928, 1949) 5:26, 55, 5:119n.9, 5:311 General Act of the Brussels Conference relative to the African Slave Trade (1890) 3:179 General Agreement on Tariffs and Trade (GATT) 6:236, 255, 260, 279–80

1:487, 3:374–75, 431,

Geneva Convention on the Territorial Sea and the Contiguous Zone (1958) 1:9 Geneva Conventions of 1949 for the Protection of War Victimsâ•… 5:188, 225, 280

Consolidated Table of Treaties

285

Geneva Conventions on the Law of the Sea (1958) 1:142–43, 207, 340, 2:17, 129, 138, 3:17, 19, 4:6, 5:229, 232, 234–35, 237–39, 242–43, 302–3 5:280

Genocide Convention Hague Convention No. I (1907)

5:311, 423, 441–42

Hague Convention No. VII (1907) International Air Services Transit Agreement (1944) International Code of Conduct for Responsible Fishing International Code of Conduct on the Transfer of Technology International Convention for Safe Containers (1972)

2:249, 2:249n 2:156 3:49 6:181–82 3:148

International Convention for the Prevention of Pollution from Ships (1973). see Convention for the Prevention of Pollution from Ships International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) 4:5, 7–8, 23, 137, 182, 417–18 International Convention for the Safety of Fishing Vessels (1977) 4:20n.29 International Convention for the Safety of Life at Sea (1948)

3:172

International Convention for the Safety of Life at Sea (SOLAS; 1974) 2:220, 3:148, 173, 3:175n.10, 6:204 International Convention for the Unification of Certain Rules of Law relating 3:176 to Assistance and Salvage at Sea (1910) International Convention for the Unification of Certain Rules relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation (1952) 3:166, 3:166n International Convention for the Unification of Certain Rules relating to the 3:148 Carriage of Passengers by Sea (1961) International Convention for the Unification of Certain Rules Relating to the Immunity of State-owned Vessels (1926) 2:264 International Convention for the Unification of Certain Rules relating to the Immunity of State-owned Vessels (1926) 3:162

286

PART III

International Convention on Civil Liability for Oil Pollution Damage (1969) 4:7, 24 International Convention on International Standards of Training, Certification and Watchkeeping for Seafarers (1978) 4:20n.29 3:148

International Convention on Load Lines (1966)

International Convention on Maritime Search and Rescue (1979)â•… 3:148, 176, 4:20n.29 International Convention on Salvage (1989)

3:148, 176, 3:176n.11, 4:27

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971) 4:7, 24 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (Intervention Convention; 1969) 3:126, 4:7, 24, 182, 206, 305–7, 313–14, 6:159, 6:159n.6 International Covenant on Civil and Political Rights (1966) 5:20–21n

3:186, 4:370,

Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution (1978) 3:367, 4:29 MARPOL 73/78. see Convention for the Prevention of Pollution from Ships (1973) New York Convention on Special Missions (1969)

1:464n.29

North Sea Fisheries Convention (1882)

3:475–76

Offshore Pollution Liability Agreement (OPOL)

4:182

Pacific Settlement of International Disputes (Hague Convention)

5:311

Pact of Bogotà (American Treaty on Pacific Settlement; 1948) Paris Agreement (1930)

5:26, 311 6:642n

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed 3:36 Platforms Located on the Continental Shelf (1988) Protocol of the Commission of Mediation, Conciliation and Arbitration 5:26, 311–12 (1964)

Consolidated Table of Treaties

287

Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations 3:368n.12 Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land-based Sources 3:368n.12 Protocol on Space Requirements for Special Trade Passenger Ships Agreement (1973) 3:149 Privileges and immunities of the International Seabed Authority (Protocol) 1:288–289, 6:55, 546–57, 560–85, 916, 6:916–18 Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping 3:368n.12 Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil 4:7, 182, 4:305n.2, 6:159n.6 Regulation of Aerial Navigation (Paris Convention)

2:74

Rio Declaration (Report of the United Nations Conference on Environment and Development) 6:198 3:225, 3:225n.1, 5:247

Single Convention on Narcotic Drugs (1961) Slavery Convention (1926)

3:179

Special Trade Passenger Ships Agreement (1971)

3:149

Statute of the Enterprise (Annex IV) 1:286, 1:370–78, 4:710, 5:312, 6:35, 6:66, 506, 509, 512, 515–16, 6:756–820 Statute of the International Court of Justice 1:238, 242, 4:660, 5:51, 53–54, 140, 336–37, 341–42, 347–50, 383, 6:644 Statute of the International Law Commission

5:341

Statute of the International Tribunal (Annex VI) 1:382–93, 4:486–87, 668, 669, 696–98, 722, 5:331–418 Statute of the World Bank Statute on Freedom of Transit (1921)

6:778, 786–87, 797–98, 800 3:386–90, 401

288

PART III

Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956) 3:179 Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP) 4:182 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963) 4:24, 6:147n.2, 6:149 Treaty Establishing the European Economic Community (1957)â•… 5:25– 26n.1, 5:73, 5:415n, 5:416, 437 Treaty of Peace and Friendship (Argentine and Chile, 1984) Treaty of Tordesillas (1494) Treaty of Versailles (Treaty of Peace; 1919)

2:308n.10 6:5n.5 3:384

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967) 6:11n.30 Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-bed and the Ocean Floor and in the Subsoil Thereof (1971) 1:462, 3:85, 4:24, 6:147n.2, 6:149, 6:210n.1 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) 2:240n.3, 3:36, 126, 225 United Nations Convention on Conditions for Registration of Ships (1986) 2:46–47, 3:36, 108–21, 3:134, 3:144–45, 3:146n, 4:27, 4:257, 4:375n United Nations Convention on the International Sea-Bed Area

5:171

United Nations Convention on the Sea-Bed and the Ocean Floor Beyond the Limits of National Jurisdiction 4:150 United Nations Convention on the Law of the Sea; 1982 1: xxviii, xxxiv– xxxix, xli–xliii, lxv, 1–28, 80–81, 207–8, 121–25, 27, 132–34, 146–52, 340, 342–344, 420–23, 450–67, 495–98, 2:22–23, 39, 246n.2, 290, 906, 907, 985, 3:ix, xv–xvi, 22–23, 36, 365–66, 382n.52, 645, 675–76, 4:3–22, 749–59, 5:18, 73, 89, 98, 118–19, 121, 124, 128, 138–41, 173, 175, 179–81, 190–93, 195–96, 198–200, 202, 206, 212–23, 229–66, 270–78, 282–83, 285–88, 301–5, 380–82, 455–64, 6:3–4, 48–52, 57, 59, 62, 319, 321–26, 329–35, 348, 549, 675–80

Consolidated Table of Treaties

Versailles Treaty (Treaty of Peace; 1919)

289

3:384

Vienna Convention on Consular Relations (1963)

1:464n.29, 4:375

Vienna Convention on Diplomatic Relations (1961)

1:464n.29, 4:375

Vienna Convention on the Law of Treaties (1969) 1:445–52, 459, 461n, 463–67, 2:242–43, 804, 4:39, 398, 425–26, 524, 687n, 736, 5:164, 168– 71, 175, 183, 194–196, 200, 213–15, 222, 226–27, 232–33n.4, 235, 236, 239, 240, 247, 266, 277, 280–81, 284–85, 287–88, 291, 311, 319–320, 376, 381n, 6:334n.17, 59n.222 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986) 4:16–17, 205, 425–26, 4:687n, 4:736, 5:168, 175, 287–88, 376, 5:376n.29 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character (1975) 1:464n.29, 2:36, 5:271, 311 Vienna Convention on the Succession of States in respect of Treaties (1978) 1:464n.29, 5:170, 200

PART IV

Index of Volumes I-VI

293

CONSOLIDATED SUBJECT INDEX OF VOLUMES I-VI Notes on the Index The index is designed for the reader’s ease of use, adopting the following modern indexing standards: • Substantive discussions of topics are indexed, whereas passing mentions are not. • Personal names of representatives to, or participants in, the relevant conferences are identified by country. • Many “see also” cross-references are included to guide readers to additional entries that may be of interest to them. For example, access to and from the sea is an issue that especially affects Landlocked States, so readers who look up “access” will find a crossreference to “Landlocked States”; readers who look up “data” will be directed to entries on specific types of data, such as geodetic data; and so on. • Multiple access points are provided for concept terms, because different readers will look information up in different ways. • W here treaties are known by two different names, both forms are given; thus readers can identify the treaty on the page regardless of which name is used. Such variants are double-posted or cross-referenced. • Many entries are broken down into three levels, allowing for finer detail, shorter strings of page references, and faster access to the needed information. • W herever possible, dates are included in entries for treaties, conferences, legal cases, and the like. age references are given by volume number and page number, in a spare, uncluttered • P style. For example, “I:338–39, 5:171–73, 273–74 refers to volume I, pages 338 to 339, and volume V, pages 171 to173 and 274 to 274. Note that the volume number is not repeated for subsequent pages from the same volume. • Subentries are phrased so as to show their grammatical relationship to the main heading. In subentries, “the Convention” refers to the United Nations Convention on the Law of the Sea of 10 December 1982. Terminology in the text sometimes evolved during the course of the negotiation of the Convention. For example, “Sea-Bed” became “Seabed.” For the sake of simplicity and reader convenience, the most logical single representative “styling” was chosen for each term in the index. In the consolidated tables of treaties and cases, references are also to volume numbers and page numbers in the series, as is the case with the index.

Aaland Strait, 2:307–8, 2:308n.13 Abuse of legal process, 1:333, 3:661, 5:75–77, 146 of power, 5:380 of rights, 1:337, 5:103, 150–52 ACABQ (Advisory Committee on Administrative and Budgetary QuesÂ� tions; U.N.), 6:408, 535 Access (see also High seas; Landlocked States) to the Convention as broad and without prejudice, 5:63–64 entities entitled to, 5:62–64 by flag State for release of vessel, 5:70–71 to data and samples, 1:317–18, 4:687 (see also Data, collection/sharing of) to dispute settlement

by the Authority, 5:61 by detained vessels, 5:65, 5:65n.7 by the Enterprise, 5:61 by entities other than a State Party, 1:332, 397, 5:60–65 by natural and juridical persons, 5:61–63 procedures for, 1:332, 388, 392 to harbours, 1:320 International Court of Justice on, 5:61 to living resources of exclusive economic zones, 1:25, 231, 234–38 to markets, 1:264, 487, 6:235–36 to the Sea-Bed Disputes Chamber, 5:411–13 to the Tribunal Drafting Committee on, 5:377–78 entities entitled to, 5:61, 63, 368, 374–78

294 by entities other than States Parties, 1:388 in intervention proceedings, 5: 392–93 by owner of detained vessel, 5:65 by States Parties, 1:388 to a tribunal chosen by the declarant, 5:117 Accession to the Agreement, 1:474–75 to amendments, 1:342–44, 5:273–75 to conciliation, 5:320 to the Convention, 1:339, 375, 423, 474–75, 5:201–2, 477 to Convention amendments, 1:342–44 final provisions on, 1:338–39, 5:171– 72, 201–2, 273–75 by internal organizations, 1:400–403 to Review Conference amendments, 1:270–71 Action Plan for the Human EnvironÂ� ment (Stockholm Conference), 4:9, 37, 79–80 Activities in the Area (see also Amendments; Authority; Cooperation; Damage; Developing States; Dumping; Enforcement; Enterprise; Equitable sharing; Expenditures; Exploration/exploitation of the Area; Geographically disadvantaged States; Implementation; Installations; Marine environment; Marine scientific research; Mining; Monopolization of activities in the Area; Plan of work for activities in the Area; Policies on activities in the Area; Pollution; Production policies) accommodation of, 6:206–15, 6:210n.1, 212n, 215n, 6:323, 329 amendments to provisions for, 5:264 and amendments to the Convention, 5:244, 263, 266, 269–72, 277 applicable law re, 5:413 benefit of mankind from, 6:141–42, 242–43, 251–52, 360, 879 and coastal States’ rights/interests, 6:151–59, 6:153n, 158–59nn.5–6 commercial arbitration used for, 5:423 by the Enterprise, 6:326, 707–8, 830–31 (see also Enterprise, contracts/plans of work) plans of work submitted, 1:278 transfer of technology to the Enterprise, 1:351, 353, 6:248–49, 251, 254 exclusions of from amendment/revision of the Convention, 5:244, 263, 266, 269, 277 from arbitration procedures, 5:437

Index of Volumes I-VI and freedom of the high seas, 3:86 harmful effects of (see Environmental protection; Pollution; Responsibility to ensure compliance and liability for damage) and interpretation/application of Part XI, 5:409 through joint ventures, 6:326 (see also Joint ventures) and marine environment activities, 1:262–63 and marine environment protection/ preservation, 4:147–54, 227–31, 6:882 marine scientific research and dispute settlements/interim measures, 4:655 and marine technology development/ transfer, 4:706–18 military, 6:147–48, 6:147n.1, 6:149 plans for work for (see Plans of work) plans of work for (see Plan of work for activities in the Area) regulations/provisions governing, 6:80–84 Review Conference on, 6:323, 329 special features of negotiations regarding, 5:277–78 U.S. on, 4:150, 152–53, 228, 6:73, 82, 244–45, 253 use of term, 1:208, 2:27, 32–33, 3:86, 4:749, 5:266, 269, 6:71–75, 6:81– 82nn.10–13, 6:84, 212, 360, 515, 523, 825 who may carry out activities, 6:311 Act of God, 4:304 Acts or omissions, 1:290–91, 369–70 Addis Ababa Declaration (1973), 1:6–7, 9–10 Adede, A. O. (of Kenya), 1:110, 5:8 Ad hoc chambers of the Sea-Bed Disputes Chamber (see also Sea-Bed Disputes Chamber) vs. ad hoc chambers of the Tribunal, 5:409 agreement on, 5:408 composition/duties of, 1:392, 5:361–63 disputes submitted to, 1:291–92, 6:621– 25, 627, 919–20 establishment of, 5:409 and interpretation/application of the Convention, 5:408 necessity of, 5:409–11 Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction consensus used by, 1:19 documentation of, 1:li, 2:xxxv, 3:xxxiii, 4:xxxi, 5:xxvii, xxxiii, 6:xxxi establishment of, 1:xxvi, li, 18, 2:2–3, 3:2–3, 5:xxvii, 6:19–20

Index of Volumes I-VI marine scientific research provisions, overview of, 4:430 Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of the National Jurisdiction sessions of, 6:20–23 Ad Hoc Sea-Bed Committee, 4:79, 91 Adjacent, use of term, 2:73, 431–32, 2:432nn.19–20 Adjacent coasts. see Opposite or adjacent coasts Administrative expenses of the Authority, 1:273–74, 287, 481, 488, 490, 6:534–40, 915 of the Enterprise, 1:374–76 Administrative tribunal for the Authority, 1:284–85 Admiralty, rules of, 5:158–60, 5:160n.3 Adverse effects economic, 1:264, 268, 278, 282, 488, 3:117–18, 121 on interests of a State Party, 1:487 use of term, 6:268 Advisory Committee on Administrative and Budgetary Questions (ACABQ; U.N.), 6:408, 535 Advisory opinions (see also Sea-Bed Disputes Chamber) vs. decisions, 5:367 ICNT on, 6:642–43 of the International Court of Justice, 6:642, 644 ISNT on, 6:642 Part XI on, 6:918–21 RSNT on, 6:643 of the Sea-Bed Disputes Chamber, 1:273, 293, 393, 5:367, 6:641–44, 921 of the Tribunal, 6:379, 381–82, 386, 613, 641–42 Aegean Sea Continental Shelf case, 5:30–31n.5 Afghanistan, 3:376, 404, 416–17, 426 African-Asian Legal Consultative Committee (1972), 3:282n.7 African National Congress of South Africa, 5:487 African States on breadth of territorial sea, 2:497 on conservation/management of living resources, 2:600 on the continental shelf, 2:845 on delimitation of the territorial sea, 2:138 on enforcement of laws/regulations of coastal States, 2:791 on the exclusive economic zone, 2:529–30, 548–49, 556–57, 624, 627, 802–3 on installations, 2:578

295 on islands, régime of, 3:333–34 on landlocked States, 2:698, 700–703 on low-tide elevations, 2:128 and marine technology development/ transfer, 4:668 on national/regional marine scientific and technological centres, 4:721 on States’ rights/duties in the exclusive economic zone, 2:556–57 Tribunal membership of, 5:344 on utilizing living resources, 2:620, 624, 627 African States Regional Seminar on the Law of the Sea (1972), 1:6–7, 59, 2:79, 620, 696, 801–2 Afro-Asian Legal Consultative ComÂ� mittee, 1:59 Agreement (see also Arrangements; Cooperation; Treaties; World Trade Organization) on ad hoc chamber members, 5:408 between archipelagic States, 1:224, 226 by the Authority, 1:265–66, 489 bilateral, regional, subregional, 1:226, 235–37, 256, 314, 316–17, 328–29, 336, 3:412–13, 4:27–32, 477, 4:477n, 4:520–24, 677, 5:25–27 on binding decision, 5:25–27 commodity, 1:354 on conciliation, recourse to, 5:310, 313 conferring jurisdiction, 1:388 by consensus, 1:270, 341 (see also Consensus) by Council of the Authority, 1:278 on delimitation between opposite or adjacent States, 1:212, 238–39, 242–43, 258 on enforcement of laws/regulations, 1:238 by the Enterprise, 1:350 establishing an organization, 1:401 fisheries, and access to living resources, 1:231, 234–38, 335 free trade and custom union, 1:487 free zones, 1:257 international, 1:215, 328, 331, 335, 338, 340–41, 388, 391 on marine scientific research, 1:316–18 multilateral trade, 1:267 nongovernmental agreements on vessel-source pollution, 4:182 others, 1:388 between parties to a dispute, 1:328–29, 331–32, 336–37, 380–81, 392, 394–95, 397–99, 5:142–46 on protection/preservation of marine environment, 1:312 upon ratification of the Convention by a state, 5:38 special, 1:256, 377–78, 389, 5:384 between States Parties, 1:340–41

296 to submit controversy to another court or tribunal, 5:435–37 on technology, 1:324 on transit and access to and from sea, 1:255–57 use of term, 5:375 Agreement (1994), 1:471–91, 6:855–74 (see also Annex III; Annex IV) accession to, 1:474–75 adoption of, 1:472, 3:xvi, 6:4, 6:4n, 6:62, 6:62n.226, 6:63, 856 amendments to, 1:486 application of, as States Parties, 1:476 authentic texts of, 1:476, 6:860 on the Authority’s establishment, 6:336–38 on the Authority’s financial arrangements, 6:528, 530–34, 541–43, 856 on the Authority’s organs, 1:476–77, 491, 6:65n.232, 6:366, 370, 484 on the Authority’s powers/functions, 1:476–78, 6:484–85 and the Boat Paper, 6:60–61, 6:60n.223 on the common heritage of mankind, 1:471, 473, 6:855 consent to be bound by, 1:474–76, 6:62–63, 856, 858 on contracts financial terms of, 1:489, 6:650–51, 709–18, 728, 872–73 plans of work in the form of, 1:477– 79, 481, 483, 488 revision of, 1:489 suspension/termination of, 1:481 terms/conditions of, 1:488 transfer of technology by contractor, 1:486 on costs to States Parties, 1:476–77, 6:351, 363, 484, 860–66 on the Council, 6:65n.232 on the Council’s composition, 6:406, 411, 419, 431 on the Council’s decision-making process, 1:484–85, 490–91, 6:4, 6:65n.231, 6:336–37, 375, 377, 406, 414–15, 419, 431, 867–69 on the Council’s powers/functions, 1:477, 479–85, 6:435–38, 454–57 on decision-making, generally, 1:483– 86 drafts of, 6:61–62, 6:62n.226 (see also Boat Paper) on economic assistance to developing States, 1:488–89, 6:261–62, 872 on the Economic Planning Commission, 1:477, 6:465–66, 468, 472 on the Enterprise, 1:482–83, 486, 488, 6:507–10, 512, 523, 666–67, 866–67 entry into force, 1:475–76, 480, 6:859 on environmental assessment/protection, 1:479, 482, 6:192, 197–98

Index of Volumes I-VI on the Finance Committee, 1:489–91, 6:873–74 goals/successes of, 6:4, 64–65, 6:64– 65nn.230–232, 6:67 implementation of, 1:480–81 on institutional arrangements, 1:476–82 on the Legal and Technical Commission, 1:477–79, 484–85, 6:474–75 on Part XI, 1:474, 486, 6:855–58 on plans of work, 1:477–83, 6:681–83 on potential applicants, 6:689, 6:689n.42 on production authorizations, 6:690–91 on production policies, 1:487–88, 6:260–61, 264, 279–80, 6:279– 80n.21, 6:682–83, 870–72 provisional application/interpretation of, 1:475–76, 479–81, 6:61, 63, 6:63n.227, 6:855, 859 on reserved areas, 1:480, 483, 6:697, 700–701, 6:700n resolution 48/263 on, 6:855–56, 6:856n and the Review Conference, 1:486, 6:64, 6:64n.230, 6:234, 6:318n, 6:319, 321–22, 334–35, 6:334n.19, 6:869–70 Secretary-General as depositary of, 1:476, 6:860 signatories to, 1:474–75, 493–94 simplified procedure for, 1:474–75, 6:858 on States Parties, use of term, 6:860 and the Statute of the Enterprise, 6:764– 67, 771, 788, 790–91, 806, 809–10, 814–16 on technology transfer, 1:478, 486, 6:176, 189, 675–78, 870 on training programs, 1:486, 6:734 on universal participation in the Convention, 1:471–73, 6:855–56 use of term, 6:549 Agreement Between Denmark, Finland, Norway and Sweden concerning Cooperation in Measures to Deal with Pollution of the Sea by Oil (1971), 4:27 Agreement Between Denmark, Finland, Norway and Sweden Concerning Cooperation to Ensure Compliance with the Regulations for Preventing the Pollution of the Sea by Oil (1967), 4:27 Agreement Between the Government of the United States of America and the Government of the French Republic concerning the Wreck of the CSS Alabama (1989), 3:164n Agreement Establishing the Common Fund for Commodities, 6:787, 796– 97, 799 (see also Common Fund Agreement)

Index of Volumes I-VI Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil (1969), 4:27 Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (1983), 4:31 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. see Draft Agreement on Straddling and Highly Migratory Fish Stocks Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979), 6:11n.30 Agreement on Regional Co-operation in Combating Pollution of the SouthEast Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency (1981), 4:30 Agreement on the Privileges and ImmuÂ� nities of the International Atomic Energy Agency (1959), 6:548 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (1993), 3:43, 48–58, 3:145n.9 Aguilar, Andrés (of Venezuela) influence of, 1:63 Negotiating Group 6 chaired by, 1:94, 417, 2:833 RSNT work of, 1:119–20, 5:481 and the Second Committee, 1:411, 2:xlvii, 1, 833–34, 943, 1008–9, 1012, 3:xlv, 1, 17 Aids navigational, 1:214, 223 safety, 1:223, 2:379–83 warning signals, 1:230, 263, 321, 4:629–31 Aircraft (see also Overflight) archipelagic passage of, 1:226–27 assistance to, 1:213, 2:163 (see also Search and rescue services) Charter of the United Nations on, 2:341–42 and coastal States, 2:378 danger to, 1:213, 2:163, 384, 388–89 in exclusive economic zones, 1:229 fuel dumping, prevention/reduction/ control of, 4:167, 4:168n government, 1:250, 308, 312, 4:326–29 hot pursuit by military aircraft, 1:251, 3:247–48, 250–51, 254–56, 258–59, 510, 615

297 innocent passage of, 1:213–14, 2:175, 342–43, 406 laws/regulations on, 2:332–48, 481–87, 4:211–12, 233, 315–19 marine environment protection/preservation and pollution from, 4:207–13, 233–39, 243, 315–19, 391, 416–21 marine scientific research and use of, 4:459–61 military, 1:249–51, 308, 336 piracy on, 1:248–49, 3:201–2 (see also Pirate ships or aircraft) pollution from, 1:208, 302–3, 307, 4:56n.8, 4:59 private vs. state, 3:200 publicity of danger to, 2:384, 388–89 Sea-Bed Committee on, 2:334 sovereign immunity of, 1:223, 312, 4:417–18 State, 4:417, 421 and straits, 1:221, 223, 2:385, 388 transit passage of, 1:221, 2:385 use of term, 2:175 Air Navigation Convention (1919), 2:73 Air piracy, use of term, 3:201–2 Air routes, 1:226–27 Air space (see also Sovereignty) archipelagic, 1:225, 2:463–80 area of, international, 1:270 Argentina on, 2:902 and coastal States, 2:66–68, 70–74, 374 over the continental shelf, 1:241, 2:902–5 freedom of, 3:81–82 innocent passage in, 2:156–57 legal status of, and freedom of the high seas, 2:52, 64, 156–57, 406, 437–42, 900–907, 3:70–71 legal status of, and Part XI, 6:877 legal status of, over superjacent waters, 1:258 outer limits of, 2:86 pollution of, 1:302, 307, 4:207–13, 319 Sea-Bed Committee on, 2:901–2, 6:87–89 sovereignty over, 1:209, 219, 225, 302, 307, 2:66–68, 70–74, 3:96–97, 496, 548 over straits, 1:219, 2:282, 299, 320 superjacent Declaration of Principles on, 1:175, 6:88–89 legal status of, 6:69, 87–92, 318–19, 323, 325, 329 and the marine environment, regard for, 6:208 over territorial seas, 1:209, 302, 307, 2:86 use of term, 2:73–74

298 Air traffic control, radio frequencies for, 1:221, 2:346 Albacore tuna, 1:345, 3:46 Albania, 2:280 (see also Corfu Channel case) Albat, M. (of Latvia), 3:484 Aldrich, Mr. (of the U.S.), 6:480–81 Alexander, L. M., 2:103n.18, 111–12n.6 Alexander VI, pope, 6:5n.5 Algeria, 2:303, 318, 337, 358, 535–356, 981, 4:648n.3 Alien species, 1:295, 4:73–76 Allowable catch, 1:230, 233–37, 253–54, 335, 3:304–13, 585–86, 589, 598–99, 611 “All states” formula for treaty participation, 5:170, 180–82 Amador, García (of Cuba), 1:453 Amendments adoption of, 5:255, 257, 267–72 to the Agreement, 1:486 Assembly’s approval of, 6:335 bindingness of, 6:334n.17 circulation/notification of, 1:344 competence over, 1:403 conferences for considering, 1:341, 5:244–66 as controversial, 5:173 to the Convention, 1:341–42, 5:244–66 Council’s approval of, 6:335 and denunciation proceedings, 5:281– 82, 284 entry into force, 1:270–71, 342–43, 5:251, 253, 255–59, 275–78 exclusion of, 1:341 formal confirmation or accession, 1:403 formal stages of, 5:274 Informal Plenary debate on, 5:248–49 international organizations’ proposals of, 5:191 majority required for, 5:275–77 moratorium periods, 5:250–62 to Part XI and to the Agreement, 1:486 to Part XI, 5:255 ratification of/accession to, 1:270–71, 403, 5:257 relating exclusively to activities in the Area, 1:270–71, 342–43, 5:270 Review Conference adoption of, 1:270– 71, 6:319, 321–26, 329–35, 6:330n.7, 333n.14, 334n.17 rules, regulations and procedures of the Authority, 1:279, 283 to Sea-Bed Disputes Chamber rules, 5:417 Secretary-General on, 5:171–72 signature to, 1:342, 5:273–74 by simplified procedure, 5:260–61, 267–69 simplified procedure for, 1:341–42

Index of Volumes I-VI to the Statute of the Tribunal, 1:393, 5:416–18 use of term, 5:247, 299 Amerasinghe, H. Shirley (of Sri Lanka), 6:46n.170 on access, 5:62–64 on amendment/revision of the ConÂ� vention, 5:248–49, 262–64 on Antarctica, 4:393n on binding decisions/binding force of decisions, 5:83–84, 91–92 on conciliation, 5:33n.1 on consensus, 5:264 on convening UNCLOS III without a single preparatory text, 1:53 on the Convention as a package deal, 2:22, 3:22, 5:248 death of, 1:62, 409 on depositary functions, 5:297 on dispute settlement, 5:xiii, 9–10, 27, 29, 64–65, 73, 90–92, 110–11, 117, 135–36 on final provisions, 5:174 ICNT work of, 1:121–23, 5:104 ISNT work of, 5:9–11 on national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:744 on non-self-governing territories, 5:481 on participation clause of final provisions, 5:184 on peaceful purposes, 3:90 on the Preparatory Commission, 5:475 as President of UNCLOS III, 1:lvii, 15, 62, 84–86, 125, 409, 5:9 on prompt release of vessels and crews, 5:68–70 on provisional measures, 5:54–55, 57 on reservations to the Convention, 5:220–21 on rights of parties to agree on a procedure, 5:144–45 on rules of procedure, 5:364 as Sea-Bed Committee chairman, 6:23 on the Security Council, 5:138–39 SNT work of, 1:117–18 tributes to, 1:409, 1:409n.24 on UNCLOS III’s application, 4:393n American Institute of International Law, 2:399 American Treaty on Pacific Settlement (Pact of Bogotà; 1948), 5:26, 311 Amoco Cadiz disaster (1978), 4:193, 201, 270, 301, 305, 312 Amoco Ocean Minerals (U.S.), 6:67n.237 Amorphous Groups, 4:657–58 Amphictyonic Congress of Panama, 1:436

Index of Volumes I-VI Anadromous stocks, 2:665–79 Australia on, 2:669 Canada on, 2:669, 672 conservation/management of, 3:286– 89, 590, 599, 611 Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, 2:678n, 3:301 Denmark on, 2:670 and the Drafting Committee, 2:677–79 Eastern European Socialist States on, 2:670 Evensen Group on, 2:672–73 in the exclusive economic zone, 2:505–6 expenditures to renew, 1:234 exploitation of, arrangements for/jurisdiction over, 3:590–91, 612 fisheries and fishery resources for, 3:590–91 fishing of, 1:233–34 ICNT on, 2:676–77 Ireland on, 2:671 ISNT on, 2:673–74 Japan on, 2:669, 671 list of, 2:667n.2 Main Trends Working Paper on, 2:672 Malta on, 2:669 New Zealand on, 2:669 RSNT on, 2:674–75 Sea-Bed Committee on, 2:668–70 Second Committee (UNCLOS III) on, 2:676 Soviet Union on, 2:669 State of origin of, 2:43 Sub-Committee II on, 2:669–70 UNCLOS III on, 2:665, 670–77 U.S. on, 2:668–69, 671–72 utilization of, 2:619–20 Anchorage, 1:308 Andean Group, 5:189 Anglo-American admiralty law, 4:301 Anglo-American common law, 4:304 Annex I (Basic Conditions of General Survey, Exploration and ExploiÂ� tation), 6:39, 654 Annex I (Highly Migratory Species), 2:995–99 Annex I (London Dumping Convention), 4:165, 169 Annex I A (Settlement of Disputes), 5:312 Annex I C (Draft of Statute of the Tribunal), 5:334, 400 Annex I D (Navigation Disputes), 5:362 Annex II (Commission on the Limits of the Continental Shelf). see CommisÂ� sion on the Limits of the Continental Shelf Annex II (London Dumping ConvenÂ� tion), 4:173–74

299 Annex II A (Fisheries), 5:444 Annex II B (Pollution), 5:444 Annex II C (Scientific Research), 5:444 Annex II D (Settlement of Navigation Disputes), 5:10–11 Annex III (Basic Conditions of ProsÂ� pecting, Exploration and ExploiÂ� tation), 6:35, 647–755 on activities carried out by the Enterprise, 6:707–8 on activities in reserved areas, 6:702–4 and the Agreement, 6:650–51, 674–78, 681–83, 690–91, 703 and Annex II, 6:654–56 on applicable law, 6:751–53 Belgium on, 6:657 Brazil on, 6:652 on common heritage of mankind, 6:651 on contracts, financial terms of (see Contracts, financial terms of) on data transfer, 6:662–63, 729–32 on dispute settlement, 6:676–77, 690 Eight-Power group on, 6:652, 660–61, 664, 667, 671, 686, 733, 750 on exclusive right to explore/exploit, 6:668, 734–36, 6:736n on exploration/exploitation, 6:650, 652, 658, 662, 665–69 France on, 6:657, 686–87 Germany on, 6:657 Green Book on, 6:657, 674 Group of 77 on, 6:652, 6:652n.5, 6:656–57, 6:657n.16, 6:660–61, 667, 671–72, 733 and ICNT, 6:656–57, 659–60, 662–63, 668–69, 672–73, 678–80, 685, 692–93 industrialized States on, 6:657, 661–63 and ISNT, 6:653, 6:653n.8, 6:658–59, 662, 667, 671, 683, 686, 692 Italy on, 6:657 Japan on, 6:657, 671, 686 on joint arrangements, 6:705–7 on marine environment protection, 6:663, 6:663n, 6:675 on marine scientific research, 6:664–65 on monopolies, 6:655–56, 685–89 and negotiating groups, 6:654–56 Norway on, 6:684 overview of, 6:647–58 PBE Series on, 6:653, 6:653n.9 on penalties, 1:368, 6:676, 745–48 on pioneer investors/potential applicants, 6:694–97, 6:694n.45, 696n on plans of work applicants for, 6:651, 690–97, 6:694n.45 approval of, 6:650–51, 665–67, 674– 75, 680–90

300 on preference/priority among applicants, 6:684, 704–5 on production authorizations, 6:651, 690–97, 6:694n.45 on production policy, 6:658 on prospecting, 6:660–65 on qualifications of applicants, 6:656– 62, 667–78 and Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:651, 664, 669, 674, 688, 6:688n.39 on reservation of areas, 6:697–701, 6:698nn.49–52 and Resolution II, 6:66 on responsibility for damage, 6:753–55 on rights/obligations under contracts, transfer of, 6:750–51 and RSNT, 6:653–54, 6:653n.8, 6:659, 662, 667–68, 672, 683, 686, 692 on rules, regulations and procedures of the Authority, 6:66, 736–44 Soviet Union on, 6:657n.16, 6:661, 671–72, 686 on sponsorship, 6:673–75 on technology transfer, 6:650–51, 655– 57, 673, 675–80, 700 on title to minerals, 6:658–59 on training programs, 6:660, 662–63, 732–34 U.K. on, 6:656–57, 686 U.S. on, 6:651–52, 656–57, 6:657n.16, 6:660–61, 667, 671–72, 674 Western European and Other States on, 6:657 WG.21 on, 6:655–57 on who may exploit the Area, 6:652, 6:652n.5, 6:667–68 and the Working Group of the Whole, 6:654 Annex III (London Dumping Convention), 4:174–75 Annex IV (Statute of the Enterprise), 1:370–78, 6:756–820 and the Agreement, 6:764–67, 771, 788, 790–91, 806, 809–10, 814–16 and the Agreement Establishing the Common Fund for Commodities, 6:787, 796–97, 799 allocation of net income, 1:374, 6:804–6 Authority’s relationship to, 1:370, 6:512, 515–16, 759, 765, 767–68, 771–75, 6:773n, 774n.15 commercial character/principles, 6:764, 770 Director-General and staff, 1:372–73, 6:763, 766, 776–77, 782, 790–91, 796–802 documentation of, 6:757–58 finances, 1:286, 374–76, 6:509, 763–64, 806–13

Index of Volumes I-VI France on, 6:769, 780, 784 Governing Board, 6:760, 776–84 powers/functions of, 1:371–72, 6:763, 784–86, 6:786n Green Book on, 6:763–64, 813 Group of 77 on, 6:759–60, 767–68, 772–73, 776, 779–80, 783, 810, 812, 818–19 ICNT on, 5:312, 6:761–62, 768–70, 773, 775–84, 786–95, 800–801, 805, 811–13, 815, 819–20 independent functioning, 6:766, 806 industrialized States on, 6:760–61, 765, 768, 770, 812 ISNT on, 6:760, 767–68, 775, 802, 810 joint ventures, 6:764–66 Latin American States on, 6:759 legal capacity, 1:286 legal status, privileges and immunities, 1:377–78, 6:759–60, 763–64, 817–20 limitation of liability, 1:370, 6:775–76 LL/GDS Group on, 6:779 location, 1:373, 6:764, 802–3 Mauritius on, 6:776 Mexico on, 6:811 Netherlands on, 6:769, 798, 812–13 Norway on, 6:811 operations, 1:376–77, 6:768–69, 813–16 overview of, 6:66, 506, 758–60 Poland on, 6:811 purposes/functions of, 1:370, 6:759, 765–71 reports and financial statements, 1:373, 6:803–4 RSNT on, 6:760, 769–70, 773, 776, 779–81, 783–84, 786–87, 794, 800, 803, 805, 810, 815, 819 sources for, 6:756 Soviet Union on, 6:772, 777, 780, 798, 803 and the Statute of the World Bank, 6:778, 786–87, 797–98, 800 structure, 1:370, 6:776–77 technology transfer, 4:710, 6:509, 765, 791 UNCLOS III’s accomplishment of, 6:35 U.S. on, 6:760, 763–64, 780, 802–3, 810–13 WG.21 on, 6:762–63, 767–69, 778–96, 798–99, 801–5, 812, 815, 819–20 Annex V, 4:661, 5:312, 325 Annex VI (Statute of the International Tribunal), 1:382–93, 5:331–418 on access, 5:374–78, 411–13 on the ad hoc chambers of the Sea-Bed Disputes Chamber, 5:408–11 amendments to, 1:393, 5:416–18 on applicable law, 5:383, 413–14 on competence, 1:388, 5:373–83

Index of Volumes I-VI on composition, 1:382–83, 5:341–42 on conduct of cases, 5:388 on consequences of ceasing to fulfill required conditions, 1:385, 5:354–55 on costs, 5:398–99, 5:399n.37 on default, 5:389–90 on disputes subject to other agreements, 5:378–83 and duplicating content of the Convention, 5:387 on enforcement of decisions, 5:414–16, 5:415n on establishment of the Tribunal, 5:333–37, 5:335n.11 on expenses, 1:388, 5:371–73 on finality/binding force of decisions, 5:396–98 general provisions of, 1:382, 5:337–38 on hearings, 5:388 on incompatible activities, 1:384, 5:351–53 on institution of proceedings, 5:384–85 on international cooperation, 4:696–98 on judgments, 5:391 on jurisdiction, 5:378–80 on majority decisions, 5:390–91 on marine science development, 4:486– 87, 669 on members, 1:385–87 and judges, use of terms, 5:342, 349, 388 nationality of, 5:341–45, 365–69 participation in a particular case, 1:384–85, 5:353–54 remuneration of, 5:369–71 solemn declaration by, 5:348, 355–56 on membership, 1:383, 5:343–45 on nominations/elections, 1:383, 5:345–47 on organization, 1:382–88, 5:341–73 overview of, 5:332–40 on the President, Vice-President and Registrar, 1:385, 5:356–57 on privileges and immunities, 1:385, 5:355, 5:355n on procedure, 1:389–91, 5:383–99 on provisional measures, 5:385–88 on a quorum, 1:385–86, 5:358–60 on requests to intervene, 5:392–93 on right to intervene in cases of interpretation/application, 5:394–96 on rules, 1:386, 5:363–65 on the Sea-Bed Disputes Chamber, 1:386, 391–93, 5:360–61, 399–417 sources for, 5:331–32 on special chambers, 1:386, 5:361–63 on States’ rights/jurisdiction, 4:722 on the Statute of the International Court of Justice, 5:336–37, 341–42, 347– 50, 383 on technology development/transfer, 4:668

301 on terms of office, 1:383–84, 5:347–51 on vacancies, 1:384–85 Annex VIII (Special Arbitration). see Arbitration; Special arbitration Annex IX, 5:193 Annex XI. see Draft Agreement on Straddling and Highly Migratory Fish Stocks Annexes, 5:173, 286–88 (see also specific annexes) Annual fixed fees, 1:357, 361–62, 429, 489 Antarctica, 4:393n Anti-monopolization. see Monopolization of activities in the Area Applicability of law re contracts/contractors, 1:369, 6:751– 53 by a court or tribunal, 1:333, 369, 6:751–52 ICNT on, 6:752 re investigation of foreign vessels, 4:339–40, 342–43 ISNT on, 6:751 land-based pollution regulations, enforcement of, 4:219–20 for marine pollution violations, 4:261, 358–59 RSNT on, 6:752 for the Sea-Bed Disputes Chamber, 1:392, 5:413–14 Standard Clauses on, 6:752–53 Statute of the Tribunal on, 5:383 Tribunal decisions re, 1:388 use of term, 5:73 of laws and regulations, 1:251, 301–2, 308–9 of Part XVII (Final Provisions), 5:463–64 of regulations, 1:222, 246 of rules and standards, 1:302–10, 334, 477, 4:215–16, 219–20 of the Statute of the Tribunal to the SeaBed Disputes Chamber, 5:416 Applicants (see also Application; Data, transfer of; Plan of work for activities in the Area; Sponsorship) conflicts between, 1:429 preference and priority among, 1:356 procedures to be followed, 1:349–50, 352–53, 355, 428 for production authorizations priority among, 1:354–55, 430–31 selection among, 1:279, 283, 354–55, 6:437, 443, 453–54, 651, 690–97, 6:694n.45 qualifications of, 1:349–51, 353–54, 478, 6:656–62, 667–78 registration as pioneer investor, 1:427–31

302 selection among, 1:283, 353–56, 430–31 transfer of rights and obligations, 1:369 Application (see also Applicants; Fees; Pioneer areas; Plan of work for activities in the Area; Provisional application/ interpretation) to a court or tribunal, 1:333, 389, 5:75–78 of final provisions, 5:191 for a joint-venture operation, 1:482–83 in pioneer area, 1:427–29 for plan of work, 1:348–55, 357, 430, 6:256–57, 260, 272, 275–76, 278–79, 6:930–32nn.1–4, 6:930–39, 952–56, 6:953n production authorizations, 1:265–67, 279, 283, 354–55, 372, 431 of revision/amendment clauses in international agreements, 5:246n.1 Applied research. see Marine scientific research; Scientific research Appropriate official channels, 4:556–57 Arab Group, 1:84–85, 2:859, 6:140–41 Arabic language, for authentic texts, 5:301–4 Arabic Language Group, 1:413n.29, 5:303 Arab States, 2:318, 396, 4:296–97, 340, 409–14, 640–41, 6:346 Arango, M. (of Colombia), 3:482 Arbeitsgemeinschaft Meeretechnisch Gewinnbare Rohstoffe (Germany), 6:67n.237 Arbitral tribunal (see also Proceedings; Provisional arrangements/measures; Special arbitral tribunal) arbitrators, 1:393–95 award of, 1:292, 396–97, 5:433–37 binding decisions/binding force of decisions of, 5:38, 84 constitution of, 1:394–95, 5:425–29, 5:426n default of appearance, 1:396, 5:433–34 duties of parties, 1:395–96, 5:431–32 English Channel Continental Shelf case, 1:463, 5:169–70 expenses of, 1:396, 5:432 facilities for, 1:395 formation of, hindrances to, 5:428–29 functions of, 1:395, 5:430 jurisdiction of, 1:291–92, 331–32 majority decisions of, 5:432–33 nationality of members, 1:394–95 number of members, 5:425–27 procedures of, 1:292, 395–96, 5:40, 430–31 remuneration of, 1:396 rules of, 5:422–23 vacancies in, 5:426, 435

Index of Volumes I-VI Arbitration, 5:421–37 (see also Arbitral tribunal; Special arbitration; UNCITRAL Arbitration Rules) access to, 5:60–65 activities in the Area excluded from, 5:437 application to entities other than States Parties, 5:437 arbitrators, 1:393–95 binding commercial, 1:291–92, 351– 52, 364, 428–29, 6:919–20 commercial, 1:291–92, 351–52, 364, 428–29, 5:423, 6:625–29, 919–20 conflicts among pioneer investors, 1:428–29 documentation of, 5:421 Draft Agreement on Straddling and Highly Migratory Fish Stocks on, 3:670–72 draft proposals for, 5:8–11 of fisheries disputes, 3:30, 34 forms of, 5:41–42, 422 institution of proceedings, 1:393, 5:422–23 for interpretation/application disputes, 5:6 of marine scientific research disputes, 3:34 Model Rules of Arbitral Procedure, 5:421–22 of navigation disputes, 1:397–99, 3:34 overview of, 5:421–23 as peaceful means, 5:18 resort to, 1:330, 5:40, 42 Sea-Bed Disputes Chamber rules of, 6:621–23, 625–29 States choosing, 5:422n.2 UNCITRAL, 6:622–23, 626–27, 629, 676–77, 826 Arbitrators, 5:422, 424–29, 432 Archaeological/historical objects and baselines, 2:82 coastal States’ rights re, 2:275, 895, 6:230–31 in the contiguous zone, 1:338, 2:275 cooperation in protecting, 1:338 and the First Committee (UNCLOS III), 6:36 First Committee (General Assembly) on, 6:229–30, 6:230n.5 found at sea, 5:158–62 Greece on, 5:159, 161, 6:227, 6:227n.2, 6:228 ICNT on, 6:230 Informal Plenary re, 5:159 in internal waters, 6:230 ISNT on, 6:229 notification of find of, 6:232, 929, 946 preserved/disposed of for benefit of mankind, 1:263, 6:226–27, 229, 231, 883

Index of Volumes I-VI protection of, 5:158–62, 5:159n.2, 6:946 rights to, 5:158–62, 6:883 salvage of, 5:158–59 Sub-Committee I (Sea-Bed Committee) on, 6:227–29 and territorial sea’s outer limit, 2:86 vs. underwater cultural heritage, 6:232n U.S. on, 5:159, 161 use of term, 5:160 Archer, A. A. (of the U.K.), 6:270 Archipelagic sea lanes passage of aircraft, 1:226–27 designation, 1:226 marine environment protection/preservation provisions re, 4:64 and marine scientific research, 4:461 régime of, 1:77, 225 sea lanes passage, 1:24, 226–27 traffic separation schemes, 1:227 use of term, 1:226 Archipelagic States, 2:399–487 (see also Archipelagic sea lanes passage; Archipelagic waters) and aircraft, 2:405–6 baselines for, 1:224–25, 2:82, 399–400, 403–5, 416–32, 434–35, 3:624–26 and breadth of territorial sea, contiguous zone, exclusive economic zone, and continental shelf, 1:225 declaration of States as, 3:624 disputes re, 2:406 and innocent passage, 1:226, 2:200, 404–5 internal waters delimitation, 1:225 and islands, 1:224, 3:322 laws/regulations on, 2:406, 447–54, 481–87, 3:627–28 legal status of, 1:225, 2:401 and marine environment protection/ preservation, 4:181–206, 299 marine scientific research in, 4:461 Sea-Bed Committee on, 2:401, 408–9, 419, 435, 482–83 and sea lanes, 2:404–6, 463–80, 3:627 sovereignty/rights of, 1:77–78, 209, 225, 2:64, 66–67, 2:71, 86, 405, 3:625 and submarine cables, 1:226, 2:447–54 traditional fishing rights of, 1:226, 2:447–54 and traffic separation schemes, 2:404, 406 and transit passage, 2:404 use of term, 1:224, 2:38, 43, 399, 401– 3, 405, 407–15, 3:623 Archipelagic waters (see also Archipelagic sea lanes passage; Baselines, archipelagic; Due notice) air space over, 1:225, 2:463–80 archaeological/historical objects in, 6:230

303 declaration of, 3:626 delimitation of, 1:225 and freedom of navigation, 2:406 vs. high seas, 3:62–63, 65–66 hot pursuit in, 1:250–51, 4:490n innocent passage in, 1:226, 2:82, 405– 6, 455–62, 3:81, 626–29 jurisdiction in, concurrent, 3:126 laws/regulations re passage in, 3:627– 28 legal status of, 1:225, 243–44, 2:107, 437–42, 6:92 marine environment protection/preservation in, 4:144, 181–206, 208–9 marine environment protection/preservation provisions re, 4:384 marine scientific research in, 4:461, 490–95 Sea-Bed Committee on, 2:439, 457, 466–67 and sea lanes, 1:226–27, 2:38, 67–68 sovereignty over, 1:24, 209, 225, 2:66– 67, 71, 3:625, 4:490n and straits, 2:406 traditional rights in, 1:224, 226 use of term, 1:225, 2:44, 73, 401 warships in, 3:628 Archipelagos, 1:224 (see also Archipelagic States; Archipelagic waters; Baselines) as an agenda item for UNCLOS III, 1:90 baselines for, 3:623–26 and the breadth of the territorial sea, 3:479 vs. islands, 3:322–23, 3:323n Main Trends Working Paper on, 3:623–29 use of term, 2:38, 407–15, 3:323, 623 Archives and official communications, 1:288–89, 6:571–73, 6:573n.4 Arctic Ocean, 2:884, 4:158, 4:384n, 4:393, 398 Area (see also Activities in the Area; Limits of the Area; Marine scientific research, in the Area; Part XI; Who may exploit the Area) access by developing States, 6:216–25 charts of, 1:258 claims re, 1:259, 270, 6:162, 164, 171 as common heritage of mankind, 1:207, 258, 471, 2:40, 3:33–34, 3:94n.1, 5:242, 6:28, 95–99, 110, 877 vs. continental shelf, 3:33, 6:110 development of resources of, 1:264–71 exploration/exploitation of resources in, for benefit of mankind, 6:28 general provisions, 1:258 and international law, 1:262, 6:28 international régime/machinery applying to, 6:28–29, 65

304 legal status of, 1:259, 6:101–11, 6:103nn.2–3, 104n.5, 109n.11, 110n.14, 6:878 liability for activities in, 6:29 marine technology development/transfer in, 4:665–66 natural resources of, 1:262 negotiations re, special features of, 5:277–78 peaceful purposes in (see Peaceful purposes, use of the Area for) principles governing, 1:258–63, 6:93– 94, 6:93–94nn.1–3, 6:99 (see also specific principles and themes) régime of, overview of, 6:3, 69 sovereignty over, 6:28, 105–10 (see also Area, legal status of) States’ conduct in relation to, 1:259, 6:112–17, 6:113n, 116n.8, 6:878 vs. superjacent waters, 6:110 use of term, 1:143, 2:27, 32–33, 40, 3:70n, 3:80, 3:80n.12, 368n.13, 4:111n.1, 4:148–49, 749, 6:3, 28, 71, 81, 84, 6:84n.16, 6:97, 825 Areas (see also Pioneer areas; Reserved areas) vs. the Area, 2:40, 4:753 clearly defined, 1:301 ice-covered, 1:311, 4:392–98 non-reserved, 1:269–70, 353–55 (see also Pioneer areas; Reserved areas) renunciation of, 1:366, 368, 6:738–39 reservation of, 1:355 special, pollution in, 1:301, 4:181–83, 196–97, 395 Argentina on air space, 2:902 on artificial islands, installations and structures, 2:576, 920–21 on bilateral/subregional agreements, 3:412–13 on binding decisions, 5:325 on conservation/management of living resources, 2:600 on the continental shelf, 2:843–45, 902, 911, 920–21, 955 on delimitation of the continental shelf between opposite or adjacent coasts, 2:955 on dispute settlement, 5:26n.2 on exceptions to compulsory procedures, 5:130, 137 on the exclusive economic zone, 2:557, 623, 644–45, 802–3 on geographically disadvantaged States, 2:738 on landlocked States, 2:697 on marine scientific research, 4:615 on pipelines, 2:911 on Resolution II, 6:839 on States’ rights/duties in the exclusive economic zone, 2:557

Index of Volumes I-VI on stocks in the exclusive economic zone, 2:644–45 on submarine cables, 2:911 on superjacent waters, 2:902 on utilization of living resources in the exclusive economic zone, 2:623 Arm’s length transactions, 1:363, 6:715–16 Arms race, 6:147, 6:147nn.1–2, 6:149, 210, 6:210n.1 Arrangements (see also Agreement; Cooperation) by the Authority, 1:265–66 commodity, 1:354 for cooperation with international and nongovernmental organizations, 1:285 cooperative, 1:232, 300 by the Enterprise, 1:377 between the Enterprise and the Authority, 1:376 equitable, 1:235–37, 324 re evidence taking, 1:389 excluding applicability, 1:336 financial, 1:280 (see also Part XI) institutional (see Agreement (1994)â•›) joint, 1:269, 355–57, 372, 377 joint-venture, 1:356, 482–83, 486 (see also Joint ventures) re patents, 1:327 provisional/practical, 1:238, 243, 433 for search and rescue service, 1:247 (see also Search and rescue services) for transfer of technology, 1:350–51 (see also Technology transfer) for utilization of living resources, 1:231, 235–37 Arrears in payment, 1:290 Arrest (see also Crews; Detention; Hot pursuit, right of; and specific offences, such as piracy) Convention on the High Seas on, 3:507 of fishing vessels in the exclusive economic zone, 3:593–94 (see also Foreign ships or vessels, arrest or detention of) during innocent passage in the territorial sea, 3:470–72, 500–501, 560–61 notification of reasons for, 3:474 of a person, 1:216–17, 250 of a shipping vessel, 1:217–18, 238, 247, 250–52, 3:165–67, 169 use of term, 2:246, 795 Articles, use of term, 2:37–38, 74, 156, 4:751 Articles of Agreement of the International Monetary Fund (1945), 6:499n.1, 801 Artificial islands (see also Due notice; Installations; Man-made structures; Structures)

Index of Volumes I-VI and activities on the continental shelf, 2:835 as an agenda item for UNCLOS III, 1:90 Argentina on, 2:576, 920–21 construction of, 3:76–79, 83, 631–32 on the continental shelf, 1:241–42, 2:918–26, 3:632–33 in the exclusive economic zone, 1:228– 30, 2:542–43, 570–88, 3:579–81, 583, 633 and freedom of navigation, 3:76–79, 83, 633 in high seas, 1:244 legal status of, 1:230, 242 location of, 1:230, 263 Main Trends Working Paper on, 2:923, 3:579–81, 583, 631–34, 3:631n marine environment preservation/protection provisions re, 4:143, 222–26 for marine scientific research, 1:316, 4:618–19, 622 maritime space of, 3:323 vs. natural islands, 3:327, 3:327n.2 pollution from, 1:298, 302–3 removal of, 1:230, 2:589–93 in safety zones, 1:230, 251, 263, 321, 2:587 Sea-Bed Committee on, 2:574, 920–21 and territorial sea delimitation, 1:212, 230 use of term, 2:36, 122 Arusha Understanding (1986), 6:694n.45, 6:849 Asia, Pacific Coast, and traffic separation schemes, 2:216 Asian-African Legal Consultative Committee, 5:189, 484–85 Asian Group, 1:69, 83–84 Asian States, 2:497, 5:344, 6:346 Asplund, L. E. G., 2:59 Assembly, 6:371–86 (see also Assembly, powers/functions of; Authority; Enterprise; Finance Committee; Review Conference) amendment approval by, 5:270, 6:335 Canada on, 6:378, 392 and the Charter of the United Nations, 6:383–85 composition of, 6:374, 377–79, 393, 399, 893–94 vs. the Council, 6:4, 61, 142, 368, 371– 73, 377–78, 380, 382–83 decision-making in, 1:272–73, 275, 483–84, 6:65n.231, 6:336–37, 371– 72, 375, 377–78, 380–81, 383, 894 election of the Director-General of the Enterprise, 1:273, 278, 372 election of the Finance Committee, 1:490 election of the Governing Board, 1:273, 278, 371

305 election of the Secretary-General of the Authority, 1:273, 277, 284 establishment of, 1:272, 6:40 and the Finance Committee, 6:375, 377, 385, 401–2, 407–10 First Committee (UNCLOS III) on, 6:44 Green Book on, 6:382–83 Group of 77 on, 6:372, 378–81 ICNT on, 6:382, 385 inaugural meeting of, 3:xvi ISNT on, 6:372 Latin American and Caribbean States on, 6:378 Malta on, 6:378 members of membership in, 1:272–73 suspension of rights and privileges of, 1:274, 279–80, 290 use of term, 6:386 officers of, 1:272 as an organ of the Authority, 6:65, 317, 363, 366–69, 371, 373, 506, 895 Part XI on, 6:893–97 periodic review of international régime of Area, 1:269, 6:888 Poland on, 6:378 President of, 1:272–73, 6:xlvii on privileges and immunities of the Authority, 6:548 procedures of, 1:272, 423, 6:374, 377, 383–86, 6:385n.10, 6:893–94 quorum of, 1:272 on ratification/signature of the Convention, 5:211 report of the Preparatory Commission, 1:425 request for advisory opinion from the Sea-Bed Disputes Chamber, 1:273, 293 review by, 6:313–17, 6:317n.4, 6:334, 6:334n.19 RSNT on, 6:372, 380–81 rules of procedure of, 1:272, 423 Rules of the Procedure of the General Assembly, 6:383, 385–86 and the Sea-Bed Disputes Chamber, 1:273, 293, 6:374–75, 377, 634–37 Secretary-General’s reports to, 3:676, 678–80, 6:486–87, 489–90 sessions of, 1:272, 276, 339–40 sovereign equality of States reflected in, 1:26 Soviet Union on, 6:378 Tanzania on, 6:378 Tribunal, advisory opinions from, 6:379, 381–82, 386 U.K. on, 6:378 U.S. on, 6:373, 378, 382–83 voting in, 1:272–73, 290, 5:271, 5:404n.45, 6:374–75, 377–83, 385– 86, 393, 399, 893–94

306 Assembly, powers/functions of, 6:387– 403 approve amendments to the Convention, 1:342 approve regulations/procedures on exploration/exploitation, 1:274, 279, 6:388, 395 assign questions/matters to organs of the Authority, 1:275, 6:388, 391–92, 396 re the Authority’s budget, 1:273–74, 279, 6:387–88, 391–93, 401–2 Belgium on, 6:400 Canada on, 6:392 consider problems of developing States, 1:274, 6:388, 393–94 convene the Review Conference, 1:269–71 vs. the Council’s powers/functions, 6:372, 394–95, 397–400, 402–3, 443, 446, 455 decision-making, 6:401–2 developing States on, 6:399–400 Egypt on, 6:398–99 elect the Council, 1:273, 275–76, 339– 40, 485, 5:203, 207, 209, 6:387, 391– 93, 402–3, 406, 412, 415, 433–34 elect the Governing Board and Director-General of the Enterprise, 1:273, 6:387, 391–93, 395–96, 402 elect the Secretary-General, 1:273, 6:387, 391–92, 395–97, 402–3 elect the Tribunal, 6:393, 395 re equitable sharing, 1:274, 279, 6:387– 88, 393, 397–98, 6:398n, 6:402–3 establish a system of compensation or take other measures of economic assistance, 1:274, 279, 6:388, 391– 92, 397, 400, 402, 896–97 establish general policies, 1:273, 6:387, 393 establish subsidiary organs, 1:273, 6:387, 393 examine reports from the Council and the Enterprise, 1:274, 278, 6:388 France on, 6:400 Gabon on, 6:401 Germany on, 6:400 Green Book on, 6:400 Group of 11 on, 6:401 Group of 77 on, 6:378–79, 393–97, 6:398n ICNT on, 6:397, 400 incidental powers, 6:398 industrialized States on, 6:396, 398–400 re international cooperation, 1:274 ISNT on, 6:393–94 Italy on, 6:400 Japan on, 6:400 Latin American and Caribbean States on, 6:392

Index of Volumes I-VI LL/GDS Group on, 6:394, 396 Malta on, 6:392 Northern Ireland on, 6:400 overview of, 6:387–88, 391–92 Part XI on, 6:895 Poland on, 6:392 promote international cooperation, 6:388 RSNT on, 6:394–96 re the Sea-Bed Disputes Chamber, 1:391 Soviet Union on, 6:392, 394 as supreme organ of the Assembly, 6:391, 395, 398–400, 402 as supreme organ of the Authority, 1:273 supreme policy-making, use of term, 6:395 re suspension of exercise of rights and privileges, 1:274, 279–80 Tanzania on, 6:392 U.K. on, 6:392, 400 U.S. on, 6:379–80, 392, 394, 400–401 Assembly of the Inter-Governmental Maritime Consultative Organization, 4:305 Assessment of available data with respect to Area, 1:478, 482, 6:338 of damage, 1:312 environmental, 1:282–83, 297, 479, 482, 4:109–15, 121–24 of joint-venture operations in Area, 1:482 of marine scientific research data and results, 1:318 scale of, 1:273–74, 375 of technological developments, 1:482 Assistance (see also Economic assistance) duty to render, 3:170–77, 3:175– 76nn.10–11, 3:507–8, 608 to geographically disadvantaged States, 2:782–83 from international organizations, 1:238, 268, 320, 326 to landlocked States, 2:782–83 legal, 1:216–17 in marine scientific research, 1:314–15, 318, 320, 326–27, 486, 4:597–602 to persons, ships or aircraft, 1:213, 247 (see also Search and rescue services) technical to coastal States, 1:317 to developing States, 1:296–97, 325– 26, 4:98–104, 712–18 international cooperation promoted via, 1:486 to landlocked and geographically disadvantaged States, 1:235–38, 320, 324, 4:712–18

Index of Volumes I-VI marine environment protection/preservation, proposals for, 4:98– 108 and marine technology development/ transfer, 4:666, 677–78 use of term, 1:352 Asylum-seekers, rescue of, 3:175 Atlantic Ocean, 2:216, 884 Atmosphere, 1:294, 302, 307, 4:67 (see also Air space; Marine environment, protection and preservation of, regulations for; Pollution, atmospheric) Atolls, 1:210, 224–25, 2:92–94 (see also Islands) Attributable net proceeds Authority’s share of, 1:359 calculation of “return on investment,” 1:362 as a financial term of contracts, 6:710– 11, 723–24, 726–27 use of term, 1:358, 360, 362, 2:38, 6:711–12, 714 Audits, 1:287, 373, 376, 6:544–45 Australasia, 2:215 Australia (see also Group of 11) on anadromous stocks, 2:669 on the Authority’s organs, 6:369 on the Boat Paper, 6:60n.223 as chair of informal group, 5:7 on conservation/management of living resources, 2:599 on the continental shelf, 2:843 on contracts, financial terms of, 6:719 on the Council’s composition/decisionmaking, 6:423, 426 on delimitation of the exclusive economic zone, 2:802 on enforcement of laws and regulations of coastal States, 2:789 on the exclusive economic zone, 2:557, 641, 802, 5:93n.6 on the Green Book, 6:51–52 on highly migratory species, 2:651–53, 655, 997 on the high seas, use of term, 3:63 on immunities of warships, 2:261n.1 on innocent passage, 2:193–94, 225 on the international régime, 6:32 on the marine environment, 2:496–97 on marine environment preservation/ protection global and regional cooperation proposals, 4:79–80 measures to facilitate proceedings for violations, 4:321n.1 responsibility and liability provisions, 4:402 and re sovereign immunity, 4:418 and sovereign rights, 4:46–47

307 technical assistance to developing countries, 4:100–101 and vessel-source pollution, 4:187 working paper by, 4:38 on marine scientific research, 4:533–34 on marine technology development/ transfer, 4:715 on periodic review of the law of the sea, 5:293 on policies on activities, 6:252, 6:252n on production policies, 6:241 on Resolution II, 6:837 on sedentary species, 2:687–88 on States’ rights/duties in the exclusive economic zone, 2:557 on stocks in the exclusive economic zone, 2:641 on the uses of the seabed, 6:22 and utilization of living resources, 2:621–22 Austria (see also Group of 11) on the continental shelf, 2:844 on the Enterprise, 6:369 on the exclusive economic zone, 2:535 on geographically disadvantaged States, 2:744 on joint ventures, 6:305 on landlocked States, 2:708 on marine scientific research, 4:544, 593 and national marine science, technology and ocean service infrastructures, 4:746 on payments/contributions from exploitation of continental shelf, 2:937–38, 940–41 Authentic texts (see also under Final provisions) of the Agreement, 1:476, 6:860 of amendments, 5:273–74 of the Charter of the United Nations, 5:303 of the Convention on the High Seas, 3:513 of the Convention on the Territorial Sea and the Contiguous Zone, 3:503 final provisions on, 1:338–39, 5:171– 73, 273–74, 301–5 of the Geneva Conventions on the Law of the Sea, 5:302–3 of the Protocol, 6:556 of the United Nations Convention on the Law of the Sea, 1:150–51, 342, 344, 5:301–5 Authority (International Seabed Authority), 6:336–70 (see also Administrative expenses; Arrangements; Assembly; Authority, establishment of; Authority, financial arrangements of; Authority, powers/ functions of; Borrowing power;

308 Budget; Contracts; Contributions; Council; Enterprise; Financial contributions; Funds; International machinery; International régime; Joint ventures; Legal status, of the Authority; Observers; Payments; Performance requirements; Plan of work for activities in the Area; Privileges and immunities of the InternationalÂ€Seabed Authority; ProductionÂ€ authorizations; Rules and Regulations Commission; Rules, regulationsÂ€ and procedures of the Authority, financial; SecretaryGeneral (Authority)â•›) access to dispute settlement procedures, 5:61 administrative tribunal for, 1:284–85 Annex III and regulations of, 6:66 applicable law between the Authority and contractors, 1:369 arrangements by, 1:265–66 arrangements with, First Committee (UNCLOS III) on, 6:38 assessed or voluntary contributions by members, 1:286–87, 480–81, 490 audit of, 1:287, 6:544–45, 916 autonomy of, 3:676 borrowing power of, 1:286–87, 481, 6:541–43, 915 budget of, 1:273–74, 279, 287, 424, 480–81, 490, 3:676, 6:914–15 and the Assembly, 6:387–88, 391– 93, 401–2 (see also Authority, financial arrangements of) competence of, 4:449, 609 composition of, 6:40 (see also Assembly; Council; Secretariat; Tribunal) contracts with, 6:42, 933 contractual obligations of, 1:265, 267, 292, 369–70 control of activities in the Area, 1:349 Convention as constituent instrument of, 5:277 cooperation with the United Nations, 6:503–4, 6:504n.7 decisions of, 1:292, 483–86 determination of size of area, 1:366 disputes with States Parties, 1:290–91, 364, 6:608–9, 615, 617–20 documentation of, 6:xxxvi–xxxvii and economic assistance to developing States, 6:337 and the Enterprise, 1:370, 374, 376, 6:759, 765, 767–68, 771–75, 6:773n, 774n.15, 6:866 environmental protection, regulatory action for, 6:76, 190, 192–96, 198, 337–38 equitable sharing, regulatory action for, 6:143, 285, 287, 348

Index of Volumes I-VI exclusive jurisdiction over the Area by, 6:104–5 (see also Area, legal status of) exemption from taxes, 1:289 expenditures from funds of, 1:490 expenses of, 1:273–74, 287, 357, 481, 488, 490, 6:915 expenses of members borne by, 5:372 experts employed by, 1:289 exploration/exploitation of the Area, regulatory action for, 6:338, 348 facilities, 1:326, 376 finances of, 1:286–87, 481, 6:41, 44, 50, 722 (see also Authority, financial arrangements of) financial statements of, 1:287 first meeting of, 3:675 flag and emblem of, 6:550 functions of (see Authority, powers/ functions of) general provisions for, 1:271–72, 6:336–38 Group of 77 on, 6:33 and human life, regulatory action for protection of, 6:200–204, 348, 882 inability of a member to pay financial contributions, 1:290, 481 incidental powers, 1:271, 476 inspection by, 1:269, 366 institutional elements of, Part XI on, 6:65 legal basis of, 6:343 legal status of, 1:288 limitation of jurisdiction regarding, 1:292 and marine environment protection/ preservation, 4:118, 149, 153–54, 229, 231 marine scientific research, role in, 6:160, 163–70, 6:169n, 6:172, 337–38 marine scientific research conducted by, 1:261, 477–78, 6:880 marine technology development/transfer, duties regarding, 4:706–18 marine technology development/ transfer deliberations of, 4:676, 708, 710 member of, use of term, 6:549 membership in, 1:25–26, 271, 479–81 metal markets/prices monitored by, 6:337, 485 nature/fundamental principles of, 1:271, 6:351–62, 891 need for, 6:336 nondiscrimination by, 6:150, 233–34, 283, 285–91 notification of ratification and formal confirmation of the Convention, 5:199

Index of Volumes I-VI observers’ participation in, 1:271, 285, 344, 6:336, 347–50, 6:348n, 349nn.27–28, 6:504–5 offices of, 1:271 organs of, 1:272, 284, 286, 370, 476– 77, 491, 6:65n.232, 6:246, 342, 363– 70, 484, 891–93 (see also Assembly; Council; Enterprise; Secretariat; Tribunal) Part XI on, 6:65, 348–49, 886–87, 889– 93, 913–16 participation in, 6:62 participation in commodity conferences or agreements, 1:265, 354 as a party to legal proceedings, 5:413 payments and contributions from exploitation of continental shelf, 1:242, 2:946, 2:946n.19, 2:947, 3:574 penalties imposed by, 6:312 plans of work approved by, 6:103n.3, 6:337 plans of work monitored by, 6:337 policies of (see Policies on activities in the Area; Production policies) power of (see Authority, powers/functions of) preferential treatment for developing States by, 6:283, 285–92, 336 Preparatory Commission decisions implemented by, 6:337, 370 privileges and immunities of, 1:288–89, 6:916–18 procedures of, 6:383–85 production policies of, 1:265–68, 487– 88, 6:259, 261, 270, 278, 348 prospecting/exploration data assessed by, 6:338 provisional membership in, 6:61, 63, 6:63n.227, 6:350 qualifications of staff, 6:491, 910 regional marine scientific and technological centres, obligations re, 4:719–33 regulatory action for activities, 6:242–43 and revenues, 1:264, 357, 363–64, 3:574, 582, 6:132, 143, 247–48, 251, 254 rules, regulations and procedures of, 1:279, 283, 365–68, 6:736–44 scientific knowledge acquired by, 6:338 and the Sea-Bed Disputes Chamber, 1:280, 283, 5:403–5, 411–13 seat of, 1:271, 6:50, 336, 339, 342–47, 6:344n, 6:350 Secretariat, 1:272, 284–85, 424, 477, 482–83, 490 sessions, table of, 6:xlvii–xlviii sharing of financial and other economic benefits derived from activities in Area, 1:260

309 size/activities of, 6:57, 6:57n.218 staff of, 1:284–85, 289, 6:491, 910 Staff Regulations of, 6:494, 499–500 Staff Rules of, 6:500 States Parties as members of, 6:339, 342, 344–45, 6:345n.9, 6:349–50, 361–62 suspension of voting rights of States Parties, 1:290, 6:918 and technical assistance to developing States, 4:712–18 and technology transfer, 1:325–26, 350–53, 6:173–74, 176, 178–80, 183–87, 348 training programmes, 1:261–62, 325–27, 348, 357, 365, 432 transfer of technology to, 1:261–62, 270, 486, 4:666 U.S. on, 6:40 use of term, 1:208, 2:27, 32–33, 4:749, 6:71, 549, 825 Authority, establishment of, 1:271, 423–25, 6:339–50 Arab States on, 6:346 Asian States on, 6:346 Chamber of the First Committee on, 6:345n.9 consultations of, 6:59–60 and costs to States Parties, 6:336–37, 860–66 Declaration of Principles on, 6:341– 42 and the denunciation clause, 5:282 developing States on, 6:341 Fiji on, 6:345–46 France on, 6:342 general provisions re, 6:336–38 Group of 77 on, 6:343–44, 6:344n, 6:345–46 ICNT on, 6:345–47 Iraq on, 6:347–48 ISNT on, 6:343–44 Israel on, 6:348n Latin American and Caribbean States on, 6:342, 346 Malta on, 6:342, 345–46 and national liberation movements’Â€ rights as observers, 6:349, 6:349n.28 Part XI on, 6:889–91 resolution 2467 A (XXIII) on, 6:340– 41, 6:340–41nn.1–2 resolution 2574 C (XXIV) on, 6:341 resolution re, 5:473–74 RSNT on, 6:344–45, 6:345n.9 Soviet Union on, 6:341–42, 6:345n.9 Tanzania on, 6:342 U.K. on, 6:342 U.S. on, 6:341 Western European and Other States on, 6:346

310 Authority, financial arrangements of, 6:526–45 (see also Contracts, financial terms of; Finance Committee) administrative expenses, 1:273–74, 287, 481, 488, 490, 6:534–40, 915 agreed/assessed contributions, 6:531, 6:531n.3, 6:538–40, 588, 6:588n Agreement on, 6:528, 530–34, 541–43, 856 annual budget, 6:387–88, 391–93, 401–2, 532–35, 914–15 audit, 1:287, 6:544–45, 916 borrowing power, 1:286–87, 481, 6:541–43, 915 costs to States Parties, 6:532, 541, 860–66 debts, 1:287 Draft Ocean Space Treaty on, 6:526, 534, 542 economic assistance to developing States, 6:528, 536–37, 539–40 and the Finance Committee, 6:527, 532, 534–35 financial facilities, 6:550 Financial Regulations of the Authority, 6:526, 531, 6:531n.2, 6:545 financial terms of contracts, 6:530, 539 financing of the Enterprise, 6:530, 539 (see also Enterprise, financing of) First Committee (UNCLOS III) on, 6:41, 44, 50 funds, 6:528–31, 536–39, 913–14 Germany on, 6:527n.7, 6:530, 539 Group of 77 on, 6:530 ICNT on, 6:530, 534, 539, 543, 545 Informal Consultations on, 6:61 institutional arrangements, 6:532, 541 international community expenses, 6:538 ISNT on, 6:526–27, 529–30, 534, 538–39, 542–43, 545 negotiating groups on, 6:654–55 Part XI on, 6:65 regulations re, 6:450 RSNT on, 6:530, 534, 539, 543 Soviet Union on, 6:530, 539, 543 U.S. on, 6:530, 539–40, 545 Authority, powers/functions of in accordance with Part XI, 6:348–49 acquire scientific knowledge, 6:485 adopt rules, regulations and procedures, 6:485 Agreement on, 6:484–85 assess prospecting/exploration data, 6:484–85 Convention as source of, 1:476, 5:277 develop marine technology, 6:485 and development of resources, 6:233–34 early functions, 1:477–78

Index of Volumes I-VI Egypt on, 6:359 re equitable sharing, 1:260 evolutionary approach to, 1:477 exercise of, 1:268, 271, 6:283–92, 6:287n, 6:886–87 and exploration/exploitation, 1:9, 6:293, 297, 299–312 First Committee (UNCLOS III) on, 6:38, 41–42 and fundamental principles of the Authority, 6:351, 355–56 Green Book on, 6:310 ICNT on, 6:305–10 implement Preparatory Commission’s decisions re pioneer investors, 6:484 incidental powers, 6:358–61 industrialized States on, 6:310 in the interim period, 5:473–74, 6:337–38 ISNT on, 6:302–3, 336 marine scientific research, role in, 1:9, 6:348, 485 monitor contracts for exploration, 6:485 monitor markets, 1:9, 6:337, 485 overview of, 1:26 Part XI on, 6:886–87 process applications for plans of work, 6:484 regional centres/offices for, 6:339, 344–45, 350 and rights of the Authority, 6:356 RSNT on, 6:303–4, 336 Rules and Regulations Commission, 6:447, 451, 478–79 scope of, 1:9, 6:336, 343, 345, 353–56, 358–61 study economic impact of mineral production, 6:485 U.S. on, 6:360 and who may exploit the area, 6:81, 355–57 Authorizations for production. see Production authorizations Awards, arbitral tribunal, 1:292, 396–97, 5:433–37 Awol, Manyang d’ (of Sudan), 1:411, 6:xlvii Bachleda-Curus, Tadeusz (of Poland), 6:xlvii Bahamas, 2:422–23, 468 Bahrain, 2:764, 1013, 5:484 Bailey, John (of Australia), 1:410, 6:xlv, 6:35n.120 Baker, James (of the U.S.), 6:58n.219 Baleen whales, 3:316n.2 Ballah, Lennox (of Trinidad and Tobago), 6:xlvi–xlvii, 55, 481 Baltic Sea, 2:214, 3:367–68, 4:28, 202 Bangladesh, 2:88, 97, 99, 101, 2:101n.8, 6:63n.227

Index of Volumes I-VI Banks, 1:211, 240 Barcelona Convention (General Conference on the Freedom of Communications and Transit; 1921), 3:373, 375, 382, 384, 455 Bareboat charters, 3:111, 116–17 Bars to proceedings/decisions, 1:382, 390, 396, 5:317, 326–27, 389–90, 433 Basel Convention on the Control of Transboundary Movements of Hazardous Waters and their Disposal (1989), 4:27 Baselines (see also Territorial seas) archipelagic, 1:24, 77–78, 224–25, 2:38, 82, 399–400, 403–5, 416–32, 434–35, 3:623–26 and atolls, 2:92–94 and bays, 1:211, 2:89, 3:475–78, 497–98, 550–51 charts and geographical coordinates of, 1:209–10, 212–13, 225, 2:90, 94, 144–50, 424–25, 427, 3:475, 497, 625 and coasts, 2:100, 2:100n.6 and the continental shelf, 1:239–40, 242, 316, 4:515–16 Convention on the Territorial Sea and the Contiguous Zone on, 2:88, 92, 97, 101, 103, 106–8, 110, 112 due publicity to, 2:424–25, 427 and the exclusive economic zone, 1:7, 210, 225, 228, 2:82, 103, 2:103n.18, 2:106–7, 4:515–16 and internal waters, 2:82, 104–8, 405, 3:497 and islands, 1:210, 212, 224, 2:98, 100, 399, 3:322–23, 331, 333–34, 338–39, 496, 498, 637 and the low-water line, 2:87–90, 94, 101 marine environment preservation/protection provisions re, 4:265 and marine scientific research, 4:515– 16 measuring, 3:496, 549 methods of determining, 1:209–12, 219, 224, 2:129–31 and mouths of rivers, 2:89, 109–12, 3:499, 550 normal, 2:87–90, 3:549 and reefs, 1:210, 2:89, 91–94 Sea-Bed Committee on, 2:88, 92, 97, 110, 130, 419, 435 Second Committee on, 3:475–76 straight, 1:77, 2:89, 95–103, 3:496–98, 549–50, 624–25 and territorial seas, 1:77–78, 209–13, 219, 225, 228, 239–40, 242, 316, 2:61–63, 103, 145–48, 3:549–50 use of term, 2:81

311 Basic Conditions of Prospecting, Exploration and Exploitation. see Annex III Basins, 3:349, 352 (see also Enclosed/semi-enclosed seas) Bay of Bengal, 2:876, 1020, 1025 Bay of Fonseca, 2:117 Bays area of indentation of, 2:113, 117 and baselines, 1:211, 2:89, 3:475–78, 497–98, 550–51 and breadth of territorial seas, 3:476– 78, 497–98, 550–51 historic, 1:158–60, 211, 336, 2:113, 115, 3:464, 498, 530–31, 551 juridical, 2:117 mouths of, 1:211 Second Committee on, 3:464 and territorial sea delimitation, 2:113– 19 use of term, 1:211, 2:38, 115, 3:497, 550–51 Beagle Channel arbitration case, 2:142 Beesley, J. Alan (of Canada), 1:63, 80, 1:135n.1, 1:411, 5:14–15, 6:51n.195 Belarus, 6:63n.227 Belgium on Annex III, 6:657 on artificial islands, installations and structures, 2:574, 2:574n.2, 2:920 on the Assembly’s powers/functions, 6:400 on the breadth of the territorial sea, 3:482 on contracts, financial terms of, 6:727 on exploration/exploitation, 6:303 on international organizations, 5:460 on participation clause of final provisions, 5:188 on Resolution II, 6:841 special arbitration accepted by, 5:451 Belinga-Eboutou, Martin (of Cameroon), 6:xlvii Bello, Andrés (of Latin America), 6:6 The Belts (Denmark straits), 2:307–8, 2:308n.11 Benefit of mankind, 6:129–44 from activities, 1:260, 6:141–42, 360, 879 Arab Group on, 6:140–41 archaeological/historical objects preserved/disposed of for, 1:263, 6:226– 27, 229, 231 Declaration of Principles on, 1:173–74, 6:133 and developing States’ needs/interests, 6:137, 139–40, 6:139n, 6:141–44, 6:142n.14 development of resources for, 1:264, 6:235 and equitable sharing, 1:260, 6:132–41, 143

312 and exploitation, general norms re, 6:135–36 exploration/exploitation for, 1:3–4, 207, 6:28, 293, 297, 305–6, 309–10 financial and other economic benefits, 6:141–43 Group of 21 on, 6:141 Group of 77 on, 6:137, 140–41 ICNT on, 6:132, 138–40 industrialized States on, 6:142 ISNT on, 6:132, 135–36 and landlocked/geographically disadvantaged States’ participation, 6:134, 137–38, 143–44 LL/GDS Group on, 6:137–38 Malta on, 6:134 marine scientific research for, 1:261, 315, 6:160–61, 164–68, 170–71, 879 Norway on, 6:137–38 Part XI on, 6:879 and policies on activities, 6:242–43, 251–52 and production policies, 6:274–75 Qatar on, 6:140 revenues of the Authority to be used for, 6:132, 143 Review Conference on, 6:318, 327–29 RSNT on, 6:132, 137 Soviet Union on, 6:133–34 Tanzania on, 6:133 U.S. on, 6:141–42, 6:142n.16 Bermuda, 5:339, 5:339n.17 Best scientific evidence. see Scientific evidence Bey, Chinasi (of Turkey), 3:485 Bigeye tuna, 1:345 Bilateral agreements. see under Agreement Binding decisions (see also Arbitration; Compulsory procedures, entailing binding decisions; Tribunal) binding, use of term, 5:84n compliance with, 5:82–84, 396–98 by a court or tribunal, 1:328–29, 333–34, 368, 390–91, 396, 399 (see also Part XV) on entities other than States, 5:63 exceptions to, 5:87–88 finality of, 5:82–84, 396–98 on interpretation/application disputes, 5:25–27, 82–84, 394–95 on intervening States Parties, 5:392–93 limitations of, 5:82–106, 5:93nn.6–7, 96nn.11–12 on limits of continental shelf, 1:240 out-of-court, 5:83 and port States’ enforcement obligations for marine pollution violations, 4:261 by regional or third-party procedure, 5:89–91, 93–95, 5:93n.7, 5:104–5

Index of Volumes I-VI and rights of parties to agree on a procedure, 5:144 Biodiversity, 3:645 Biological characteristics of stocks. see Stocks Björnssen, M. (of Iceland), 3:484 Blackfin tuna, 1:345 Black Sea, 2:215, 3:367–68, 3:368n.12 Blow-out prevention. see Environmental protection Bluefin tuna, 1:345 Board. see Governing Board Boarding (see also Right of visit) for drug searches, 3:228, 230 for enforcement, 2:794 by port States, 3:656 of ship or vessel, 1:216–17, 238, 250 of ships flying a foreign flag/refusing to show flag, 3:612–13 Boat Paper, 6:60–61, 6:60n.223 Boats. see Fishing vessels; Foreign ships or vessels; Ships; Vessels Boggs, S. Whittemore, 2:59 Bolívar, Simón, 1:421, 435 Bolivia on conservation/management of living resources, 2:600 on equality of treatment in ports of transit States, 3:451–52 on the exclusive economic zone, 2:516–17 on free zones, 3:437 on geographically disadvantaged States, 2:749 on landlocked States, 2:701, 3:404–5, 410–11, 424–25, 442 Bonds or other financial security bond, use of term, 5:69 financial security, use of term, 5:69 investigation of foreign vessels and provisions for, 1:308, 4:337–38, 342–43, 4:343n.7 and port States’ investigations, 1:305 for release of vessels, 1:238, 309, 332–33, 5:71 suspension and restrictions on proceedings involving marine pollution violations, 4:359 use of term, 5:69 Bongsprabandh, Prince Wan Waithayakon Krommun Naradhip (of Thailand), 3:492, 536 Borrowing power, 1:286–87, 372, 374, 481 The Bosporus, 2:307–8 Botswana, 2:730, 765 Bouteiko, Anton (of Ukraine), 6:xlvi, 56 Boutros-Ghali, Boutros, 6:4 Brazil on Annex III, 6:652

Index of Volumes I-VI on artificial islands, installations and structures, 2:581 in Assembly working group on the rules of procedure, 6:384 and the Boat Paper, 6:60n.223 on the breadth of the territorial sea, 2:79, 3:486 on the collegiate system, 1:122 on dispute settlement, 5:93n.7 on enforcement of laws/regulations of coastal States, 2:793 on the exclusive economic zone, 2:564n.12, 2:581 on marine environment preservation/ protection, 4:38, 84, 113, 141, 143–44, 164–65, 167 on marine scientific research, 4:548, 565, 587–88, 652–53 on marine technology development/ transfer, 4:674–75, 696–97, 715 on nondiscrimination, 5:192 on opposite or adjacent coasts, 2:137 on UNCLOS III’s preparatory work, 1:48–49, 54 on uses of the seabed, 6:22 Working Group proposed by, 6:37n.124 Breadth (see also Territorial seas, breadth of) of the contiguous zone, 1:219, 225 of the continental shelf, 1:225, 239–40, 242, 316 of exclusive economic zones, 1:225, 228 of safety zones, 1:230, 321 Brennan, Keith (of Australia), 1:76, 410, 4:435n.18, 6:xlv, 6:35n.120 Brennan Group, 4:435n.18, 4:548, 574 Broadcasting, 1:249–50 Broadcasting from the high seas, unauthorized as an agenda item for UNCLOS III, 1:90 arrest/prosecution for, 3:231–32, 236 international restrictions on, 3:236 Israel on, 3:234–35, 3:235n.5 Main Trends Working Paper on, 3:233–34 Peru on, 3:234, 3:234n.4 Radio Regulations on, 3:236, 3:236nn.8–9 right of visit against ships engaged in, 3:237, 242–45 suppression of, 3:231–32, 3:234n.4, 3:616 U.K. on, 3:233n.3 use of term, 2:38, 3:231–32, 235–36, 616 Brunei Darussalam, 5:180n.3 Budget of the Authority (see under Authority) of the Enterprise, 1:372 of the Finance Committee (Assembly), 6:407

313 of the Preparatory Commission, 1:425 of the United Nations, 1:375, 425, 481 Buero, M. (of Uruguay), 3:485 Bulgaria, 2:793, 867, 967, 4:369, 615, 6:67 Buoys, 4:613n Bureau (Assembly), 6:383–85, 6:385n.10 Burma, 2:101 By-catch (incidental catch), 3:311n.3 Byelorussian SSR, 5:130n.37, 422n.2, 5:451 Cables and pipelines, submarine archipelagic States’ care of, 1:226, 2:447–54 Argentina on, 2:911 on the continental shelf, 1:241, 252, 2:835, 908–17, 3:521–22, 572, 632 Convention for the Protection of Submarine Cables, 3:267, 269, 272, 276 Convention on the High Seas on, 3:276 damage to, 3:266–78 Convention on the High Seas on, 3:267–68, 511–12 cost of repairs/liability for, 3:271–74, 512, 609 culpable negligence in, 3:269–70 flag State jurisdiction re, 3:269 as an incident of navigation, 3:168 indemnity for loss incurred in avoiding, 3:275–78 as a punishable offence, 3:266–70, 609 disputes re, 3:265, 5:95 due regard to, 1:241 in the exclusive economic zone, 1:229, 3:583 freedom to lay on the continental shelf, 2:835, 908–17, 3:521–22, 572, 632 Convention on the Continental Shelf on, 3:521–22 Convention on the High Seas on, 1:7, 3:505, 511 on the high seas, 3:608 Main Trends Working Paper on, 3:609 on the high seas, 1:244, 252–53, 3:608 ILC on, 3:82, 269–70, 3:270n.7 laws/regulations for protection of, 2:200, 453–54, 835 marine environment preservation/protection provisions re, 4:128–34, 181 right to lay, 3:72, 74–79, 82 Convention on the High Seas on, 3:74, 262 disputes re, 1:334 existing cables/pipelines, 1:226 in the high seas, 3:72, 74–79, 82 ICNT on, 3:264–65 ISNT on, 3:263 RSNT on, 3:263–64

314 States’ entitlement, 1:252, 3:261–65 types of, 3:264n, 3:270 use of term, 3:82 settlement of disputes over, 1:334, 3:265, 5:85, 89 in territorial seas, 1:214, 241 Cameroon, 2:709, 6:24–25 Caminos, Hugo, 1:116 Canada (see also Group of 11) on anadromous stocks, 2:669, 672 on artificial islands, installations and structures, 2:583 on the Assembly, 6:378, 392 on the Authority’s organs, 6:369 on the breadth of the territorial sea, 3:482 on charts, 2:818 on Commission on the Limits of the Continental Shelf, 2:1003–5 on the Commission on the Limits of the Continental Shelf, 2:1012–13 on conservation/management of living resources, 2:598, 2:646n.13, 3:293 on the Council, 6:420, 443–44, 462 discussions/agreements/deals re UNCLOS III issues, 1:57 on dispute settlement, 6:599 on the exclusive economic zone, 2:583, 641, 643–45, 807, 811 on fishing/fisheries, 5:91n on geographical coordinates, 2:818 on the Green Book, 6:51–52 on the high seas, use of term, 3:64 on innocent passage, 2:171, 173, 198 on the International Court of Justice, 6:642 on the international régime, 6:32 on the limits of the Area, 6:80 on the marine environment, 2:496–97 marine environment preservation/protection proposals by atmospheric pollution regulations, enforcement of, 4:316 coastal states’ enforcement obligaÂ� tions, 4:294–95 contingency plans against pollution, 4:87 enforcement obligations of flag States, 4:243 re ice-covered areas, 4:393 imminent and actual damage notification, 4:83 pollution monitoring and risk assessment, 4:112 re responsibility and liability, 4:401– 3, 406 scientific criteria for regulations, 4:95 seabed activities pollution, national jurisdiction over, 4:137–38

Index of Volumes I-VI sovereign immunity, 4:418 sovereign rights, 4:46–47 straits used for international navigation, 4:384n technical assistance to developing countries, 4:100 vessel-source pollution, 4:184, 200 working paper, 4:37–38 marine scientific research proposals by assistance and facilitation for research vessels, 4:598 conditions to be complied with, 4:540, 545 creation of favorable conditions, 4:474 general provisions re, 4:441, 446 implied consent guidelines, 4:563 re information to coastal States, 4:528 re marine technology development/ transfer, 4:665 non-recognition as basis for claims, 4:464–65 principles for conduct, 4:456–57 publication and dissemination of information and knowledge, 4:481–82, 486 re responsibility and liability, 4:634– 36 re territorial seas, 4:490–91 membership in the Authority, 6:63n.227 on policies on activities, 6:241, 252 on pollution, 6:193, 6:193n on production policies, 6:241 on Resolution II, 6:837 on the Secretary-General, 6:483, 487 on sedentary species, 2:687–88 on stocks in the exclusive economic zone, 2:641, 643–45 on straits, 2:289, 304, 318–19 on superjacent waters/air space, 6:89–90 on the Tribunal, 5:333, 6:642 on uses of the seabed, 6:22 on utilization of living resources in the exclusive economic zone, 2:618–19 Canadian Arctic Waters Pollution Prevention Act (1970), 4:398, 4:398n.7 Canals, 3:352 (see also Enclosed/semi-enclosed seas) Candidates for the Council, 1:484 for Director-General, 1:278 for the Economic Planning Commission, 1:280–81 for the Finance Committee, 1:489–90 for the Governing Board, 1:278, 371 for the Legal and Technical Commission, 1:280–81

Index of Volumes I-VI for Secretary-General of the Authority, 1:273, 277, 284 Cape Verde, 2:199n.26, 564n.12, 3:302n.11, 5:304 Caps, 1:240 Captain. see Master of a ship or vessel Caribbean Sea, 2:216 Cases, 2:xxix–xxx, 5:367, 378, 388 (see also specific cases) Cash surplus, 1:359–60 Casing practices, harmful effects of. see Environmental protection Castañeda, Jorge (of Mexico), 1:71, 123, 2:503n.36, 4:509, 6:720, 760, 810–11 (see also Castañeda Group) Castañeda Group, 3:xli composition/meetings of, 1:108–9 establishment of, 1:105, 108 and the Evensen Group, 4:435n.18 on the exclusive economic zone, 1:108– 9, 2:503, 2:503n.36, 2:539, 561–62, 4:xxxix on freedom of the high seas, 3:79, 95 on the high seas, use of term, 3:67–68 influence of, 1:108–9 on marine environment protection/ preservation, 4:xxxix on marine scientific research, 4:434, 509–11, 651–52 on States’ rights/duties in the exclusive economic zone, 2:561–62 Castañeda-Vindenes Group, 5:150 Catadromous stocks, 1:234–35, 2:505–6, 680–86, 3:286–89, 591 Catches, 1:232 (see also Allowable catch; Fishing; Statistics) Center for Oceans Law and Policy (University of Virginia School of Law), 3:ix Certificates of compliance, 1:432, 478 master’s, 1:247 pioneer investors’, 1:427, 432, 478 for vessels, 1:304, 308, 4:248–49, 285, 343 Certifying State (see also Pioneer investors; Plan of work for activities in the Area) for approval of a plan of work, 1:430 implementation of decisions of the Preparatory Commission, 1:477 obligations of, 1:432 pioneer activities of, 1:428 in pioneer areas, 1:428–29 for registering pioneer investors, 1:426–27 termination of status of, 1:430, 432 use of term, 2:38, 6:824

315 Cetaceans, 1:233, 345, 2:659, 663, 3:314–17, 3:316n.2 (see also Marine mammals) Ceylon, 6:24–25 Chairman of the Informal Meetings marine environment protection/preservation proposals considered by atmospheric pollution, enforcement of regulations re, 4:317 coastal States’ enforcement obligaÂ� tions, 4:290, 292–97 dumping prevention, reduction, and control, 4:162 flag States’ enforcement obligations, 4:249, 253–55 re ice-covered areas, 4:395–96 re investigation of foreign vessels, 4:340–41 land-based pollution regulations, enforcement of, 4:218, 220 maritime casualties, measures for avoiding, 4:309–11 monetary penalties and rights of the accused, recognition of, 4:366–68 port States’ enforcement obligations, 4:264, 266–69 powers of enforcement, 4:327–28 responsibility and liability, 4:404, 410–11 seaworthiness of vessels, 4:275 re straits used for international navigation, 4:387 suspension and restrictions on proceedings involving, 4:356–57 vessel-source pollution, 4:194–98 marine scientific research deliberaÂ�tions by assistance and facilitation for research vessels, 4:602 dispute settlements and interim measures, 4:654 international cooperation proposals, 4:470–71 non-recognition as basis for claims, 4:465 research installations and equipment, 4:617–18 re responsibility and liability, 4:636 rights of landlocked and geographically disadvantaged states, 4:589–92 suspension or cessation of research, 4:575–77 marine technology development/transfer proposals by general provisions, 4:674–75 re international cooperation, 4:696– 97, 700–701, 703–4, 709 measures for achieving, 4:693 overview of, 4:669

316 national/regional marine scientific and technological centres proposals/ provisions, 4:721, 727–28, 732 Challenger Oceanographic Expedition (1872–1876), 6:10 Chamber of summary dispute settlement, 5:361–62, 386–88 Chambers for voting in the Council, 1:484–85 (see also Sea-Bed Disputes Chamber; Special chambers of the Tribunal; Tribunal) Channels, 1:215, 226–27, 3:568–69 Charges, 1:216, 256–57, 289 (see also Fees; Production charges/royalty payments; Taxes) Charter of the Economic Rights and Duties of States, 2:535, 4:667, 681, 688, 692, 695, 6:32n.106, 6:182 Charter of the United Nations on aircraft, 2:341–242 and the Assembly, 6:383–85 authentic texts of, 5:303 and codification/development of the law of the sea, 1:207, 462–63 Commission to Study the Organization of Peace, effect on, 6:7n.15 on delimitation of exclusive economic zone, 2:801–2 and disclosure of information, 5:157 on disputes, 1:328, 2:802–3, 2:802n, 2:955–56, 2:955n, 5:17–19, 5:20n, 5:124 and general conduct of States, 1:259 on individual rights under international law, 5:61 on innocent passage, 2:174–75, 227 and the International Court of Justice, 6:512n on international peace and security, 6:116n.8 on legal capacity, 6:559–60, 6:559n.3 and marine environment preservation/ protection, 4:425–26 on passage prejudicial to the peace, 1:213–14 and peaceful purposes on the high seas, 3:89–91, 5:154–55 on privileges and immunities, 6:562– 63, 6:562–63n.1 on rights/privileges of membership, suspension of, 6:593–94 and the Sea-Bed Disputes Chamber, 6:605 and the Secretariat, 6:483–84, 489, 503 on ships, 1:221, 2:341–42 on specialized agencies, 6:503, 6:503n.3 States required to act in accordance with, 6:28, 113, 117 and technology transfer, 6:177, 6:177n.2

Index of Volumes I-VI on territories’ sovereignty, 1:433 on voting rights, suspension of, 6:588– 89, 6:589n Charts of archipelagic baselines, 1:225 of the Area, 1:258 of baselines, 1:209–10, 212–13, 225, 2:90, 94, 144–50, 424–25, 427, 3:475, 497, 625 on board a ship, 1:246 of the continental shelf, 1:240, 243, 2:882–83, 986–90, 6:84n.14, 6:85 depositary, 1:213, 225, 239–40, 243, 258 deposited with Secretary-General of the United Nations, 2:817 of baselines, 2:424–25, 427 of the continental shelf, 2:883, 986–90 of the exclusive economic zone, 2:807 of geographical coordinates, 2:821, 883 of territorial seas, 1:213, 2:144, 147, 149–50 of the exclusive economic zone, 1:239, 2:807, 817, 820, 2:820n.6 of geographical coordinates, 2:817–21, 883 large-scale, 1:209, 2:90, 94 and notification of limits of the Area, 6:77–78, 81–85 officially recognized, 1:209–10 publicity to, 1:258 by archipelagic States, 1:225, 227 of baselines, 1:213, 2:424–25, 427 by coastal States, 1:239–40, 243 of the continental shelf, 1:243, 2:986–90 of the exclusive economic zone, 2:807, 817, 820, 2:820n.6 of sea lanes/traffic separation schemes, 1:215, 222, 227 of territorial seas, 2:144, 147–49 scale of, 1:212–13, 225, 239, 243, 2:90 of sea lanes and traffic separation schemes, 1:222, 227 of territorial seas, 1:209–10, 212–13, 215, 2:144, 147, 149–50 use of term, 2:90 Chicago Convention. see Convention on International Civil Aviation Chile (see also Latin American and Caribbean States; Latin American States) on amendment/revision of the Convention, 5:246 on the breadth of the territorial sea, 3:482 on the collegiate system, 1:121–22

Index of Volumes I-VI on the common heritage of mankind, 5:241 on compulsory dispute procedures, 5:130 on the continental shelf, 2:494, 851 on the Council’s composition, 6:420 on dispute settlement, 5:127–28 on landlocked States, 2:708–9 on production policies, 6:241 on the Secretary-General, 6:483, 487– 88, 492, 497 on the SNT, 1:114 on straits, 2:304, 319 China on air space, 2:902 on the breadth of the territorial sea, 3:482 on the continental shelf, 2:843, 868, 873, 955 on cooperation of States in conservation/management of living resources, 3:298 on the Declaration of Principles, 6:26n.90 on delimitation of territorial seas, 2:435 on delimitation of the continental shelf between opposite or adjacent coasts, 2:955 on delimitation of the exclusive economic zone, 2:802 on the exclusive economic zone, 2:557, 622–23, 802 on innocent passage, 2:153–54 on the international sea area, 3:94, 100 on islands, régime of, 3:329 on landlocked States’ access to the sea, 3:413 on licensing legislation by States, 6:54 on marine environment preservation/ protection, 4:367 on marine scientific research, 4:457, 468, 482, 490, 4:580n, 605n.2 marine scientific research proposals by, 4:598 on opposite or adjacent coasts, 2:137– 38 on peaceful purposes on the high seas, 3:88 as a pioneer investor, 6:67 on pipelines, 2:911 on Resolution II, 6:841 on the right of navigation, 3:100 on the SNT, 1:114–15 on States’ rights/duties in the exclusive economic zone, 2:557 on submarine cables/pipelines, 2:911, 3:263 on superjacent waters, 2:902 on territorial seas, 2:435

317 on UNCLOS III’s preparatory work, 1:48–49 on utilization of living resources in the exclusive economic zone, 2:622–23 China Ocean Mineral Resources Research and Development Association (COMRA), 6:67, 696–97, 6:696n, 697n.48, 849n.28 Chinese language, for authentic texts, 5:301–2 Chinese Language Group, 1:413n.29, 2:374n.5 Chitty, Gritakumar, 5:xvi–xvii Chronology of law of the sea events, 1:xxx–xxxiii Civil damages re the marine environment, 4:359, 402 Civil jurisdiction, 1:217–18, 310, 2:244–47 Civil proceedings, for marine pollution violations, 4:360–61 Claims (see also Dispute settlement) re the Area, 1:259, 270, 6:162, 164, 171 disputes, 1:292, 310, 333, 381, 390, 393, 396–97 by foreign ships or vessels, 5:79–81 non-recognition of, 1:259, 314, 4:463– 65 overlapping, 1:428–29 unfounded or abusive of the legal process, 5:75–81 Closing lines, 1:211, 225, 2:115, 117–18 Coastal States (see also Applicability; Archipelagic States; Arrangements; Artificial islands; Baselines; Commission on the Limits of the Continental Shelf; Consent, of a coastal State; Continental shelf; Flag States; Islands; Opposite or adjacent coasts) abuse of rights by, 5:151 acceptance of provisions on landlocked states, 5:105–6 and aircraft, 2:378 and air space, 2:66–68, 70–74, 374 and archaeological/historical objects found at sea, 5:158–62 binding decisions for, 3:34–35 on choice of forum, 5:69 and compulsory procedures, 5:85–86, 117, 325 conservation measures by, 3:515–16 contiguous zone rights of, 3:502, 564 discretionary rights of, 5:85–86, 89, 92–94, 321 duties of, 2:221–27, 882, 1001–2, 1004, 1010–11, 1017, 5:158–62 enforcement by, 1:232, 234, 238, 305– 7, 311

318 enforcement of laws and regulations of, 2:784–95 in the exclusive economic zone (see under Exclusive economic zone) and exhaustion of local remedies, 5:79–81 and foreign ships or vessels, 2:376–77, 4:283, 285, 299–302 and innocent passage, 2:228–33, 3:499– 501, 556–59 (see under Innocent passage) jurisdiction of, 1:299–300, 303, 3:597– 604, 3:597n, 5:92, 117, 6:6 laws and regulations on, 2:367–78, 384–89, 481–87, 521–44 limitations to binding decisions/binding force of decisions, 5:85–106 and the marine environment, 2:374–75 marine environment protection/preservation, obligations re activities in the area as source of pollution, 4:149, 152–54 adverse consequences from exercise of powers, 4:331–32 contingency plans against pollution, 4:89 dumping prevention, reduction, and control, 4:166–68 dumping-related pollution, enforcement of laws re, 4:232–39 duty to publish rules and regulations, 4:3 enforcement of regulations, 4:279– 302 investigation of foreign vessels, 4:342 liability due to enforcement of regulations, 4:379 maritime casualties, 4:307–14 nature and extent of rights and responsibilities, 4:21 States’ vs. port obligations, 4:258–72 and rights, 6:945–46 seabed activities pollution, enforceÂ� ment of regulations re, 4:226 seabed activities pollution, national jurisdiction over, 4:137–46 suspension and restrictions on proceedings, 4:350 vessel-source pollution, 4:176–206 marine environment protection/preservation obligations re ice-covered area, 4:392–98 marineÂ€ scientificÂ€ research,Â€ obligaÂ� tionsÂ€re assistance and facilitation for research vessels, 4:599–602 communication of information, 4:554–57 conditions to be complied with, 4:537–53

Index of Volumes I-VI continental shelf and exclusive economic zones, 4:502–19 dispute settlements and interim measures, 4:645–56, 660 general provisions re, 4:443–65 implied consent guidelines, 4:562–68 (see also under Consent) international cooperation proposals, 4:471, 477, 480 international organizations projects, 4:520–25 overview of, 4:433–37 principles for conduct, 4:456 rights of landlocked and geoÂ� graphically disadvantaged states, 4:581–96 suspension or cessation of research, 4:569–80 marine scientific research, rights re, 2:176, 3:83–84 marine scientific research information provided to, 4:526–36 marine scientific research obligations re installations and equipment, 4:615, 617 re territorial seas, 4:488–95 and national and regional marine scientific and technological centres, 4:719–33 neighbouring, use of term, 3:582, 622 and outer limit of the territorial sea, 2:85–86 and pollution, 2:373–76, 4:89, 137–46, 149, 152–54, 176–206, 226, 232–39, 6:151–59 preferential rights of in the high seas, 3:605, 5:5n.3 in the zone beyond the territorial sea, 1:25, 34, 89, 3:586–87, 597–604, 621 preliminary process for dispute settlement, 5:76–77, 91, 95–96 Review Conference on, 6:318–19, 323, 325, 329 rights/duties/interests of and activities in the Area, 1:260, 6:151–53, 155–59 re archaeological/historical objects, 6:230–31 re cables/pipelines, 2:916n re the continental shelf, 2:891–99, 3:70–71, 83–84, 95, 521–23 re danger to the coastline, 1:260–61, 6:151 Declaration of Principles on, 1:173– 76, 6:152–53 re exploration/exploitation, 6:151– 52, 154–56 re fishing on the high seas, 3:279– 89 and legal status of superjacent waters/ air space, 6:91–92

Index of Volumes I-VI re marine environment protection, 6:152 re natural resources, 1:42, 3:33–34, 70, 96, 287–88 Part XI on, 6:879 re participating in the exploitation of the continental shelf, 2:835, 846 re participating in the exploitation of the exclusive economic zones, 2:768–72, 2:772n re passage through straits, 2:329n re pollution, 1:260–61, 6:151, 154–59 re resource deposits, 6:158, 6:158n Review Conference on, 6:318–19, 323, 325, 329 vs. States’ rights/duties in the exclusive economic zone, 2:565 re withholding consent, 5:321 safeguards against abuse of legal process, 5:76–77 and sea lanes, 2:206–10, 375 sovereignty of re archaeological/historical objects, 5:161–62 over the continental shelf, 3:571 re marine scientific research, 1:315 over the territorial sea and its air space, 1:300, 2:66–74, 3:466– 74, 496, 548 (see also Territorial seas) threat against, 1:213–14 special interests of, 3:31, 6:220 and the territorial sea, 2:66–74 and traffic separation schemes, 2:375 use of term, 2:43, 46, 3:405–6, 3:406 n.12, 4:759 Coastal States Group, 6:80 on coastal States, 2:770–71 common interests of members, 1:71 delegations of, 1:72 establishment of, 1:71 on the exclusive economic zone, 1:71–72 on geographically disadvantaged States, 2:751–52, 754–56 on landlocked States, 2:711, 714–15, 717–18 vs. the LL/GDS Group, 1:71–72 member States, 1:70–71 organization/procedures of, 1:71–72 on transfer of rights to exploit living resources, 2:780–82 Coasts (see also Coastal States) Coasts/coastline (see also Opposite or adjacent coasts) and baselines, 2:100, 2:100n.6 marine environment preservation/protection provisions re, 4:265, 286–90, 301, 305–14 use of term, 4:201n, 4:205–6

319 Cobalt, 1:267, 360, 374, 427, 6:10, 6:10n.27, 6:259 (see also Minerals derived from the Area; Polymetallic nodules) Codification Conference (Conference for the Codification of International Law; The Hague, 1930) on archipelagos, 2:399 on dispute settlement, 5:5 on freedom of navigation, 3:81n.15 history of, 1:29–30 on innocent passage, 2:166 on islands, 3:321 on the low-water line, 2:89 on the marine environment, 2:493 on the nautical mile, 2:44 on opposite or adjacent coasts, 2:134 on periodic review of the law of the sea, 5:293n Preparatory Committee, 2:279 on the right of transit passage in straits, 2:279–80 on sovereignty, 2:73 on territorial seas, 2:56, 77, 84, 89, 6:6–7 UNCLOS III’s conformance to, 1:29–30 Cod war, 2:2, 3:2 Collection of data. see Data Collegiate system, 1:xli–xlii, 121–24 Collegium (UNCLOS III) establishment/mandate of, 1:21–22 and the Final Act, 1:416–17, 447–48 and the ICNT, 1:452, 4:165, 5:131–33, 265 in the negotiating process, 1:66–68, 127–28, 130–32, 416–17 Collisions (see also Incidents of navigation; Safety at sea) assistance following, duty to render, 3:170, 507–8, 608 flag States’ duties re, 1:245–47 maritime casualties from, measures for avoiding, 1:307, 4:314 penal/disciplinary action in matters of, 1:247, 3:165–69, 3:166n, 3:507, 608 preventing, 1:215, 221, 245–47, 3:135, 137, 139, 141, 149, 4:225n Colombia (see also Latin American and Caribbean States; Latin American States) on bays, 2:116–17 on the breadth of the territorial sea, 3:482 on delimitation of continental shelf between opposite or adjacent coasts, 2:981 on the draft Agreement, 6:62n.226 on islands, régime of, 3:336 on marine environment pollution/preservation, 4:210

320 marine scientific research proposals by Area-based research, 4:605 conditions to be complied with, 4:542 dispute settlements and interim measures, 4:648 general provisions re, 4:446 re information to coastal States, 4:530 promotion of research, 4:452 suspension or cessation of research, 4:571 re territorial seas, 4:492 re water columns, 4:609 on marine technology development/ transfer, 4:703, 708 on participation clauses in final provisions, 5:189 on the Secretary-General, 6:483, 487, 492, 497 Colonial countries and peoples, 3:334– 36, 634–35, 5:183 Comisión Permanente del Pacifico Sur, 4:437 Commercial arbitration, 1:291–92, 351– 52, 364, 428–29, 5:423, 6:625–29, 919–20 Commercial production (see also Interim period; Production authorizations; Second period of commercial production) Authority revenues derived from, 1:357 beginning of/earliest, 1:265–66, 269– 70, 354, 357, 367–68 by the Enterprise, 1:352, 374 expenditures after commencement of, 1:358–64, 489 expenditures prior to commencement of, 1:265, 359–64, 367 first period of, 1:358–60, 367 pioneer investor’s relationship to, 1:429–31 rules, regulations and procedures for, 6:739, 744 second period of, 1:360 use of term, 1:366 Commercial terms. see Fair and reasonable terms/conditions for technology transfer Commission for Sustainable Development, 3:656 Commission for the Enterprise (Special), 1:424 Commission for the Limits of the Continental Shelf, 6:405 Commission for the Scientific Exploration of the Mediterranean Sea, 4:437 Commission on Marine Science, Engineering and Resources (Stratton Commission; U.S.), 6:12–13

Index of Volumes I-VI Commission on the Limits of the Continental Shelf, 2:1000–1018 Canada on, 2:1003–5 decision-making procedure of, 1:347, 2:882, 1001–2, 1004–5, 6:85 and delimitation between opposite or adjacent coasts, 2:1002, 1005, 1011 duty of coastal States to, 1:347, 2:882, 1001–2, 1004, 1010–11, 1017, 6:85 elections and membership of, 1:345–46, 2:1000, 1009–10, 1014–15 establishment of, 1:240, 345, 2:1000 expenses and secretariat of, 1:346, 2:1015 functions of, 1:346, 2:1000–1001, 1004, 1010, 1015 and the IHO, 2:1001, 1011, 1015 and the IOC, 2:1001, 1011, 1015–16 nationality of members of, 1:345–47 quorum of, 1:346 recommendations of, 1:347–48 sub-commissions of, 1:347, 2:1001, 1010–11, 1016–17 terms of office of, 1:346 U.K. on, 2:1006–8 Commission on the problems which would be encountered by developing land-based producer States (Special), 1:424 Commission on Transnational Corporations of the United Nations, 1:363– 64, 6:716 Commission to Study the Organization of Peace resolution on marine resources, 6:7–8, 6:7n.15, 8n.17, 6:11– 12, 6:11–12nn.30–31, 6:16 Committee of Experts for the Progressive Codification of International Law (1953), 1:29–30, 2:53, 59–63, 84–85, 952–53, 6:6–7 Committee of Experts on Technical Questions, 2:92, 134–35 Committee of the Whole (UNCLOS II), 2:8–9, 2:9n.11, 3:9n.11, 3:537 Committee on Conservation and Development of Natural Resources, 6:10–11 Committee on the Peaceful Uses of the Seabed and the Ocean Floor beyond the Limits of National Jurisdiction. see Sea-Bed Committee Commodities loading or unloading of, 1:214, 222 produced from minerals derived from Area, 1:264–65, 275, 485, 487 Commodity agreements/conferences, 1:354, 6:256, 266, 268, 271–72, 277 Common Fund Agreement (Agreement Establishing the Common Fund for Commodities, 1980), 6:583–84, 6:583n

Index of Volumes I-VI Common heritage of mankind, 6:5–24 (see also Benefit of mankind) activities in the Area, and development of, 1:264 and the Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction, 6:19–23 amendments disallowed, 1:341, 5:229 Annex III on, 6:651 archaeological/historical objects as part of, 6:227 and the Area, use of term, 6:97 Area as, 1:207, 258, 471, 2:40, 3:33–34, 3:94n.1, 5:242, 6:28, 95–99, 110, 877 Codification Conference on, 6:6–7 and the Commission to Study the Organization of Peace, 6:7–8, 6:7n.15, 8n.17, 6:11–12, 6:11– 12nn.30–31, 6:16 and the Committee on the Peaceful Uses of the Seabed and the Ocean Floor beyond the Limits of National Jurisdiction (see Sea-Bed Committee) and cooperation by States Parties, 6:99 debates on, 6:24, 109 Declaration of Principles on, 1:6, 19, 24, 174, 6:97, 651 and developing States’ needs/interests, 1:8–9, 6:99 and fishing rights, 6:6, 6:6n.7, 6:11 vs. freedom of the high seas, 6:100 and General Assembly resolution 2172 (XXI) on marine resources, 6:14–16 and General Assembly resolution 2340 (XXII), 6:21 and General Assembly resolution 2467 A (XXIII), 6:23 and General Assembly resolution 2574 A (XXIV), 6:24 and General Assembly resolution 2574 C (XXIV), 6:24–25 and General Assembly resolution 2574 D (XXIV), 6:25, 6:25–26n.90 historical basis for, 1:18, 6:5–6, 6:5n.5, 6n.7 landlocked States’ access to and from the sea and transit rights as, 1:256, 3:371, 378, 416–17, 419 Latin American and Caribbean States on, 6:97 and the legal status of resources, 6:109 and the legal status of superjacent waters, 6:96, 100 Legal Sub-Committee on, 6:96–97 Malta on, 2:2–3, 2:2n.4, 3:2–3, 3:2n.4, 6:6, 15–18, 21–22, 97–98 and mining rights, 6:11

321 ocean space as, 6:97–98 and outer space, 6:11n.30 resources as, 1:15, 6:28, 53 Review Conference on, 1:270, 6:318, 323, 325, 329 Tanzania on, 6:97 and territorial vs. high seas, 6:8–9, 6:9n.21 and title to minerals, 6:658 and the Truman Proclamation, 6:7 UNCLOS I on, 6:8–9 U.S. on, 6:96–97 and U.S. marine science policy, 6:12– 13, 6:13n.35, 13n.38 use of term, 6:96 Communications (see also under Secretary-General (United Nations)â•›) on amendments to the Convention, 5:244, 270–71 and archives, 1:288–89, 6:571–73, 6:573n.4 Authority, 1:289 circulation of, 1:341–42 competence of international organizations, 1:401–2 facilities for, 1:214 by international organizations, 5:460–61 re marine scientific research, 1:317–19, 4:554–57 on pollution and pollution regulations, 1:297, 300–301, 4:288–90 radio and systems, 1:214, 221, 245–46, 250 to the Secretary-General (Authority), 1:342 by States Parties, 1:341–42 telegraphic or telephone, 1:252 by the Tribunal, 1:393 Compensation (see also Assistance; Compensation fund; Economic assistance) for damage from marine scientific research, 1:322, 4:636–42 from pollution, 1:311–12, 4:7 from unjustified boarding, 1:250 from unjustified hot pursuit, 1:252, 3:248, 251, 254, 260, 511, 615 re the fishing industry, 1:232 through insurance, 4:402–4, 414 land-based producers, 1:268, 274, 279, 282 marine environment preservation/ protection provisions, 4:354–55, 402–15 of the Registrar of the Tribunal, 5:370–71 for Tribunal members, 1:387

322 Compensation fund (for land-based producers of minerals), 1:286–87, 424 (see also Compensation) Competence certificates of, withdrawal of, 3:165–67, 169, 507 of States, 4:185–87 transfer/presumption of, 5:192–93, 456–58, 460–63 Competent international organizations, 1:313–27 (see also International organizations) acceptance of States’ rights/obligations by, 1:400–401 and applicability of Part XVII, 1:403 bonding/financial security via, 1:306–7 conservation data contributed/ exchanged through, 1:254 cooperation among, 4:734–37 cooperation with, 1:222, 230–31, 255, 268, 285, 295, 314–15, 323, 325, 327, 346, 488, 4:706–11 Council Commissions’ consultation with, 1:281 re the EEC and dispute settlement, 5:187 marine environment preservation/protection by, 1:334 marine environment preservation/protection provisions and coastal States’ enforcement obligations, 4:301 and enforcement obligations of flag States, 4:253 international rules and national legislation for pollution prevenÂ�tion, reduction and control, 4:133 land-based pollution regulations, enforcement of, 4:221 measures to facilitate violations proceedings, 4:324 and port States’ enforcement obligations for marine pollution violations, 4:261 preferential treatment for developing states, terminology referring to, 4:107 seabed activities pollution, enforcement of regulations re, 4:226 and vessel-source pollution, 4:185, 193, 201–2, 204–5 and marine scientific research in the Area, 4:603–7 conditions to be complied with, 4:537–53 creation of favorable conditions, 4:473–78 general criteria and guidelines, 4:558–60 general provisions re, 4:449 on implied consent, 4:561–68

Index of Volumes I-VI implied consent guidelines (see also under Consent) international cooperation proposals, 4:469–71 land-locked and geographically disadvantaged States’ rights, 4:581–96 promotion of research, 4:452 responsibility and liability for, 4:632–42 right to conduct, 4:440, 603–7 suspension or cessation of, 4:569–80 in water columns, 4:608–11 marine technology development/transfer proposals, 4:677–78, 702–5 national/regional marine scientific and technological centres, obligations re, 4:719–33 pollution rules/standards established through, 1:307 presumption of competence, 5:192–93 proceedings attended by, 1:307–8 on sea lanes/traffic separation schemes, 1:215, 227 as signatories to the Convention, 5:456–57 transference of/information re competence, 1:401–2 use of term, 3:20, 4:14–17, 84, 146, 735–36 Compliance with binding decisions, 5:82–84, 396–98 certificates of, 1:432, 478, 6:830 re conservation/management, 3:654 with decisions/judgments, 5:414–16 enforcement of, 3:654–56 inspectors to assure, 1:280, 283 noncompliance of warships with coastal State laws and regulations, 1:218, 2:253–59, 2:255n proceedings on behalf of the Authority for noncompliance, 1:280 with provisional measures, 5:58–59 responsibility to ensure, and liability for damage, 1:259–60, 6:118–28, 6:126n, 6:753–55, 878 voluntary, 4:272, 299 Compulsory procedures (see also Arbitration; Conciliation; Exceptions/exclusions) adjudication vs. conciliation, 5:143 applicability of, 5:85–86, 98, 107–8 debate on, 5:129–30 entailing binding decisions, 1:330–37, 5:37–84, 111–12 access to, 5:60–65 and applicable law, 5:72–74 conciliation procedure, 5:325–27 exceptions/limitations to, 3:35–36, 5:38–39, 85–112, 5:93nn.6–7, 96nn.11–12

Index of Volumes I-VI experts used in, 5:49–51, 5:50n.4 finality of, 5:82–84, 5:84n re fisheries, 3:29–30 ICNT on, 5:98–101, 104, 112–15 jurisdiction in, 5:46–48, 72–74 after local remedies are exhausted, 5:79–81, 5:80n.2 Optional Protocol re, 2:3, 3:3, 494, 525–26 preliminary proceedings, 5:75–78 procedures for, 1:27, 333–34, 5:37– 45, 5:39n, 5:312 re prompt release of vessels/crews, 5:66–71 provisional measures for, 5:52–59, 5:55–56nn.9–11, 56nn.13–14, 57n.21, 57nn.18–19 RSNT on, 5:96nn.11–12 U.S. on, 5:6, 5:50n.4 overview of, 5:38–39, 107–41 right to submit to, 5:142–46 COMRA. see China Ocean Mineral Resources Research and Development Association Conciliation, 5:311–27 (see also Conciliation commission) acceptance of procedures, 5:311 to achieve consensus on a Council proposal, 1:276–78 vs. adjudication, 5:143 allegations requiring, 5:86, 107 as alternative procedure, 5:116–17 amicable, 5:320 applicability of general provisions, 5:327 on application/interpretation of the Convention, 5:310–27 binding force of, 5:38, 310–13 binding/nonbinding (see also Compulsory procedures) binding submission to, 5:326 re coastal States, 5:85 compulsory, 4:650–51, 5:92, 310–13, 325–27 conciliator list, 1:379–80, 5:311, 313–15 debates on, 5:124–25 discretionary powers of parties, 5:321 draft proposal for, 5:9, 13 exemptions from, 5:85–86, 107–41 failure to reply or submit to, 1:382, 5:326–27 fees of, 1:381, 5:324 for future disputes, 5:13, 127 institution of proceedings, 1:379–82, 5:310–14, 326 as last resort procedure, 5:38, 120, 310–11 multiple parties to, 5:318, 5:318n notification/circulation of, 5:314 overview of, 5:310–13

323 parties to, 5:319 as peaceful means, 5:18 procedures for, 5:13–14, 32–34, 312– 13, 323–24 refusal to submit to, 5:310, 321, 327 and the Sea-Bed Disputes Chamber, 5:35–36 sources for, 5:309 submission of a dispute to, 1:329, 334– 36, 382 termination of, 5:32, 34, 323–24 time limits for, 5:126, 318, 321–23 voluntary vs. compulsory/obligatory, 5:32–34, 5:33n.1, 5:312–13, 318–21, 323–25 Conciliation commission amicable settlement by, 1:380–81 chairman of, 5:317 competence of, 1:382, 5:327 constitution of, 1:379–80, 5:315–18 for delimitation disputes, 5:125 expenses of, 1:381 functions of, 1:381, 5:320–22 institution of proceedings of, 1:379 intervention by, 5:107 limitations and exceptions for, 1:335– 36, 5:86, 321 list of conciliators, 1:379–80, 5:311, 314 membership of, 1:380, 5:314–15, 318 nominations to, 5:314–15 nonbinding proposals of, 5:33, 310–11 procedure of, 1:380–81, 5:312–13, 319–20 reports/recommendations of, 5:107, 319, 321–23 re rights of a coastal State, 5:85 termination of, 1:380–81 time limits for, 5:316–18, 322–23 vacancies in, 5:315, 318 voting of, 1:380 Conciliation committee, 5:311 Conference for the Codification of International Law. see Codification Conference Conference of the Developing Landlocked and other Geographically Disadvantaged States, 2:698n.5, 3:380 Conference on Succession of Sates in Respect of State Property, Archives and Debts (1983), 5:182n Conference Room Paper (CRP) on the Rules of Procedure, 5:xxix Confidential data/information nondisclosure of, 1:428, 490, 6:458, 461, 495–98, 571, 573, 730 from prospecting, 6:929, 946–48 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:731–32 Resolution II on, 6:839

324 Conflicts (see also Disputes; Dispute settlement) of interest, 1:371 minimization of, 6:241 among obligations of an international organization, 1:401 overlapping, 1:428–29 resolution of, 1:229, 292 Consensus (see also Council, decision-making in, by consensus) on amendments, 1:270, 341, 393, 5:416–17, 6:234 decision-making by, 1:270, 276–78, 375, 483–84, 491, 5:265–66, 5:265n.14, 6:431–32 Declaration of Principles on, 1:20 Gentlemen’s Agreement, 1:lxiii–lxiv, 20–21, 31, 101–2, 1:190n.1 marine environment protection/preservation, role of, 4:20 vs. reservations, 5:216, 220, 226–27 Review Conference, 1:270 use of term, 1:lxiv, 276–77, 2:38, 5:264–65, 6:413 vs. voting, 1:lxiii–lxiv, 14, 20, 5:265–66 Consent vs. agreement re binding decisions, 5:143–44 to be bound, 1:208, 474–76, 5:38, 89, 180–81 of a coastal State express, 1:240–41, 315, 322 to marine scientific research, 1:315– 16, 318–20, 322, 334–35, 2:349– 53, 4:490–91, 493–95, 501, 503– 10, 512–13, 518–19, 528–31, 533, 535–36 re pipelines on the continental shelf, 1:241 on resources lying across limits of national jurisdiction, 1:260 express, 1:240–41, 315, 322, 4:495 to marine scientific research, 4:561–68, 594, 614–15 of a party to a dispute required, 5:143 Conservation/management of living resources, 3:290–317 (see also Convention on Fishing and Conservation of the Living Resources of the High Seas; Cooperation; Draft Agreement on Straddling and Highly Migratory Fish Stocks; Fisheries and fishery resources; Living resources) allowable catch/sustainable yield, 1:230, 233–37, 253–54, 335, 3:304– 13, 585–86, 588–89, 598–99, 611, 669 Argentina on, 2:600 conservation vs. management, 3:29, 300–301

Index of Volumes I-VI cooperation of States in, 3:37–38, 44–45, 48, 290–303, 3:302n.11, 3:529 Declaration of Principles on, 1:175 and development of resources, 6:235 dispute settlement re, 3:517–18 disputes over, 1:335 duties of States to adopt measures for, 3:41–42, 3:41n.32, 3:279–317, 3:291n.2, 292n.4, 294n.8 in enclosed/semi-enclosed seas, 1:255, 3:630 in the exclusive economic zone, 1:230– 35, 2:594–611, 3:587–94, 620–21 General Assembly resolution 900 on, 1:155–56 on the high seas, 1:233–34, 253–54, 262, 3:610–12 ILC on, 3:281, 286 international conservation and management measures, use of term, 3:49 by international organizations, 1:230– 31, 233, 238, 254 Main Trends Working Paper on, 2:603– 4, 3:293, 587–94, 610–12, 620–21 marine environment protection/preservation, concepts involving, 4:11–12 marine mammals, 2:659–64, 3:314–17, 3:316nn.2–4 nondiscrimination against fishermen of any State, 3:304–9, 312–13, 589, 611 organizations for regulating, 3:301, 312, 366, 588, 603–4, 610 policies on, 6:241, 244, 246–49, 251 precautionary approach to, 3:645–47, 669 by regional and subregional organizations, 1:232–33 right to fish on the high seas, 3:279–89, 3:288n.14 scientific information/statistics, exchanging, 3:304–9, 3:311n.3, 3:312, 611 technical assistance and training in, 1:323, 327 in territorial seas, 1:214 use of term, 2:491n, 3:291, 300–301, 514 Consolidated alternative texts, 4:543, 616–17 Consolidated Gold Fields (U.K.), 6:67n.237 Consortia, 1:349, 353 Constitution of the Food and Agriculture Organization (FAO; U.N.), 6:488n.1, 499n.1, 502 Constitution of the International Labour Organization (ILO), 6:499n.1 Constitution of the World Health Organization (WHO), 5:247, 6:499n.1 Constitution of the United Nations Educational, Scientific, and Cultural

Index of Volumes I-VI Organization (UNESCO), 6:488n.1, 499n.1 Consular officers, 1:216–17, 310, 2:242– 43, 4:375 Consumers/producers of minerals, 1:264–65, 275, 424, 477, 485, 488 Contiguous zone (see also Convention on the Territorial Sea and the Contiguous Zone) as an agenda item for UNCLOS III, 1:32–33, 88 archaeological/historical objects in, 1:338, 2:275 and archipelagic States, 1:225, 2:82 breadth of, 1:219, 225 and breadth of territorial seas, 1:219, 225, 3:462–63, 481–86, 502 coastal States’ rights in, 3:502, 564 delimitation of, 2:433–36, 3:502, 563, 638–39 establishment of zones, 2:275 general provisions, 1:209 hot pursuit in, 1:250–51, 2:275 innocent passage in, 2:51–52 islands in, 1:254, 3:636 jurisdiction in, 3:69n.16 legal status of, 2:54 limits of, 1:209–13, 3:563 Main Trends Working Paper on, 3:563– 64, 3:563n and outer limits, 2:86 permissible extent of, 5:159–60 popularity of zones, 2:275 rights of coastal States in, 2:82, 266– 75 of States lying opposite or adjacent to each other, 3:502, 563, 638–39 and territorial seas, 2:51–58, 266–75 use of term, 1:219, 2:38 Continental margin, 1:239–40, 434, 2:877 (see also Plateaus) Continental or insular land territory, 5:107, 117–18 Continental rise, 1:239, 2:874 Continental shelf, 2:825–992 (see also Baselines; Commission on the Limits of the Continental Shelf; Convention on the Continental Shelf; Exploitation; Jurisdiction; Natural resources; Outer limits) as an agenda item for UNCLOS III, 1:33, 88 air space over, 1:241, 2:902–5 and archipelagic States, 1:225 vs. the Area, 3:33, 6:110 Argentina on, 2:843–45, 902, 911, 920– 21, 955 and artificial islands, installations and structures, 1:230, 241–42, 251, 263, 2:835, 918–26, 3:632–33 breadth of, 1:225, 239–40, 242, 316

325 cables/pipelines on, 1:241, 252, 2:835, 908–17, 3:521–22, 572, 632 charts and geographical coordinates of, 1:240, 243, 2:882–83, 986–90, 6:84n.14, 6:85 China on, 2:843, 868, 873, 955 coastal States’ rights/duties re, 1:240– 42, 3:70–71, 83–84, 95, 571–75, 4:66 data on, 1:346–47 delimitation of and artificial islands/installations/ structures, 1:230, 321 and the Commission on the Limits of the Continental Shelf, 2:825 and the continental margin, 2:834– 35, 877, 1021 and the Continental Shelf Boundary Commission, 2:850 disputes re, 2:40n and the exclusive economic zone, 2:491–93, 2:492n.3 exemptions in disputes re, 5:133 Final Act, Annex II on, 2:1019–25 and installations, 1:263 Ireland on, 1:45 measurement from baselines, 1:240, 2:433–36, 825–26, 850 negotiating groups on, 2:833–34 between opposite or adjacent coasts, 2:835, 948–85 agreement on, 1:242–43 Algeria on, 2:981 Argentina on, 2:955 China on, 2:955 Colombia on, 2:981 and the Commission on the Limits of the Continental Shelf, 1:348, 2:1002, 1005, 1011 disputes re, 2:827 Drafting Committee on, 2:975–76 Germany on, 2:968 Greece on, 2:956 ICNT on, 2:964, 974, 978 ILC on, 2:953 India on, 2:971 International Court of Justice on, 2:952–54, 981–83 Iraq on, 2:971 Ireland on, 2:958–59, 981 ISNT on, 2:960–61 Ivory Coast on, 2:971–72 Japan on, 2:955–57 Kenya on, 2:959 Koh on, 2:979–80 Main Trends Working Paper on, 2:959–60 Malta on, 2:955 Mexico on, 2:972 Morocco on, 2:964, 966, 971 Netherlands on, 2:957–58 Norway on, 2:967

326 overlapping claims re, 2:827 Papua New Guinea on, 2:967 Peru on, 2:966, 972 Romania on, 2:959, 966, 982 RSNT on, 2:961–63 Sea-Bed Committee on, 2:954–55 Second Committee on, 2:962–63, 976, 978 Somalia on, 2:981 Spain on, 2:963–64 Tunisia on, 2:959 Turkey on, 2:955–56, 961, 964, 980–81 U.S. on, 2:967–68, 981 Venezuela on, 2:980 publicity to, 1:240, 2:849–50 and revenue sharing, 2:834 sedimentary-rock thickness for determining, 2:1019, 1021–22 Sri Lanka on, 2:1020–22 between States, 3:576–77 Truman Proclamation on, 2:827–28 200-mile limit, 2:40–41 depth of, 1:3 draft articles on, 1:154–55 drilling on, 1:242, 316 experts on, 1:345–46 exploration and exploitation of, 1:240– 41, 3:572–75 (see also Truman Proclamations) extension of, 6:229–30 freedom of navigation on, 3:572–73 and the Hedberg formula, 2:850, 878–79 hot pursuit, 1:251 installations on, 3:572–74, 632–33 of an island, 3:324, 326, 329, 331–33, 335–37, 634–36 legal status of installations/equipment on, 4:620–22 legal status of superjacent waters and air space, 1:241 limits of charts showing, 1:243, 6:84n.14, 6:85 and the continental margin, 6:3n.1 and limits of the Area, 6:3, 6:69n.1, 6:77–78, 81, 84–86 outer, 1:239–40, 3:571, 575–76 Main Trends Working Paper on, 3:571– 78, 3:571n and marine environment protection/ preservation, 4:144–45, 166, 181–82, 223–24, 226, 232–39 marine scientific research on communication of information about, 4:555 conditions to be complied with, 4:537–53 dispute settlements and interim measures, 4:655, 658 general provisions re, 4:440, 446

Index of Volumes I-VI implied consent guidelines for, 4:567 (see also under Consent) information to coastal States, duty to provide, 4:526–36 installation and equipment provisions, 4:614–15 international cooperation on, 4:496–519 international organizations projects, 4:520–25 non-recognition as basis for claims, 4:464–65 publication and dissemination of information and knowledge about, 4:485 rights of coastal States re, 1:315–19 safety zones around installations, 4:625 suspension or cessation of research, 4:569–80 territorial seas provisions, 4:490–92 natural resources of, 3:575, 577 outer limits of, 2:86, 879, 881–82, 887–89 payments/contributions from exploitation beyond 200 nautical miles, 1:242, 2:930–47 pollution of, 1:241, 299, 303, 3:574 rights of coastal States over, 1:315, 2:891–99 safety zones on, 3:572–74 scientific research on, 3:578 of States lying opposite or adjacent to each other, 3:522–23, 576–77, 595, 638–39 superjacent waters, 1:241 Truman Proclamation on, 1:1–2, 2:493, 827–28 use of term, 1:2–3, 8–9, 239–40, 2:38, 40–41, 2:549n.7, 2:828–29, 837–83, 3:521, 571 waters superjacent to, régime of, 3:577 Continental Shelf Boundary Commission, 2:850 Continental Shelf case (1977), 2:551n.10 Continental Shelf case (1982), 2:814n.23, 2:983, 5:133 Continental Shelf case (1985), 2:519n, 2:551–52, 2:826n, 2:983, 3:352, 5:133 Continental Shelf Delimitation arbitration case, 2:142 Continental slope, 1:239–40, 2:874, 879 Contracting Parties (see also Contractors; States Parties) access to tribunals, 5:62–63 categories subject to dispute settlement procedures, 5:89–91, 107–8 and exceptions to compulsory procedures entailing binding decisions, 5:90–91 exploration/exploitation in the Area by, 6:298–302

Index of Volumes I-VI and jurisdiction of the Tribunal, 5:379–80 making/withdrawal of declarations, 5:91, 95–96, 107–8, 110–13 on marine environment preservation/ protection, 4:350–51 marine incineration facilities, obligations of, 4:171–73, 4:185n.8 and participation clause of final provisions, 5:185 predecessor States as, 5:180–81 rights/responsibilities as signatory of the Convention, 5:186–87 use of term, 2:32 Contractors (see also Awards, arbitral tribunal; Expenditures; Fees; Financial contributions; Taxes) attributable net proceeds of, 1:358, 360, 362 cash surplus, 1:359–60 contributions of, 1:353, 358–64, 488 development costs for, 1:359–63, 2:38, 6:712–14, 724–25 emergency orders for, 6:943–44 financial obligations of, 1:364 gross proceeds of, 1:359–62, 2:39, 6:712, 714 guidance of, 6:949 marketing costs of, 1:361 net proceeds of, 1:358, 360, 362, 2:39, 6:712, 714 notice and general procedures for, 6:948–49 operating costs of, 1:360–64, 2:39, 6:713–14 penalties for, 1:368, 6:312 qualifications of, 1:351 responsibility/liability for damage, 6:127, 943 return on investment of, 1:358–59, 362 right of first refusal of, 1:483 rights and obligations of, 1:349–50, 364, 366, 368–69, 6:940, 943–44 right to explore for/exploit minerals, and plans of work, 6:103n.3 schedule of, 1:265 suspension of rights under contracts, 1:368, 6:745 suspension of termination of rights of, 1:368 transfer of rights and duties of, 1:366, 369 use of term, 6:127n.8 Contract Regarding an [Interim] Supplement to Tanker Liability for Oil Pollution (CRISTAL), 4:182 Contracts (see also Contractors; Contracts, financial terms of; Interpretation/application; Plan of work for activities in the

327 Area; Terms and conditions for fishing rights and conservation measures) approval period for, 6:103n.3 and the Authority’s financial arrangements, 6:530, 539 Authority’s monitoring of, 6:485 authorization for carrying out activities in the Area, 1:268–69, 478–79 and denunciation of the Convention, 5:279, 283 disputes between parties, 1:291–92, 351–52, 364 duration of, 6:737–39, 941 of the Enterprise, 6:294, 304, 311, 510, 522–23, 702–4, 6:704n, 6:705–6, 6:705n entry into force, 1:357 for exploration/exploitation, 6:103n.3, 6:293–94, 297, 299–300, 304, 306– 10, 312, 939–43, 957–72 fees, 1:357, 361–62 financial contributions, 1:358–64 financial incentives, 1:357 inspectors to assure compliance, 1:280, 283 monetary penalties, 1:351–52, 368 penalties for violating, 1:368, 6:676, 745–48 and periodic review of plan of work, 6:942 plan of work in the form of, 1:268–69, 349, 352–53, 357, 477–79, 481, 483, 488 pre–Review Conference, 6:319, 322, 324, 326–29, 331–32 revision of, 1:269, 356, 369, 489, 6:748–50 Sea-Bed Disputes Chamber on, 6:619, 6:619n.18, 6:637 security of tenure, 1:269, 271, 365 size of area and relinquishment, 6:941 suspension/termination of, 1:269, 351– 52, 356, 368, 481 technology obtained by, 1:350–51 and termination of sponsorship, 6:942–43 terms/conditions of, 1:265, 283, 349– 50, 357, 366, 368–69, 392, 488 and training, 6:942 transfer of rights/obligations/duties under, 1:369, 6:750–51 transfer of technology by contractor, 1:350–52, 357, 366, 486 Contracts, financial terms of, 6:708– 29 accounting principles/financial rules, 6:716, 728 Agreement on, 1:489, 6:650–51, 709– 18, 728, 872–73 annual fixed fees, 6:709, 717, 721–22, 724

328 application fees for administrative costs, 6:709, 721–24, 6:724n, 6:728, 936–37, 6:936n.7 arm’s length transactions, 1:363, 6:715–16 attributable net proceeds, 6:710–12, 714, 723–24, 726–27 auctions, 6:718–19 Australia on, 6:719 and the Authority’s finances, 6:722 Belgium on, 6:727 bonus payments, 6:720n.69 capital assets, 6:713 after commencement of commercial production, 1:357–64, 489 commercial-production periods, 6:711 and the Commission on Transnational Corporations of the United Nations, 6:716 contractor’s development costs, 6:712– 14, 724–25 contractor’s gross proceeds, use of term, 6:712, 714 contractor’s net proceeds, use of term, 6:712, 714 contractor’s operating costs, use of term, 6:713–14 contributions/payments to the Authority by contractors, 6:709–10, 718–19 currencies, 6:716, 722 development costs of the mining sector, use of term, 6:714–15 disputes about, 6:717–18, 728 dispute settlement on rules and regulations for, 1:489 Economic Planning Commission recommendations, 6:716 Federal Republic of Germany of, 6:727 financial data, 6:716, 728 financial obligations expressed in constant terms, 6:716 and financing of the Enterprise, 6:718 France on, 6:727 German Democratic Republic on, 6:719 Group of 77 on, 6:725–26, 6:726n, 6:727 and the Group of Experts on Tax Treaties between Developing and Developed Countries, 6:716 ICNT on, 6:720–24, 726–28 ideological differences on, 6:723, 6:723n.74 incentives to contractors, 6:723, 728 industrialized States on, 6:657, 6:723n.74, 6:726, 6:726n, 6:727 ISNT on, 6:719 Japan on, 6:727 and land-based mining, 6:726 LL/GDS Group on, 6:719 market value of processed metals, 6:709–10

Index of Volumes I-VI Mexico on, 6:720 MIT model, 6:723, 6:726n negotiating groups on, 6:654 negotiation of, 6:720 Norway on, 6:726 objectives of, 6:708–9, 725 principles for, 6:717–18 processed metals, 6:715–16 production charges/royalty payments, 6:718, 721–28 profit, use of term, 6:722 profit-sharing, 6:721–24, 728 rate of return, 6:719, 725–27, 6:726n rental fees, 6:718 return on investment, use of term, 6:714–15 revenue sharing, 6:718–22 RSNT on, 6:654, 719–20 taxation system, 6:720, 725–27 and title to minerals, 6:659–60 trigger system, 6:725, 727 Contributions to the Authority from members, 1:273– 74, 279, 286–87, 290, 480–81, 490, 3:574, 582 (see also under Authority, financial arrangements of) by a coastal State for exploitation of continental shelf, 1:242, 274 contractor’s, 1:353, 358–64, 488 by developing States, 1:242 to the Enterprise by States Parties, 1:374–75 equitable sharing of, 1:242, 274, 279, 3:574 voluntary, 1:286, 374–75, 488 Convention, use of term, 2:37, 74, 156 Convention (United Nations Convention on the Law of the Sea; 1982) (see also Accession; Agreement; Amendments; Declarations/statements/notifications; Denunciation of the Convention; Dispute settlement; Entry into force; ICNT; Implementation; International law; International organizations; Interpretation/application; Part XI; Ratification; States Parties) adoption of, 1:420–23, 5:195–96, 6:52, 6:52n.202 process leading to, 1:132–34 amendment/revision of, 5:244–66, 270– 78, 6:59 (see also Informal Consultations) annexes to, 1:343, 5:286–88 (see also specific annexes) applicability of exceptions and limitations to compulsory/binding proceedings, 5:98 applicable law, 5:73, 5:73n.3 authentic texts of, 1:150–51, 342, 344, 5:301–5

Index of Volumes I-VI as codifying customary international law, 1:13, 17–18, 462–64, 1:464n.27, 2:39 collegiate approach to, 1:xli–xlii, 121–24 commentary on organization of, 1:xlii–xliii compromises of, 1:15, 25 consent to be bound to, 5:89, 180–81, 6:62 as constituent instrument of the Authority and the Tribunal, 5:277 cooperation of States bordering enclosed/semi-enclosed seas, application to, 3:365–66 criticisms/shortcomings of, 1:12–13 denunciation clauses of, 5:282–83 (see Denunciation also of the Convention) vs. the Draft Agreement on Straddling and Highly Migratory Fish Stocks, 3:645 Drafting Committee documentation as interpretive material for, 1:146–52, 1:147nn.61–63, 149–50n.72, 151n.76, 152nn.80–81 effect/impact of other treaties, 5:242 entitlement to participate in, 5:179 evolution of text of, 1:xli vs. Geneva Conventions on the Law of the Sea, 1:340, 5:229, 232, 234–35, 237–39, 242–43 history of, 1:18–23 implementation of, 6:675–80 industrialized States’ rejection of, 6:3–4 (see also Agreement (1994)â•›) influence/successes of, 1:xxviii, 11–12, 15–16, 23, 3:ix, 675–76 vs. international agreements, 5:381–82 introduction of, 1:207–8 leadership of, 1:14–15 on marine environment protection/preservation, 4:3–22 on marine scientific research, 1:27 as a multilingual treaty, 1:150–52, 1:151n.76, 152nn.80–81 on national jurisdiction, 1:24–25 negotiating groups of, 1:14 (see also specific groups) vs. other conventions and international agreements, 5:229–43, 5:231n.2, 233n.5 as a package deal, 1:lxv, 12, 14, 18, 2:22–23, 2:22n.45, 3:22–23, 3:22n.45, 3:36, 5:216, 248 participation in, 1:18 (see also U.S. listings below) final provisions on, 5:173 by international organizations, 5:190–93, 202, 265, 455–64, 5:459–60n.6

329 by Namibia, 6:348 universal, 6:57, 6:57n.217 on peaceful means of dispute settlement, 5:18 on pollution, 1:26–27 preamble on codification, 1:453–54, 462–65, 1:464n.27, 465nn.30–31 commentary on, 1:450–67 on the Convention as a constitution, 1:461 debate on/revisions to, 1:458–65, 1:465nn.30–31 and final provisions, 1:458, 5:175, 242 importance/history/sources of, 1:451– 55, 1:461n on intertemporal law, 1:463, 1: 463n.24 on military activities, 1:462, 1:462n.22 on the new international economic order, 1:462 on peaceful uses, 1:461–62 plenary debate on, 1:455–56, 1:456n.18, 1:458, 461, 466 preparation of, 1:455–60, 1:456n.18 revisions to, 1:459–60 status of, 1:466–67 text of, structure/contents of, 1:459 on the title of the Convention, 1:452 working paper on, 1:456–57 and pre-existing disputes, 5:118–19, 5:119n.8, 5:121, 124, 128 priority of for dispute settlement, 5:73 provisional application of, 5:206 ratifications of/signatories to, 1:xxviii, xxxiv–xxxix, 11, 17, 495–98, 3:xv– xvi, 3:382n.52, 5:198–200, 5:200n.7 (see also under Signature) rejections of, 1:xxviii, 13, 133–34, 6:52, 6:52n.202 (see also U.S. rejection of below) related provisions of, 6:3 reservations/exceptions to, 1:15, 340, 2:985, 5:212–23 Review Conference amendments to, 6:319, 321–26, 329–35, 6:330n.7, 333n.14, 334n.17 on rights as balanced with duties, 1:24–25 and the Security Council, 5:138–41 signature of (see Signature, of the Convention) on States’ rights and freedom of the high seas, 2:907 on superjacent waters over the continental shelf, 2:906 on technology transfer, 1:27 termination of, 5:285 text of

330 highlights/organization of, 1:23–28 languages of, 1:22, 2:246n.2, 2:290, 2:290n.40 uniqueness of, 1:17–18 title of, 1:452 universal character of, 3:675 U.S. rejection of, 1:80–81, 133, 6:3–4, 52, 59 U.S. review of, 6:48–52, 59, 332 (see also Green Book) use of term, 6:549 use of terms and scope of, 1:208, 4:749–59 violation of, and right to contest decision, 5:380 vote on, 1:133–34 Convention and Statute on Freedom of Transit (1921), 3:384–90 Convention and Statute on the International Régime of Maritime Ports (1923), 3:373, 3:373n.12, 3:454 Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region (1981), 4:29 Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean (1992), 2:678n, 3:301 Convention for the Conservation of the Red Sea and Gulf of Aden Environment (1982), 3:367, 4:30 Convention for the Discontinuance of the Sound Dues (Denmark and U.S.) (1857), 2:308n.11 Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (1972), 4:8, 27, 158, 166, 234, 417 Convention for the Prevention of Marine Pollution from Land-Based Sources (1974), 4:28, 128 Convention for the Prevention of Pollution from Ships (1973) amendment procedure of, 6:203n on discharge, 4:271 on flag states’ enforcement obligations, 4:243, 255–57 on investigation of foreign vessels, 4:343, 4:344n.8 and marine environment protection/ preservation, 4:25 on maritime casualties, measures for avoiding, 4:314 on measures to facilitate proceedings, 4:321 on port states’ enforcement obligations, 4:260 on sovereign immunity, 4:417–18 on suspension and restrictions on proceedings, 4:350

Index of Volumes I-VI on vessel-source pollution, 4:181 Convention for the Prohibition of Fishing with Long Drift Nets in the South Pacific (1989), 3:41, 301 Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (1985), 4:31 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (1983), 3:367, 4:30 Convention for the Protection of Submarine Cables (1884), 3:267, 269, 272, 276 Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific (1981), 4:30 Convention for the Protection of the Mediterranean Sea against Pollution (1976), 3:367, 4:28 Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986), 4:32 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988), 3:36, 185–95, 3:188n Convention for the Suppression of Unlawful Seizure of Aircraft (1970), 3:202 Convention on Civil Liability for Oil Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources (1976), 4:29, 225 Convention on Fisheries Cooperation among African States Bordering the Atlantic Ocean (1991), 3:301 Convention on Fishing and Conservation of the Living Resources of the High Seas (1958) on coastal States’ conservation measures, 3:515–16 on conservation of the living resources of the high seas, 3:280–81, 291, 3:291n.2, 3:514–15 on cooperation among States, 3:297 dispute settlement by, 3:517–18, 528, 6:596 entry into force, 3:519, 5:5n.3 on the exclusive economic zone, 2:597–98 on fisheries conducted by equipment embedded in the sea floor, 3:518–19 on fishing, freedom of, 3:280–81, 514 influence of, 3:28–29 on marine environment protection/preservation, 4:54

Index of Volumes I-VI reservations to articles, 3:519, 5:213 revision of, 3:520 scientific and technical criteria for dispute settlement, 5:442–43 signature/ratification/accession, 3: 519–20 UNCLOS I and II’s preparation of, 3:494, 6:7n.14 use of term, 1:2–3, 5:246n.1 Convention on International Civil Aviation (Chicago Convention; 1944) on aircraft registry, 4:212n.5 on air space, 2:74 and annexes to the Convention, 5:287 application of, 5:236, 238 on civil vs. state aircraft, 2:335, 4:328, 417 on international rules/standards, 4:212 on overflight of the high seas, 3:96–97 on passage through air space, 2:156 on rules of the air, 2:344–47, 3:81–82 on the territorial sea, 2:73 Convention on International Regulations for Preventing Collisions at Sea (1972), 2:343–44, 6:204 Convention on Long-Range Transboundary Air Pollution (1979), 4:29, 319 Convention on Marine Pollution from Ships (1973), 5:235–36 Convention on Psychotropic Substances (1971), 2:240n.3, 3:225, 3:227n.7 Convention on the Conservation of Migratory Species of Wild Animals (1979), 4:26 Convention on the Continental Shelf (1958), 2:3, 3:3, 6:7n.14, 6:79 on air space, 2:901 on artificial islands, installations and structures in the exclusive economic zone, 2:584 on artificial islands, installations and structures over the continental shelf, 2:919–20 on cables/pipelines on the continental shelf, 2:910, 3:521–22 on charts and geographical coordinates, 2:988 on coastal States’ rights, 2:893 on coastal States’ rights over the continental shelf, 3:521–23 as codificatory, 1:454 continental shelf, use of term, 1:2–3, 8–9, 2:828–29, 841–42, 3:521 vs. the Convention, 5:232 entry into force, 1:2, 3:523–24 on the exclusive economic zone, 2:541 on installations, 3:522 and the marine environment, 2:504–6 and marine environment protection/ preservation, 4:6, 23, 54, 137

331 on marine scientific research, 4:440, 501–3, 517, 519 on research on the continental shelf, 3:522 reservations to articles, 3:524, 5:213 revision of, 3:524, 5:246, 5:246n.1 on safety zones around installations, 3:522 on sedentary species, 2:687–88 signature/ratification/accession, 1:3, 3:523–24 on States lying opposite or adjacent to each other, 3:522 on superjacent waters over the continental shelf, 2:901 on tunneling, 2:992 UNCLOS I’s preparation of, 3:494 Convention on the Control of Transboundary Movements of Hazardous Waters and their Disposal (1989), 4:27 Convention on the High Seas (1958), 3:505–13 on arrest/detention of ships, 3:507 on assistance, duty to render, 3:172 on assistance/rescue following collision, 3:507–8 authentic texts of, 3:513 on boarding, 3:509–10 on cables/pipelines, 3:511–12 on cables/pipelines on the continental shelf, 2:910 as codificatory, 1:454–55 on disciplinary matters re collision/ navigation incident, 3:507 and the Draft Ocean Space Treaty, 3:130 entry into force, 1:2, 3:512–13 on the exclusive economic zone, 1:7–8 on fishing, freedom of, 1:7, 3:505 on government ships’ immunity from jurisdiction of other States, 3:507 high seas, use of term, 3:505 on high seas, freedom of, 3:505–6 on hot pursuit, 3:250–51, 510–11 influence of, 3:27–28, 30 and landlocked States’ access to and from the sea and transit rights, 3:409–10, 414, 451, 505–6 and marine environment protection/ preservation, 4:23 atmospheric pollution, 4:209 contingency plans against pollution, 4:87 dumping prevention, reduction and control, 4:157, 4:158n.1 flag States’ duties re enforcement of regulations, 4:242 sovereign immunity provisions, 4:417

332 and vessel-source pollution, 4:181– 82 on marine scientific research, 4:440 on navigation, freedom of, 1:7, 2:329 on overflight, freedom of, 1:7, 3:505 on piracy, 3:198, 221, 508–9 on piracy/pirate ships, 3:508–9 on pollution, 3:511 on pollution prevention, 3:511 and principles of international law, 3:27–28 ratifications of, 1:3 revision of, 3:513, 5:246, 5:246n.1 on safety at sea, 3:507 on safety measures, 3:507 scope of, 3:131 on ships’ flying of flags, 3:506–7 signature/ratification/accession, 3:512– 13 on slave transport, 3:508–9 on slave transportation, 3:508 on submarine cables, damage to, 3:267– 68, 276, 511–12 on submarine cables/pipelines, freedom to lay, 1:7, 3:505, 511 UNCLOS I and II’s preparation of, 6:7n.14 UNCLOS I’s preparation of, 3:493 on warships, 3:509–10 on warships’ boarding of merchant ships, 3:509–10 on warships’ immunity from jurisdiction of other States, 3:506–7 Convention on the International Regime of Maritime Ports (1923), 3:465–66 Convention on the International Regulations for Preventing Collisions at Sea (1972), 3:148 Convention on the Liability of Operators of Nuclear Ships (1962), 4:7, 23 Convention on the Physical Protection of Nuclear Material (1980), 4:26 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Convention; 1972) annexes to, 4:169–75 applicability, and developments in international law, 2:42n.22, 2:543 on dumping, use of term, 2:31–32 entry into force/amendments to, 4:25 influence on the Convention, 2:42 on interpretation of other treaties, 5:235–36 marine environment preservation/protection provisions, 4:7–8, 20–21, 157–58, 165–67 re enforcement of dumping, 4:234 re global and regional cooperation, 4:80

Index of Volumes I-VI re sovereign immunity, 4:417–18 re sovereign rights, 4:49 re suspension and restrictions on proceedings, 4:350 on sea, use of term, 2:44 Convention on the Privileges and Immunities of the United Nations (1946), 6:547–48, 565, 568–70, 572, 577–78, 584 Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (1976), 4:25–26 Convention on the Protection of the Black Sea Against Pollution (1992), 3:367–68 Convention on the Protection of the Environment between Denmark, Finland, Norway and Sweden concerning (1974), 4:28 Convention on the Protection of the Marine Environment of the Baltic Sea Area (1974), 3:367–68, 4:28, 202 Convention on the Protection of the Underwater Cultural Heritage (1998–2001), 6:232n Convention on the Regulation of Antarctic Mineral Resource Activities (1988), 4:27 Convention on the Territorial Sea and the Contiguous Zone (1958), 3:496–504 on air space, 2:73–74 on articles, use of term, 2:37–38 authentic texts of, 3:503 on baselines, 2:88, 92, 97, 101, 103, 106–8, 110, 112 on bays, 2:115, 118 on charges levied on foreign ships, 2:235 on charts, 2:145 on civil jurisdiction in relation to foreign ships or vessels, 2:245–46 on coastal States’ rights, 2:229–30, 232 on the contiguous zone, 2:268, 271, 273 Convention, use of term, 2:74 on criminal jurisdiction in relation to foreign ships or vessels, 2:239 entry into force, 1:2, 3:503 flaws of, 1:2 on immunities of warships, 2:261, 2:261n.2 on innocent passage, 2:53–54, 152–53, 159–60, 162, 167–68, 174, 222–24, 226–27, 283–84, 392, 3:499–502 on islands, 3:327–28, 335, 338 on low-tide elevations, 2:102–3, 127 on marine environment protection/preservation, 4:23, 385

Index of Volumes I-VI on noncompliance of warships with coastal State laws and regulations, 2:254 on opposite or adjacent coasts, 2:135– 36, 138 on outer limits, 2:85 on ports, 2:121 on publicity of danger to aircraft, 2:388 revision of, 3:503, 5:246, 5:246n.1 on roadsteads, 2:124 signature/ratification/accession, 1:3, 3: 502–4 on sovereignty, 2:66, 72, 3:496 on straits, 2:319, 392 on submarines, 2:180, 183 on the territorial sea, 2:51–55, 79, 3:496–502 UNCLOS I and II’s preparation of, 3:493, 6:7n.14 on warships, 2:249, 254, 261, 2:261n.2 Convention on Transit Trade of LandLocked States. see Transit Convention Convention on Wetlands of International Importance, especially as Waterfowl Habitat (1971), 4:24 Convention Relating to Liability in the Field of Maritime Carriage of Nuclear Materials (1971), 4:7, 24 Conventions and international agreements, 1:207, 215, 219–20, 249, 312– 13, 331, 338, 340–41, 388, 391, 4:422–26, 5:381n (see also specific conventions, agreements, and treaties) Cook Islands, 1:408–9, 5:180, 184 Cooperation (see also International cooperation) in activities in the Area, 1:274, 486 Assembly’s promotion of, 6:388 to assist developing countries, 1:268 Commission on the Limits of the Continental Shelf, 1:346 with competent international organizations and institutions, 1:222, 230–31, 255, 268, 285, 295, 314–15, 323, 325, 327, 346, 488, 4:706–11 in the conduct of an inquiry or investigation, 1:246, 304, 309 and conduct of States, 6:112–17, 6:113n, 116n.8 on conservation/management between coastal States and competent international organizations, 1:230–31, 3:529 Draft Agreement on Straddling and Highly Migratory Fish Stocks on, 3:648–52, 654–55, 657 duty to take conservation measures, 3:44–45, 290–95, 3:302n.11, 3:610–11

333 Main Trends Working Paper on, 3:610 promotion of, 3:48 among States, 1:253, 3:290–303, 3:302n.11, 3:610 Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States, 6:28 re enclosed/semi-enclosed seas (see under Enclosed/semi-enclosed seas) on exploitation of marine resources, 3:602–4 in exploitation of the living resources, 1:233–37 re fishing vessels, 3:52–53, 55 in general, 1:207, 238, 243, 259, 264, 285, 295, 312, 314, 324 International Court of Justice on, 3:37–38 with international/nongovernmental organizations, 6:501–5, 6:504n.7 on marine environment preservation/ protection, 4:406–7 in marine scientific research, 1:261, 314–15, 324–25, 327, 486, 6:160, 164–66, 168–72 (see also under International cooperation) in markets for commodities, 1:265 in piracy repression, 3:182–85, 613 policies on, 6:245, 248–49, 251, 253–54 in protection of archaeological and historical objects, 1:338 search and rescue service, 1:247 of States bordering enclosed/semienclosed seas, 1:255 by States Parties, 6:99 in suppression of illicit acts, 1:248–50 on technology development/transfer, 1:261–62, 323–27, 486, 4:706– 11, 6:178–79, 6:178n.6, 6:182, 187, 189 training programmes, 1:261–62, 348, 486 transit by landlocked States, 1:257 Coordinates. see Geographical coordinates Co-ordinating Group of Five, 1:80 Copper, 1:267, 360, 374, 427, 6:259, 271 (see also Minerals derived from the Area; Polymetallic nodules) Corfu Channel case, 2:226, 280–82, 2:280n.5, 2:290, 317, 388, 392 Coring, harmful effects of. see Environmental protection Costs to States Parties Agreement on, 1:476–77, 6:351, 363, 484, 860–66 and the Authority’s establishment, 6:336–37, 860–66

334 and the Authority’s financial arrangements, 6:532, 541, 860–66 and the Authority’s organs, 6:363, 370, 6:370n.5 and the Council’s powers/functions, 6:439 of dispute settlement, 5:398–99, 5:399n.37 and the Economic Planning Commission, 6:465–66, 472 Informal Consultations on, 6:59–61 Couillault, P. R. V., 2:59 Council, 1:275–83, 6:403–34, 458–82 (see also Assembly; Candidates; Chambers for voting in the Council; Conciliation; Council, decision-making in; Council, powers/functions of; Developing States; Economic PlanEnterprise; ning Commission; Finance Committee; Geographically disadvantaged States; Landlocked States; Legal and Technical Commission; Majority; Monitoring, control and surveillance; Plan of work for activities in the Area; Sea-Bed Disputes Chamber; Special interests) on accommodation of activities, 6:215n Agreement on, 6:65n.232 approval and adoption of amendments re activities in the Area, 5:270–71 vs. the Assembly, 6:4, 61, 142, 368, 371–73, 377–78, 380, 382–83 attendance by Authority member who is not a Council member, 1:277 binding orders, 1:276 candidates for membership in, 6:414 candidates proposed Director-General for of the Enterprise, 1:273, 278, 372 for Governing Board, 1:273, 278, 371 for Secretary-General of the Authority, 1:273, 277, 284 composition of, 1:275–77, 6:40, 45, 406, 411–12, 415, 418–32, 897–99 (see also Council, election by the Assembly below) consensus decisions, 1:276–78, 484, 6:894 decisions, 1:276–77, 280, 430, 484, 490–91 elected by the Assembly, 5:203, 207, 209, 6:387, 391–93, 402–3, 406, 412, 415, 433–34 election to, 1:275–77 emergency orders issued by, 1:280, 283 Enterprise as supervised by, 6:506, 509, 512, 514–15, 517–18, 520–21 and environmental protection, 6:196, 6:198–99n.9, 6:438, 445, 450–51, 456

Index of Volumes I-VI as executive body of the Authority, 6:404, 431 (see also Council, powers/functions of) and the Finance Committee, 6:404, 407–10 geographical regions represented in, 6:406, 412, 415, 418–19, 424, 433 importance of, 6:431 inspection by, 1:280, 283 interest groups in, 6:373 marine environment preservation/protection, duties regarding, 4:230–31 meetings of, 1:276–77, 284, 289, 373, 6:412, 419, 6:419n membership in, 1:275–77 (see Council, composition of above) membership in organs of, 6:361–62 membership terms in, 6:419 as an organ of the Authority, 6:65, 363, 366–69, 373, 404, 431, 506 (see also Council, powers/functions of) organs of, 1:278–84, 289, 6:405, 458– 64, 904–5 (see also Economic Planning Commission; Finance Committee; Legal and Technical Commission) overview of, 6:404–8 Part XI on, 6:897–910 President of, 1:276–78, 6:xlvii privileges and immunities of representatives of States Parties attending meetings, 1:289 and protection of human life, 6:202–4 on questions of procedure or substance, 1:484–85 quorum, 1:276 recommendation to suspend Assembly member’s rights and privileges, 1:279–80, 290 reports from, 1:274, 278 reports to, 1:282, 372–73 representation in, 6:62 request for advisory opinion from SeaBed Disputes Chamber, 1:293 rules of procedure, 1:278, 423 special interest States as members of, 6:406 States Parties as members of, 6:406, 412, 414–15, 418–19 term of office, 1:276 voting in, 1:275–78, 430, 484–85, 5:271–72, 5:404n.45, 6:371, 412, 419, 897–99 (see also Council, decision-making in) Council, decision-making in (see also Council, voting in) Agreement on, 6:4, 6:65n.231, 6:336– 37, 375, 377, 406, 414–15, 419, 431, 867–69 Australia on, 6:423, 426 blocking votes, 6:426, 428–29

Index of Volumes I-VI Boat Paper on, 6:61 Canada on, 6:420 chambered voting, 1:484–85, 6:61, 423, 426, 433 composition of, 6:422 by consensus, 6:377, 383, 413–14, 419, 430, 432–33, 899–900 controversy over, 6:405 deferment of, 6:414 developing States on, 6:404 Federal Republic of Germany on, 6:429 on financial matters (see Finance Committee) France on, 6:429 Green Book on, 6:430–31 Group of 10 on, 6:404 Group of 77 on, 6:420–27, 429 ICNT on, 6:423–26, 428–30 importance/difficulties of resolving issue of, 6:404–5, 431 industrialized States on, 6:404 and interest groups, 6:432 ISNT on, 6:421–22, 424–25 Japan on, 6:429 LL/GDS Group on, 6:422–23 by majority vote, 6:406–7, 412, 414, 419–30 Malta on, 6:420 members’ voting privileges, 6:414 negotiations on, duration of, 6:404 and percentage of value of production/ consumption, 6:422–23 for plans of work, 6:407, 426, 430, 701, 6:701n.58 Poland on, 6:420 RSNT on, 6:422 Soviet Union on, 6:420, 422–23, 425, 429 structured voting system, 6:404 three-tier system, 6:429–30 U.K. on, 6:420 U.S. on, 6:421–23, 429–31 Western European and Other States on, 6:424 Council, powers/functions of, 1:277–81, 286–87, 352, 357, 370–74, 376–77, 6:435–57 Agreement on, 1:477, 479–85, 6:435– 38, 454–57 approve plans of work, 6:435–39, 442– 43, 447–48, 450–54, 901–2 vs. the Assembly’s powers/functions, 6:372, 394–95, 397–400, 402–3, 443, 446, 455 re benefits apportionment, 6:444 Canada on, 6:443–44 consider reports of the Enterprise, 6:435, 449, 455 control activities in the Area, 6:436, 445, 450, 456 and costs to States Parties, 6:439

335 re decision-making, 6:438 and developing States’ needs/interests, 6:436–37, 452 and dispute settlement, 6:438 re economic assistance, 6:436, 439, 447, 450, 455 enter into agreements with international organizations, 6:435, 444, 449 re equitable sharing of benefits, 6:436–37 establish general policies, 6:435, 442, 449, 454–55 establish rules of procedure, 6:435, 437, 444, 447, 449 establish subsidiary organs, 6:435, 438, 444, 449, 451, 456, 480 and the Finance Committee, 6:440, 443, 455–56 re financial regulations of the Authority, 6:450 Green Book on, 6:453 Group of 77 on, 6:444–46, 452–53 ICNT on, 6:447–53 re inspectors, 6:438, 451, 479 and institutional arrangements, 6:439 ISNT on, 6:445–46 issue directives to the Enterprise, 6:435 Latin American and Caribbean States on, 6:443 re licenses, 6:443 Malta on, 6:443 re marine environment protection, 6:438, 445, 450–51, 456 overview of, 1:26 Part XI on, 6:900–901 re preferential treatment of developing States, 6:445 re proceedings before Sea-Bed Disputes Chamber, 6:437, 450, 456, 479 re production, 6:440 propose candidates for Governing Board and DirectorGeneral of the Enterprise, 6:435, 444, 448–49, 455 for Secretary-General, 6:435, 447, 449, 455 for the Tribunal, 6:444, 448, 455 re protection of human life/health, 6:445 recommend policies to the Assembly, 6:437, 445 recommend suspension of membership rights/privileges, 6:437, 442, 445, 450 review collection of payments, 6:437, 448, 450 RSNT on, 6:446–47 Rules and Regulations Commission, 6:447, 451, 478–79 select applicants for production authorizations, 6:437, 443, 453–54

336 submit budget for approval, 6:437, 448, 450, 455 Tanzania on, 6:443 transmit reports to the Assembly, 6:435, 444–45, 449, 455 U.K. on, 6:443 Council of Europe, 4:16 Council of the European Communities, 4:249, 285, 336 Countries (see also Developing States; Industrialized States; States) developed, 1:363–64, 426, 475–76 developing, 1:207, 264, 268, 270, 324, 363–64, 488 importing and exporting by, 1:264, 268, 282, 488 Court or tribunal (see also Arbitral tribunal; Binding decisions; Experts; International Court of justice; Jurisdiction; Tribunal) and abuse of legal process, 5:75–78 as alternative forum, 5:9–10 and applicability of Part XV, section 2, 1:335–37 and applicable law, 1:333, 5:72–74, 5:73nn.3–4 application to, 1:333, 389, 5:75–78 and binding commercial arbitration, 1:291–92 choice of, 5:37–40, 42 choice of procedure, 1:330–31 compulsory/obligatory procedures of, 5:38 decisions, 1:333–34, 369 determination of unfounded claims, 5:75–78 to determine scope of jurisdiction, 5:48 and disputes re the interpretation/application of an arbitral award, 1:397 and disputes re the interpretation/application of the Convention, 1:330–31 ex aequo et bono decisions of, 5:72–74 experts sitting with, 1:331, 5:49–51 finality and binding force of decisions, 5:82–84 for interpretation/application disputes, 5:40, 42 jurisdiction of, 1:330–33, 336, 369, 378, 396, 5:140 law enforcement activities subject to, 5:137 notification of preliminary procedures to other party, 5:75, 77 preliminary proceedings of, 1:333, 5:75–78, 91, 95–96 procedure for, 5:40–45 provisional measures by, 1:331–32, 5:52–59

Index of Volumes I-VI recourse to, 5:310 and release of a vessel from detention, 1:332–33, 5:66–71 Sea-Bed Tribunal merged with Law of the Sea Tribunal, 5:349, 401, 5:401n.40, 5:413–14 of the State, 1:249–50, 311, 378, 392 Covenant of the League of Nations (1919), 3:373, 3:373n.8, 3:384, 389 Craft, 1:251, 256, 317 (see also Aircraft; Ships; Vessels) Credentials Committee (UNCLOS III), 1:91, 412–13 Crews (see also Arrest) armed forces, 1:218 assistance to, 1:247 contacts with diplomatic agent or consular officer, 1:217 detention of, 1:332–33, 5:66–71 illegal acts by, 1:248 mutiny by, 1:248, 3:163–64, 203–5, 3:205n, 3:508 official character of, 4:329 prompt release of, 1:238, 332–33, 4:215, 5:66–71 rights of, in marine pollution violations, 4:321 training and qualifications of, 1:245–46 Crime. see Arrest; Investigation; Offences/offenders; and specific crimes Criminal jurisdiction re collisions and other incidents of navigation, 1:247 and innocent passage in territorial seas, 3:500–501, 560 in relation to foreign ships or vessels, 1:216–17, 2:237–43, 2:243n.7 Criminal prosecution for marine pollution violations, 4:290n, 4:353–59 Cuba, 2:422–23, 476, 3:482, 4:366, 6:67, 839 Cultural heritage, 5:159n.2, 160n.4, 6:232n Currency, 1:214, 222, 364, 376 Customs (see also Laws and regulations; Taxes) customs rights, 3:463, 564 customs unions, 5:185–86 duties, taxes, tariffs and other charges, 1:256, 289, 3:387, 394–95, 430–35, 618–19 facilities and free zones, 1:257, 3:395– 96, 436–40, 619 officials, 3:438–40, 619 preventing infringement of, 1:214, 219 use of term, 2:274 Cyprus, 2:136–237, 807, 6:22 Czechoslovakia on amendment/revision of the Convention, 5:246

Index of Volumes I-VI on the breadth of the territorial sea, 3:485 dissolution of, 3:375 on free zones, 3:437, 439–40 IOM sponsored by, 6:67 on landlocked States’ access to the sea, 3:414, 424, 431 representatives on the Second Committee, 2:xlvii Damage (see also Compensation, for damage; Environmental protection; Loss or damage; Pollution; Responsibility to ensure compliance and liability for damage; Threat of damage or pollution) from activities in the Area, 1:259, 349– 50, 369–70 assessment of, 1:312 caused by seizure, 1:249–50, 252 to a coastal State, caused by a warship or government ship, 1:218 compensation for from unjustified hot pursuit, 3:248, 251, 254, 260, 511 liability for from breaches of confidentiality, 6:732 to cables/pipelines, 3:271–74, 512, 609 from contractors’ failure to comply with its obligations, 1:349–50 from enforcement measures, 1:310–11 and responsibility, 1:259, 311–12, 322, 338, 369–70, 3:570, 4:632–42, 5:163–64, 6:118–28, 753–55, 878 from seizure of suspected pirate ships, 1:249 to straits, 3:570 to the marine environment, 1:246, 262, 294–95, 300, 304–7, 309–12, 314, 322 marine environment preservation/protection provisions for, 4:65–66, 286– 90, 304–14, 359, 380, 399–415 and marine scientific research, 1:322, 4:471–72, 632–42 notification of, 1:295, 4:82–85 vs. other international rules and regulations, 1:338 from pollution, 1:295, 311–12, 4:7, 66, 6:151–59 responsibility for, 1:218, 223, 259–60, 311–12, 322, 338, 369–70, 6:878 threat of, 1:260–61, 300, 306–7, 309 use of term, 4:65 Danger to the marine environment, 1:260–61, 295, 301–2, 310, 4:313–14

337 in navigation or overflight, 1:216, 223, 308 to persons, ships, aircraft, 1:213, 247, 308, 2:384, 388–89 Dangerous or noxious substances, 1:215 (see also Substances) The Dardanelles, 2:307–8 Data (see also Confidential data/information; Geodetic data) access to, 1:317–18, 4:687 assessment of, 1:318, 478, 482, 6:338 collection/sharing of Draft Agreement on Straddling and Highly Migratory Fish Stocks on, 3:645–46, 650–51, 665–68 marine environment protection/preservation, 4:90–93, 122 in marine scientific research, 4:479– 87 on the continental shelf, 1:346–47 disclosure of, 1:365, 6:458, 461, 495– 98, 571, 573, 730 from fisheries, 1:254, 3:666 marine scientific, 1:296, 314–15, 317– 18, 324, 327, 4:530–31 marine technology development/transfer, and access to, 4:687 on mining, 1:266, 355, 364–66, 376, 428, 478–79, 482 on pollution, 1:296, 4:92 proprietary, 1:281, 285, 288, 364–65 on prospecting/exploration, 6:484–85, 509, 731–32 transfer of, 1:364–65, 428, 6:662–63, 729–32 Davis Strait, 2:310 De Angulo, M. (of Spain), 3:483 De Armenteros, M. (of Cuba), 3:482 Debt guarantees, 1:375–76, 2:39, 6:808–9 Decision-making (see also under Assembly; Council; Secretariat; see also voting) vs. advisory opinions, 5:367 Agreement on, 6:65n.231, 6:336–37 (see also Agreement (1994)â•›) of the amendment conference, 1:341 of the arbitral tribunal, 1:292, 396 and the Assembly’s powers/functions, 6:401–2 of the Commission on the Limits of the Continental Shelf, 1:347 by consensus, 1:270, 276–78, 375, 483–84, 491, 5:265–66, 5:265n.14, 6:431–32 of the Council, 1:484–85 Council’s powers/functions re, 6:438 of Economic Planning and Legal and Technical Commissions, 1:281

338 in the Economic Planning Commission, 6:459, 461, 463–64, 6:464n, 6:470 in the Enterprise, 6:383 in the Finance Committee, 6:410 First Committee (UNCLOS III) on, 6:40, 47 Informal Consultations on, 6:61 in the Legal and Technical Commission, 6:459, 461, 463–64, 6:464n, 6:476–77 of the Review Conference, 1:270, 6:319, 321–22, 324, 327–28, 330, 333–34 by the Sea-Bed Disputes Chamber, 5:414–16 vs. settlements, 5:84 in the Tribunal, 6:383 Decisions. see Arbitral tribunal; Assembly; Authority; Binding decisions; Commission on the Limits of the Continental Shelf; Conciliation commission; Consensus; Council; Decision-making; Dispute settlement; Economic Planning Commission; Finance Committee; Implementation; Legal and Technical Commission; Majority; Sea-Bed Disputes Chamber; Tribunal; Voting Declaration of Cancun, 3:48 Declaration of Latin American States on the Law of the Sea (1970), 1:59 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (1963), 6:11n.30 Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction (resolution 2749 (XXV); General Assembly, 1970) on activities, 1:175–76, 6:84 adoption of, 1:4, 19, 404–5, 465–66 on the Authority’s establishment, 6:341–42 on the benefit of mankind, 1:173–74, 5:242, 6:133 on the common heritage of mankind, 1:6, 19, 24, 174, 5:242, 6:28–29, 6:29–30n.98, 6:97, 651 on conduct of States, 6:113 on consensus, 1:20 on developing States’ participation, 6:217–18 on dispute settlement, 6:598–99 Group of 77 on, 6:25–26n.90, 54n.206 on the legal status of the Area, 6:104, 109 on marine environment preservation/ protection, 4:9–10, 54, 79, 149, 230, 306

Index of Volumes I-VI on marine scientific research, 1:175, 4:431, 6:162–63 on pollution, 4:54, 230 and principles governing the Area, overview of, 6:93 on production policies, 6:265–66 on responsibility/liability, 6:121 Sub-Committee I’s work as based on, 6:31–33 text of, 1:173–76 and UNCLOS III, 1:4–6 Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States (1970), 1:465–66, 6:28 Declaration of Santo Domingo (1972), 1:6–7, 10, 59, 2:66, 79, 548, 556, 842, 3:61 Declaration of the Eight Courts relative to the Universal Abolition of the Slave Trade (1815), 3:179n.1 Declaration of the Organization of African Unity, 1:59, 83, 2:515, 526, 642, 845, 4:47, 443–44, 491–92, 666, 668, 721 Declaration of the United Nations Conference on the Human Environment (1972), 4:37, 6:178n.5 Declaration on Issues of the Law of the Sea. see OAU Declaration on Issues of the Law of the Sea Declaration on the Protection of Submarine Cables and Pipelines (1888), 3:269 Declaration recognizing the Right to a Flag of States having no Sea-coast, 3:373 Declarations/statements/notifications (see also Dispute settlement; Notification) claim statements, 1:393, 397 in dispute settlement, 1:330–31, 335– 37, 5:110 for the European Economic Community, 5:187 exclusionary, 5:135–36, 143–44 making and withdrawal of, 5:91, 95–96, 107–8, 110–17, 140–41, 5:141n.65 by military and law enforcement, 5:134 expenditures statements, 1:427 final provisions on, 5:224–28 and harmonization of a State’s laws/ regulations, 5:224–28, 5:225nn.2–3 by international organizations, 1:400– 402, 5:460–61 interpretive declarations, 5:214, 5:214n.4, 5:222, 226–27 for optional exceptions, 5:134

Index of Volumes I-VI profit and loss statements, 1:373 as reservations, 5:214, 5:214n.4, 5:220, 222, 226–28, 5:228n solemn, by members of the Tribunal, 1:385 by States signing, ratifying or acceding to the Convention, 1:340, 5:224–28 of succession, to be bound by the Convention, 5:180–81 of transfer of competence, 5:192, 457, 460–61 written or oral, 1:292–93 Deep Ocean Minerals (Japan), 6:67n.237 Deep Ocean Resources Development (DORD; Japan), 6:67, 696–97, 6:696n, 697n.48 Default no bar/impediment to proceedings/decisions, 5:389–90, 433–34 non-appearance before an arbitral tribunal, 1:396, 5:433–34 non-appearance before the Tribunal, 1:390, 5:389–90 Defense, 1:214 Definitions vs. use of terms, 2:30–31, 4:750–51 (see also Use of terms and scope, generally) Delimitation (see also Continental shelf, delimitationÂ€ of; Exclusive economic zone, delimitation; Territorial seas, delimitation of) and conciliation procedures/proposals, 5:125–26, 132 of the contiguous zone, 2:433–36, 3:502, 563, 638–39 disputes re alternative procedures for, 5:12–13, 120 applicable exemptions from, 5:133 Charter of the United Nations on, 5:124 conciliation commission for, 5:125 equidistance and equitable principles of delimitation, 2:140, 812–13, 965–67, 978, 5:12–13, 122–27, 129 equitable principles solution to, 5:122–27, 129 mediators in, 5:134 optional exceptions to applicability of compulsory/binding proceedings, 5:107 proposals re, 5:107–41 rejection of settlement procedures for, 1:336, 5:89, 95, 107–8 equitability in, 1:238, 242 of the exclusive economic zone, 1:230, 2:796–816

339 of internal waters, 1:211, 219, 225, 2:443–46 special circumstances or historic title, 1:212 use of term, 2:952n.1 Delimitation Group Supporting Equitable Principles, 1:78–79 Delimitation Group supporting the Median Line or Equidistance Principle, 1:78 Delimitation of the Maritime Boundary between Guinea and Guinea-Bissau arbitration case, 2:142 Deltas, 1:210, 2:95, 100–101, 111 Democratic Republic of Viet Nam, 1:407, 5:180 (see also Viet Nam) Democratic Yemen, 2:199n.26 Denmark (see also Group of 11) on anadromous stocks, 2:670 on the breadth of the territorial sea, 3:483 on cables/pipelines, 2:914 on dispute settlement, 5:93n.6 on enclosed/semi-enclosed seas, 3:361–62 on the Enterprise, 6:369 on the Green Book, 6:51–52 on international organizations, 5:462–63 on marine environment preservation/ protection, 4:71, 202 on Resolution II, 6:837 and straits, 2:307–8, 2:308nn.11–12, 2:318, 2:318n.1 on transit passage, 2:387n.2 Denunciation clauses, 5:170 Denunciation of the Convention absent from 1958 Conventions, 5:280 and amendments, 5:281–82, 284 consequences of, 5:284–85 and contracts, 5:279, 283 as controversial, 5:173, 283 effective date of, 5:279–80, 283 final provisions on, 5:173, 279–85 by international organizations, 1:403, 5:191, 284, 463–64 limitations to exercise of, 5:282–83 moratorium periods, 5:279, 282–84 notification of, 1:344, 5:279, 282–83 by States, 1:343, 5:279–85 Depositary functions for amendments, 5:244, 267, 270, 274 final provisions on, 5:173, 289–300, 5:291n.1, 298n and national liberation movements, 5:299 and periodic review of the law of the sea, 5:293–95, 5:293n

340 of the Secretary-General of the Authority, 1:243, 3:679 notification and circulation of amendment proposals, 5:270–71 of the Secretary-General of the United Nations, 1:213 for the Agreement, 1:476, 6:860 “all States” clause re, 5:181 and amendment/revision of the Convention, 1:341, 343, 5:244, 265 on baselines, 2:424–25, 427 re charts, 1:225, 243 and conciliation proceedings, 5:322–23 on the continental shelf, 1:240, 243, 2:883 for the Convention, 1:343–44, 5:186, 289–300, 5:291n.1, 298n for declarations and withdrawal of declarations, 1:330–31, 337, 401– 2, 5:108, 140–41, 5:141n.65 in denunciation proceedings, 5:284 on the exclusive economic zone, 2:807 on geographical coordinates, 2:821, 883, 986–90 notification and circulation of amendment proposals, 5:172, 267 for ratification/accession instruments, 1:339, 474 reports, 1:381 on territorial seas, 2:144, 149–50 Depredation. see Piracy De Ruelle, M. (of Belgium), 3:482 Desalination technologies, 1:327 Design of installation or devices, 1:294 of mining equipment, 1:365–66, 427 of ships or vessels, 1:215, 294, 301, 303–4, 2:202 De Soto, Alvaro (of Peru), 6:372 Detention (see also Arrest; Foreign ships or vessels; Hot pursuit, right of; and specific offences, such as piracy) Convention on the High Seas on, 3:507 of crews, 1:332–33, 5:66–71 extensive, adverse effects of, 5:68 illegal, 1:248 (see also Piracy) imprisonment, 1:238 of offenders, jurisdiction over/delivery of, 3:190 of passengers, 5:66–71 vs. prompt release of vessels and crews, 5:68–69 time limits for, 5:69–70 of vessels, 1:238, 247, 306, 332, 3:165– 67, 169, 4:300, 5:65, 5:65n.7, 5:66– 71 (see also Foreign ships or vessels, arrest or detention of)

Index of Volumes I-VI Developing States (see also Countries; Economic assistance; Geographically disadvantaged States; Group of 77; Landlocked States; LL/GDS Group) access to the Area by, 6:216–25 activities in the Area and the Authority’s powers/functions, 1:268 and the benefit of mankind, 1:260, 270 and development of resources, 1:264 goods and services of, Council’s guidelines re, 1:377 participation in, 1:263, 355, 366, 6:216–25, 882 plans of work from, 1:356 policies re States’ needs/interests, 6:93, 243–50, 252, 254–55 and technology transfer, 1:261–62, 325, 351, 366, 486, 4:706–11 training programmes for, 1:365 and the Assembly, 1:274, 6:388, 393– 94, 399–400 assistance to economic, 1:282, 488 marine pollution, 1:296–98 marine scientific research, 1:314–15, 326–27, 486, 4:480, 486 scientific/technical, 1:296–97, 4: 712–18 on the Authority’s establishment, 6:341 benefit of mankind, and needs/interests of, 1:260, 6:137, 139–40, 6:139n, 6:141–44, 6:142n.14 common heritage of mankind, and needs/interests of, 1:8–9, 6:99 conservation/management requirements of, 3:645, 656–58 cooperation with, re fishing vessels/ fisheries, 3:55, 657–58 and the Council, 1:275–76, 484–85, 6:404, 445 Economic Planning Commission, 1:281 fisheries, 1:253–54 on the international régime, 6:32 and international trade, participation in transport of, 3:110 landlocked States as, 3:375 Least Developed Countries, 3:375 and marine environment protection/ preservation efforts, 4:12, 46–47, 64, 98–108 on marine scientific research, 4:461 marine technology development/transfer to basic provisions for, 4:687–88 centres for, 1:324–26 commercial terms for, 1:486 general provisions for, 4:673–79 international cooperation for, 1:324– 26, 4:702–11, 713–18

Index of Volumes I-VI measures for achieving, 1:261–62, 324, 351, 4:689–95 overview of, 4:666, 669 procedures for, 1:366 Most Seriously Affected, 3:375 and national and regional marine scientific and technological centres, 4:719–33 needs/interests of and the agenda of UNCLOS III, 1:38–39, 1:38n, 1:87 policies on, 6:243–50, 252, 254–55 production policies on, 6:259, 261, 265–67, 273 requirements of, 1:236–37, 260 Review Conference on, 6:318, 323, 325, 327–29 participation by in activities, 6:93, 216–25, 882 in development of resources, 6:235 in marine scientific research, 6:160, 164–71, 224 in technology transfer, 6:173–74, 176–84, 6:178n.5, 6:186–87, 189 payment and contributions by, 1:242, 2:946–47 as pioneer investors, 1:426, 6:824, 842 preferential treatment for, 1:297, 6:283, 285–92, 336 and production ceilings, 6:51 on Resolution II, 6:836 on the Review Conference, 6:331 as a single chamber, 1:484 use of term, 2:43–44, 2:636n.27, 946n.20, 4:104, 757 Development costs for contractors, 1:359–63, 2:38, 6:712– 14, 724–25 of the mining sector, 1:360–62, 2:39, 6:714–15 Development of resources in the Area, 6:233–335 (see also Policies on activities in the Area; Production policies) and access to markets, 6:235–36 and amendments’ entry into force, 6:234 and amendments without consensus, 6:234 and the Authority’s powers/functions, 1:268, 6:233–34 for the benefit of mankind, 1:264, 6:235 commercial principles for, 6:236 conservation/management, 6:235 and contracts, financial terms of, 6:234 developing States’ participation in, 6:235 and dispute settlement, 6:236–37 exploration/exploitation, system of, 1:268–69

341 General Agreement on Tariffs and Trade, 6:236 ICNT on, 6:233, 247–48, 251–52 ISNT on, 6:233, 243–45 living resources, 1:232–33 and mineral availability, 6:235 mineral resources, 1:264, 269–70, 487 and monopolies, 6:235 and nondiscrimination by the Authority, 6:233–34 overview of, 6:233–34 periodic review of, 1:269 and plans of work, 6:236–37 policies re activities in the Area, 1:264 and prices, 6:235 production policies, 1:265–68 Review Conference, 1:269–71, 6:233–34 RSNT on, 6:233, 246–47 and subsidies, 6:236–37 and tariffs, 6:236 and technology transfer to the Enterprise, 6:235 De Vianna-Kelsch, M. (of Brazil), 3:486 Devices, 1:214, 294, 4:67 (see also Cables and pipelines, submaEquipment; rine; Installations; Pollution) Dictionnaire de la terminologie du droit international, 5:152 Diplomatic agents. see Consular officers Diplomatic channels, 4:556–57 Diplomatic conference (pollution) generally, 1:300–301, 303–4 and marine environment preservation/ protection proposals, 4:202, 253, 261 use of term, 4:133 Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (1974–1977), 5:485, 487 Director-General (of the Enterprise), 1:273, 278, 372–73, 482 (see also Council) Disarmament, 1:461–62 Discharge (pollution), 4:271, 384, 390 (see also Violations) Disciplinary action in matters of collision or navigation incident, 3:165–69, 3:166n, 3:507, 608 Disclosure (see also Confidential data/information, nondisclosure of) of data, 1:365, 6:458, 461, 495–98, 571, 573, 730 of information, 1:337–38, 5:156–57 Discretionary rights, 5:85–86, 89, 92–94, 321 (see also under Exceptions/exclusions)

342 Discretion/discretionary power of the Authority, 1:292 of coastal States re fisheries, 1:335 of coastal States re marine scientific research, 1:315–16, 318, 334–35 vs. nondiscretionary power, 1:372 of the Sea-Bed Disputes Chamber, 1:292 Discrimination. see Nondiscrimination Disposal of wastes. see Waste disposal Disputes (see also Dispute settlement) vs. cases, 5:367, 378 categories of, 5:107–10, 401–2 Charter of the United Nations on, 2:802–3, 2:802n, 2:955–56, 2:955n, 5:124 exemption clauses, 5:107–8 hearing a dispute, use of term, 5:367 re living resources, 5:321 mixed (involving territorial and maritime boundaries), 5:117–18, 121 pre-existing, 5:118–19, 5:119n.8, 5:121, 123–27 use of term, 5:18–19, 362 Dispute settlement, 5:3–146 (see also Ad hoc chambers of the SeaBed Disputes Chamber; Advisory opinions; Agreement; Arbitration; Claims; Compulsory procedures; Conciliation; Conciliation commission; Conflicts; Contracts; Declarations/statements/notifications; Delimitation, disputes re; Discretion/ discretionary power; Enforcement; Hearings; Informal Enterprise; Working Group on the Settlement of Disputes; International Court of Justice; International organizations; Marine environment; Marine scientific research; Notification; Proceedings; Sea-Bed Disputes Chamber; Security Council of the United Nations; Special arbitration; Tribunal; UNCITRAL arbitration rules) access to alternative, 5:62 by the Authority, 5:61 by detained vessels, 5:65, 5:65n.7 by the Enterprise, 5:61 by entities other than States/State Parties, 1:332, 397, 5:60–65 procedures for, 1:332, 388, 392 and advisory opinions, 6:641–44 alternatives for, 5:143 amicable, 5:146, 320 Annex III on, 6:676–77, 690 applicability of, 1:330, 5:19, 22–24, 38–39, 85–106 applicable law, 5:72–74, 5:73nn.3–4 application for, 5:384–85

Index of Volumes I-VI re cables and pipelines, 1:334, 3:265, 5:85, 89 Canada on, 6:599 categories of parties to, 5:63–64 by chamber of summary procedure, 5:361–62, 386–88 Charter of the United Nations on, 5:17– 19, 5:20n choice of forum for, 5:69 choice of procedure for, 5:40–45 re coastal States, 5:85–86 conciliation, 5:32–34 re conservation measures, 3:517–18, 650, 658–60, 670–72 contested decisions, 5:380 re contracts, financial terms of, 6:717– 18, 728 contractual/administrative disputes, 6:44 Convention provisions on disputes, 1:27, 6:44 Convention’s priority in, 5:73 costs of, 5:398–99, 5:399n.37 and the Council’s powers/functions, 6:438 Declaration of Principles on, 6:598–99 and disclosure of information, 1:337– 38 and discretionary rights of parties, 5:89, 92–93 Draft Ocean Space Treaty on, 6:598 by entities other than States, 5:19, 60–65 equality of ad hoc members of Tribunal in, 5:366–68 equality of Parties and entities in, 5:62 essential elements of, 5:121 re the exclusive economic zone, 5:98–99 re exclusive economic zone living resources, 1:335 exemptions/exclusions from, 5:85–86, 88–89, 92–93, 5:93n.6, 5:107–8, 110, 116, 142 expenses of, 5:372 and failure to reach a settlement, 5:22– 24, 86 First Committee (UNCLOS III) on, 6:38, 44 re fisheries and fishery resources, 3:29– 30, 34, 313, 659, 5:91n, 5:105 re fishing, 1:335, 397 re fishing vessels, 3:55–56 by forums having jurisdiction, 5:95–96 France on, 6:597 re freedom of the high seas, 3:34–36 generally accepted international rules and standards, 5:xv general provisions re, 5:17–36 re government ships’ military activities, 1:336

Index of Volumes I-VI Group of Legal Experts on, 6:601, 603–4 ICNT on, 6:601, 603–4, 614–18, 6:618n Informal Plenary on, 5:14–15 informal working group on, 5:7–9 and interim measures, 4:643–56, 4:647–48n.3, 4:657–61 by the International Court of Justice, 6:602 by international organizations, 1:322, 394–95, 402, 5:462–63 on interpretation/application of the Convention and the ad hoc chamber of Sea-Bed Disputes Chamber, 5:408 right to intervene in, 5:20–23, 25–45, 64, 79–81, 85–106, 394–96 Sea-Bed Disputes Chamber’s jurisdiction in, 5:340 Tribunal’s jurisdiction in, 5:378–79 on interpretation or application of international agreements, 1:331, 388 ISNT on, 4:41n.9, 4:649–50, 658, 5:10– 11, 5:80n.2, 5:90–91, 94–96, 110–11, 312, 387, 443, 6:610–11 re landlocked States’ access to and from the sea and transit rights, 3:398 and legal status of the Authority, 6:559 re living resources, 1:335 after local remedies are exhausted, 1:333, 5:79–81 marine environment protection/preservation provisions, 4:3, 41–42 re enforcement of laws and regulations, 4:215 re ice-covered areas disputes, 4:396, 398 re investigation of foreign vessels, 4:341 re measures to facilitate proceedings, 4:321 and port States’ enforcement obligations, 4:261 re responsibility and liability, 4:399–415 re straits used for international navigation, safeguards re, 4:391 and structure of Part XII, 4:19–20 re marine technology development/ transfer, 4:669, 682 means of, generally, 5:29n re military activities, 1:336 under multilateral trade agreements, 1:267 mutatis mutandis provision for, 5:193 negotiating process for aspects of, 5:xiii–xv Norway on, 6:596 notice and complaint procedure, 6:596 and obligation to exchange views, 5:28–31, 5:30n.2

343 out-of-court, 5:83 re overflight, 1:334 overview of, 5:5–15 and Part XI, 1:329, 331, 351–52, 5:35– 36, 6:46, 52, 65–66 Part XI on, 6:918–21 parties in disagreement re exceptions, 5:88–90 and Part XVI (General Provisions), 5:xv peaceful, 1:27, 328–29, 5:7, 17–21, 90, 142–46 pre-existing disputes, 5:128 preliminary proceedings, 5:75–78, 103 Private Group on Settlement of Disputes, 1:110–11 and privileges and immunities of the Authority, 6:555, 6:576–77n.3 procedures for choice of, 1:27, 330–31, 5:20–21, 107–8, 142–46 conciliators, arbitrators, and experts, 1:331 and jurisdiction, 1:331 rights of parties to agree on, 5:142–46 special categories of, 5:42, 85–89, 107–8 for the Tribunal, 5:383–99 production policies on, 6:259–61, 278, 280 re prompt release of vessels/crews/ passengers, 5:66–71 provisional measures for, 1:331–32, 3:659–60, 5:387 regulations re, 6:949 request of party to intervene in, 5:392–93 re resource allocation, 6:596–97 re resource development, 6:236–37 rights of parties to agree on a procedure, 5:142–46 RSNT on, 4:41n.9, 4:650–52, 658–59, 5:69, 5:96nn.11–12, 5:111–12 on rules and regulations for financial terms of contracts, 1:489 on scientific or technical matters, 1:331 and scientific research, 5:85–86 separate provisions for, 6:602, 6:602n.41, 6:612, 6:612n.10 settlement vs. decision, 5:84 re sovereignty, 1:336, 433 by special chambers of the Tribunal, 5:361–63 between a State Party and the Authority,Â€ 1:290–91, 364, 6:608–9, 615, 617–20 between States Parties and failure to reach a settlement, 5:22–24

344 on interpretation or application of a contract, 1:291–92 on interpretation or application of Part XI, 1:290–92, 5:35–36 on interpretation or application of the Convention, 1:322, 328–31, 333– 38, 397, 399, 402, 5:28–31, 40, 86 obligations under general, regional or bilateral agreements, 5:25–27 optional participation in, 5:88–90, 107–8 by peaceful means, 5:20–21, 29, 56 request to intervene in, 5:392–93 Sea-Bed Disputes Chamber’s jurisdiction in, 6:616–17 before the Tribunal, notification by, 1:389 via conciliation, 5:32–34 re stocks, 1:335 time limits/effective dates for, 5:22 and the Tribunal’s advisory opinions, 6:613 and the Tribunal’s establishment, 5:333 types of disputes, 6:595, 600 U.K. on, 6:596 U.S. on, 5:6, 6:597–98, 600, 609–10, 6:610n.2 Working Paper on Settlement of Law of the Sea Disputes, 5:7–8 Distress signals, 6:201 Division for Ocean Affairs and the Law of the Sea (U.N.), 3:678, 6:92 (see also United Nations Office for Ocean Affairs and the Law of the Sea) Djalal, Hasjim (of Indonesia), 6:xlvi– xlvii, 55 Documentation (see also Drafting Committee, documentation/sources of) of the Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction, 1:li, 2:xxxv, 3:xxxiii, 4:xxxi, 5:xxvii, xxxiii, 6:xxxi of arbitration, 5:421 of the Authority, 6:xxxvi–xxxvii of the Drafting Committee as interpretive material for the Convention, 1:146–52, 1:147nn.61–63, 149– 50n.72, 151n.76, 152nn.80–81 of the Economic and Technical SubCommittee, 1:li–lii, 5:xxviii of the Economic and Technological Working Group, 1:li, 2:xxxv, 5:xxvii, 6:xxxi of final provisions, 5:167–68 of the First Committee (UNCLOS III), 1:liii–liv, 5:xxix, xxx formal, 2:xxxvi–xxxvii, 6:xxxii–xxxiii

Index of Volumes I-VI of General Assembly resolutions re the Sea-Bed Committee, 5:xxxiii of the General Committee (UNCLOS III), 1:liii of the Group of Legal Experts, 5:xv–xvi of the Group of Legal Experts on the Final Clauses, 5:xxx of the Informal Plenary, 1:liv, 5:xiii, xxviii–xxix, xxx of international organizations’ participation, 5:455 of the International Régime and International Machinery Sub-Committee, 5:xxvii of the Law of the Sea Sub-Committee, 5:xxvii of the Legal Sub-Committee, 1:li–lii, 5:xxvii–xxviii of the Legal Working Group, 1:li, 2:xxxv, 5:xxvii, 6:xxxi of marine environment protection/preservation provisions, 4:343, 4:343n.6 of non-self-governing territories, 5:478–82 of the Official Records of the Third United Nations Conference on the Law of the Sea, 5:xxviii, xxxiii–xxxiv of the Pollution, Scientific Research, and Transfer of Technology SubCommittee, 5:xxvii of the Preparatory Commission, 5:xxx, 469–70, 6:xxxvi of Resolution I, 5:469–70 of Resolution III, 5:478–80 of Rules of Procedure of UNCLOS III, 5:xxxiii, 5:xxxiii n.1 of scientific research, 5:xxx of the Sea-Bed Committee, 1:li–lii, 2:xxxv–xxxvi, 3:xxxiii–xxxiv, 4:xxxi–xxxii, 5:xxvii–xxviii, xxxiii, 6:xxxi–xxxii of the Second Committee, 5:xxix, xxx of special arbitration, 5:441 of the Third Committee, 1:liii, liv–lv, 5:xxx of UNCLOS III, 1:lii–lvi, 2:xxxvi–xl, 3:xxxiv–xxxviii, 4:xxxii–xxxvi, xxxiii–xxxvi, 5:xxviii–xxx, xxxiv, 6:xxxii–xxxvii (see also ICNT; ISNT; RSNT) of WG.21, 1:liv of the Working Group of Legal Experts, 5:xxx Dolphins, 1:345, 3:316, 3:316n.2 Dominican Republic, 2:382 Donigi, Peter Dickson (of Papua New Guinea), 6:xlvii DORD. see Deep Ocean Resources Development

Index of Volumes I-VI Draft Agreement on Straddling and Highly Migratory Fish Stocks (1994), 3:42–43, 643–72 on abuse of rights, 3:661 amendment of, 3:664 application of, 3:644 arbitration procedures of, 3:670–72 on biodiversity, 3:645 on compliance/enforcement, 3:654–56 on conservation/management, 3:645– 50, 669 vs. the Convention, 3:645 on data collection/sharing, 3:645–46, 650–51, 665–68 declarations/statements re, 3:663 denunciation of, 3:664 on developing States’ requirements, 3:645, 656–58 on dispute settlement, 3:650, 658–60, 670–72 on enclosed/semi-enclosed seas, 3:651 entry into force, 3:663 final provisions of, 3:662–65 on flag States’ compliance/enforcement, 3:654–56 on flag States’ responsibilities/duties, 3:652–53 general principles of, 3:645 implementation reports on, 3:661 on international cooperation, 3:648–52, 654–55, 657 on new participants, 3:652 on non-participants in regional fisheries, 3:660 nonparties to, 3:661 and other conventions and international agreements, 3:663 on port State enforcement, 3:656 precautionary approach of, 3:645–47, 669 on precautionary reference points in conservation/management, 3:669 reservations/exceptions to, 3:663 review conference on, 3:662 on scientific research, 3:645–46 scope of, 3:644 signature/ratification/accession, 3:662 on transparency in decision-making, 3:651 use of terms, 3:644 Draft Convention on the International Seabed Area (1970), 1:8, 4:159, 6:651–52 Draft Convention on the Law of the Sea, Informal Text (ICNT/Rev.3). see ICNT Draft Convention on the Legal Status of Ocean Data Acquisition Systems, 4:613n Drafting Committee (UNCLOS III) on access to the Tribunal, 5:377–78

345 active period of, 1:xxvii on activities in the Area, 6:84 on adoption of the Convention, 5:195–96 on amendments to the Convention, 5:271 on Annex V, 5:325 Annex VI drafted by, 6:66 on bilateral, regional, subregional agreements, 4:477n on charts and geographical co-ordinates, 6:84 competence/function of, 1:135–36, 144 on continental shelf delimitation, 6:84 on denunciation of the Convention, 5:280 documentation/sources of on aircraft, 2:333 on air space, 2:65, 438, 901 on anadromous stocks, 1:150n.72, 2:666–67 on archipelagic States, 2:408, 417– 18, 447, 456, 464–65 on archipelagic waters, 2:438 on artificial islands in the exclusive economic zone, 2:572 on baselines, 2:96, 417–18 on bays, 2:114 on catadromous stocks, 2:680 on charges levied on foreign ships, 2:235 on charts, 2:817, 986–87 on charts and geographical coordinates, 2:144–45 on civil jurisdiction re foreign ships or vessels, 2:245 on coastal States, 2:229, 368, 523, 768, 785, 892 on the Commission on the Limits of the Continental Shelf, 2:1002 on conservation/management of living resources, 2:595–96 on the contiguous zone, 2:267, 434 on the continental shelf, 2:434, 839, 909, 949 on criminal jurisdiction re foreign ships or vessels, 2:238 on the exclusive economic zone, 2:434, 512, 523, 554, 566, 797 on foreign ships or vessels, 2:45 format/presentation of text, 2:xliii– xliv, 3:xli–xlii, 6:xxxv, xli–xlii on geographical coordinates, 2:817 on geographically disadvantaged States, 2:734 on highly migratory species, 2:649, 996 informal, 1:lv–lvi, 3:xxxvii–xxxviii, 5:xxx–xxxii

346 on innocent passage, 2:165, 185, 222, 391, 456 on installations, 2:572 on internal waters, 2:105 as interpretive material, 1:149–50, 1:149–50n.72 on landlocked States, 2:692 on low-tide elevations, 2:127 on marine scientific research, 2:349 on mouths of rivers, 2:110 on noncompliance of warships with coastal State laws and regulations, 2:254 Official Records of the Third United Nations Conference on the Law of the Sea, 3:xxxix–xl, 5:xxxiii on opposite or adjacent coasts, 2:797 on passage, 2:159 on payments/contributions from exploitation of the continental shelf, 2:931 on pipelines, 2:909 on reefs, 2:91 on rights of coastal States over continental shelf, 2:892 on rights of protection of coastal States, 2:229 on roadsteads, 2:124 on the seabed, ocean floor and subsoil, 2:65, 438 on sea lanes, 2:205, 355, 464–65 on ships, 2:333 Spanish Language Group on, 1:149–50n.72 on States’ rights and freedoms of the high seas, 2:901 on States’ rights/duties in the exclusive economic zone, 2:554 on stocks in the exclusive economic zone, 2:640 on straits, 2:294, 302, 309, 317, 322, 355, 379–80, 391 on structures in the exclusive economic zone, 2:572 on superjacent waters, 2:901 on territorial seas, 2:65–66, 434 on traffic separation schemes, 2:205, 355 on transfer of rights to exploit living resources, 2:774 and travaux préparatoires, 1:148–49 on tunneling, 2:991 on use of terms and scope, 2:28, 2:30n, 4:751n on utilization of living resources, 2:614 on warships, 2:249 on final clauses, 5:171, 5:173n.20 First Committee’s articles reviewed by, 6:52–53, 83–84 Geneva Convention articles, work on, 2:17, 3:17

Index of Volumes I-VI harmonization process of on baselines for archipelagic States, 2:429 on charts, 2:147–48, 989 on collaboration, 2:782 on conservation/management of living resources, 2:608–9 and the Geneva Convention on the High Seas, 1:142–43 on geographically disadvantaged States, 2:763 on innocent passage, 2:155 on legal status, 2:298 on “other internationally lawful uses,” 2:564n.10 procedures for adopting recommendations, 1:145–46, 1:145n.55 on ships, 2:45 in the text taken as a whole, 1:138– 40, 1:138n.18 on transit passage, 2:362 on utilization of living resources in the exclusive economic zone, 2:634 on vessels, 2:45 importance of, 1:14 as interpretive material for the Convention, 1:146–52, 1:147nn.61–63, 149– 50n.72, 151n.76, 152nn.80–81 language groups of, 1:137–38, 1: 137n.15, 138n.17, 1:140–41, 1:140– 41nn.32–33, 1:149–50, 1:149– 50n.72, 1:413–14, 1:413–14n.29, 2:374n.5, 5:303 on limitations to compulsory/binding proceedings, 5:105–6 marine environment protection/preservation proposals on activities in the area, 4:153, 230 on atmospheric pollution, 4:211 on civil proceedings, institution of, 4:361 on coastal states’ enforcement obligations, 4:298, 302 on dumping prevention, reduction, and control, 4:165 and enforcement obligations of flag States, 4:255 re enforcement of dumping, 4:238 on harmonization of terms, 4:67n.15 on ice-covered areas, 4:398, 4:398n.6 on land-based pollution regulations, enforcement of, 4:216, 219 modifications suggested by, 4:63–64 on monetary penalties and rights of the accused, 4:369 re negotiation characteristics, 4:20 on nondiscrimination against foreign vessels, 4:347 on notification of flag States, 4:374–75 and powers of enforcement, 4:328

Index of Volumes I-VI re responsibility and liability, 4:412 on scientific criteria for regulations, 4:97 on seabed activities pollution, 4:144, 225 on seaworthiness of vessels, 4:277 sources for, 4:xxxvii–xxxix on sovereign immunity, 4:420–21 re straits used for international navigation, 4:387 on suspension and restrictions on proceedings, 4:357–58 terminology used by, 4:14–22, 40, 4:41n.8 on vessel-source pollution, 4:199, 202, 205–6 on violations proceedings, 4:323–24 marine scientific research proposals by on Area-based research, 4:606–7 on assistance and facilitation for research vessels, 4:602 on conditions to be complied with, 4:551 on consent, 4:566–67 on the continental shelf and exclusive economic zones, 4:517 on dispute settlements and interim measures, 4:655, 660 on information to coastal States, duty to provide, 4:535 re installations and equipment, 4:614, 619 on international cooperation proposals, 4:471, 477 on international organizations projects, 4:522–23 re legal status of installations and equipment, 4:622 on non-recognition of, as basis for claims, 4:465 on principles for conduct of research, 4:460–61 on responsibility and liability, 4:642 and rights of landlocked and geographically disadvantaged states, 4:588n.10, 4:593–94 on safety zones around installations, 4:625 re territorial seas, 4:495 re water columns, 4:611 marine technology development/transfer deliberations by basic objectives, 4:687 general provisions, 4:677 re international cooperation, 4:701, 704–5, 709, 717, 735 measures for achieving, 4:694 meetings of, inter-sessional, 1:414 membership of, 1:135, 1:135nn.1–3 national and regional marine scientific and technological centres, obligations re, 4:722

347 on the nationality of ships, 3:105–6 officers of, 1:411 on Part XV, 5:12 policy of, 1:141–42nn.35–37, 1:141– 45, 1:143nn.42–45, 144–45nn.49–52, 144n.47 and the preamble, 1:453–54 procedures of, 1:136–38, 1:137– 38nn.15–17, 137n.12 recommendations of, procedures for adoption on aircraft, 2:340 on anadromous stocks, 2:677–79 on artificial islands, installations and structures in the exclusive economic zone, 2:583 on baselines, 2:100, 436 on bays, 2:117 on catadromous stocks, 2:685 on charges levied on foreign ships, 2:236 on charts, 2:990 on coastal States, 2:232, 771, 793, 895 on conservation/management of living resources, 2:608 on the contiguous zone, 2:273 on the continental shelf, 2:872–73, 975–76 on cooperation, 2:782 on enforcement of laws and regulations of coastal States, 2:793 on geographically disadvantaged States, 2:764 harmonization process, 1:145–46, 1:145n.55 on highly migratory species, 2:657 Informal Plenary on, 1:146 on installations, 2:36 on internal waters, 2:107 on landlocked States, 2:729 Main Committees’ choice of, 1:145 on marine scientific research, 2:352 on payments/contributions from exploitation of the continental shelf, 2:945 on rights of coastal States over continental shelf, 2:895 on rights of protection of coastal States, 2:232 on ships, 2:36 on States Parties, 2:36 on States’ rights and freedoms of the high seas, 2:906 on stocks in the exclusive economic zone, 2:645–46 on straits, 2:320 on territorial seas, 2:57 on use of terms and scope, 2:37 on vessels, 2:36 recommendations of, reports containing, 2:xli–xliii, 6:xxxix–xl

348 on regional marine scientific and technological centres, 4:729, 732–33 on reservations to treaties, 5:214n.4 on rights of parties to agree on a procedure, 5:145–46 on signature of the Convention, 5:195–96 on Tribunal members, 5:369 work of, 1:22, 138–40, 1:138n.18, 140n.29, 1:413–14, 3:17 Drafting committees, competence of, 1:135–36, 1:136n.4 Draft Ocean Space Treaty (1971) on annexes and other provisions of the Convention, 5:287 on the Assembly, 6:367, 378, 392 on the Authority’s powers/functions, 6:354 and the Convention on Fishing and Conservation of the Living Resources of the High Seas, 3:291–92 and the Convention on the High Seas, 3:130 on the Council’s establishment, 6:367 on dispute settlement, 6:598 on drug trafficking, 3:225 final clauses of, 5:171 on fishing, freedom of, 3:75 on a general review conference, 6:322 on International Maritime Court, 5:6, 6:367 on international ocean space, use of term, 3:61 on International Ocean Space Institution, 6:342, 378, 392 on island, use of term, 3:327–28 on jurisdiction over ocean space, 3:328 legal status, privileges and immunities, 6:526, 534, 542 on management/development of natural resources, 3:305–6 marine environment protection/preservation proposals, 4:137–38, 150, 159 on the Secretariat’s establishment, 6:367 on States’ right to use ocean space, 3:75, 99 on States’ sovereignty over islands, 3:328 Draft Regulations on Prospecting, Exploration and Exploitation of Polymetallic Nodules in the Area, 4:154n.4 “Draft resolution and draft Agreement relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea,” 6:61 Draft United Nations Convention on the International Sea-Bed Area, 4:150, 6:597–98 Drake, Sir Francis, 6:5n.5

Index of Volumes I-VI Dredging, harmful effects of. see Environmental protection Driftnet fishing, 3:38–41, 45–47, 3:311n.3 Drilling, 1:242, 262, 316, 368, 2:835, 927–29, 3:579 (see also Environmental protection) Drugs. see Drug trafficking; Narcotic drugs Drug trafficking, 1:216–17, 249, 2:240 coast States’ criminal jurisdiction re, 3:560 Convention on Psychotropic Substances, 3:227n.7 cooperation in suppressing, 3:224–30, 500–501, 614 in free trade zones/ports, 3:230 ISNT on, 3:226–27 Main Trends Working Paper on, 3:226–27 Peru on, 3:227 right of visit against ships engaged in, 3:240–44 RSNT on, 3:227 searches for/seizure of illicit drugs, 3:228, 230, 614 U.K. on, 3:226n.5 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 2:240n.3, 3:36, 126, 225 Drying reefs, 1:224–25 Dual system. see Parallel system Dudgeon, Harry (of the U.K.), 2:288 Due account, 1:267 (see also Due regard) Due notice (see also Due publicity) of extent of safety zones, 1:230 of judgment of the Tribunal, 1:390 of location of artificial islands, installations or structures, 1:230, 263 of location of cables in archipelagic waters, 1:226, 2:447–54 use of term, 2:149n.9 Due publicity (see also Charts, publicity to; Due notice) to baselines, 2:424–25, 427 to coastal States’ laws on innocent passage, 1:300 to coastal States’ laws on pollution, 1:215 to the continental shelf, 2:986–90 to dangers to navigation, 1:216 to the exclusive economic zone, 2:807, 817, 820, 2:820n.6 to innocent passage, and coastal States, 1:300, 3:557 to laws of States bordering straits on transit passage, 1:223

Index of Volumes I-VI to laws/regulations, 1:215, 223, 300, 2:377, 4:3 to sea lanes and traffic separation schemes, 1:215, 222, 227, 2:204, 207, 209–10 use of term, 2:149, 2:149n.9, 2:820 Due regard to cables and pipelines, 1:241 to economy and efficiency, 1:278, 280 to fishing, 1:230, 234 to geographical representation, 1:273, 278, 280, 284, 345–46, 371, 373, 490 to interests of States, 1:244, 260, 263, 490 to legitimate interests, 1:323, 4:682 in marine scientific research proposals, 4:460–61 marine technology development/transfer and principle of, 4:682 to navigation, 1:217, 221, 311 to rights and duties of States, 1:228–29, 244, 260 to rotation of membership, 1:276, 371 Dulles, John Foster, 6:7n.15 Dumping (see also Environmental protection; Pollution) and activities in the Area, 1:368 coastal States jurisdiction over, 1:299– 300, 303 in emergencies, 4:167–68, 4:168n enforcement re, 1:303, 4:232–39, 316 marine environment protection/preservation efforts re atmospheric pollution regulations, enforcement of, 4:316 enforcement of dumping provisions, 1:303, 4:232–39, 316 prevention, reduction and control, proposals for, 4:155–75 radioactive dumping, 4:6 RSNT on, 4:62–63 States duties regarding, 4:58–61, 66 terminology re, 4:42 treaties re, 4:8 pollution from, 1:208, 294, 299–300, 303, 397–99, 3:511, 4:155–68 (see also Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter) special arbitration for, 1:397–99 use of term, 1:208, 2:27, 31–32, 34–35, 42, 4:53, 163–66, 316, 749, 754 Duration of operations, 1:365–67 Duty, use of term, 4:40, 4:40n.7, 4:49 Eastern European Group, 1:83, 5:344, 6:62 Eastern European Socialist States on anadromous stocks, 2:670 on archipelagic waters, 2:468, 483

349 on coastal States, 2:370–71 on conservation/management of living resources, 2:600–601 on the contiguous zone, 2:270 on the exclusive economic zone, 2:528, 577 on final provisions, 5:188 on immunity of ships on government noncommercial service, 3:160 on innocent passage, 2:160, 224, 387, 393 on landlocked States, 2:700 on marine scientific research, 2:350–51 on noncompliance of warships with coastal State laws and regulations, 2:254 on participation clauses of final provisions, 5:188 on sea lanes, 2:209, 358 on ships, 2:335–36 on States’ rights/duties in the exclusive economic zone, 2:557 on straits, 2:296, 303, 318, 325, 335–36, 358 on traffic separation schemes, 2:209, 358 on transit passage, 2:335–36 on utilization of living resources in the exclusive economic zone, 2:622, 625–26 Eastern European States Convention not adopted by, 6:845 marine scientific research proposals by conditions to be complied with, 4:540 general provisions re, 4:441 installation and equipment provisions, 4:629–30 re installations and equipment, 4:616, 623–24, 627 international cooperation proposals, 4:468, 474–75, 481–82 non-recognition of, as basis for claims, 4:464–65 principles for the conduct of, 4:456–57 re responsibility and liability, 4:634–35 re territorial seas, 4:490–91 re warning signals, 4:629–30 on pioneer investors, 6:842–44, 847 ECAFE (Economic Commission for Asia and the Far East), 3:375–77 Ecology. see Environmental protection; Pollution Economic adjustment assistance. see Economic assistance Economic and Social Council (ECOSOC; United Nations), 1:285, 405, 4:231, 5:295, 6:13–14, 502–3, 505

350 Economic and Technical Sub-Committee (SC.2; Sea-Bed Committee), 1:li– lii, 4:431–32, 5:xxviii, 6:23–24 Economic and Technological Working Group (WG.2; Ad Hoc Committee to Study the Peaceful Uses of the SeaBed and the Ocean Floor beyond the Limits of National Jurisdiction), 1:li, 2:xxxv, 5:xxvii, 6:xxxi Economic assistance, 6:4 Agreement on, 1:488–89, 6:261–62, 872 Assembly’s establishment of system of, 6:388, 391–92, 397, 400, 402, 896–97 and the Authority, 6:337, 528, 536–37, 539–40 Council’s powers/functions re, 6:436, 439, 447, 450, 455 to developing States, 1:268, 274, 279, 282, 488 Economic Planning Commission’s proposed system of, 6:465–66, 468, 472 fund for, 1:488 general policies on, 6:246 to land-based producers of minerals from Area, 1:268, 274, 279, 282, 488–89 Part XI on, 6:886 productions policies on, 6:259, 264–66, 270, 273, 276–82, 6:280–81n.22 Economic Commission for Asia and the Far East (ECAFE), 3:375–77 Economic Commission for Europe, 4:319 Economic Planning Commission (Council), 6:461–72 and adverse effects on developing States, 6:470 Agreement on, 6:465–66, 468, 472 composition of, 6:458, 461–64, 469 consultations with other commissions/ organs, 6:459, 461, 463 on contracts, financial terms of, 6:716 and costs to States Parties, 6:465–66, 472 decision-making in, 6:459, 461, 463– 64, 6:464n, 6:470 economic assistance system proposed by, 6:259, 465–66, 468, 472 establishment of, 6:65, 369, 404–5, 456, 458, 461–63, 470 functions of, 1:281, 477, 6:465, 468–72, 906 Green Book on, 6:471 Group of 77 on, 6:471–72 ICNT on, 6:470–72 and institutional arrangements, 6:465–66 ISNT on, 6:469 Legal and Technical Commission as performing functions of, 6:338, 363,

Index of Volumes I-VI 369–70, 6:456n.3, 6:461, 465–66, 468 meetings of, 6:459 membership in, 6:361–62 members of advice to the Council by, 1:268, 274, 279, 282 composition of, 1:280 decision-making procedures of, 1:281 election/terms of, 1:281, 6:458, 461, 463–64 nominations of, 1:280–81 nondisclosure of confidential information by, 6:458, 461 qualifications of, 6:463, 465, 467, 469–71, 906 recommendations to the Authority by, 1:364 rules, regulations and procedures by, 1:281 seat of, 1:281 and production limitation, 6:472 RSNT on, 6:469–70 rules/regulations by, 6:458 trends reviewed by, 6:267 U.S. on, 6:469–71 Economic zone. see Exclusive economic zone Economy, world, 6:243–44, 247–48, 251, 253–54, 318, 328–29 ECOSOC. see Economic and Social Council Ecosystems, 1:294, 4:68 (see also Ice-covered areas; Marine environment) Ecuador (see also Latin American and Caribbean States; Latin American States) on amendment/revision of the Convention, 5:253 on baselines for archipelagic States, 2:436 on the breadth of the territorial sea, 2:80 on conservation/management of living resources, 2:646n.13 on the Convention vs. other agreements, 5:238 on the exclusive economic zone, 5:225 on fishing/fisheries, 5:91n on highly migratory species, 2:656 on innocent passage, 2:154 on marine resources, 6:13–14 marine scientific research proposals by on assistance and facilitation for research vessels, 4:600 on dispute settlement and interim measures, 4:647n.3, 4:652, 659 on implied consent, 4:565 on information to coastal States, duty to provide, 4:534–35 on suspension or cessation of research, 4:573–74

Index of Volumes I-VI on marine technology development/ transfer, 4:715 on peaceful purposes vs. military activities, 3:88–89 on periodic review of the law of the sea, 5:294 on plurality of régimes in the territorial sea, 2:70–71 on the Secretary-General, 6:483, 487, 492, 497 on uses of the seabed, 6:25 EEC. see European Economic Community “Effects of the production limitation formula under certain specified assumptions,” 6:50 Egoriew, M. (of the Soviet Union), 3:486 Egypt arbitration chosen by, 5:422n.2 in Assembly working group on the rules of procedure, 6:384 on authentic texts, 5:303–4 on the Authority’s powers/functions, 6:359 on baselines, 2:101 on the breadth of the territorial sea, 3:483 on the contiguous zone, 2:269n.11 on innocent passage, 2:199n.26 on marine environment pollution/preservation, 4:385n.2 on marine environment preservation/ protection, 4:407–10, 413–14 on marine scientific research, 4:445, 4:580n, 4:638, 641 on marine technology development/ transfer, 4:708 and WG.21, 6:398–99 Eichelberger, Clark, 6:7n.15 Eight-Power Group, 6:652, 660–61, 664, 667, 671, 686, 733, 750 Eiriksson, Gudmundur, 1:116 Elections. see Commission on the Limits of the Continental Shelf; Council; Director-General; Economic Planning Commission; Governing Board; Legal and Technical Commission; SecretaryGeneral (Authority); Tribunal Elizabeth I, Queen of England, 6:5, 6:5n.5 El Salvador (see also Latin American and Caribbean States; Latin American States) on conservation/management of living resources, 3:292 on dispute settlement, 5:7–8, 5:30n.2, 5:116n.3, 119n.8 on the exclusive economic zone, 2:529 on freedom of the high seas, 3:76–77, 94 on the high seas, use of term, 3:61–62

351 on marine scientific research, 4:446, 452 on plurality of régimes in the territorial sea, 2:68–69 on the right of hot pursuit, 3:252–53 on the right to fish on the high seas, 3:283 on the Secretary-General and Secretariat, 6:483, 487, 492, 497 Emergency orders, 1:280, 283, 6:943–44 Enclosed/semi-enclosed seas, 3:343–68 (see also Canals; Geographically disadvantaged States; Straits) as an agenda item for UNCLOS III, 1:90 coastal States’ jurisdiction in, 3:343 conservation/management in, 3:630 cooperation of States bordering, 3:354–68 the Convention’s application to, 3:365–66 and freedoms of navigation and overflight, 3:358, 363 ICNT on, 3:363–65 ISNT on, 3:359–60 in marine environment preservation/ protection, 3:343, 354, 356–62, 364, 366–67 re marine scientific research, 3:343, 359–60, 362, 364, 368 regional coordination of, 3:366–68 RSNT on, 3:362, 3:362n.2 scope of, 3:345 and the territorial sea, 3:357 examples of, 3:344, 3:348n.1 exclusive economic zones in, 3:343, 361–62, 365–66 fishing in, 3:363 freedom of navigation in, 3:358, 361, 363–65, 631 ICNT on, 3:351 Main Trends Working Paper on, 3:359, 629–31, 3:629n marine environment exploration/ exploitation in, 3:366–67, 630 marine environment protection/preservation in, 3:343, 354, 356–68, 3:368nn.12–13, 3:630 marine scientific research in, 3:343, 354, 356–57, 359–62, 364 maritime zones in, delimitation of, 3:343, 345, 361–64 narrow outlets connecting, 3:352 natural resources management in, 3:343, 354, 356–62, 364 pollution in, protection from, 3:630 regional agreements re, 3:343–44, 361– 62, 366, 368 right of transit passage in, 3:361, 630–31 RSNT on, 3:350

352 scientific research in, 3:630 States bordering on, 1:236, 255, 2:43 and territorial seas, 3:357, 554 use of term, 1:255, 2:38, 3:346, 348–52, 629 Energy, 1:228 (see also International Atomic Energy Agency) Enforcement boarding for, 2:794 by coastal States, 1:232, 234, 238, 301– 2, 305–7, 311 of decisions of the Sea-Bed Disputes Chamber, 5:414–16 re dumping, 1:303, 4:232–39, 316 of fisheries regulations, 1:232, 234, 238 by flag States (see under Flag States) against foreign ships, 1:308–11 in ice-covered areas, 1:311 of laws and regulations of coastal States, 2:784–95 liability of States arising from, 1:310– 11, 4:377–81 of marine environment preservation/ protection regulations re activities in the area, 4:227–31 re atmospheric pollution, 4:315–19 coastal States’ duties regarding, 4:279–302 re dumping-related pollution, 1:303, 4:155–68, 232–39 re land-based pollution, 4:214–21 re maritime casualties, 4:303–14 re notification of flag States, 4:372–73 port States’ duties regarding, 4:258–72 powers of, 4:325–29 re seabed activities pollution, 1:302– 3, 4:222–26 States’ liability due to, 4:377–81 structure of Part XII provisions re, 4:17–19 by port States, 1:304–5 reasonableness in, 4:321n.1 settlement of disputes, 1:336, 369, 392, 4:215, 261 use of term, 4:215 English Channel Continental Shelf case (1977), 1:463, 5:169–70 English language, for authentic texts, 5:301–4 English Language Group, 1:413n.29, 2:374n.5 Engo, Paul Bamela (of Cameroon) First Committee work of, 1:410, 1:415n.39, 6:xlv, 35 influence of, 1:63, 65 on informal negotiations, 1:119 Negotiating Group 3 chaired by, 1:92, 417, 6:45, 382, 397

Index of Volumes I-VI SNT work of, 1:116 on the Tribunal’s jurisdiction, 6:633– 34 Enterprise (see also Annex IV; Debt guarantees; Director-General; Facilities; Governing Board; Reserved areas) access to dispute settlement procedures, 5:61 access to the Sea-Bed Disputes Chamber, 5:411–13 activities carried out by, 1:268, 286, 355–57, 370, 432, 482, 6:326, 707–8, 830–31 activities in reserved areas by, 6:702–3 administrative expenses of, 1:374–76 Agreement on, 6:507–10, 512, 523, 666–67, 866–67 arrangements by, 1:377 audit of, 1:376 and the Authority, 1:370, 374, 376, 6:866 borrowing power of, 1:372, 374 budget of, 1:372 commercial principles as basis for operations, 6:506–7, 520–21 commercial principles of, 1:370, 482– 83, 486 commercial production by, 1:352, 374 commercial viability of, 6:57n.218, 6:188, 370, 521 Commission for the Enterprise, 1:424 and contracts, financial terms of, 6:718 contracts by, 1:355–56, 483 contracts/plans of work for, 6:510 (see also Enterprise, joint ventures of above) application for, 1:348 Authority’s actions to be consistent with, 1:265 as contracts with the Authority, 1: 483, 6:42, 294, 304, 311, 510, 522–23, 705, 6:705n Council’s approval of, 1:278, 376 exploration/exploitation in areas specified in, 1:348–49 financial/technical capability evidence required for, 1:356 goods/services required for, 1:377 and joint ventures, 1:356, 6:705–6 right of first refusal for, 6:702–3 time limit for first plan, 1:483, 6:703– 4, 6:704n contributions by States Parties, 1:374–75 Council directives to, 1:278, 286, 370, 374, 482–83 Council’s supervision of, 6:506, 509, 512, 514–15, 517–18, 520–21 debt guarantees to, 1:375–76 decision-making in, 6:383

Index of Volumes I-VI Director-General of, 1:273, 278, 370, 372–73 disapproval of areas for exploitation, 1:280, 283 disputes, 1:291, 351–52 election of Governing Board and Director-General by the Assembly, 6:387, 391–93, 395–96, 402 establishment of, 1:272, 6:506, 512–13 exploration/exploitation by, 6:293–94, 304–7, 309, 311 facilities of, 1:371, 373, 376, 378 finances of contributions by States, 1:374–75 funds for the Enterprise, 1:286–87, 371–72, 374–76, 425–26, 432, 483 incentives, 1:356 net income, 1:372, 374 obligations, 1:374, 376 reserves, 1:372, 374 statements, 1:373, 376, 6:803–4 financing of Annex IV on, 6:509, 524–25, 806–13 and the Authority’s financial arrangements, 6:530, 539 contributions by States Parties, 6:50 and joint ventures, 6:522 operations, 1:374–76 and the parallel system, 6:506–7, 516–17 search for feasible means, 6:44 technology needed for, 6:42–43, 519, 912 France on, 6:520 functions of in accordance with Authority’s rules/ the Convention/commercial principles, 1:370 funds for carrying out, 1:286 independent, 6:506–7, 509–10, 512– 16, 522–23, 703–4 legal capacity, 1:286 mineral transportation/processing/ marketing, 1:286 Secretariat’s performance of, 1:482, 6:507, 509–10, 522, 912–13 subsidiary organs’ functions, 1:272 Governing Board of, 1:273–74, 278, 370–72, 374 Group of 77 on, 6:506, 513–14, 516–17, 520 ICNT on, 6:506, 517–18, 520 impartiality of, 1:377 Informal Consultations on, 6:59, 61 initial production by, 1:267 interest-bearing loans to, 1:376 ISNT on, 6:514–15 joint ventures of, 1:352, 355–57, 372, 482–83, 486, 6:188, 507–8, 510, 521–22, 702–3, 705–7, 866–67

353 Latin American States on, 6:506, 512–13 legal capacity/status of, 1:272, 286, 370, 377–78, 6:509, 512–14, 517–18, 523–24, 562, 912 (see also Annex IV) liability of, 1:370 licenses or arrangements with, 1:350–51 loans and notes of, 1:374–76 location of, 1:286, 373, 378, 6:509, 512, 515, 524, 912 managerial policy options for, 1:482 marine environment protection/preservation operations by, 4:149 nickel reserved for, 6:258, 6:790n operational autonomy of, 1:370 operations of, 1:371–72, 374, 376–77, 482–83, 6:61 as an organ of the Authority, 6:66, 292, 365, 367–69, 506, 509, 512, 912 under the parallel system, 1:26, 6:516– 17, 520 payments to economic assistance fund, 1:488 place of business and offices of, 1:286, 373, 378 powers and functions of, 1:272, 286, 370, 377, 482 priority over other applicants, 1:430 privileges and immunities of, 1:288, 377–78 property and assets of, 1:376–78 and proprietary data, 1:365 reports of, 1:274, 278, 373 in reserved areas, 1:348, 355–56, 428, 483 RSNT on, 6:515–16 rules of procedure of, 1:372 rules/regulations applied to, 6:518 and the Secretariat of the Authority, 1:482–83 site-banking system for, 6:297 Sri Lanka on, 6:518 staff of, 1:357, 370, 372–73 staff regulations, 1:372 Statute of (see Annex IV) structure of, 1:370 subsidization of activities of, controversy over, 6:4 technology transferred to (see Technology transfer, to the Enterprise) title to minerals and substances, 1:377 transfer of funds to the Authority, 1:274, 286, 374 transporting, processing and marketing of minerals by, 1:286, 370 U.S. on, 6:39–40, 43, 506–7, 515–16, 518–21, 539 use of term, 6:549

354 Entities (see also Natural or juridical persons; State enterprises) access of to conciliation procedures, 5:320 to the Convention, 5:62–64, 185 to dispute settlement, 1:332, 397, 5:60–65 to the Sea-Bed Disputes Chamber, 5:411–13 to the Tribunal, 5:61, 63, 368, 374–78 and article LOSC/305, paragraph 1(b), (c), (d) and (e), 1:208, 339, 474, 476 equality with Parties in dispute settlement, 5:62 and expenses of dispute settlement, 5:372 exploration by, 1:478 geographical, economic, political, 1:224 other than a State Party access to conciliation procedures, 5:320 access to dispute settlement, 1:332, 397, 5:60–65 access to the Tribunal, 5:374–75 applicability of the Convention to, 5:19 arbitration’s application to, 5:437 binding decisions on, 5:63 contract arrangements with, 1:479 contributions to Authority by, 1:286 dispute settlement by, 1:329, 332, 5:19, 60–65 financial terms of contracts for, 1:357 as pioneer investors, 1:426–28 reservation of areas by, 1:355 right to intervene in interpretation/ application cases, 5:395–96 as signatories to the Convention, 5:177, 179–80, 5:180n.3, 5:182– 83, 186–87 Entry and exit, 1:213, 216–18, 226–27, 257 Entry into force of the Agreement, 1:475–76, 480, 6:859 of Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, 3:56 of amendments, 1:270–71, 342–43, 5:251, 253, 255–59, 275–78 of contracts, 1:357 as controversial, 5:173 of the Convention, 1:28 and the Agreement, 6:63, 856 Authority’s tasks following, 1:354, 477–78, 6:60 Commission of the Limits of the Continental Shelf elections following, 1:346

Index of Volumes I-VI as controversial, 5:205–9 and Council membership, 1:485 Council’s election following, 1:339– 40, 5:203, 207, 209 date of, 1:339, 5:203, 207–8, 210, 477, 6:63 and delimitation disputes, 1:336, 5:210 and Enterprise funding requirements, 1:375 final provisions on, 5:203–11 International Court of Justice on, 5:211 periodic review following, 1:269 and pioneer investors, 1:425–26, 430, 432 and plans of work, 1:352, 430, 477–80 and the Preparatory Commission’s rules, regulations and procedures, 1:340, 5:203, 208 production authorizations issued following, 1:354 and ratification/accession, 1:339, 5:203, 207–10, 477 Resolution II’s effect prior to, 1:433 States’ rights/obligations arising from, 3:677 date of, 5:203 and denunciation proceedings/clauses, 5:281–82 of Draft Agreement on Straddling and Highly Migratory Fish Stocks, 3:663 final provisions on, 1:339–40, 5:171– 73, 203–11, 275–78 of new arrangements or agreements, 1:266 overview of, 5:276–78 Environment. see Marine environment Environmental assessment, 1:282–83, 297, 479, 482, 4:109–15, 121–24 Environmental law, 4:78–79 Environmental protection, 6:190–99 (see also Marine environment; Pollution; Responsibility to ensure compliance and liability for damage) and accommodation of activities, 6:208–9 Agreement on, 6:192, 197–98 Annex III on, 6:663, 6:663n, 6:675 Authority’s regulatory action for, 6:76, 190, 192–96, 198, 337–38 Canada on, 6:193, 6:193n Council’s role in, 6:196, 6:198–99n.9, 6:438, 445, 450–51, 456 Declaration of Principles on, 1:175, 6:192–93 ecological balance, 6:192–93, 195–96 elements/areas of the environment, 6:196 in enclosed/semi-enclosed seas, 3:343, 354, 356–68, 3:368nn.12–13

Index of Volumes I-VI environmental impact assessments/ baselines, 6:198–99 general provisions for, 6:195–96 harmful activities, types of, 6:190, 193– 94, 6:193n, 6:196 ICNT on, 6:195 importance of/concern for, 6:197–98 ISNT on, 6:194–95 natural resources, 6:190, 193–96 Norway on, 6:192 and plans of work, 6:198–99 and prospecting, 6:663, 6:663n protection, use of term, 2:491n Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:192, 198 and the Review Conference, 6:318–19 RSNT on, 6:195 rules, regulations and procedures for, 6:739, 741 Soviet Union on, 6:197 special arbitration procedures for, 5:445 States’ obligations re, 6:197, 199 Sub-Committee I on, 6:193 and technology transfer, 6:174 U.S. on, 6:192 Epicontinental sea, 2:549n.6 Equidistance and equitable principles of delimitation, 2:140, 812–13, 965– 67, 978, 5:12–13, 122–27, 129 Equipment, 1:352 (see also Technology; Technology transfer) fishing, 1:232 identification markings on, 4:629–31 of installations or devices, 1:208, 294 legal status of, 4:620–22 for marine scientific research, 4:459– 60, 533, 612–31 mining, 1:350, 360–62, 365–67, 427 navigational, 1:246 port, 1:257 positioning of, harmful effects of (see Environmental protection) scientific, 1:296, 317–18, 321 of ships or vessels, 1:215, 245–46, 294, 301, 303–4, 308, 2:202 testing of, 1:427 use of term, 4:67 Equitability (see also Equitable geographical distriEquitable bution/representation; sharing) as basis of approval of plans of work, 1:353–54 in conditions for transfer of technology, 1:323–24 in exploitation of the resources of the Area, 1:270 in international economic order, 1:207 in marine scientific research, 4:584

355 in participation in exploitation of the resources of the exclusive economic zones, 1:235–37 in solution of conflicts between pioneer investors, 1:429 in solution of delimitation disputes, 1:238, 242 in utilization of ocean’s resources, 1:207 Equitable geographical distribution/ representation (see also Due regard) in the Commission on the Limits of the Continental Shelf, 1:240, 345–46 in the Council, 1:275, 485 in the Economic Planning and Legal and Technical Commissions, 1:280 in the Finance Committee, 1:490 in the Governing Board, 1:371 in the Sea-Bed Disputes Chamber, 5:403 in the staff of the Enterprise, 1:373 in subsidiary organs of the Authority, 1:273, 278 in training, 1:325 in the Tribunal, 1:383, 391, 5:343–44 Equitable principles solution to delimitation disputes, 5:122–27, 129 Equitable sharing Assembly’s powers/functions re, 6:387– 88, 393, 397–98, 6:398n, 6:402–3 Authority’s regulatory action for, 6:143, 285, 287, 348 and the benefit of mankind, 6:132–41, 143 of benefits from activities in the Area, 1:260, 269–70, 274, 279, 491 Council’s powers/functions re, 6: 436–37 ICNT on, 6:132 ISNT on, 6:132 of payments or contributions, 1:242, 274, 279 policies on, 6:242–46 Review Conference on, 6:318, 328–29 RSNT on, 6:288 Equity, 5:18 Equity jurisdiction, 5:7 Erich, M. (of Finland), 3:483 Essex Minerals (U.S.), 6:67n.237 Establishment of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. see Preparatory Commission; Resolution I Estonia, 3:483 Estuaries, 1:208, 298, 2:42, 111, 2:111– 12n.6, 2:112, 4:128–34 European Agreement (1965), 3:236n.9 European Convention for the Peaceful Settlement of Disputes (1957), 5:26, 311

356 European Economic Community (EEC) access to the Convention by, 5:455 activities in the Area by, 5:272 countries of, 1:84 dispute settlement declaration for, 5:187 on the exclusive fisheries zone, 5:186n marine environment preservation/protection efforts of, 4:336–37 on marine scientific research, 4:447, 534, 547, 559, 600, 650 on marine technology development/ transfer, 4:674–76, 686, 693–94, 697, 699–700, 704 as member of the Convention, 5:320 participation in the Convention by, 5:185–87, 189, 272, 320, 455 President of the Council of Ministers, 5:185 regional marine scientific and technological centres, proposals for, 4:726–27 rights of member States under the Convention, 5:459–60n.6 and transfer of legal competencies by member States, 5:187 treaty establishing, 5:25–26n.1, 5:73, 5:415n, 5:416, 437 European States marine environment protection/preservation proposals of and coastal States’ enforcement obligations, 4:285–86 re dumping, 4:160–61, 236 and enforcement obligations of flag States, 4:249–50 re international rules and national legislation for pollution prevention, reduction, and control, 4:130 re investigation of foreign vessels, 4:337 re land-based pollution regulations, 4:218 re monetary penalties and rights of the accused, 4:364 re nondiscrimination against foreign vessels, 4:347 re notification of flag States, 4:373 port States’ obligations in, 4:263–64 and powers of enforcement, 4:326 re responsibility and liability, 4:406, 413–14 re seabed activities pollution, 4:224 re seaworthiness of vessels, 4:275 re sovereign immunity, 4:419 re States’ liability due to enforcement of regulations, 4:378–79 re suspension and restrictions on violations proceedings, 4:352 and vessel-source pollution, 4:187 on marine scientific research, 4:457

Index of Volumes I-VI Evensen, Jens (of Norway), 1:415n.39, 1:418, 2:500, 5:174, 6:233, 516–17, 760, 810–11 (see also Evensen Group) Evensen Group (Informal Group of Juridical Experts), 3:xli on air space over the continental shelf, 2:902–4 on anadromous stocks, 2:672–73 on artificial islands, installations and structures in the exclusive economic zone, 2:576, 578–79 on artificial islands, installations and structures over the continental shelf, 2:921–24 on cables and pipelines on the continental shelf, 2:911–13 on catadromous stocks, 2:682 on coastal States’ right to participate in the exploitation of the exclusive economic zones, 2:769–70 on the Commission on the Limits of the Continental Shelf, 2:1003 on conservation/management of living resources, 2:603–6, 3:293 on the continental shelf, 2:847, 849– 50 on cooperation of States in conservation/management of living resources, 3:299 on enforcement of laws and regulations of coastal States, 2:791–92 establishment of, 1:105–6 on the exclusive economic zone, 2:500, 530–34, 550 on exploration/exploitation of the Area, 6:44, 305 on freedom of the high seas, 3:77 on geographically disadvantaged States, 2:741–42, 745 Group of Legal Experts on the Final Clauses chaired by, 1:91–92 on highly migratory species, 2:651, 654–55, 996–97 ICNT work of, 1:65 influence of, 1:106–7 on landlocked States, 2:700–701, 705– 6, 709 LL/GDS on, 1:106, 1:106n marine environment preservation/protection, proposals considered by re activities in the area, 4:229–30 re adverse consequences from exercise of powers, 4:331–32 and coastal States’ enforcement obligations, 4:286–90 re damage notification, 4:84 re dumping, 4:237 and flag States’ enforcement obligations, 4:250–53 re ice-covered areas, 4:394–95

Index of Volumes I-VI re investigation of foreign vessels, 4:337–39 ISNT provision review, 4:xxxix re maritime casualties, 4:308–9 re measures to facilitate violations proceedings, 4:322–23 re monetary penalties and rights of the accused, 4:364, 370 re nondiscrimination against foreign vessels, 4:346–47 re notification of flag States, 4:373– 74 and obligations of conventions, 4:424 re pollution, 4:106–7, 218–19, 224, 317–18, 353–54, 359 re port States’ enforcement obligations, 4:264–67 re powers of enforcement, 4:326 re responsibility and liability, 4:404–7 re sovereign immunity, 4:418–19 re States’ liability due to enforcement of regulations, 4:379 re straits used for international navigation, 4:384–86 re technical assistance to developing countries, 4:103 on marine mammals, 2:661 marine scientific research deliberations by re Area-based research, 4:606 re assistance/facilitation for research vessels, 4:599–600 communication of information re, 4:555–56 conditions to be complied with, 4:546–47 re the continental shelf and exclusive economic zones, 4:505–6 re dispute settlements and interim measures, 4:649–50, 658 general criteria and guidelines, 4:559–60 general provisions re, 4:447 re implied consent, 4:563–64 re installations and equipment, 4:617–18 international cooperation proposals, 4:476 re legal status of installations and equipment, 4:621–22 re non-interference with shipping routes, 4:627 re principles for the conduct of research, 4:459 re promotion of research proposals, 4:452–53 re publication and dissemination of information and knowledge, 4:484 and rights of landlocked and geographically disadvantaged states, 4:586–87

357 re safety zones around installations, 4:624 re suspension or cessation of research, 4:572–73 re territorial seas, 4:493–94 on payments/contributions from exploitation of the continental shelf, 2:934–37 on plans of work, 6:683–84 on pollution, 2:31 procedures of, 1:106 on reserved areas, 6:699–700 on review of the international régime, 6:315, 322–24, 6:333n.14 on rights of coastal States over the continental shelf, 2:894 on settlement of disputes in the exclusive economic zone, 2:567–68 on States’ rights/duties in the exclusive economic zone, 2:558–60 on stocks in the exclusive economic zone, 2:642 on superjacent waters over the continental shelf, 2:902–4 on transfer of rights to exploit living resources, 2:777–79 on utilization of living resources in the exclusive economic zone, 2:627–29 and the Working Group of the Whole, 1:92, 6:654 Evidence (see also Scientific evidence) accompanying a plan of work, 1:356 in a case, 1:305, 389, 396 of condition of vessels, 1:304 in pollution cases, 1:304–8 of risk of harm to the marine environment, 1:280, 283 Ex aequo et bono decisions (according to what is equitable/just), 1:333, 5:72–74 Excavation, harmful effects of. see Environmental protection Exceptions/exclusions (see also Compulsory procedures, entailing binding decisions) applicability of provisions on straits, 2:301–8 applicability of rights of geographically disadvantaged states, 2:768–72 applicability of rights of landlocked states, 2:768–72 to compulsory procedures scope and analysis of, 5:116–40 to compulsory procedures, optional, 5:107–41 and conciliation, 5:107, 117, 123–30, 133–34 consensus on, 5:122–23 and the Convention’s integrity, 5:109–10

358 and declarations by States Parties, 5:107–8, 110–13, 115–17, 5:116n.3, 5:134–35, 140–41 re discretionary rights, 5:110–11 exceptions, use of term, 5:136–37 and good faith, 5:134 re historic bays or titles, 5:109–11, 113–14, 116 ICNT on, 5:131–33, 136 re land territory boundaries, 5:117–18 re maritime boundaries between adjacent and opposite coasts, 5:117–18 re military activities, 5:107, 109–14, 135–37 NG7 proposal re, 5:118–19, 121–22, 125–31 re past vs. future disputes, 5:123–24, 126–27 re sea boundaries, 5:107, 109–14, 116–17, 133 and the Security Council, 5:107, 109–11, 113, 138–40 and sovereign immunity, 5:135–36 and third-party settlement, 5:89–91, 93–95, 5:93n.7, 5:104–5, 122–23 to the Convention, 1:340 to dispute settlement, 5:85–86, 88–89, 92–93, 5:93n.6, 5:107–8, 110, 116, 142 exceptions, use of term, 5:222 final provisions on, 5:173, 212–23 immunities of warships, 1:218 in marine environment preservation/ protection provisions, 4:167–68, 4:168n, 4:306 rights of parties to submit dispute to other procedures, 5:142–46 RSNT on, 5:143 strict interpretation of, 5:92 Excess of jurisdiction, 1:291–92 Exclusive economic zone, 1:228–39 (see also Access; Conservation/management of living resources; Dumping; Equitability; Jurisdiction; Landlocked States; Navigation, freedom of; Safety zones) Addis Ababa Declaration on, 1:6–7, 9–10 African States Regional Seminar on the Law of the Sea on, 1:6–7 as an agenda item for UNCLOS III, 1:33, 88–89 aircraft in, 1:229 Argentina on, 2:557, 623, 644–45, 802–3 artificial islands, installations and structures in, 1:228–30, 2:542–43, 570– 88, 3:579–81, 583, 633

Index of Volumes I-VI and baselines, 1:7, 210, 225, 228, 2:82, 103, 2:103n.18, 2:106–7, 4:515–16 breadth of, 1:225, 228 cables/pipelines in, 1:229, 3:583 Castañeda Group on, 1:108–9, 2:503, 2:503n.36, 2:539, 561–62, 4:xxxix Charter of the United Nations on, 2:801–2 charts and geographical coordinates of, 1:239, 2:807, 817, 820, 2:820n.6 China on, 2:557, 622–23, 802 and coastal States, 2:521–44 Drafting Committee documentation/ sources on, 2:523 duties of, 1:239, 255, 2:565 informal documents on, 2:523–25 laws and regulations of, 1:229, 231– 32, 238, 251, 305–6, 311, 335 preferential rights of, 1:25, 34, 3:586–87, 597–604, 621 regulations on marine scientific research, 1:315–21 right to participate in the exploitation of, 2:768–72 Sea-Bed Committee on, 2:525 sovereignty/jurisdiction of, 1:7–8, 228–30, 238, 251–52, 315–16, 334–36, 3:579–81, 584, 590–94, 596 Coastal States Group on, 1:71–72 conflict over rights not attributed to the coastal State in, 1:229 conservation/management in, 1:230– 35, 2:594–611, 3:587–94, 620–21 Convention on the High Seas on, 1:7–8 Declaration of Santo Domingo on, 1:6– 7, 10 delimitation of, 1:45, 230, 238–39, 263, 321, 2:433–36, 506, 545–52, 796– 816, 5:133 Charter of the United Nations on, 2:801–2 General Report of the African States Regional Seminar on the Law of the Sea on, 2:801–2 ICNT on, 2:811–13 International Court of Justice on, 2:800n.2, 2:807, 813–14 ISNT on, 2:806–7 Main Trends Working Paper on, 2:805, 3:595–96 RSNT on, 2:808–9 Sea-Bed Committee on, 2:801–3 Second Committee on, 2:806, 809–10 between States with opposite or adjacent coasts, 1:238–39, 2:506, 796– 816, 2:800n.1, 3:595–96, 638–39 delineation between adjacent and opposite States, 3:595–96, 638–39

Index of Volumes I-VI disputes re, 2:506–8, 5:98–99 drilling in, 3:579 duties of Coastal States in, 1:228–39 in enclosed/semi-enclosed seas, 1:255, 3:343, 361–62, 365–66 enforcement in, 1:301 establishment of, 1:6–7, 24, 60–61 European Economic Community’s authority in, 5:185 fisheries in, 2:526, 3:584–94 fishing fees in, 3:591–92 fishing rights in, 3:579 freedom of the high seas in, 1:24, 3:69–70 geographical coordinates of, 1:239 geographically disadvantaged States in, 1:236 hot pursuit in, 1:251–52 installations/structures in, 1:229, 3:579– 81, 583, 633 interpretation/application disputes, 5:76–77, 86 introduction/acceptance of concept, 1:6–8, 3:37, 282–83, 3:282n.7 of an island, 3:324, 326, 329, 331–33, 335–37, 634–36 islands/rocks in, 1:254 jurisdiction over, 5:93n.6 Kenya on, 1:6–7, 10, 5:93n.7 landlocked/geographically disadvantaged States’ rights in, 3:581–82, 620 laws and regulations on, 1:229, 311, 2:499–500, 508–9, 511–20 legal régime of, 1:228–29 legal status of, 3:15–16 and the definition of the high seas, 3:31–33, 3:32n.13, 3:63, 66–68 and freedom of the high seas, 3:80 legal status of installations/equipment in, 4:620–22 legal status of waters beyond, 6:69n.2 living resources in, 1:230–38 LL/GDS Group on, 1:69, 73 Main Trends Working Paper on, 3:578– 97, 3:578n (see also under Main Trends Working Paper) marine environment protection/preservation in and atmospheric pollution and airspace sovereignty, 4:209 and coastal States’ enforcement obligations, 4:282, 286–302 dumping prevention, reduction, and control, 4:166 dumping-related pollution, enforcement of laws re, 4:232–39 harmonization of laws and regulations, 4:13–14 in ice-covered areas, 4:393, 396–98

359 port States’ enforcement obligations and violations of, 4:265, 270–71 and seabed activities pollution, 4:141–44, 223, 226 suspension and restrictions on proceedings involving, 4:350–51, 357 vessel-source pollution and issue of, 4:181–206 marine scientific research in communication of information re, 4:555 conditions to be complied with, 4:537–53 dispute settlements and interim measures, 4:651, 655, 658 general provisions re, 4:446 implied consent guidelines for, 4:563–64, 567 (see also under Consent) information to coastal States, duty to provide, 4:526–36 and installations and equipment, 4:614 international cooperation on, 4:496–519 international organizations projects, 4:520–25 non-recognition of, as basis for claims, 4:464–65 publication and dissemination of information and knowledge re, 4:485 rights of coastal States re, 1:228, 315–19 rights of landlocked and geographically disadvantaged states re, 4:583, 586–90, 594–95 safety zones around installations, 4:625 suspension or cessation of research, 4:569–80 in territorial seas, 4:492 water columns beyond, 4:608–11 natural resources of, 1:228, 3:579, 583 navigation in, 1:229, 311 navigation/overflight in, freedom of, 1:7, 3:583 opposite or adjacent coasts, delimitation of, 1:238–39 outer limits of, 2:86, 817–21 overview of, 2:491–510 participation by landlocked or geographically disadvantaged States in exploitation of living resources, 1:235–38 and participation clause of final provisions, 5:183–84 pollution in, 1:299, 301, 303–6, 311 pollution prevention/control in, 3:579, 596–97

360 régime of, 2:491–93 rights as balanced with duties re, 1:25 safety zones in, 3:579–81 scientific research in, 3:579–80, 588, 597 seabed within national jurisdiction, 3:594–96 sea lanes in, 1:230 settlement of disputes in, 1:335, 2:566–69 sovereignty over, 2:504, 3:96 and special arbitration procedures, 5:443–44 States’ rights/duties in, 1:228–29, 2:553–65, 3:69–70, 578–84, 620 stocks in, 1:232–33, 2:639–47 through straits, 1:219–20, 223, 226, 2:309–20 and the territorial seas’ breadth, 1:7 Third Committee on, 4:xvii, 502–6, 509–11, 515–16, 518–19 and trusteeship, 1:8 U.S. on, 1:44–45 use of term, 2:38 utilization of living resources in, 2:612–38 Exclusive fishery zones, 1:60–61, 3:38, 584–94, 5:186n Expenditures (see also Commercial production; Expenditures associated with activities in the Area) from Authority funds, 1:490 periodic, 1:367, 429 to renew anadromous stocks, 1:234 Expenditures associated with activities in the Area (see also Contractors; Pioneer investors) after commencement of commercial production, 1:357–64, 489 contractor’s costs/schedule, 1:265, 361–62 equipment, 1:362 method of determining, 1:363–64 pioneer investor’s, 1:429 prior to commercial production, 1:265, 359–64, 367 Experts (see also Committee of Experts for the Progressive Codification of International Law; Evensen Group; Group of Legal Experts) appointment of, 5:49–51 on the continental shelf, 1:345–46 on dispute settlement, 1:331, 5:xv employed by the Authority, 1:289 exchange of, 1:324, 326 giving of evidence by, 1:396 independent, 1:355 lists of, 1:331, 397–99, 5:42, 51, 446–47

Index of Volumes I-VI on marine environment protection, 1:282 in marine scientific research, 1:320, 397, 4:596 on pollution, 1:397 privileges and immunities of, 6:553–54 for scientific/technical disputes, 5:443 sitting with a court or tribunal, 1:331, 5:49–51 for special arbitral tribunals, 1:397–98, 5:446–47, 5:447n.8 Exploitation (see also Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National JurisExploration/exploitation; diction; Exploration/exploitation of the Area; Moratorium resolution; Plans of work) and amendments to the Convention, 5:270 of the continental shelf beyond 200 miles, 1:242, 316 (see also Truman Proclamations) duration of, 1:366–67 equitable, of the resources of the Area, 1:270 of living resources, 1:230–31, 233–38, 253 of marine mammals, 1:233 of mineral resources lying within national jurisdiction, 1:260 of natural resources, 1:293 and peace and security, 1:3–4 of polymetallic nodules, 1:426–27 of reserved areas, 1:269–70, 354–55 stage of, 1:367, 479–80, 489 Exploration (see also Application; Exploration/ exploitation; Plans of work) and amendments to the Convention, 5:270 of area covered by the contract, 1:360–62 data relating to, 1:478–79, 482 duration of, 1:366–67, 479–80 exploration area, use of term, 6:959 fees related to, 1:429, 478–79, 489 geological, of the seabed, 1:327 by pioneer investors, 1:432, 478–79 stage of, 1:367 by States or entities other than pioneer investors, 1:478 Exploration/exploitation (see also Annex III; Continental shelf; Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction; ExploitaExploration; Exploration/ tion; exploitation of the Area; Living

Index of Volumes I-VI resources; Marine scientific research; Mineral resources; Moratorium resolution; Natural resources) and marine environment preservation/ protection, 4:58–61, 140–41, 181, 224, 230–31 marine scientific research for, 4:434–35 marine technology development/transfer for, 4:713 of non-reserved areas, 1:353 Part XI on, 6:887–88 of reserved areas, 1:480, 483 size of areas for, 1:353, 355, 365–67, 429 system governing the Area, 1:268–71, 274 technical cooperation, 1:324 Exploration/exploitation of the Area, 6:293–312 (see also Annex III; Mining; Plans of work; Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area; Who may exploit the Area) and activities in the Area, use of term, 1:208 and amendments to the Convention, 1:342 Annex III on, 6:652, 656, 658, 662, 665–69 Austria on, 6:305 Authority’s assessment of data re, 6:338 and the Authority’s powers/functions, 1:268–69, 6:293, 297, 299–312 Authority’s rules/regulations re, 1:274, 279, 366, 6:338, 348 Belgium on, 6:303 for the benefit of mankind, 1:3–4, 207, 6:28, 293, 297, 305–6, 309–10 and coastal States’ rights/interests, 6:151–59, 6:153n, 158–59nn.5–6 conditions of, 6:37 confidential data/information on, 6:731–32 by contracting Parties, 6:298–302 contracts for, 6:103n.3, 6:293–94, 297, 299–300, 304, 306–10, 312, 957–72 Council’s establishment of rules/procedures for, 6:437, 439, 442–43, 445, 450, 452, 454, 456–57 Draft Regulations on Prospecting, Exploration and Exploitation of Polymetallic Nodules in the Area, 4:154n.4 duration of, 6:737–39 and the Economic Planning Commission, 1:281–82 by the Enterprise, 1:374, 6:293–94, 304–7, 309, 311 Evensen Group on, 6:44, 305 exclusive right to explore/exploit, 6:668, 734–36, 6:736n

361 First Committee on, 6:37 general norms re, 6:135–36 Group of 77 on, 6:297, 300–301, 304–5 ICNT on, 6:305–10 industrialized States on, 6:301n.6 installations for, inspection of, 6:293, 308, 310, 312 ISNT on, 6:302–3 Italy on, 6:298 Japan on, 6:302 joint ventures for, 6:298, 302–5, 307, 309 Latin American and Caribbean States on, 6:298 licenses for, 6:299, 651–52 LL/GDS Group on, 6:305 Malta on, 6:298 and monopolies, 6:689 Nigeria on, 6:303 for nodules, 6:651, 664, 669, 674, 688, 6:688n.39 non-appropriation vs. exploitation, 6:103 Norway on, 6:305 open access to, 6:297–98 overview of, 6:297, 308–9 parallel system of, 6:297, 304–5, 310 performance requirement for, 6:738–39 and pioneer investors, 6:311 plans of work for application fees for, 1:357, 429, 489 approval of, 1:430, 480–83, 6:297, 306–9, 688–90 Authority’s rules/regulations re, 1:348–49, 430, 481, 6:293, 304, 308–9 and contractors’ exclusive rights to explore, 6:103n.3 Council’s rules/regulations re, 1:481–82 for exploration vs. exploitation, 6:103n.3 institutional arrangements re, 1:477–81 joint ventures, 1:356 in non-reserved areas, 1:353–54 operators’ rights re, 1:365 preference/priority among applicants, 1:356 production limits, 1:267–68 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, 6:311–12 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:198, 664, 669, 674, 688, 6:688n.39 regulations/procedures approved by the Assembly, 6:388, 395 regulatory action for, 6:338, 348 and the Review Conference, 6:323–26, 328–29

362 Review Conference amendments modifying system of, 1:270–71 Review Conference on, 1:269–71, 6:318, 323–26, 328–29 RSNT on, 6:303–4 Secretary-General’s financial interest in, 1:285 and sovereignty, 6:103–4 Soviet Union on, 6:299 by States Parties, 6:293, 306–8, 311–12 system of, 1:268–70 Tanzania on, 6:298 U.S. on, 6:297–98, 302–3, 305, 310 Working Group of the Whole on, 6:305 working group on, 6:44 Express consent, 1:240–41, 315, 322, 4:495 Express prior approval, use of term, 4:166 Extradition of offenders, 3:191–92 Facilities (see also Off-shore facilities) for arbitral tribunal, 1:395 for communication, 1:214 custom, 1:257 of the Enterprise, 1:371, 373, 376, 378 for mineral processing, 1:366–67 navigational, 1:214 port, 1:213, 216, 2:232 research, 1:296 seaworthiness of (see Environmental protection) training and technological centres, 1:326 transit, 1:256–57, 3:455–57 (see also under Landlocked States) travel, 1:289 Fact finding, 1:399–400, 5:441–42, 449–51 Fair and reasonable terms/conditions for technology transfer, 1:261–62, 323, 350–52, 486 Fair prices, 1:264–65, 363–64 FAO. see Food and Agriculture Organization Fault, liability without, 4:412–13 Fauna. see Natural resources Federal Republic of Germany. see Germany Fees (see also under Contracts, financial terms of) for application for approval of a plan of work, 1:357, 361–62, 429, 478–79, 489, 6:936–37, 6:936n.7 of the conciliation commission, 1:381, 5:324 for contractors, 1:357, 360–62, 364, 429, 489 fishing, 1:232, 3:591–92

Index of Volumes I-VI for pioneer investors, 1:428–29, 432, 478–79 Resolution II on, 6:827, 837–39, 841, 849–50, 6:849n.30 FFA (South Pacific Forum Fisheries Agency), 2:658, 3:301 Fiji, 6:60n.223 on the Authority’s establishment, 6:345–46 on civil jurisdiction re foreign ships or vessels, 2:245 on coastal States, 2:371 on dispute settlement, 5:93n.6 on immunities of warships, 2:262 on innocent passage, 2:160–61, 167–69, 187, 189–90, 223–24, 386–87 on noncompliance of warships with coastal State laws and regulations, 2:254 on nuclear substances, 2:218 on the preamble, 1:458, 465 on responsibility and liability of flag States, 2:257 on sea lanes, 2:206–8, 358 on straits, 2:288, 358 on submarines, 2:180–81 on traffic separation schemes, 2:206–8, 358 on warships, 2:250–51 Final Act (UNCLOS I), 2:39, 861, 876, 1019–25, 3:491–95, 4:746–47 Final Act (UNCLOS II), 3:535–38 Final Act (UNCLOS III), 1:404–41 on adoption of the Convention, 1:420– 22, 5:196 and the Collegium, 1:447–48 commentary on, 1:445–49 as a draft document, 1:446–48 on marine technology development/ transfer, 4:668 on officers/committees, 1:409–13 “package deal” applied to, 1:448 on participation in the Conference, 1:407–9, 420 purpose/status of, 1:445 ratifications of/signatories to, 1:xxxiv– xxxix, 23, 271, 423, 433–34, 447–49 resolution for interim arrangements for the Authority and the Tribunal, 1:419, 5:473–74 resolution for national liberation movements, 5:483–87 resolution for non-self-governing territories, 5:478–82 resolutions re the Sea-Bed Committee, 1:404–6 resolution to establish the Preparatory Commission, 1:420, 5:467–77 on rules of procedure/conduct of negotiations, 1:414–20, 1:415–16n.39 on sessions, 1:406–7

Index of Volumes I-VI signature by national liberation movements, 1:433–34 text of, original, 1:448 Final Act, Annex I, 1:423–34, 446 (see also Resolution I; Resolution II; Resolution III; Resolution IV) Final Act, Annex II (“Statement of understanding concerning a specific method to be used in establishing the outer edge of the continental margin”), 1:346, 421, 446, 2:1019–25 Final Act, Annex III (“Tribute to Simón Bolívar the Liberator”), 1:421, 435, 446 Final Act, Annex IV (“Resolution expressing gratitude to the President, the government and officials of Venezuela”), 1:421, 435, 446 Final Act, Annex V (“Tribute to the Amphictyonic Congress of Panama”), 1:421, 436, 446 Final Act, Annex VI (“Resolution on development of national marine science, technology and ocean service infrastructures”), 1:421, 436–38, 446, 4:669, 741–47 Final Act, Annex VII (“Resolution expressing gratitude to the Prime Minister, Foreign Minister and Deputy Prime Minister, the government and officials of Jamaica”), 1:421, 438, 446 Final Draft Agreement between the International Seabed Authority and the Government of Jamaica regarding the Headquarters of the International Seabed Authority, 6:547, 554 Final Draft Protocol on the Privileges and Immunities of the International Seabed Authority, 6:547–48, 556, 568, 573, 585 Final provisions, 1:338–44, 5:xv, 167–305 (see also Amendments) on accession, 1:338–39, 5:171–72, 201–2, 273–75 on annexes’ status, 5:173, 286–88 application of, 5:191 on authentic texts, 1:338–39, 5:171–73, 273–74, 301–5 concordance, table of, 5:176 controversial/noncontroversial issues, 5:173 on the Convention vs. other conventions/international agreements, 5:173, 229–43, 5:231n.2, 233n.5 on declarations and statements, 5:220, 224–28 on denunciation, 5:173, 279–85 on depositary functions, 5:173, 289– 300, 5:291n.1 documentation of, 5:167–68

363 entitlement and participation clause, 5:185 on entry into force, 1:339–40, 5:171– 73, 203–11, 275–78 excluded items, 5:263, 266, 277 overview of, 5:168–75, 5:168n.3 on participation, 5:177–97 and preamble to the Convention, 1:458, 5:175, 242 on ratification, 1:338–39, 5:173, 198– 200, 273–75 on reservations/exceptions, 5:173, 212– 23, 5:214n.4 on signature, 1:338–39, 5:173, 177–97, 273–74 use of term, 5:168 working paper on final clauses, 5:251–52 Finance Committee (Assembly), 6:65n.231 vs. the Advisory Committee on Administrative and Budgetary Questions, 6:408 Agreement on, 1:489–91, 6:873–74 and the Assembly, 6:375, 377, 385, 401–2, 407–10 Authority’s early functions carried out by, 6:363 and the Authority’s financial arrangements, 6:527, 532, 534–35 budget of, 6:407 composition of, 1:490 Council representation on, 6:407 and the Council’s powers/functions, 6:440, 443, 455–56 decision-making in, 1:491, 6:410, 909–10 establishment of, 1:489–90, 6:370, 404, 407–10, 440, 443, 904, 908 functions of, 1:477, 491, 6:408, 414 membership in, 1:489–90, 6:409 members of, 1:489–90, 6:908–9 recommendations to the Assembly/ Council, 1:484, 488, 490–91, 6:372, 407–10, 909 vacancies in, 1:490 Finances of the Authority, 1:286–87, 481, 6:41, 44, 50, 722 (see also Authority, financial arrangements of) of the Enterprise (see Enterprise, finances of) Financial arrangements, 1:280, 429 (see also Arrangements; Authority, financial arrangements of; Equitable sharing) Financial assistance. see Economic assistance Financial benefits from the area, 1:260, 274, 279, 354, 491 (see also Equitable sharing)

364 Financial contributions (see also Contributions) to the Authority, 1:273–74, 279, 286– 87, 290, 358–64, 480–81, 490 (see also under Authority, financial arrangements of) to the Enterprise, 1:374–75 Financial institutions, compensation through, 4:407–9 Financial management by the Authority, 1:274, 279–80, 424, 490 (see also under Authority, financial arrangements of) Financial rules, regulations and procedures of the Authority. see Regulations and procedures of the Authority Financial security. see Bonds or other financial security Financial statements of the Authority, 1:287 of the Enterprise, 1:373, 376, 6:803–4 Financial terms of contracts. see Contracts, financial terms of Findings of fact, 1:399–400, 5:441–42, 449–51 Finland (see also Group of 11) on the breadth of the territorial sea, 3:483 on enclosed/semi-enclosed seas, 3:350, 360 on the Enterprise, 6:369 on the Green Book, 6:51–52 on innocent passage, 2:199n.26 on marine environment protection/preservation, 4:411 on marine scientific research, 4:447 on straits, 2:318 First Committee (General Assembly) on appointments to be made by the Assembly, 5:347 on archaeological/historical objects, 6:229–30, 6:230n.5 on the benefit/common heritage of mankind, 6:16–19, 21–22 on final provisions, 5:174, 179–80 marine environment preservation/protection deliberations of, 4:231 and the Preparatory Commission, 5:173 First Committee (UNCLOS III), 6:35–54 (see also Group of Legal Experts) agenda items allocated to, 1:87, 92, 6:35–36, 45 and archaeological/historical treasures, 6:36 on the Assembly, 6:44 on the Authority, 6:38, 41–42, 44, 50 complexity of issues addressed by, 1:44 on the Council, 6:45 on decision-making, 6:40, 47

Index of Volumes I-VI on dispute settlement, 5:xiv, 6:38, 44 documentation of, 1:li–lii, liii–liv, 5:xxix, xxx on economics of mining, 6:37 on the Enterprise, 6:42–44, 50 on entry into force, 5:208–9 establishment of, 1:xxvi, 6:31 exploitation working group, 6:44–45 goals of, 6:38, 45 Green Book proposal by U.S. (see Green Book) ICNT work of, 1:126–27, 6:45, 47–50, 52 (see also Green Book; ICNT) informal working groups of, 1:415, 1:415n.39 on institutional arrangements, 6:45 on the international machinery/régime, 6:36–37, 65, 286 ISNT issued by, 6:38–39 (see also ISNT/Part I) on joint ventures, 6:44 leadership of, 6:35, 6:35n.120 on marine scientific research, 4:490, 605, 609 on marine technology development/ transfer, 4:708–9, 714–17 meetings of/discussions on, 6:35–37, 41 on monopolies, 6:44 negotiating groups/methods of, 1:92, 6:45–46 officers of, 1:410 on a parallel (dual) system for activities, 6:40–45 on permanent vs. temporary role of States Parties, 6:42 Preparatory Commission, 6:49–51 (see also Preparatory Commission) on preparatory investment protection, 6:50–51 on production ceilings/policies, 6:51, 64 progress of, 6:42, 45, 49 on review clause for exploitation, 6:44 Review Conference, 6:43, 6:43n.154 and RSNT, 1:119, 6:40–42, 44 scope of work of, 6:35–36 (see also Annex III; Annex IV; Part XI; Preparatory Commission; Resolution II) and the Sea-Bed Disputes Chamber, 5:401–2 SNT work of, 1:116 on the Tribunal’s finances, 6:50 U.S. participation in, 6:48–52 on use of terms and scope, 2:29–30, 4:750, 6:71–74 and WG.21, 1:93, 1:415n.39, 6:46–48, 6:47n.171, 6:49–51 on who may exploit the Area, 6:37, 6:37n.125 Working Group, 1:92, 6:37–39, 6:37nn.124–25

Index of Volumes I-VI First period of commercial production, 1:358–60, 367 First United Nations Conference on the Law of the Sea. see UNCLOS I Fish. see Fisheries and fishery resources; Fishing; Fish stocks; Stocks; and specific species Fisheries and fishery resources (see also Convention on Fishing and Conservation of the Living Resources of the High Seas; Draft Agreement on Straddling and Highly Migratory Fish Stocks) for anadromous stocks, 3:590–91 assistance to, 3:538 coastal, special situations re, 3:530 conservation conventions, 3:528 data from, 1:254, 3:666 discretion re, 1:335 disputes re, 3:29–30, 34, 313, 659, 5:85–86, 5:91n, 5:105 enforcement of regulations on, 1:232, 234, 238 equipment embedded in the sea floor used by, 3:518–19 in the exclusive economic zone, 2:526, 3:584–94 exclusive fishery zones, 1:60–61, 3:38, 584–94, 5:186n and exemptions from compulsory procedures, 5:137 Fisheries Jurisdiction cases on conservation of resources, 3:300 on delimitation of fishing zones, 2:814n.23 on delimitation of sea areas, 2:141– 42, 2:610n.23 on historic waters/title, 2:118 on long usage, 2:100, 2:610n.23 negotiation used to resolved, 3:302 parties involved in/duration of, 2:2, 3:2 and preambles of 1958 Conventions, 1:454–55 on straight baselines, 2:61, 97, 101– 3, 304, 399 geographically disadvantaged States’ rights/interests re, 3:622–23 new entrants to fisheries, 3:313 non-participants in, 3:660 organizations for regulating/managing, 2:657–58, 3:312, 366, 588, 603–4, 610, 648–52, 659–60, 6:203n Second Committee on, 3:466 special arbitration for, 5:442, 445 in the zone beyond the territorial sea, 3:597–604 Fishing (see also Fisheries and fishery resources; Laws and regulations; Living resources; Right(s); Statistics)

365 access of other States to, 1:226, 231–32, 234–37, 335 in an adjacent area, 1:233 of anadromous stocks, 1:233–34 archipelagic States’ traditional rights re, 1:226, 2:447–54 of catadromous species, 1:234 catch and effort statistics, 1:231–32, 254 driftnet, 3:38–41, 45–47, 3:311n.3 due regard to, 1:230 equipment for, 1:232 in exclusive economic zones, 1:231–37, 335 fact-finding re, 1:399–400 fees for, 1:232, 3:591–92 freedom of, 1:7, 3:279–89, 3:288n.14, 3:505, 514, 609 (see also under Freedom of the high seas) gear for, 1:222, 232, 252–53 by geographically disadvantaged States, 1:236–37 on the high seas, 1:244, 253–54, 263, 3:30, 35–38, 72, 74–79, 83, 609 (see also Convention on Fishing and Conservation of the Living Resources of the High Seas) increases in, 3:38 and innocent passage, 2:176 by landlocked States, 1:235–36 laws and regulations re, 1:214, 231–32, 238, 335 licenses/permits for, 3:587, 652–53 punishment for violating regulations re, 3:612 reflagging of vessels, 3:43, 48–49 regulatory measures by the coastal State, 1:222, 230–34, 307 restoration of overfished populations, 1:231, 253–54 rights in the exclusive economic zone, 3:579 rights of, 1:226, 2:447–54, 3:579, 5:91n, 6:6, 6:6n.7, 6:11 seasons and areas for, 1:232 settlement of disputes re, 1:335, 397 and States’ rights/duties in the exclusive economic zone, 2:565 technology for, 1:232 in territorial seas, 1:214 traditional rights of, 1:226, 2:447–54, 5:91n use of term, 2:35 Fishing vessels (see also Draft Agreement on Straddling and Highly Migratory Fish Stocks) Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, 3:43, 48–58, 3:145n.9

366 arrest in the exclusive economic zone, 3:593–94 (see also Foreign ships or vessels, arrest or detention of) authorization of, 3:51–52 cables/pipelines damaged by, 1:252–53 cooperation with developing States re, 3:55 entitlement to fly a flag, 3:52 exchange of information re, 3:53–55 inspection of, 3:653, 656 international cooperation re, 3:52–53 length of, 3:49–50, 3:145n.9 licensing of, 1:232 marking/identification of, 3:52 nondiscrimination against, 1:222 records of, 3:49–50, 52–53 reflagging of, 3:43, 48–49 settlement of disputes re, 3:55–56 use of term, 3:49 Fish stocks, 1:231, 254, 3:301, 588–89, 611, 669 (see also Conservation/management of living resources; Draft Agreement on Straddling and Highly Migratory Fish Stocks; Stocks) Fitzmaurice, Gerald, 1:141–42n.35, 2:102 Flag and emblem of the Authority, 6:550 Flags (see also Flag States; Nationality; Ships; Vessels) of convenience, 1:245, 3:107, 4:242, 257 etiquette re, 3:133, 3:133n.10 right to fly, 1:244–45, 250 showing of, 1:214, 250 of the United Nations, its specialized agencies or the International Atomic Energy Agency, 1:245 unlawful use of, 1:247 Flag States (see also Government ships; Investigation; Violations) access to procedures for release of vessel, 5:70–71 arrest by authorities of, 1:247 authorities or representatives of, 1:216– 17, 247, 307–8, 310 and drug trafficking, suppression of, 1:249 duties/obligations of, 1:245–47, 250, 252, 309 duties on the high seas, 3:135–52 general, 3:28 IMCO/IMO on, 3:140, 145–46, 150 inquiries into marine casualties/navigation incidents, 3:136–38, 140– 42, 150–52, 3:151nn.28–29 international conventions re, 3:148– 49

Index of Volumes I-VI international regulations/standards, conformance to, 3:135, 137, 139, 141–43, 145–47, 149–50 ISNT on, 3:142–43 jurisdiction over ships flying their flag, 3:135, 137–41, 3:140n.1, 3:143–44, 3:144n.5, 3:146, 150, 152, 294–95, 506, 606 pollution avoidance, 3:138, 141, 151 register of ships, maintenance of, 3:135, 138, 143–46 RSNT on, 3:143 safety measures, 3:135, 137–39, 141–42, 146–49, 507, 607–8 United Nations Convention on Conditions for Registration of Ships on, 3:144–45, 3:146n, 4:257 enforcement by, generally, 1:303–4, 306–7, 309–10, 3:654 exclusive jurisdiction over ships flying its flag vs. right of visit, 3:238–39, 244 jurisdiction and control of, 1:245–47, 250, 252, 4:242–57 jurisdiction on the high seas, 3:36, 135 jurisdiction over ships flying their flag, 3:36, 48–49, 125–26 link between, and ships, 1:244–45 marine environment preservation/protection, duties re activities in the area, enforcement of regulations re, 4:229 civil proceedings, institution of, 4:360–61 vs. coastal states’ enforcement obligations, 4:282, 286–302 investigation of foreign vessels, 4:343–44 land-based pollution regulations, enforcement of, 4:217–21 monetary penalties and rights of the accused, recognition of, 4:363–64 notification of flag States, requirements for, 4:371–76 vs. port States’ obligations, 4:258–72 regulations, enforcement of, 4:240–57 suspension and restrictions on proceedings involving jurisdiction of, 4:350–59 vessel-source pollution, duties regarding, 4:181–206 violations proceedings, facilitation of, 4:323–24 marine environment preservation/protection duties re dumping enforcement, 4:232–39 re sovereign immunity, 4:421 national maritime administration of, 3:108–10, 112

Index of Volumes I-VI notification to, 1:217, 238, 309–10, 4:371–76 penal jurisdiction in matters of collision or navigation incident, 1:247, 3:165– 69, 3:166n, 3:507, 608 protection of the marine environment, 1:299–300, 302–3, 307–8 registration, 1:245 requests to, for investigation, 1:304 requests to the coastal or port State, 1:216–17, 305, 332 responsibilities/duties re conservation/ management, 3:652–53 responsibilities re fishing vessels, 3:50–52 responsibility of, 1:218, 223, 2:256–59, 2:257n rights of, 1:244, 309 shipowning companies’/ships’ management by, 3:115 use of term, 2:36, 43, 46–47, 3:111, 4:759 and warships or ships on government service, 1:246, 250, 2:256–59, 2:257n Flag states national maritime administration of, 4:375–76n.7 Flora. see Natural resources Food and Agriculture Organization (FAO; U.N.) on conservation/management, 2:609– 10, 3:29, 43, 316 constitution of, 6:488n.1, 499n.1, 502 data collection/sharing via, 3:668, 4:91–92 developing States’ assistance via, 3:656 on driftnet fishing, 3:46 experts list maintained by, 1:397–98, 5:42, 446 fishery organizations established by, 2:657–58, 3:312, 366, 588, 610 on fishing, 2:638n.31 on highly migratory species, 2:657–58, 997 information exchanged re fishing vessels, 3:53–55 on international cooperation in marine exploitation, 6:14 and marine environment preservation/ protection, 4:16, 91–92, 282 and marine scientific research, 4:437 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:742–43 Standard Specifications for the Marking and Identification of Fishing Vessels, 3:52 Technical Consultation on High Seas Fishing, 3:311 Force, use of, 1:213–14, 221, 337, 5:155n (see also Arrest; Detention)

367 Force majeure, 1:213, 221, 4:167–68, 6:968 Foreign ships or vessels (see also Investigation; Nondiscrimination; Ports) archipelagic passage of, 1:226 arrest or detention of, 1:217–18, 238, 250–52, 5:66–71 charges levied for passage through the territorial sea, 1:216, 2:234–36, 382–83 civil jurisdiction in relation to, 1:217– 18, 2:244–47 and coastal States, 2:376–77, 4:283, 285, 299–302 criminal jurisdiction in relation to, 1:216–17, 238, 2:237–43, 2:243n.7 design, construction and manning of, 1:215, 2:202 enforcement against, 1:308–11 equal treatment of, 1:257, 309 hot pursuit of, 1:250–51 innocent passage of, 1:213–18, 226, 300, 3:468–74, 500–501 marine environment protection/preservation provisions re and coastal States’ enforcement obligations, 4:283, 285, 299–302 exclusions for, 4:14 investigation of, 4:334–44 measures to facilitate proceedings for, 4:321 nondiscrimination with respect to foreign vessels, measures for, 4:345–47 notification of flag States, requirements for, 4:372–73 port States’ enforcement duties re violations by, 4:272 rules re, 4:3 safeguards for, 4:18–19 straits used for international navigation, safeguards for, 4:391 suspension and restrictions on proceedings involving, 4:354, 358 vessel-source pollution, standards for, 4:180–81, 4:184–85n.8, 4:204–6 and marine scientific research, 4:461, 495 nuclear-powered, 1:215 penalties against, 1:238, 309–10 re pollution, 1:300–301, 308–10 in ports, 3:465 right to visit, 1:250 transit passage, 1:221–23 vexatious claims by, 5:79–81 Foreign States, use of term, 2:43 Fourth Committee (UNCLOS I), 2:910, 992, 4:137, 501, 519 Fourth Committee (UNCLOS III), 2:898

368 France on Annex III, 6:657, 686–87 on artificial islands, installations and structures, 2:583–84, 2:584n.10 on the Assembly, 6:400 on the Authority, 6:342 on baselines/bays, 3:478 on the breadth of the territorial sea, 3:481, 483 on broadcasting from the high seas, 3:233 on contracts, 6:727 on the Council, 6:429 on dispute settlement, 6:597 on the Enterprise, 6:520 on islands, régime of, 3:331 marine environment preservation/protection, proposals by on adverse consequences from exercise of powers, 4:331 on atmospheric pollution, 4:316–17 and coastal States’ enforcement obligations, 4:283 on dumping, 4:164 on investigation of foreign vessels, 4:339 on maritime casualties, 4:309 on monetary penalties and rights of the accused, 4:367, 369 on notification of flag States, 4:372 and port States’ enforcement obligations, 4:269–71 on seaworthiness of vessels, 4:276 on suspension and restrictions on proceedings, 4:350, 356–57 on transferring or transforming hazards or pollutants, 4:71–72 and vessel-source pollution, 4:193– 94 on marine scientific research, 4:501, 519, 521–22, 4:605n.2, 4:615 on monopolies, 6:686–89 nuclear testing by, 4:317n.9 on opposite or adjacent coasts, 2:142 as a pioneer investor, 6:67, 823, 6:838n, 6:841, 845 on policies on activities, 6:250 on production authorizations, 6:694n.45 on Resolution II, 6:841, 847–49, 6:849n.29 seabed mining legislation of, 6:834n.4 on special arbitration, 5:443 on the Statute of the Enterprise, 6:769, 780, 784 on uses of the seabed, 6:22 François, J. P. A. (of the Netherlands), 2:56–57, 59, 102, 828, 3:461, 5:302 Fraud, maritime, 3:110 Freedom of action, 4:103–4, 701 Freedom of navigation. see Navigation, freedom of

Index of Volumes I-VI Freedom of the high seas, 3:70–86 (see also specific freedoms, such as navigation, freedom of) vs. accommodation of activities, 6:208, 210, 215 and activities in the Area, 3:86 and air space, legal status of, 2:52, 64, 156–57, 406, 437–42, 900–907, 3:70–71 and artificial island/installation construction, 1:244, 3:76–79, 83, 609, 633 Castañeda Group on, 3:79, 95 vs. common heritage of mankind, 6:100 dispute settlement re, 3:34–36 due regard in, 3:86, 3:86n equality of States in, 3:86 and the exclusive economic zone, legal status of, 3:80 in the exclusive economic zone, 1:24, 3:69–70 explore/exploit the subsoil, 3:85, 523 fishing, 1:244, 253–54, 263, 3:30, 35–38, 72, 74–79, 83, 609 (see also Fishing; Fishing vessels) ICNT on, 3:79–80 ILC on, 3:74–75n.4, 3:75, 85 inter alia, use of term, 3:76, 78, 84–85, 3:85n.27 ISNT on, 3:77–78, 95 for landlocked States, 3:78–80, 101 (see also under Landlocked States) and marine scientific research, 4:429– 30, 4:430n.3, 4:440, 455–56, 501–2, 609, 651, 655–56 military purposes, 3:85 navigation (see Navigation, freedom of) nuclear weapons testing, 3:85 and obligations, 3:74–75 overflight, 1:7, 244, 3:72, 74–79, 81–82, 96–97, 609 and Part XI, 6:69, 6:69n.2 qualifications on, 3:80–81, 85–86 régime of the high seas based on, 3:27–28 regulation of, 3:609–10 and right of access/transit freedom, 1:256 and rights/interests of States, 3:73 RSNT on, 3:78–79, 95 rules re, 3:74–75n.4 scientific research, 1:244, 3:72, 75–79, 83–84, 610 sources of, 3:72–74, 3:74–75nn.3–4 vs. sovereignty over the high seas, 3:94–95 submarine cables and pipelines, laying of, 1:7, 244, 3:72, 74–79, 82, 261–65, 608–9 and superjacent waters’ legal status, 3:70–71, 6:89, 91, 6:91n.3 test of reasonableness for, 3:74

Index of Volumes I-VI Freedom of the seas, 6:5–6, 6:5n.5 (see also Common heritage of mankind; Freedom of the high seas) Freedom of transit, use of term, 3:419–20 Freedoms of navigation and overflight over the continental shelf, 1:241 in the exclusive economic zones, 1:7, 220, 229, 334 on the high seas, 1:220, 229, 244, 256, 334 Free market principles, 6:245 (see also Markets) Free trade zones/ports, 3:230 Free zones, 1:257 French, Greg (of Australia), 6:55 French language, for authentic texts, 5:301–2 French Language Group, 1:413n.29, 1:464, 5:388 Friendly Relations Declaration, 6:115 Frigate mackerel, 1:345 Fuel dumping, prevention/reduction/ control of, 4:167, 4:168n Full powers, use of term, 5:271 Functions. see Powers and functions Funds (see also Compensation fund; Contractors; Economic assistance; ExpenÂ� ditures) of Authority, 1:286–87, 358–64, 481, 488, 490, 6:913–14 borrowed by the Authority, 1:286–87, 481, 6:915 borrowed by the Enterprise, 1:372, 374 compensation fund for land-based producers of minerals, 1:286–87, 424 of the Enterprise, 1:286–87, 371–72, 374–76, 425–26, 432, 483 for marine technology development/ transfer, 4:698 pollution compensation, 1:312 preferential allocation of to developing countries, 1:297 transfer from the Enterprise to the Authority, 1:274, 286, 374 Gabon, 2:198–99, 6:401 Galicki, Zdzislaw (of Poland), 6:547 Gambia, 2:845n.7 GATT. see General Agreement on Tariffs and Trade Gear (fishing), 1:222, 232, 252–53 (see also Fishing) General acceptance of guidelines, criteria and standards, 1:325 of international regulations, practices and procedures, 1:215, 222, 227, 245–46

369 of international rules or standards, 1:215, 230, 300–301, 308 General Act for the Pacific Settlement of International Disputes (1928, 1949), 5:26, 55, 5:119n.9, 5:311 General Act of the Brussels Conference relative to the African Slave Trade (1890), 3:179 General Agreement on Tariffs and Trade (GATT), 1:487, 3:374–75, 431, 6:236, 255, 260, 279–80 (see also World Trade Organization) General Assembly (see also General Assembly resolutions) “all states” formula, 5:170, 181 Charter of Economic Rights and Duties of States adopted by, 6:32n.106 and depositary functions of SecretaryGeneral of the United Nations, 5:291 elections in, 5:345 marine technology development/transfer policies of, 4:666, 668 and national marine science, technologyÂ€ and ocean service infrastructures, Annex VI provisions, 4:747, 4:747n.11 Report of its Working Group on the Review of the Treaty-making Process, 1:135n.2 General Assembly resolutions (see also Resolution 2340; Resolution 2467 A; Resolution 2750 C; Resolution 3067) 34/92 C, 1:409, 5:181 35/116, 5:297 36/39, 5:343 37/66, 5:295 38/36 C, 5:181 38/59, 5:295 40/61, 3:186–87 44/225, 3:44–47, 3:311n.3 46/215, 3:40–41, 3:40n 47/192, 3:42 48/263, 3:xvi, 6:855–74 (see also Agreement (1994)â•›) 49/28, 3:675–80 598 (VI), 5:214–15 1028 (XI), 1:177, 3:391 1112 (XL), 1:161–62, 6:13–14, 6: 14n.41 1262 (XIII), 5:421–22 1306 (XIII), 2:118 1453 (XIV), 2:118 1514 (XV), 5:183, 6:139–43, 6:143n.18 2172 (XXI), 1:161–62, 167, 6:14–16 2272 (XXII), 2:119 2414 (XXIII), 1:168–69 2467 (XXIll), 2:41, 4:54, 149, 228 2574 A (XXIV), 2:841–42, 954

370 2626 (XXV) (International Development Strategy for the Second United Nations Development Decade), 6:177 3071 (XXVIII), 4:637–38 3201 (S-VI) (Declaration on the Establishment of a New International Economic Order), 4:666–67, 6:32n.106, 6:181 3201 (S-VI) (Declaration on the Granting of Independence to Colonial Countries and People), 6:32n.106, 6:181 3281 (XXIX), 4:667 re the Sea-Bed Committee (see also Moratorium resolution) 2467 B (XXIII) (Examination of the question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:165–66 2467 C (XXIII) (Examination of the question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:166–67 2467 D (XXIII) (Examination of the question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:167–69, 4:753–54 2574 A (XXIV) (Question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:169–70, 177–78, 404–5, 2:3, 3:3, 5:232, 6:24 2574 B (XXIV) (Question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:170–71 2574 C (XXIV) (Question of the reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:171–72, 6:24–25, 341 2749 (XXV) (see Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction) 2750 A (XXV) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:176–77, 182–83 2750 B (XXV) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:177–78, 182–83 2881 (XXVI) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:182–83, 405, 3:xxxiii

Index of Volumes I-VI 3029 A (XXVII) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:184–85, 405 3029 B (XXVII) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:186–87 3029 C (XXVII) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:187 documentation of, 5:xxxiii on territorial waters, 2:56–57 UNCLOS I and II, resolutions up to and including 374 (IV) (Recommendation to the International Law Commission to include the régime of territorial waters in its list of topics to be given priority), 1:153 798 (VIII) (Régime of the high seas), 1:153–57, 178 899 (IX) (Draft articles on the continental shelf), 1:154–55, 157 900 (IX) (International technical conference on the conservation of the living resources of the sea), 1:155–56 1105 (XI) (International conference of plenipotentiaries to examine the law of the sea), 1:156–58, 178 1306 (XIII) (Question of initiating a study of the juridical régime of historic waters, including historic bays), 1:158–59 1307 (XIII) (Convening of a second United Nations conference on the law of the sea), 1:159–60 1453 (XIV) (Study of the juridical régime of historic waters, including historic bays), 1:160 UNCLOS III, resolution adopted after 38/59 A (Third United Nations Conference on the Law of the Sea), 1:203–5 38/59 B (Third United Nations Conference on the Law of the Sea), 1:205 UNCLOS III, resolutions adopted during 31/63 (Third United Nations Conference on the Law of the Sea), 1:193–94 31/407, 1:193n.1 32/194 (Third United Nations Conference on the Law of the Sea), 1:194–95 33/17 (Third United Nations Conference on the Law of the Sea), 1:195–96 33/405, 1:196n.1

Index of Volumes I-VI 34/20 (Third United Nations Conference on the Law of the Sea), 1:196–97 34/407, 1:197n.1 35/116 (Third United Nations Conference on the Law of the Sea), 1:197–99, 1:199n.2 35/452, 1:199n.2 36/79 (Third United Nations Conference on the Law of the Sea), 1:199–200 37/66 (Third United Nations Conference on the Law of the Sea), 1:201–3, 5:476 3233 (XXIX), 5:170 3334 (XXIX) (Third United Nations Conference on the Law of the Sea), 1:191–92, 408–9, 5:180, 302 3483 (XXX) (Third United Nations Conference on the Law of the Sea), 1:192–93 General Committee (Assembly), 6:383– 85, 6:385n.10 General Committee (UNCLOS III), 1:liii, 91, 97, 127, 410, 2:13, 719–20, 755–56 “General conduct in the Area and in relation to the Area,” 6:114 General Conference on the Freedom of Communications and Transit. see Barcelona Convention General law of the sea, 4:200, 350, 5:183 General law of treaties, 5:175, 222, 5:222n.12 General Principles for Assessment and Control of Marine Pollution (See also Principles for Assessment and Control of Marine Pollution) activities in the area, enforcement of regulations involving, 4:228 activities in the area as source of pollution, 4:150 atmospheric pollution, enforcement of regulations re, 4:316 data and information exchange, studies, and programmes, 4:92 on dumping prevention, reduction and control, 4:158 and enforcement obligations of flag States, 4:242–43 international agencies, 4:117–18 maritime casualties, measures for avoiding, 4:306 on responsibility and liability, 4:401 on scientific criteria for regulations, 4:95 technical assistance to developing states, 4:100 and vessel-source pollution, 4:183 Genetic resources, 6:76

371 Geneva Convention on the Territorial Sea and the Contiguous Zone (1958), 1:9 Geneva Conventions of 1949 for the Protection of War Victims, 5:188, 225, 280 Geneva Conventions on the Law of the Sea (1958) (see also UNCLOS I; UNCLOS II) authentic texts of, 5:302–3 on baselines, 2:129 vs. the Convention, 1:340, 5:229, 232, 234–35, 237–39, 242–43 and the Drafting Committee’s harmoÂ� nization work, 1:142–43, 2:17, 3:17, 19 marine environment protection/preservation efforts in, 4:6 and need for new Convention, 1:207 on opposite or adjacent coasts, 2:138 Geneva Working Group (1975), 5:9 Genocide Convention, 5:280 Gentlemen’s Agreement, 1:lxiii–lxiv, 20–21, 31, 101–2, 1:190n.1, 1:412, 414–15, 457 Genuine link, use of term, 3:107, 3:107n.7 Geodetic data, 1:212–13, 225, 239–40, 243, 2:148, 820 Geographical coordinates (see also Charts) of archipelagic baselines, 1:225 charts of, 2:817–21 of the continental shelf, 1:243, 2:882– 83, 986–90 deposited with the Secretary-General of the Authority, 1:243, 258 deposited with the Secretary-General of the United Nations, 1:213, 225, 239, 243, 2:821, 883, 986–90 of exclusive economic zones, 1:239 lists of, 2:817–21 publicity to, 2:817, 820, 2:820n.6 of the continental shelf, 2:986–90 of territorial sea, 1:212–13, 2:144–50 Geographically disadvantaged States, 1:324–25 (see also Assistance, technical; Landlocked States; LL/GDS Group) re activities in the Area, 1:325 Assembly’s consideration of problems of, 6:388 assistance to, 2:782–83 and the common heritage of mankind, 6:99 in the exclusive economic zone, 1:236, 3:581–82, 620 exploitation of living resources by, 1:235–37 fisheries rights/interests of, 3:622–23 fishing by, 1:236–37

372 and marine scientific research, 1:323, 2:767, 2:767n marine scientific research proposals by conditions to be complied with, 4:542–43 general provisions re, 4:445, 448–49 re information to coastal States, 4:531 principles for conduct of research, 4:458 publication and dissemination of information and knowledge, 4:483 rights re, 4:605 marine scientific research rights of, 4:581–96 needs/interests of, policies on, 6:245 neighbouring, rights of, 4:595 participation by in activities in the Area, 1:263, 268, 274, 6:216–17, 219–24, 324 and the benefit of mankind, 6:134, 137–38, 143–44 in marine scientific research, 1:319–20 preferences accorded to, 1:377 preferential treatment for, 6:283, 285– 87, 289–90 remoteness of, 6:223–24 representation in the Council, 1:275– 76, 485 on the Review Conference, 6:324 rights of, 1:236–37, 2:731–72 on the scope of the international régime, 6:80 special needs of, 6:224 technical assistance to, 4:712–18 and technology development/transfer, 4:675–79, 689–95, 702–5, 6:184 and transfer of rights to exploit living resources, 2:775 use of term, 1:236, 2:39, 43, 764–65, 2:765n.53, 2:766, 3:621–22, 6:72, 220, 225, 6:225n and utilization of living resources in the exclusive economic zone, 2:629, 631 German Democratic Republic arbitration chosen by, 5:422n.2 on the contiguous zone, 2:270 on contracts, 6:719 on fishing rights, 2:646n.14, 2:744 on geographically disadvantaged States, 2:744 on marine environment protection/preservation, 4:160, 235–36 maritime boundary of, 2:80 on the Security Council, 5:139 special arbitration accepted by, 5:451 Germany on Annex III, 6:657 on the Assembly, 6:400 in Assembly working group on the rules of procedure, 6:384

Index of Volumes I-VI on the Authority, 6:527n.7, 6:530, 539 and the Boat Paper, 6:60n.223 on the breadth of the territorial sea, 3:481–82 and the cod war, 2:2, 3:2 on the Commission on the Limits of the Continental Shelf, 2:1013 on contracts, 6:727 Convention rejected by, 1:xxviii, 6:3–4 on the Council, 6:429 on delimitation disputes, 5:129 on delimitation of the continental shelf between opposite or adjacent coasts, 2:968 on enclosed/semi-enclosed seas, 3:351, 363 on Enterprise, 6:761 on the exclusive economic zone, 2:538 on fair and reasonable commercial terms and conditions, 6:679–80 on the Finance Committee, 6:407 on the high seas, use of term, 3:63, 65–68 on innocent passage, 2:173 on landlocked States’ access to the sea, 3:418 marine environment protection/preservation efforts of re adverse consequences from exercise of powers, 4:331 and coastal States’ enforcement obligations, 4:285 re enforcement obligations of flag States, 4:248–49 re investigation of foreign vessels, 4:336, 339–40 re League of Nations, 4:4 re monetary penalties and rights of the accused, 4:365–66 re nondiscrimination against foreign vessels, 4:346 re notification of flag States, 4:372–73 re States’ liability due to enforcement of regulations, 4:378 re violations proceedings, 4:322 on marine scientific research, 4:501, 616 on nuclear-powered ships, 2:219 on nuclear substances, 2:219 on opposite or adjacent coasts, 2:135n.5 on policies on activities, 6:250 on Resolution II, 6:837, 841 on the Review Conference, 6:324 seabed mining legislation of, 6:834n.4 on sea lanes, 2:470–71 on States’ rights/duties in the exclusive economic zone, 2:563 GESAMP (Group of Experts on the Scientific Aspects of Marine Pollution), 2:41, 4:9, 4:53n.1, 4:753 Giannini, M. (of Italy), 3:483

Index of Volumes I-VI Gidel, M. (of France), 2:56, 3:481, 483 GIPME (Global Investigation of Pollution in the Marine Environment), 4:111n.2 GLE/FC. see Group of Legal Experts on Final Clauses Gleissner, Heinrich (of Austria), 1:412 Global Environment Facility, 3:656 Global Investigation of Pollution in the Marine Environment (GIPME), 4:111n.2 Global Maritime Distress and Safety System (GMDSS), 3:176n.11 Global rules, standards and recommended practices. see General acceptance; Rules, standards and recommended practices and procedures regarding pollution GMDSS (Global Maritime Distress and Safety System), 3:176n.11 Goicoechea, M. (of Spain), 3:461 Good faith and abuse of rights, 1:337, 5:150–52 by applicants, 1:350 by Authority members, 1:271 by contractors, re plans of work, 1:479– 80, 483 as a general clause of the Convention, 5:31 marine environment protection/preservation legislation, 4:133 in seizure of suspected pirate ships, 1:249 and treaties, 5:194–95 Good order and security, 1:213–14, 216–17 Göppert, M. (of Germany), 3:461, 481 Görner, Gunther (of the German Democratic Republic), 6:xlvi, 56 Governing Board (Enterprise) (see also Enterprise) candidates for, 6:435, 444, 448–49, 455 election of a chairman, 1:372 election/re-election of, 1:278, 371, 6:387, 391–93, 395–96, 402, 779 France on, 6:780, 784 Group of 77 on, 6:776, 779 ICNT on, 6:777, 779–81, 783 location of, 6:778 meetings of, 1:373, 6:778–79, 783 members of, 1:371, 6:777, 779–82 need for, 6:760, 776 NG3 on, 6:779–81 nomination of candidates, 1:278, 371 nomination of Director-General of the Enterprise, 1:372 powers/functions of, 1:371–72, 374, 377, 6:763, 778, 784–86, 6:786n quorum for, 1:371, 6:778, 783–84 remuneration, 1:371 RSNT on, 6:776–77, 779, 781, 783–84 seats on, 1:371

373 structure of the Enterprise, 1:370 transfer of funds under recommendation of, 1:274, 374 U.S. on, 6:780 vacancies on, 1:371 voting by, 1:371, 6:778, 783–84 WG.21 on, 6:781–84 World Bank as model for, 6:778 Governing Preparatory Investment in Pioneer Activities relating to Polymetallic Nodules. see Resolution II Government ships (see also Warships) damage caused by, 1:218 disputes re military activities by, 1:336 enforcement by, 1:249–51, 308 immunity of, 1:218, 246, 250, 312, 3:472–73, 507 innocent passage in territorial seas, 3:501–2, 561–62 laws and regulations on, 2:237–65 marine environment preservation/protection, duties regarding, 4:326–29, 420–21 noncommercial, use of term, 2:264n.5 piracy by, 1:248, 3:203–5, 3:205n, 3:613 rules applicable when operated for commercial purposes, 1:216–18 rules applicable when operated for noncommercial purposes, 1:218, 312, 2:260–65 State responsibility for, 3:562 status of, 2:55 Grandy, Neal R., 4:xix Great Maritime Powers, 1:79–80 Greaves, Sir Ewart (of India), 3:484 Greece on aircraft, 2:338, 340–41 on air space, 2:362, 902 on archaeological/historical objects, 5:159, 161, 6:227, 6:227n.2, 6:228 on the breadth of the territorial sea, 3:483–84 on coastal States, 2:373–74 on the continental shelf, 2:847, 956 on dumping, 2:32 on the exclusive economic zone, 2:539, 803, 806–7 on innocent passage, 2:174 on islands, régime of, 3:329–32 marine environment protection/preservation proposals by re activities in the area, 4:229 and coastal States’ enforcement obligations, 4:284–85 re dumping, 4:161–62, 235–37 and flag States’ enforcement obligations, 4:247 re international rules and national legislation for pollution prevention, reduction, and control, 4:129–30

374 re investigation of foreign vessels, 4:336 re maritime casualties, 4:313 re pollution, 4:217, 223 and port States’ enforcement obligations, 4:262–63 re States’ liability due to enforcement of regulations, 4:378 re violations proceedings, 4:351 on marine scientific research, 4:580n on opposite or adjacent coasts, 2:138 on piracy, 3:201n.8 on rights of coastal States over the continental shelf, 2:895 on sea lanes and traffic separation schemes, 2:360 on straits, 2:305, 2:314n, 2:327, 2:328n.7 on superjacent waters over the continental shelf, 2:902 on transit passage, 2:362 Green, Charles (of the Irish Free State), 3:484 Green Book on Annex III, 6:657, 674 on the Area/resources, use of terms, 6:75 on the Assembly, 6:382–83 Australia on, 6:51–52 on the Authority, 6:310, 369, 530, 539– 40, 545 Canada on, 6:51–52 on the Council, 6:430–31, 453 Denmark on, 6:51–52 on the Economic Planning Commission, 6:471 Finland on, 6:51–52 Group of 12 on, 1:80, 6:51–52, 6:51n.195, 52n.201 Group of 77 on, 1:80, 6:51–52, 6:52n.201 Iceland on, 6:51–52 Ireland on, 6:51–52 on the Legal and Technical Commission, 6:481 naming of, 6:51n.194 Netherlands on, 6:51n.195 New Zealand on, 6:51–52 Norway on, 6:51–52 on policies on activities, 6:253 on production policies, 6:277–78 on qualifications of applicants, 6:674 on the Review Conference, 6:332 on the Statute of the Enterprise, 6:763– 64, 813 Sweden on, 6:51–52 Switzerland on, 6:51–52 on technology transfer, 6:187 Grisbadarna arbitration case, 2:142 Gross proceeds. see Contractors, gross proceeds of

Index of Volumes I-VI Grotius, Hugo, 6:5 Group for the Common Heritage Fund, 2:945 Group of 10 on the Council’s voting procedure, 6:404 Group of 11, 6:401 Group of 12, 1:80–81, 6:51–52, 6:51n.195, 52n.201 Group of 21 (Nandan Group), 1:105, 109–10, 125, 6:140 (see also Negotiating groups, Negotiating Group 4) on coastal States’ right to participate in the exploitation of the exclusive economic zones, 2:770 on geographically disadvantaged States, 2:746–49, 752–55 on landlocked States, 2:711–13, 716– 19, 2:720n.33 on transfer of rights to exploit living resources, 2:780–81 Group of 77 on the exclusive economic zone, 2:500, 516, 532–35, 550, 558 on geographically disadvantaged States, 2:740–42 on landlocked States, 2:701–2 and the LL/GDS Group, 2:703n.11 on settlement of disputes in the exclusive economic zone, 2:567 on States’ rights/duties in the exclusive economic zone, 2:558 on transfer of rights to exploit living resources, 2:779 Group of 77 (U.N. General Assembly) (see also Developing States) on Annex III, 6:652, 6:652n.5, 6:656– 57, 6:657n.16, 6:660–61, 667, 671– 72, 733 on applicable law, 6:751 on the Assembly, 6:372, 378–81, 393– 97, 6:398n on the Authority, 6:33, 343–44, 6:344n, 6:345–46, 530 on the benefit of mankind, 6:137, 140–41 on contracts, 6:42, 725–26, 6:726n, 6:727, 748–49 on the Council, 6:420–27, 429, 444–46, 452–53 on the Declaration of Principles, 6:25– 26n.90, 54n.206 on depositary functions, 5:296 on developing States’ needs/interests, 3:380–81 on the draft Agreement, 6:63 on the Economic Planning Commission, 6:471–72 on the Enterprise, 6:43, 506, 513–14, 516–17, 520

Index of Volumes I-VI establishment of, 6:32n.105 on exploration/exploitation, 6:297, 300–301, 304–5 on the Green Book, 1:80, 6:51–52, 6:52n.201 as heterogeneous, 1:69 on the international régime, 6:32–33 on the Legal and Technical Commission, 6:464 on the legal status of the Area, 6:107 on licensing legislation by States, 6:54, 6:54n.206 marine environment protection/preservation deliberations of, 4:80–81, 93, 308 on marine scientific research, 4:492–93, 530–32, 4:532n.3, 4:542–44, 571– 72, 585–86, 605, 4:605n.2, 4:609 on marine technology development/ transfer, 4:673–75, 684–86, 688, 691–93, 697, 703, 707, 713–14 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:744–46 on the parallel system, 6:315, 516–17 on peaceful uses of the seas, 5:153 on plans of work of the Enterprise, 6:42 policies on activities, 6:247 on the preamble, 1:458–59 on preference/priority among applicants, 6:684–85 on preferential treatment for developing States, 6:288 and the Preparatory Commission, 6:57 on production authorizations, 6:691 on production policies, 6:267 on prospecting, 6:660–61 on qualifications of applicants, 6:671–72 regional marine scientific and technological centres, proposals for, 4:724– 26, 731 on reserved areas, 6:698–99 on Resolution II, 6:832, 834–35, 837– 44, 847 on responsibility for damage, 6:753 on the Review Conference, 6:333n.14 on rights/obligations under contracts, transfer of, 6:750 on RSNT, 6:41 on the Secretary-General, 6:488 on the Statute of the Enterprise, 6:759– 60, 767–68, 772–73, 776, 779–80, 783, 810, 812, 818–19 on title to minerals, 6:658–59 on training programs, 6:733 UNCLOS III negotiations affected by, 1:59–60 and UNCTAD, 6:32n.106 and WG.21, 1:93, 97, 6:46, 6:47n.171

375 Group of 77 (UNCLOS III), 1:81–82, 98 Group of Archipelagic States, 1:77–78 Group of Broad-Shelf States (“Margineers”), 1:76, 2:842n.2, 2:853, 868, 1018 Group of Experts, 1:30 Group of Experts on Tax Treaties between Developing and Developed Countries, 6:716 Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP), 2:41, 4:9, 4:53n.1, 4:753 Group of Land-locked and Geographically Disadvantaged States. see LL/ GDS Group Group of Legal Experts on amendment by simplified procedure, 5:268–69 on authentic texts, 5:302–3 on the Convention vs. other conventions and agreements, 5:237–39 on depositary functions, 5:293–95 on dispute settlement, 5:13–14, 119, 6:601, 603–4 documentation of, 5:xv–xvi on entry into force, 5:206–8 establishment of, 5:13 of the First Committee (UNCLOS III), 1:liv on joint ventures, 6:618 on majority requirements, 5:276–77 on the Sea-Bed Disputes Chamber, 5:402–3, 405, 6:616 Group of Legal Experts on Final Clauses (GLE/FC) (see also Informal Plenary) on amendment/revision of the Convention, 5:249–50, 252–66 on denunciation clauses, 5:283–84 on depositary functions of SecretaryGeneral of the United Nations, 5:291 documentation of, 5:xxx establishment of, 1:418, 1:418n.48, 5:173 final provisions examined by, 5:167–68, 173–74 on international organizations, 5:265 negotiating process role of, 1:91–92 on the Preparatory Commission, 5:470–71 on reservations, 5:218–19 working paper on final clauses presented to, 5:236–37 Group of Legal Experts on Settlement of Disputes on Part XI, 1:418, 1:418n.47, 5:409–13, 415 Group of Maritime States, 1:79 Guarantees. see Debt guarantees Guatemala, 6:25, 483, 487, 492, 497 (see also Latin American and Caribbean States; Latin American States)

376 Guidelines and Standards for the Removal of Offshore Installations and Structures on the Continental Shelf and in the Exclusive Economic Zone, 4:225n Guinea, 2:142 Guinea-Bissau, 1:407, 2:142–43, 5:180 Gulf of Aden, 3:367, 4:30 Gulf of Maine case, 2:551, 5:363 Gulf of Mexico, 2:216 Gulfs, 3:352 (see also Enclosed/semi-enclosed seas) Guyana, 6:483, 487, 492, 497 (see also Latin American and Caribbean States; Latin American States) Gwyer, Sir Maurice (of the U.K.), 3:482 Habitats, 1:294 Hague Codification Conference. see Codification Conference Hague Convention No. I (1907), 5:311, 423, 441–42 Hague Convention No. VII (1907), 2:249, 2:249n Haiti, 2:698–99, 738–39 Hall, David, 1:15, 412 Hamburg, 5:337–39 Harassment/frivolous complaints, 5:76– 77, 99 Harbours, 1:211–12, 320, 2:122, 3:552 (see also Ports) Harmful effects of activities in the Area. see Environmental protection; Pollution; Responsibility to ensure compliance and liability for damage Harmful effects or changes, 1:262, 297, 368 Harmful substances (see also Substances) and marine environment preservation/ protection, 4:66, 129–34, 157, 165, 207–13, 384–85 marine scientific research that introduces, consent to, 1:316 measures to minimize release of, 1:294, 298 Harmonization of national laws, 4:12– 14, 64–65, 132–34, 146, 203, 302 Harry, Ralph L. (of Australia), 1:110, 5:7, 92 Harvested species, 2:35 Harvesting capacity of a coastal State, 1:231, 235–37, 335 Hassan, Abdel Magied A. (of Sudan), 1:411 Hazards (see also Damage; Danger; Pollution) to human health, 1:208 to the marine environment, 1:262, 294– 95, 4:69–72 to navigation, 1:311 to a vessel, 1:308

Index of Volumes I-VI Hearings (see also Dispute settlement) of disputes, 1:385–87, 389 for parties to a dispute, 1:331–32, 381, 395 of the Tribunal, 5:388 of witnesses, 1:307–8 Hedberg, H. D., 2:878–79 Hedberg formula, 2:850, 878–79 Henkin, Louis, 6:13n.38 Highly migratory fish stocks (see also Conservation/management of living resources; Draft Agreement on Straddling and Highly Migratory Fish Stocks; Maximum sustainable yield) conservation/management of, 3:38–47, 3:41n.32, 3:286–89, 591–93, 599, 611 in enclosed/semi-enclosed seas, 3:651 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, 3:42–43, 3:288n.14, 3:295, 303, 311, 367 Highly migratory species, 1:233, 345, 2:505–6, 648–58, 995–99 High seas (see also Conservation/management of living resources; Convention on the High Seas (1958); Flag States; Freedom of the high seas; Immunity; Nationality; Safety at sea; Ships; Waters superjacent to the Area) access and routes to and from, 1:210, 220, 223–24, 226–27, 256 as an agenda item for UNCLOS III, 1:34, 89 applicability of provisions re, 3:59–71 vs. archipelagic waters, 3:62–63, 65–66 artificial islands in, 1:244 broadcasting from, unauthorized, 3:231–36, 3:233–35nn.3–5, 236nn.8– 9, 3:616 cables/pipelines in, 1:244, 252–53 conservation/management on, 1:233– 34, 253–54, 262, 3:610–12 Conventions of 1958 vs. 1982, applicability of, 3:29 enforcement jurisdiction over, 3:36–37 exclusive jurisdiction on, 1:245 fishing on, 1:244, 253–54, 263, 3:30, 35–38, 72, 74–79, 83, 609 (see also Convention on Fishing and Conservation of the Living Resources of the High Seas) flag States’ duties on (see Flag States, duties on the high seas) flag States’ jurisdiction on, 3:36 (see also Flag States, duties on the high seas) general provisions, 1:243–53 illicit traffic on, 1:249

Index of Volumes I-VI immunity of ships used only on government noncommercial service, 1:246 immunity of warships, 1:246, 250 incidents of navigation, 1:246–47 vs. internal waters, 3:69 ISNT on, 3:31, 63 items/issues to be addressed, 3:30–31 legal status, 1:219–20, 244 Main Trends Working Paper on, 3:605– 16, 3:605n (see also under Main Trends Working Paper) marine environment preservation/protection provisions re, 4:306 marine scientific research in, 1:244, 320 maritime casualties in, 1:246 vs. maritime régimes generally, 3:27–28 military uses of, 6:149 peaceful purposes in, 1:244, 3:85, 87–92, 6:149, 6:149n.4 piracy on, 1:248–49 régime of, 1:153–54, 6:8–9, 6:9n.21 right of hot pursuit, 1:250–51 right of navigation on, 1:244 right of visit, 1:250 right to fish, 1:253–54 sovereignty over, 1:244, 3:93–97, 3:94n.1, 3:605, 6:100 States’ rights/duties on, 3:605–9 in straits, legal status of, 3:70 vs. territorial seas, 3:61, 69, 6:6, 8–9, 6:9n.21 unauthorized broadcasting on, 1:249–50 use of term, 3:61–68, 3:69n.15, 3:505, 605, 3:605n, 6:69n.2 use of term, and the legal status of the exclusive economic zone, 3:31–33, 3:32n.13, 3:63, 66–68 Historical objects/treasures. see Archaeological/historical objects Historic bays. see Bays, historic Historic title, 1:212, 336 Historic waters, 1:158–60, 2:115, 117– 18, 3:530–31, 551 (see also Bays, historic) Home ports, 1:247, 306, 3:106–7 Honduras, 2:173, 2:269–70n.11, 2:272– 73, 793 Hospital ships, 3:134 Hot pursuit, right of, 3:247–60 (see also Arrest; Detention; and specific offences, such as piracy) in archipelagic waters, 1:250–51, 4:490n areas/conditions for, 2:275, 3:247–58, 3:258n, 3:473–74, 510–11, 614–15 Convention on the High Seas on, 3:250–51, 510–11 ILC on, 3:249–50, 259 in International Ocean Space, 3:251 ISNT on, 3:253–55

377 marine environment preservation/protection provisions for, 4:380 and marine scientific research, 4:436– 37, 4:490n by military aircraft, 3:247–48, 250–51, 254–56, 258–59 against a mother ship vs. smaller vessels, 3:258 against pirate ships, 3:185, 215 release of an arrested ship, 3:248, 251, 254, 259, 510–11, 615 Report of the Second Committee on, 3:473–74 against ships transporting slaves, 3:181 unjustified, compensation for loss/damage from, 3:248, 251, 254, 260, 511, 615 and vessel-source pollution, 4:204 by warships, 3:247, 250–51, 254–56, 258, 510, 615 Hsieh, M. W. (of China), 3:482 Huerta, Fernando Pardo (of Chile), 6:xlvii Humane killing of marine life, 3:529 Human life, protection of, 1:262, 270, 6:200–205, 6:202n.2, 203n, 6:208, 318–19, 323, 325, 329, 348, 882 (see also Safety at sea) Humphrey, Hubert H., 6:13n.35 Hungary, 2:71, 5:93n.6, 214n.4 Hurd, Douglas (of the U.K.), 6:58n.219 Hydrographic surveys, 1:214, 221, 2:176, 349–53 IAEA. see International Atomic Energy Agency IATA (International Air Traffic Association), 2:347 IATTC (Inter-American Tropical Tuna Commission), 2:658, 3:301 ICAO. see International Civil Aviation Organization ICCAT (International Commission for the Conservation of Atlantic Tunas), 2:658 Ice-covered areas, 1:311, 4:392–98 Iceland (see also Group of 11) on the breadth of the territorial sea, 3:484 on coastal States’ right to participate in the exploitation of the exclusive economic zone, 2:772 and the cod war, 2:2, 3:2 on the Enterprise, 6:369 on the exclusive economic zone, 2:548–49 on the Green Book, 6:51–52 marine environment preservation/protection proposals, 4:294–95 on submarine ridges, 2:880n.61 ICES (International Council for the Exploration of the Seas), 4:437

378 ICNT (Informal Composite Negotiating Text) (see also ISNT; RSNT; SNT) on abuse of legal process, 5:77 on accommodation of activities, 6:212, 6:212n, 6:213–14 on activities carried out by the Enterprise, 6:708 on activities in the Area, 2:33, 6:247– 48, 251–52 on advisory opinions, 6:642–43 on aircraft, 2:340, 486 on amendment by simplified procedure, 5:269 amendments to, 3:17, 5:14 on anadromous stocks, 2:676–77 and Annex III, 6:656–57, 659–60, 662– 63, 668–69, 672–73, 678–80, 685, 692–93 Annex IV included in, 5:312 on annexes and other parts of the Convention, 5:287 on applicable law, 6:752 on archaeological/historical objects, 5:159–60, 6:230 on archipelagic States, 2:428–29, 486 on archipelagic waters, 2:461 on the Area, 2:33 on artificial islands, installations and structures, 2:582, 925 on the Assembly, 6:382, 385, 397, 400 on authentic texts, 5:302–3 on the Authority establishment, 6:345–47 financial arrangements, 6:530, 534, 539, 543, 545 legal status, 6:546, 559 organs, 6:368 powers/functions, 6:305–10 privileges/immunities, 6:546, 562, 565, 568, 570, 572, 576–77, 581–83 rules, regulations and procedures, 6:741–42 use of term, 2:33 on baselines, 2:89, 93, 99, 107, 130, 428–29 on the benefit of mankind, 6:132, 138–40 on binding force of decisions, 5:84 on breadth of the territorial sea, 2:81 on cables/pipelines, 2:915, 3:264–65 on charts and geographical coordinates, 2:147, 819, 989 on coastal States, 2:373, 770–71, 793 collegiate approach to, 1:121–24 on the Commission on the Limits of the Continental Shelf, 2:1006, 1013 on compromise on exemptions proposals, 5:123–24

Index of Volumes I-VI on compulsory/binding proceedings/ procedures, 5:98–101, 104, 112–15, 131–33, 137, 144 on conduct of States, 6:116 on conservation/management of living resources, 2:607–8, 3:294 on the contiguous zone, 2:273 on the continental shelf, 2:856, 865–67, 870–72, 925, 964, 974, 978, 989, 1021 on contracts, 6:720–24, 726–28 on the Convention vs. other agreements, 5:240 on cooperation of States bordering enclosed/semi-enclosed seas, 3:363–65 on the Council composition/decision-making of, 6:423–26, 428–30 organs of, 6:462–64 powers/functions of, 6:447–53 creation of, 1:xxvii–xxviii, 121–24, 131–32, 416–17 on criminal jurisdiction in relation to foreign ships or vessels, 2:242 on data transfer, 6:730–31 on delimitation of the continental shelf, 2:964, 974, 978, 1021 on delimitation of the exclusive economic zone, 2:811–13 on developing States’ participation, 6:223 on development of resources, 6:233, 247–48, 251–52 on dispute settlement, 5:13, 76, 362, 6:601, 603–4, 614–18, 6:618n on drilling, 2:928 on the Economic Planning Commission, 6:470–72 emergence of, 1:21 on enclosed/semi-enclosed seas, use of term, 3:351 on enforcement of laws and regulations of coastal States, 2:793 on the Enterprise, 6:506, 517–18, 520 on entry into force of amendments, 5:277 on environmental protection, 6:195 on equitable sharing, 6:132 on the exclusive economic zone, 2:540, 582, 811–13 on exclusive right to explore/exploit, 6:735 on expenses of the Tribunal, 5:373 Explanatory Memorandum re, 1:128–29 on exploration/exploitation of the Area, 6:305–10 on finality of decisions, 5:84 final provisions in, 5:172, 174, 291

Index of Volumes I-VI First Committee issues in, 6:45, 47 on flag States’ responsibility and liability, 2:258 on freedom of the high seas, 3:79–80 on general provisions, 5:149, 154 on geographically disadvantaged States, 2:754, 764 on highly migratory species, 2:656–57, 999 on immunities of warships, 2:263 on incineration, 2:35–36 as an informal document, 1:lii, 2:xxxvi, 3:xxxiv–xxxv, 6:xxxii on innocent passage, 2:155, 161, 173– 74, 194, 196, 226, 461 on interpretation/application of the Convention, 5:xiv issuance of, 3:15 on joint ventures, 6:706–7 on landlocked States, 2:717, 727–28 on landlocked States’ access to and from the sea and transit rights, 3:381–82, 417–18, 426–27, 433, 439, 444, 448, 456–57 on the Legal and Technical Commission, 6:479–81 on the legal status of territorial seas, 2:72 on the legal status of the Area/resources, 6:108–9 on limits of the Area, 6:83 on local remedies, exhaustion of, 5:81 marine environment preservation/protection provisions re activities in the Area, 4:152–53 re activities in the area, 4:230 re adverse consequences from exercise of powers, 4:332–33 re civil proceedings, 4:361 and coastal states’ enforcement obligations, 4:292–94, 297–98 re competent international organizations, 4:16 re damage notification, 4:84–85 re data and information exchange, studies, and programmes, 4:93 re dumping, 4:8, 164–65, 238 effects of activities, assessment of, 4:124 and flag States’ enforcement obligations, 4:255 general provisions language for, 4:39 global and regional cooperation proposals, 4:81 re ice-covered areas, 4:396 re investigation of foreign vessels, 4:339–42 re maritime casualties, 4:308–11, 313 re monetary penalties and rights of the accused, 4:365, 367–69

379 re nondiscrimination against foreign vessels, 4:347 re notification of flag States, 4:374–75 and obligations of conventions, 4:424–25 re Part XII structure, 4:18 re pollution, 4:89, 114, 131–32, 143– 44, 152–53, 191–94, 198–99, 202, 211, 219–20, 225, 318 and port States’ enforcement obligations, 4:269–70 re powers of enforcement, 4:327–28 re preferential treatment for developing states, 4:107 publication of reports, 4:119–20 re responsibility and liability, 4:404, 409–14 revisions to, 4:63 re scientific criteria for regulations, 4:97 re seaworthiness of vessels, 4:276– 77 re sovereign rights, 4:48 re species introduction, 4:75–76 re States’ liability due to enforcement of regulations, 4:380 re straits used for international navigation, 4:386–87 suspension and restrictions on proceedings involving, 4:355, 357–58 re technical assistance to developing countries, 4:103 re technology use, 4:75 re transferring or transforming hazards or pollutants, 4:71–72 re violations proceedings, 4:321–24 on marine mammals, 2:661–62 on marine scientific research, 2:351, 486, 4:434, 6:168–71, 6:170n.7 marine scientific research proposals in re Area-based research, 4:606 re assistance and facilitation for research vessels, 4:600–602 re communication of information, 4:556 conditions to be complied with, 4:548–51 re conduct of research, 4:460 re the continental shelf and exclusive economic zones, 4:510–18 re dispute settlements and interim measures, 4:652–54, 659–60 general criteria and guidelines, 4:560 general provisions re, 4:448 implied consent guidelines, 4:565–66 re information to coastal States, 4:534–35 re installations and equipment, 4:613, 619, 622, 628, 631

380 re international cooperation, 4:469– 70, 476–77 re international organizations, 4:521– 23 non-recognition of, as basis for claims, 4:465 re publication and dissemination of information and knowledge, 4:485–86 re responsibility and liability, 4: 640–42 re rights of landlocked and geographically disadvantaged states, 4:587– 93, 4:590–91n re suspension or cessation of research, 4:574–75, 578 re territorial seas, 4:495 re warning signals, 4:631 re water columns, 4:610–11 marine technology development/transfer provisions basic objectives, 4:687 general provisions, 4:677 re international cooperation, 4:698, 701, 704–5, 708–9, 716–17, 735 measures for achieving, 4:694 re protection of legitimate interests, 4:681 on military/paramilitary activities, 5:136–37 on monopolies, 6:687–88 national and regional marine scientific and technological centres, proposals for, 4:721–22 as a negotiating text, 6:47 NG1’s work incorporated into, 6:74–75 on nuclear-powered ships, 2:219 on nuclear substances, 2:219 on opposite or adjacent coasts, 2:139– 41 order of parts of, 3:21–22 on outer limit of the territorial sea, 2:85 Part XV as basis for final text, 5:12 on payments/contributions from exploitation of continental shelf, 2:941–42, 945 on peaceful purposes, 6:149 on penalties for contractors, 6:747–48 Peru on, 3:21–22 on piracy, 3:200 on policies on activities, 6:247–48, 251–52 on pollution, 2:33–34 (see also ICNT, marine environment preservation/ protection provisions) and the preamble, 1:457–59, 461, 464–65 on preference/priority among applicants, 6:685 on production authorizations, 6:692–93 on production policies, 6:265, 268–73, 276–77

Index of Volumes I-VI on protection of human life, 6:204 on provisional measures, 5:387–88 on qualifications of applicants, 6: 672–73 on ratification and formal confirmation of the Convention, 5:199 on regional marine scientific and technological centres, 4:728–29, 732 rejection of, 1:65 on release of vessels, 5:71 on reservations, 5:215, 221 on reserved areas, 6:699–700 on responsibility for damage, 5:163, 6: 753–54 on responsibility/liability, 2:258, 6: 125–26, 6:126n on the Review Conference, 6:325–26, 332 on review of the international régime, 6:316–17, 6:317n.4 revisions to, generally, 1:67, 124–31, 417–19 on rights/obligations under contracts, transfer of, 6:750–51 on rights of parties to agree on a procedure, 5:145 on rights/privileges of membership, suspension of, 6:592–93 on rights/protection of coastal States, 2:231 on roadsteads, 2:125 on the Sea-Bed Disputes Chamber, 5:408, 411, 6:623, 629, 634–36, 639–40 on sea lanes and traffic separation schemes, 2:211, 474–76 on the Secretariat/Secretary-General, 6:488, 493, 498–99 shall, use of term, 6:84 on ships, 2:340, 486 on special consent in excluded disputes, 5:143 on sponsorship, 6:673–74 on stages of operation, 6:704 on States Parties, 2:34 on States’ rights and freedoms of the high seas, 2:906 on States’ rights/duties in the exclusive economic zone, 2:562–63 on the Statute of the Enterprise, 6:761– 62, 768–70, 773, 775–84, 786–95, 800–801, 805, 811–13, 815, 819–20 on stocks in the exclusive economic zone, 2:644–45 on straits, 2:306, 312–13, 320, 328, 396 structure of, 1:141–42, 1:141–42nn.35–36 on submarines, 2:182 on suspension of contractors’ rights, 6:746–47 on technology transfer, 6:184–87, 673, 678–79

Index of Volumes I-VI and Third Committee reports, 4:xvi– xvii on time limit for detention, 5:69–70 on training programs, 6:733–34 on transfer of rights to exploit living resources, 2:781–82 on the Tribunal, 5:336, 338–39, 358, 377, 396, 402 on tunnelling, 2:992 on utilization of living resources in the exclusive economic zone, 2:631, 633–34 on voting rights, suspension of, 6:588–89 on warships, 2:251 WG.21’s work incorporated into, 6:47–50 ICS. see International Chamber of Shipping ICSPRO (Inter-Secretariat Committee on Scientific Programmes Relating to Oceanography), 4:111n.2 ICSU (International Council of Scientific Unions), 4:437, 4:478n.3 Identification markings, 4:629–31 IFREMER/AFERNOD (France). see Institut Français de recherche pour l’exploitation de la mer/l’Association francaise pour l’étude et la recherch des nodules IGOSS (Integrated Global Ocean Services System), 4:111n.2, 611n.2 IHO. see International Hydrographic Organization ILC. see International Law Commission Illicit drug traffic. see Drug trafficking Labour ILO. see International Organisation IMCO. see Intergovernmental Maritime Consultative Organization Immediately adjacent, use of term, 2:431–32, 2:432nn.19–20 Immigration, 1:214, 219, 222, 229–30, 289, 2:274–75, 3:564 Immunities of the International Seabed Authority. see Privileges and immunities of the International Seabed Authority Immunity (see also Privileges and immunities) of aircraft, 1:223, 312, 4:417–18 of the Authority, 1:288–89 (see also Privileges and immunities of the International Seabed Authority) of government ships, 1:218, 246, 250, 312, 3:472–73, 507 jurisdictional, of States, 3:36–37 of ships on government noncommercial service, 1:218, 246, 250, 312, 3:157–64 sovereign, 1:223, 312 of warships, 3:153–56, 3:155n, 3:607

381 on government noncommercial service, 1:218, 246, 250, 312 IMO. see International Maritime Organization Implementation of awards, 1:397 of decisions relating to activities in Area, 1:281–82, 366, 488–89 of international rules and standards, 1:301–4, 307 of provisions of the Convention, 1:260, 265, 277, 285, 473, 488–89 (see also Agreement (1994)â•›) Implementation Agreement. see Agreement (1994) Implied consent to marine scientific research, 1:318–19, 4:561–68 Imprisonment, 1:238 (see also Arrest) Incidental catch (by-catch), 3:311n.3 Incidental powers, 1:271, 377, 476 Incidents of navigation, 1:246–47, 307, 3:165–69, 3:166n (see also Collisions) Incineration at sea, 2:34n, 2:35–36, 4:164, 170–75, 754–55 Inco (Canada), 6:67n.237 India on artificial islands, installations and structures in the exclusive economic zone, 2:581 on bays, 2:118 on the breadth of the territorial sea, 3:484 on the contiguous zone, 2:269, 2:269n.11 on delimitation of the continental shelf, 2:971 on fishing/fisheries, 5:91n on marine environment preservation/ protection, 4:141 on marine scientific research, 4:563, 4:647n.3 on peace/security/cooperation, 6:113n as a pioneer investor, 6:67, 696–97, 6:696n, 6:823, 841, 845, 847, 849, 6:849n.29 on uses of the seabed, 6:24–25 Indian Ocean, 2:215, 884 Indian Ocean Fishery Commission (IOFC), 2:658 Indigenous people. see Developing States Individuals right to use international procedures, 5:61, 68 in the UNCLOS III negotiating process, 1:55–56, 61–66 Indonesia on archipelagic sea lanes, 2:440–41 on archipelagic States, 2:400, 414, 426, 428, 451

382 in Assembly working group on the rules of procedure, 6:384 on baselines, 2:426, 428 in the Boat Paper group, 6:60n.223 discussions/agreements/deals re UNCLOS III issues, 1:58 on innocent passage, 2:460 on marine scientific research, 4:501 on production policies, 6:241 on the right of hot pursuit, 3:255–56 on sea lanes, 2:470–71, 474–75 Indo-Pacific Fishery Commission (IPFC), 2:658 Indo-Pacific Tuna Development and Management Programme (IPTP), 2:658 Industrialized States (see also Group of 10) on Annex III, 6:657, 661–63 on the Assembly, 6:372–73, 396, 398–400 on the Authority, 6:310 on the benefit of mankind, 6:142 on conduct of States, 6:116 on contracts, 6:657, 6:723n.74, 6:726, 6:726n, 6:727 Convention rejected by, 6:3–4 (see also Agreement (1994)â•›) on the Council, 6:404 on data transfer, 6:662–63 on exploration/exploitation, 6:301n.6 in the international régime, 6:31–33 marine technology development/transfer, duties regarding, 4:669, 681 mining investments protected by, 6:53 on the moratorium resolution, 6: 25–26n.90 on NIEO, 6:32n.106 on plans of work, 6:684 on preferential treatment for developing States, 6:290 on production policies, 6:278 on prospecting, 6:661 on Resolution II, 6:832, 834–35, 837, 839–40, 843–44 on resources as common heritage of mankind, 6:53 on the Review Conference, 6:331–33 on the Statute of the Enterprise, 6:760– 61, 765, 768, 770, 812 Industrial secrets, 1:281, 285, 288 Informal Composite Negotiating Text. see ICNT Informal Consultations (SecretaryGeneral), 6:57–63, 6:58–60nn. 219–224 Informal documents, 2:xxxvii–xl, 3:xxxv–xxxviii, xli, 5:xxix–xxxii, 6:xxxiii–xxxvi on aircraft, 2:333–34, 385, 481–82 on air space, 2:66, 438

Index of Volumes I-VI on anadromous stocks, 2:667 on archipelagic States, 2:408, 418, 448, 465, 481–82 on archipelagic waters, 2:438, 456 on artificial islands, 2:572–73, 919 on baselines, 2:88, 96–97, 129, 418 on bays, 2:114–15 on cables/pipelines, 2:909 on catadromous stocks, 2:681 on charges levied on foreign ships, 2:235 on charts and geographical coordinates, 2:145, 817, 987 on civil jurisdiction in relation to foreign ships or vessels, 2:245 on coastal States, 2:368–69, 481–82, 523–25, 768–69, 785–86 on coastal States’ rights, 2:229, 892–93 on the Commission on the Limits of the Continental Shelf, 2:1002 on conservation/management of living resources, 2:596 on the contiguous zone, 2:267, 434 on the continental shelf, 2:434, 839–41, 909, 919, 949–52, 987, 1020 on criminal jurisdiction in relation to foreign ships or vessels, 2:239 on the exclusive economic zone, 2:434, 512–14, 523–25, 546–47, 554–55, 566–67, 572–73, 797–800 on geographically disadvantaged States, 2:734–37 on highly migratory species, 2:649, 996 on immunities of warships, 2:261 on innocent passage, 2:152, 165–66, 185–86, 222, 391, 456 on installations, 2:572–73, 919 on internal waters, 2:105, 443 on landlocked States, 2:693–95 on low-tide elevations, 2:127 on marine mammals, 2:659–60 on marine scientific research, 2:349–50, 481–82 on mouths of rivers, 2:110 on noncompliance of warships with coastal State laws and regulations, 2:254 on nuclear-powered ships, 2:217 on nuclear substances, 2:217 on opposite or adjacent coasts, 2:133– 34, 797–800 on payments/contributions from exploitation of the continental shelf, 2:931 on ports, 2:121 on reefs, 2:91 on responsibility and liability of flag States, 2:256–57 on roadsteads, 2:124 on the seabed/ocean floor/subsoil, 2:66, 438 on sea lanes, 2:205, 355–56, 465

Index of Volumes I-VI on ships, 2:333–34, 481–82 on States’ rights and freedoms of the high seas, 2:901 on States’ rights/duties in the exclusive economic zone, 2:554–55 on stocks in the exclusive economic zone, 2:640 on straits, 2:295, 302, 309–10, 317, 322, 355–56, 380, 391 on structures, 2:572–73, 919 on submarines, 2:180 on territorial seas, 2:66, 76–77, 84, 434 on traffic separation schemes, 2:205, 355–56 on transfer of rights to exploit living resources, 2:774–75 on tunnelling, 2:991 on use of terms and scope, 2:28–29 on utilization of living resources in the exclusive economic zone, 2:615 on warships, 2:249 Informal Group of Juridical Experts. see Evensen Group Informal Plenary (UNCLOS III) on amendments, 5:248–49, 262–63, 269, 273, 277, 418 on application of optional exceptions, 5:113–14 on arbitral tribunals, 5:430, 433, 436 on archaeological/historical objects, 5:159 on the Authority, 5:472–74 committees forming, 1:xxvi–xxvii on conciliation procedures, 5:316–17, 320, 323 on the Convention vs. other agreements, 5:233–42 re delimitation criteria, 5:122–27 on denunciation clauses, 5:281–82, 284 on depositary functions, 5:295 dispute settlement topics examined by, 5:xiii documentation of, 1:liv, 5:xiii, xxviii– xxix, xxx Drafting Committee’s recommendations considered by, 1:146 on entry into force, 5:205–6, 277 establishment of, 1:456n.17, 5:172 examination of draft proposals, 5:11–12 on the Final Act, 5:xxx on final clauses/provisions, 5:xxx, 172–74 on general provisions, 5:xxx, 149, 151 on good faith and abuse of rights, 5:151 Group of Legal Experts on the Final Clauses, 1:91–92 on interpretation/application of the Convention, 5:xiv on limitations to compulsory/binding proceedings, 5:96–97, 104–5

383 as Main Committee for dispute settlement, 5:172 marine technology development/transfer proposals, 4:687 meetings of, 1:91–92 negotiating groups’ recommendations considered by, 5:13 on participation clause of final provisions, 5:188 and the preamble, 1:455–56, 1:456n.18, 1:458, 461, 466, 5:172 on the Preparatory Commission, 5:xxx, 207–8, 6:56 reports of, 5:xxxiii–xxxiv on reservations to the Convention, 5:215–16, 219–20 re revisions to Part XV, 5:14 on signature, ratification of, accession to and authentic texts of amendments, 5:273 on the Tribunal, 5:265, 472–74 Informal Single Negotiating Text. see ISNT Informal Working Group on the Settlement of Disputes on arbitral tribunals, 5:431–32, 435–36 on exemptions to procedures, 5:109–10, 116–17 and the preamble, 1:466, 1:466n on special arbitration, 5:442–43 Information. see Confidential data/information; Data; Disclosure, of information; Scientific information/knowledge Information Notes (Secretary-General’s Informal Consultations), 6:58n.221, 6:60–61, 6:60nn.223–24 INMARSAT (International Maritime Satellite Organization), 3:150, 3:176n.11 Innocent passage (see also Foreign ships or vessels) of aircraft, 2:175, 342–43, 406 in air space, 2:156–57 and archipelagic States, 1:226, 2:200, 404–5 in archipelagic waters, 1:226, 2:82, 405–6, 455–62, 3:81, 626–29 arrest/investigation in the territorial sea, 3:470–72, 500–501, 560–61 charges levied for, 1:216, 3:470, 500, 560 Charter of the United Nations on, 2:174–75, 227 coastal State laws, regulations and duties regarding, 1:214–16, 300, 2:176, 184–203, 221–27 and coastal States due publicity to, 1:300, 3:557 laws/regulations re, 2:176, 184–203, 372, 377, 3:556–58 protection re, 2:176, 228–33

384 rights/duties re, 1:215–16, 2:176, 221–27, 3:499–501, 556–59 continuous/expeditious, 3:556 Convention on the Territorial Sea and the Contiguous Zone on, 2:53–54, 152–53, 159–60, 162, 167–68, 174, 222–24, 226–27, 283–84, 392 Fiji on, 2:160–61, 167–69, 187, 189– 90, 223–24, 386–87 in internal waters, 1:210–11, 216, 300, 2:107–8 laws and regulations on, 1:214–15, 300 Main Trends Working Paper on, 2:54 and marine environment protection/ preservation, 4:64, 181–206 and marine scientific research, 4:461, 492, 495 and noxious substances, 1:215 and outer limits, 2:86 passage, use of term, 2:158–63, 3:468, 499, 555 and peaceful uses of the seas, 5:153–54 of persons and merchandise on board, 3:470 and port State jurisdiction, 4:203 as prejudicial to the peace/good order/ security of a coastal State, 3:555–56 and sea lanes/traffic separation, 1:215, 2:209 Second Committee on, 2:55 of ships, generally, 2:342–43 in straits, 1:9–10, 24, 33, 88, 223, 2:282, 284–86, 292, 382–83, 390–96, 3:565–66 of submarines, 1:214 suspension of, 1:216, 223, 226 in territorial seas, 2:44 coastal States’ duties/rights re, 1:215–16, 3:499–501, 556–59 and coastal States’ sovereignty, 1:300, 3:81 Convention on, 1:24, 2:51–55 Convention on the Territorial Sea and the Contiguous Zone on, 2:51–55 and criminal jurisdiction, 3:500–501, 560 and freedom of navigation, 3:81n.15 of government ships, 3:501–2, 561–62 laws/regulations re, 1:214–15 Main Trends Working Paper on, 2:154, 3:554–62 of merchant ships, 3:500–501, 560–61 and navigation safety, 1:215 of nuclear-powered ships, 1:215 Second Committee on, 3:461, 468–74 of ships, generally, 2:151–57, 3:554– 59 of ships with special characteristics, 3:559

Index of Volumes I-VI use of term, 1:213–14 vs. transit passage through straits, 1:77 use of term, 1:213–14, 2:38, 164–78 and vessel-source pollution, 4:203–4 and warships, 2:155, 162–63, 175, 196, 2:197n.11, 2:203, 3:474, 502, 561–62 INPFO (International North Pacific Fisheries Organization), 3:301 Inspection (see also Boarding; Investigation) of archives, public, 1:288 by the Authority, 1:269, 366 by the Council, 1:280, 283 of fishing vessels, 3:653, 656 of installations, 6:293, 308, 310, 312 by port States, 3:656 of ships or vessels certificates/records examined during, 3:108 coastal States’ obligations/rights re, 1:238, 4:284–85, 300–301 flag States’ obligations/rights re, 1:304, 309–10, 4:247 for violations, 1:306, 3:601 use of term, 2:794 Inspectors, 6:438, 451, 479, 483–84 Installations (see also Artificial islands; Structures) and accommodation of activities, 6:206, 209–15 for activities in Area, 1:263, 269, 299 as an agenda item for UNCLOS III, 1:90 baseline determinations of, 1:210, 224 coastal State, 1:214 construction of, 3:76–79, 83, 631–32 on the continental shelf, 1:241–42, 316, 2:835, 918–26, 3:572–74, 632–33 damage to, inquiries into, 1:246 design of, 1:294 due notice of location of, 1:230, 263 equipment on, 1:208, 294 in the exclusive economic zone, 1:228– 30, 241, 316, 2:542–43, 570–88, 3:579–81, 583, 633 and freedom of navigation, 3:76–79, 83, 633 harmful effects of, 6:197 (see also Environmental protection) in high seas, 1:244, 246, 249–50 identification markers/warning signals on, 1:321 identification markings on, 4:629–31 inspection of, 6:293, 308, 310, 312 vs. islands, 3:327, 3:327n.3, 3:522, 6:206, 210, 212–15, 6:212n legal status of, 1:230, 242, 263, 321, 4:620–22 Main Trends Working Paper on, 3:579– 81, 583, 631–34, 3:631n for marine scientific research, 1:316– 18, 321, 4:459–60, 612–31

Index of Volumes I-VI notice of construction of, 3:522 notification re, 6:209–11, 213–14 off-shore, 1:212 for peaceful purposes, 6:149n.5, 6:206, 210, 212–13 pollution from, 1:262, 294, 298–99, 302–3, 4:222–26, 6:197, 215 and protection of human life, 6:201–2, 204–5 removal of, 1:230, 263, 2:589–93, 4:225n safety zones around, 1:230, 251, 263, 321, 3:522, 633–34, 4:623–25, 6:206, 209, 212–14, 6:212n Sea-Bed Committee on, 2:574, 920–21 and shipping routes, 1:321 use of term, 2:36, 575, 3:151n.30, 3:574, 4:67, 6:214 Institute of International Law, 2:399 Institut Français de recherche pour l’exploitation de la mer/l’Association francaise pour l’étude et la recherch des nodules (IFREMER/AFERNOD; France), 6:67, 696–97, 6:696n, 697n.48 Institutional arrangements, 6:45, 439, 465–66, 532, 541 Institution of proceedings. see Proceedings Insurance, and marine environment preservation/protection, 1:312, 4:291, 402–4, 414 Integrated Global Ocean Services System (IGOSS), 4:111n.2, 611n.2 Intellectual property rights, 6:189 Inter-American Specialized Conference on Conservation of Natural Resources (1956), 2:828 Inter-American Tropical Tuna Commission (IATTC), 2:658, 3:301 Interest-bearing loans to the Enterprise, 1:376 (see also Loans) Interest-free loans to the Enterprise, 1:375–76 Interest groups (see also Nongovernmental organizations; and specific groups) and the Council, 6:373, 432 emergence of, 1:69–70 for landlocked and shelf-locked States, 6:219 new, 1:70–81 overview of, 1:68–69 traditional, 1:70, 81–85 in UNCLOS III negotiations, usefulness of, 1:31, 54–55, 85–86 variety of, 1:20–21 Interests (see also Due regard; Legitimate interests) conflict of, 1:371 economic, 1:210

385 national, and the negotiating process of UNCLOS III, 1:42–44 navigational, 1:217 and needs of developing States, 1:207, 242, 260, 269–70, 274, 279, 325 related, 1:260–61, 300, 302, 306–7, 4:206 rights and legitimate interests of coastal States, 1:224, 229, 231, 244, 253, 256, 260–61, 270, 323, 325–26 security, 1:337–38 separate, 1:380, 395, 399 special, 1:207, 263, 273, 275, 278, 280, 485, 490 Interference. see Activities in the Area, accommodation of; Freedom of the high seas; Freedom of the seas; Navigation, freedom of Inter-Governmental Conference on the Dumping of Wastes at Sea, 4:80, 158 Intergovernmental Maritime Consultative Organization (IMCO; UNESCO), 4:389, 6:203n (see also International Maritime Organization) Intergovernmental Oceanographic Commission (IOC; UNESCO), 6:15 Commission of the Limits of the Continental Shelf’s cooperation with, 1:346 and the Commission on the Limits of the Continental Shelf, 2:1001, 1011, 1015–16 establishment of, 3:366 experts list maintained by, 1:397–98, 5:42, 446 on international cooperation in marine exploitation, 6:14–15 on maps, implications of preparing, 2:884 on marine environment preservation/ protection, 4:111n.2 data and information exchange, studies, and programmes, 4:91–92 and marine scientific research, 4:437, 449, 4:482n, 4:486–87, 560, 4:560n, 4:596, 4:613n, 4:656 marine technology and, international cooperation involving, 4:736–37 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:742–43, 747 on pollution of the marine environment, 2:41, 4:753–54 Intergovernmental organizations, 1:405, 408, 439–40, 5:63, 184, 190 Intergovernmental Working Group on Marine Pollution (IWGMP) on activities in the area, 4:150, 228 on data and information exchange, studies, and programmes, 4:91–92 on dumping, 4:158

386 on flag States’ enforcement obligations, 4:242–43 on marine environment protection/preservation, generally, 4:37, 55 on marine pollution, use of term, 2:41 on maritime casualties, 4:306 on pollution, 4:112, 138, 150, 183 publication of reports, 4:117 on responsibility and liability, 4:401 on scientific criteria for regulations, 4:95n on technical assistance to developing states, 4:100 Interim measures and dispute settlement, 4:643–56, 4:647–48n.3, 4:657– 61 Interim period Authority’s actions after, 1:353–54 Authority’s powers/functions during, 5:473–74, 6:337–38 duration of, 1:266, 6:257, 266, 268–72 production ceiling/limits during, 1:266– 67, 6:246, 257–58, 266, 268–72, 276 production of mineral resources from the Area during, 1:265–66 Internal waters archaeological/historical objects in, 6:230 of archipelagic States, 1:225 and baselines, 2:82, 104–8, 405, 3:497 delimitation of, 1:211, 219, 225, 2:443–46 entry into or exit from, 1:213, 216–18 hot pursuit in, 1:250–51 innocent passage in, 1:210–11, 216, 300, 2:107–8 and marine environment protection/ preservation, 4:43, 131–34, 144–45, 270, 365 marine scientific research in, 4:490–95 non-application of Part VII to, 1:243–44 pollution in, 1:300, 304–5 régime of, 1:210–11, 2:102 sovereignty over, 1:209 use of term, 1:210, 2:38, 44, 73, 105, 4:43 International adjudication. see specific courts International agreements. see Agreement; Arrangements; International law; and specific conventions and treaties International Air Services Transit Agreement (1944), 2:156 International Air Traffic Association (IATA), 2:347 International Atomic Energy Agency (IAEA) Agreement on the Privileges and Immunities of the International Atomic Energy Agency, 6:548

Index of Volumes I-VI Conference observers from, 1:405, 5:180 on marine environment preservation/ protection, 4:15–16, 54, 157–58, 166 and marine scientific research, 4:437, 449 radio-active waste control by, 3:528 ships flying the flag of, 1:245, 3:128–34 Statute (1956) of, 6:488n.1, 499n.1 UNCLOS III participation by, 1:407 International Bureau of Weights and Measures, 2:44, 4:757, 4:757–58n.12 International Chamber of Shipping (ICS), 2:171, 173, 2:194n, 2:211, 2:211n.2, 2:283, 360 International Civil Aviation Organization (ICAO) on aircraft, use of term, 2:175 on aircraft safety measures, 1:221 on air space over archipelagic waters, 2:478–80 and the Convention on International Civil Aviation, 5:287 on innocent passage in air space, 2:156–57 on laws and regulations on aircraft, 2:335, 340, 344, 346–47 on legal status of air space over the exclusive economic zone, 3:82 on legal status of straits, 2:320 and marine environment preservation/ protection, 4:16, 167–68, 212, 4:329n.8 and marine scientific research, 4:625, 631 on safety systems, 3:176n.11 on States, 2:81 International Code of Conduct for Responsible Fishing, 3:49 International Code of Conduct on the Transfer of Technology, 6:181–82 International Commission for the Conservation of Atlantic Tunas (ICCAT), 2:658 International Commission on Radiological Protection, 3:527 International Committee of the Red Cross, 3:134 International Conference on Marine Pollution (1973), 4:21, 181–82 International Conference on Responsible Fishing, 3:48 International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988), 3:188n, 3:193 International Convention for Safe Containers (1972), 3:148 International Convention for the Prevention of Pollution from Ships

Index of Volumes I-VI (1973). see Convention for the Prevention of Pollution from Ships International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL), 4:5, 7–8, 23, 137, 182, 417–18 International Convention for the Safety of Fishing Vessels (1977), 4:20n.29 International Convention for the Safety of Life at Sea (1948), 3:172 International Convention for the Safety of Life at Sea (SOLAS; 1974), 2:220, 3:148, 173, 3:175n.10, 6:204 International Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea (1910), 3:176 International Convention for the Unification of Certain Rules relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation (1952), 3:166, 3:166n International Convention for the Unification of Certain Rules relating to the Carriage of Passengers by Sea (1961), 3:148 International Convention for the Unification of Certain Rules Relating to the Immunity of State-owned Vessels (1926), 2:264 International Convention for the Unification of Certain Rules relating to the Immunity of State-owned Vessels (1926), 3:162 International Convention on Civil Liability for Oil Pollution Damage (1969), 4:7, 24 International Convention on International Standards of Training, Certification and Watchkeeping for Seafarers (1978), 4:20n.29 International Convention on Load Lines (1966), 3:148 International Convention on Maritime Search and Rescue (1979), 3:148, 176, 4:20n.29 International Convention on Salvage (1989), 3:148, 176, 3:176n.11, 4:27 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971), 4:7, 24 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (Intervention Convention; 1969), 3:126, 4:7, 24, 182, 206, 305–7, 313– 14, 6:159, 6:159n.6 International cooperation Assembly’s promotion of, 6:388

387 and the Authority’s objectives, 1:325–26 in coordinating programmes, 1:325, 4:702–5 on favourable conditions, 1:314 guidelines, criteria and standards for, 1:325 on marine environment protection/preservation, 4:112–13, 230 on marine scientific research, 4:466–87 re communication of information, 4:554–57 on the exclusive economic zone and the continental shelf, 4:496–519 favourable conditions for, creation of, 4:473–78 on information to coastal States, 4:526–36 on international organizations projects, 4:520–25 overview of, 4:431 programmes for, 1:324–25, 4:702–5, 741–42, 6:160, 164–70 promotion of, 1:261, 314, 4:466–72, 6:160, 168–72 publication and dissemination of information and knowledge, 4:479–87, 6:160, 164–72 in territorial seas, 4:491–95 policies on, 6:245, 248–49, 251, 253–54 promotion of, 1:314 in publishing/disseminating information, 1:314–15 on technology development/transfer, 1:261–62, 323–26, 486, 6:178–79, 6:178n.6, 6:182, 187, 189 marine, 4:666, 685–86, 696–718 ways and means of, 1:324–25 International Council for the Exploration of the Seas (ICES), 4:437 International Council of Scientific Unions (ICSU), 4:437, 4:478n.3 International Court of Justice (see also Arbitral tribunal; Continental Shelf case; Court or tribunal; North Sea Continental Shelf cases; Statute of the International Court of Justice; Tribunal) access to, 5:61 ad hoc chambers of, 5:13 advisory opinions of, 6:642, 644 as an alternative forum, 5:7, 9–10, 26–27 on baselines, 2:61, 97, 100–102, 117–18 binding force of decisions by, 5:83–84 Canada on, 6:642 and the Charter of the United Nations, 6:512n on coasts, 2:100, 2:100n.6

388 competence to deal with certain cases, 6:500 on conservation of living resources, States’ obligations re, 3:37–38 on the continental shelf, 2:493, 813–14, 2:814n.23, 827n.6, 2:829, 2:843n on the continental shelf between opposite or adjacent coasts, delimitation of, 2:952–54, 981–83 Continental Shelf case, 2:137n.7, 3:352 on the Declaration on the Granting of Independence to Colonial Countries and Peoples, 5:183 and disclosure of information, 5:157 dispute settlement by, 1:402, 6:602 dispute settlement re Convention interpretation/application, 1:330 on entry into force of the Convention, 5:211 on the exclusive economic zone, 2:551, 2:800n.2, 2:807, 813–14, 2:827n.6 Fisheries Jurisdiction cases, 1:454–55, 2:2, 3:2, 300, 302 on fishing and fishing activities, 2:610n.23 as a forum for interpretation/application disputes, 5:40–41 influence of, 2:280n.5 on international law’s basis, 2:952n.2 jurisdiction of, 5:116n.3 on justice and equity, 5:18n on marine environment protection/preservation disputes, 4:19–20, 425 marine environment protection/preservation proposals considered by, 4:317 on marine scientific research, 4:660 membership requirements of, 5:347–50 on opposite or adjacent coasts, 2:141– 42, 807 on provisional status of States, 5:194 on ratification of the Convention/treaties, 5:199–200 on right of transit passage in straits, 2:279n.1, 2:280–82, 2:280n.5 States parties to, 5:180 on straits, 2:304, 317 vs. the Tribunal, 6:638–40 International Covenant on Civil and Political Rights (1966), 3:186, 4:370, 5:20–21n International Development Strategy for the Third United Nations Development Decade, 3:110 International economic order, 1:207, 462, 6:32n.105 International Extraordinary Hydrographic Conference (1929), 2:44n.26, 2:88, 4:757n.12 International Frequency Registration Board, 3:235

Index of Volumes I-VI International Hydrographic Organization (IHO), 1:346, 2:874, 876, 880, 1001, 1011, 1015, 3:176n.11, 4:437, 742–43 International insurance schemes, 4:291 International Labour Organization (ILO), 3:120–21, 147–48, 3:147n.13, 4:16, 6:204, 6:499n.1 International law and abuse of rights, 5:152 accordance with, 1:311 agreement on the basis of, 1:238, 242 and the Area, 1:262, 6:28 codification of, 1:lviii–lix, lxi, 462–64, 2:53 compatibility of rules of, 1:229, 333– 34, 369 Convention and/or other rules of, 1:209, 213–14, 218–19, 229, 244, 259, 333– 34, 369 customary/traditional, 1:1, 38–39, 307, 462–63, 2:39 and developing States’ needs/interests, 1:38–39, 1:38n general, 1:207 implementation of existing, 1:312 International Court of Justice on the basis of, 2:952n.2 interrelatedness of aspects of, 1:37–38 re local remedies, exhaustion of, 5:81 for marine environment protection/ preservation re atmospheric pollution, 4:209 harmonization with national law on, 4:14 and investigation of foreign vessels, 4:343 re maritime casualties, 4:312–13 negotiations re, 4:3 predominance of, in provisions for, 4:20–21 re responsibility and liability, 4:399–415 States Parties in relation to, 4:67 re violations proceedings, 4:322–23 and marine scientific research, 4:637–38 in marine scientific research proposals, 4:471–72 need to update, 1:38 new concepts embodied in Annex IX, 5:193 obligations, rights or duties under, 1:307–8, 333, 343 prejudice to rules of, 1:259, 307, 338 principles of, 1:207, 213–14, 221, 259, 337 progressive development of, 1:274, 312, 2:39 re protection of human life in Area, 1:262

Index of Volumes I-VI pursuant to, 1:307–8 responsibility and liability under, 1:338 re settlement of disputes, 1:333 sovereignty over territorial sea and limits imposed by, 2:73 and States’ rights/duties in the exclusive economic zone, 2:565 use of term, 6:117 International Law Association, 2:399, 413, 6:232n International Law Commission (ILC), 6:7–10, 6:9n.21, 35n.118 on amendment/revision, use of terms, 5:247 on archipelagic waters, 2:438–39 on articles, use of term, 2:37, 156, 4:751 on assistance, duty to render, 3:172 on baselines, 2:88, 92, 97, 99 on bays, 2:117–19 on breadth of the territorial sea, 2:77–78 on cables/pipelines, 2:909–11, 3:82, 269–70, 3:270n.7 on charts and geographical coordinates, 2:145, 987 on classical codification procedures, 1:lviii–lix, 462–64 on coastal States’ rights over the continental shelf, 2:893, 895–98 Commentary as interpretive material for UNCLOS III, 3:20 on common law terminology, 2:795n.5 on conservation/management of living resources, 3:281, 3:291n.2 on the contiguous zone, 2:54, 274 on the continental shelf, 2:828, 873, 2:873n.52, 2:909–11, 953, 987 on the Convention vs. other conventions/international agreements, 5:231 on criminal jurisdiction in relation to foreign ships or vessels, 2:239–40 on delimitation of continental shelf between opposite or adjacent coasts, 2:953 on denunciation clauses, 5:170–71, 280–81 draft Convention prepared by, 1:30–31 draft treaties prepared by, 1:47 on the exclusive economic zone, 2:541–42 on fishing rights on the high seas, 3:286 on freedom of the high seas, 3:74– 75n.4, 3:75, 85 and General Assembly resolutions (see General Assembly resolutions) on good faith, 5:194–95 on hot pursuit, right of, 3:249–50, 259 on immunities of warships, 2:261, 264–65 on immunity of ships on government noncommercial service, 3:162–63

389 on innocent passage, 2:152–53, 155, 2:163n.4, 2:166, 172, 186–87, 392 on internal waters, 2:105 on international responsibility and liability, 5:163–64 on international watercourses, 2:42n.20 on islands, régime of, 3:321, 326–27 on jurisdictional immunities of States and their property, 3:36–37 on low-tide elevations, 2:127–28 on low-water line, 2:89 marine environment protection/preservation efforts draft article 48 on, 4:5–6 re dumping, 4:158n.1 ecosystem, use of term, 4:68 re pollution, 4:132n, 4:137, 209 re responsibility and liability, 4:413 re sovereign immunity, 4:421 and the Vienna Convention on the Law of Treaties (1986), 4:16–17 on marine scientific research, 4:429–30 marine scientific research, duties regarding, 4:440, 501, 637–38 Model Rules of Arbitral Procedure, 5:421–22 on the most-favoured-nation clause, 3:427–28, 3:427n on the nationality of ships, 3:106–7 on opposite or adjacent coasts, 2:134–35 on the order of Parts in draft articles, 2:20–22, 3:20–21 on outer limits, 2:84–85 on penal jurisdiction in matters of collision or navigation incident, 3:166–67 on piracy, 3:197–98, 200–201, 204, 207–8, 210–11, 213, 218, 221, 223 preambles by, 1:452–53 on reefs, 2:92 reservations about, 1:50 on reservations to treaties, 5:214 on responsibility and liability, 5:149 on right of transit passage in straits, 2:281 on the right of visit, 3:239 on roadsteads, 2:125 on ships, status of, 3:123–24 on ships, use of term, 2:46 on slaves, transport of, 3:179–80 on sovereignty, 2:72–73 Statute of, 5:341 on straits, 2:392 on submarines, 2:182 on territorial seas, 2:57 on territorial waters, 2:56 on travaux préparatoires, 1:147–48 UNCLOS I’s tribute to, 3:532 UNCLOS III preparatory work as not utilizing, 1:46–52

390 on the United Nations’ right to sail ships, 3:129–30, 134 on use of terms and scope, 2:29–30, 2:30n on warships, 2:249–50 International Legal Conference on Marine Pollution Damage (1969), 4:305 International machinery, 6:28–29, 34, 36–37, 65 (see also Authority; Authority, establishment of) International Maritime Consultative Organization (IMCO), 3:140, 145–46, 150, 6:203n (see also International Maritime Organization) International Maritime Court, 3:167 International Maritime Law Institute, 4:688 International Maritime Organization (IMO; formerly Inter-Governmental Maritime Consultative Organization) on aircraft, 2:336 amendment procedure of, 6:203n on artificial islands, installations and structures, 2:585–86, 2:586n.14, 2:589–93 on assistance, duty to render, 3:175, 3:176n.11 and coastal States, 2:378 Convention (1948) on, 6:204 dispute settlement by, 5:26 on the exclusive economic zone, 2:585– 86, 2:586n.14, 2:589–93 experts list maintained by, 1:397–98, 5:42 financial assistance provided by, 3:121 on flag States’ jurisdiction, 3:140 on foreign ships, design, construction, manning or equipment of, 2:202 historical background for, 4:15n.16 on innocent passage, 2:203, 226–27 International Maritime Law Institute, 4:688 International Maritime Satellite Organization established by, 3:150 marine environment preservation/protection initiatives of re adverse consequences from exercise of powers, 4:333 and coastal States’ enforcement obligations, 4:282 as a competent international organization, 4:15–16, 4:15n.17 re data and information exchange, studies, and programmes, 4:91–92 re dispute settlement, 4:42 re dumping, 4:159, 166 and flag states’ enforcement obligations, 4:245–46, 255–57

Index of Volumes I-VI re investigation of foreign vessels, 4:344 re notification of flag States, 4:376 and obligations of conventions, 4:426 re pollution, 4:54, 181–82, 4:184n.8, 4:185–87, 200–204, 225 re power of enforcement, 4:329n.8 provisions for, 4:20–21, 37 re responsibility and liability, 4:414 terminology adopted by, 4:17 re vessel documentation, 4:343n.6 re violations proceedings, 4:324 and marine scientific research, 4:613n, 4:625 Maritime Safety Committee, 4:225 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:742–43 on the nautical mile, 2:44 on nuclear-powered ships, 2:220 on nuclear substances, 2:220 on pollution, 2:585–86, 2:586n.14, 3:150 on publicity of danger to aircraft, 2:388–89 regional organizations established by, 3:366 on registers of shipping, 3:145–46 on safety, 3:150, 573, 4:628n, 4:631 on sea lanes, 2:205, 212, 363 on ships, 2:46, 336 and supplemental law, need for, 6:204 technical assistance provided by, 3:121 on territorial seas, 2:81–82 on terrorism, 3:186–87 on traffic separation schemes, 2:205, 214–16, 363–64 on vessels, 2:46 World Maritime University, 4:688 International Maritime Satellite Organization (INMARSAT), 3:150, 3:176n.11 International navigation, 1:215, 226–27, 230, 263, 4:382–91, 461 (see also Navigation; Straits) International North Pacific Fisheries Organization (INPFO), 3:301 International Oceanic Commission to the Second Committee, 2:860 International ocean space, use of term, 3:61 International organizations (see also Competent international organizations; Declarations/statements/notifications; Diplomatic conference; Entities; Marine scientific research; Regional organizations) amendments proposed by, 5:191 applicability of Part XVII to, 5:463–64 application of the Agreement as States Parties, 1:476 appropriate, 1:233, 261, 335, 399

Index of Volumes I-VI conservation/management of living resources by, 1:230–31, 233, 238, 254 cooperation among, 1:328, 4:734–37, 6:501–5, 6:504n.7 cooperation of with the Authority, 1:261, 268, 278, 281, 285, 363–64, 424, 4:706–11 with coastal States, 1:230–31 with States, 1:255 declarations, notifications and communications by, 5:460–61 declarations/statements/notifications by, 1:400–402 denunciation of the Convention by, 1:403, 5:191, 284, 463–64 development and transfer of marine technology by, 1:323–27 and entry into force of amendments, 5:277–78 exchange of information through, 1:231, 254, 296 formal confirmation by, 1:339, 400– 403, 474–75, 5:457 international personality/rights of, 5:61 legal personality of, 6:523–24 living resources management by, 1:230–31, 233, 238, 254 marine environment preservation/protection by, 1:295–304, 306–8, 334, 4:15–17, 107, 4:184–85n.8 marine scientific research by, 4:520–36, 617 marine technology development/transfer, obligations re, 4:697–98, 706–11 obligations under the Convention, 1:400–402 observer status of, 6:504–5 participation by, 1:400–401, 5:190–93 participation in the Convention by, 5:190–93, 202, 265, 455–64, 5:459–60n.6 recommendations by, 1:215, 230 referral of proposals or reporting to, 1:222, 227, 297, 335, 344 responsibility and liability of, 1:259– 60, 322, 402, 5:461–62 rights/duties of, 5:187–88 rights/obligations of, 5:457–60 right to use international procedures, 5:61 settlement of disputes by, 1:322, 394– 95, 402, 5:462–63 ships flying the flag of, 2:36, 3:128–34, 3:133n.10 signature of the Agreement by, 1:474 signature of the Convention by, 1:339, 400, 5:177, 190, 456–57 States Parties as members of, 5:265–66, 272 technical or financial assistance from, 1:238, 268, 320, 326

391 treaties as constituent instruments of, 5:277–78 use of term, 1:400, 2:36, 39, 5:190–91, 193–94, 456 International régime (see also Authority; Authority, establishment of) as an agenda item for UNCLOS III, 1:32, 87 applicability to the Area, 6:28–29, 65 Australia on, 6:32 Canada on, 6:32 Declaration of Principles on, 1:173– 76 developing States on, 6:32 First Committee (UNCLOS III) on, 6:36–37, 286 Germany on, 6:316 Group of 77 on, 6:32–33 ICNT on, 6:316–17, 6:317n.4 industrialized States on, 6:31–33 vs. international machinery, 6:34, 37 Malta on, 6:33 periodic review of, 1:269, 6:313–17, 6:317n.4 as provisional, 6:315, 322, 324 scope of, 6:80–81 Sea-Bed Committee on, 6:31, 80–81, 285 U.S. on, 6:31–32 Working Group on the International Regime, 6:34–35, 6:37n.124 International Régime and International Machinery Sub-Committee (SC.I), 5:xxvii International rules and standards, 1:301–4, 307 and coastal States’ enforcement obligations, 4:283, 286–90, 297–302 re dumping, 4:232–39 harmonization of, 4:12 re ice-covered areas, 4:394–98 re investigation of foreign vessels, 4:340–44 re pollution, 4:125–213, 215–21, 232– 39, 358–59 port States’ enforcement duties re violations of, 4:272 re seaworthiness of vessels, 4:273–78 re violations proceedings, 4:321 International Seabed Authority. see Authority; Legal status, of the Authority; Privileges and immunities of the International Seabed Authority International Seabed Boundary Review Commission, 6:79 International Seabed Resource Authority, 4:150 International Sea-Bed Resources Agency, 6:105 International seas/international sea area, use of terms, 3:61, 94, 3:605n

392 International Technical Conference on the Conservation of the Living Resources of the Sea (Rome Conference; 1955), 1:lviii, 3:28–29, 528–29, 6:9 International Telecommunication Union (ITU), 3:176n.11, 3:232, 235, 3:235n.5, 4:16, 631 International trade, 3:110, 6:318, 329 International Tribunal for the Law of the Sea. see Tribunal International watercourses, 2:42n.20, 4:132n International Whaling Commission (IWC), 2:663, 3:316–17 Interoceanmetal Joint Organization (IOM), 6:67, 696–97, 6:696n, 697n.48, 849n.28 Interpretation/application of awards, 1:397 of a contract, 1:291–92, 364 of the Convention, 1:290–92, 333–38, 390, 5:17–19, 46–47, 191 (see also under Dispute settlement) of an international agreement, 1:328, 331, 335, 388, 391 of rules and regulations, 1:489 Inter-Secretariat Committee on Scientific Programmes Relating to Oceanography (ICSPRO), 4:111n.2 Intertemporal law, 1:463, 1:463n.24, 4:414, 5:164 Intervention proceedings for, 1:390–91, 5:392–96 right of, 4:307–8, 313–14 Investigation (see also Arrest; Detention; Hot pursuit, right of; and specific offences, such as piracy) cooperation in, 1:246, 304, 309 by flag States, 1:246–47, 304–5 of foreign ships, 1:216–17, 247, 304–5, 308 for marine environment protection violations, 4:334–44 during innocent passage in the territorial sea, 3:470–72, 500–501, 560 by port States, 1:304–5, 308 Investment/investors. see Contractors; Pioneer investors Investment protection. see Preparatory Investment Protection; Resolution II IOC. see Intergovernmental Oceanographic Commission IOFC (Indian Ocean Fishery Commission), 2:658 IOM. see Interoceanmetal Joint Organization IPFC (Indo-Pacific Fishery Commission), 2:658 IPTP (Indo-Pacific Tuna Development and Management Programme), 2:658

Index of Volumes I-VI Iran on enclosed/semi-enclosed seas, 3:344, 348–49, 358–59 on exemptions to compulsory procedures, 5:130 on innocent passage, 2:199n.26 on marine scientific research, 4:501 on payments/contributions from exploitation of the continental shelf, 2:935 on reciprocity in transit matters, 3:421n.12 on straits, 2:328n.7 Iran/U.S. Claims Tribunal, 5:399n.37 Iraq on delimitation of continental shelf between opposite or adjacent coasts, 2:971 on enclosed/semi-enclosed seas, 3:348, 350, 357–58, 360–61, 363, 365 on geographically disadvantaged States, 2:765 on marine scientific research, 4:493, 532, 544, 4:647–48n.3 on national liberation movements, 5:486 sanctions against, 3:91, 3:91n.13 on straits, 2:299n.9 on UNCLOS III’s preparatory work, 1:49 Ireland (see also Group of 11) on anadromous stocks, 2:671 on the Commission on the Limits of the Continental Shelf, 2:1006 on the continental shelf, 1:45, 2:852– 53, 855–58, 958–59, 981 on delimitation disputes, 5:129 on the Enterprise, 6:369 on the exclusive economic zone, 2:807–8 on the Green Book, 6:51–52 on islands, régime of, 3:332, 337 on marine technology development/ transfer, 4:685–86, 693, 697 Irish formula, 2:852–53, 857–58, 887–89 Irish Free State, 3:484 Islamic States, 2:728, 868, 3:351, 364 Islands (see also Archipelagos; Artificial islands; Installations; Structures) and archipelagic States, 1:224, 3:322 vs. archipelagos, 3:322–23, 3:323n vs. artificial islands, 3:327, 3:327n.2 atolls, 1:210, 224–25 and baselines, 1:210, 212, 224, 2:98, 100, 399, 3:322–23, 331, 333–34, 338–39, 496, 498, 637 and bays, 1:211 and breadth of territorial seas, 3:479 in the contiguous zone, 1:254

Index of Volumes I-VI vs. installations, 3:327, 3:327n.3, 3:522, 6:206, 210, 212–15, 6:212n installations or equipment not possessing the status of, 1:230, 242, 263, 316, 321 limestone, 1:225 reefs around, 1:210, 225 régime of, 1:254, 3:321–39 adjacent islands, 3:637 as an agenda item for UNCLOS III, 1:35, 90 baselines for islands, 3:637 and colonial dependence/foreign domination, 3:334–36, 634–35 contiguous zone of islands, 3:636 vs. delimitation involving islands, 3:331–32 development of, 3:321 exclusive economic zone/continental shelf, 3:324, 326, 329, 331–33, 335–37, 634–36 ILC on, 3:321, 326–27 island, use of term, 3:324, 326–31, 3:327n.2, 3:333–36, 338, 634 ISNT on, 3:322–23, 335–36 Main Trends Working Paper on, 3:634–39 maritime space of islands, 3:321–23, 328–34, 337–38, 635–39 neighbouring States’ rights re, 3:636–39 rocks vs. islands, 3:324, 333, 335–36, 338–39 security zones/territorial seas of islands, 3:636–38 and sovereignty/jurisdiction over ocean space, 3:327–29, 636 territorial sea of islands, 3:635–38 UNCLOS III on, 3:322–23 rocks, 1:254 Sea-Bed Committee on, 3:321–22, 327–28 Second Committee on, 3:327, 3:327n.2, 3:330 and straits, 1:220, 2:328–29 use of term, 1:254, 3:479 Island States, 1:485, 2:91–94 Islets, 3:634, 636–39 ISNT/Part I (Informal Single Negotiating Text) on accommodation of activities, 6:211–12 on activities, 6:82 on activities in the Area, 2:32 on advisory opinions, 6:642 and Annex I, 6:39 and Annex III, 6:653, 6:653n.8, 6:658– 59, 662, 667, 671, 683, 686, 692 on annexes and final clauses, 5:287 on applicable law, 6:751–52 on archaeological/historical objects, 6:229

393 on the Assembly, 6:372, 393–94 on the Authority establishment, 6:343–44 financial arrangements, 6:526–27, 529–30, 534, 538–39, 542–43, 545 legal status, 6:546, 559 nature/fundamental principles, 6: 356–58 organs, 6:367–68 powers/functions, 6:302–3, 336 privileges and immunities, 6:546, 562, 565, 567–68, 570, 572, 575– 76, 580–81 rules, regulations and procedures, 6:739–40 on the benefit of mankind, 6:132, 135–36 on coastal States’ rights/interests, 6:156 on conduct of States, 6:115 on contracts, 6:719, 748–49 on the Council, 6:421–22, 424–25, 445–46 creation of, 1:416 on data transfer, 6:730 on developing States’ participation, 6:220–22 on development of resources, 6:233, 243–45 on dispute settlement, 2:568, 6:610–11 dissatisfaction with, 6:39–40, 6:39n.141 on the Economic Planning Commission, 6:469 on the Enterprise, 6:514–15 activities carried out by, 6:708 Statute of, 6:760, 767–68, 775, 802, 810 on environmental protection, 6:194– 95 on equitable sharing, 6:132 on exclusive right to explore/exploit, 6:735 on exploration/exploitation of the Area, 6:302–3 issuance of, 6:38–39 on joint ventures, 6:706 on the Legal and Technical Commission, 6:478 on the legal status of the Area/resources, 6:107–8 on limits of the Area, 6:81 on marine environment preservation/ protection, 4:167, 229 on marine scientific research, 4:434, 459, 6:166 on nondiscrimination, 6:286–88 on peaceful purposes, 6:148 on plans of work, 6:683 on policies on activities, 6:243–45 on production authorizations, 6:692 on protection of human life, 6:203 on responsibility/liability, 6:123–24, 753

394 on review of the international régime, 6:314–15 on rights/obligations under contracts, transfer of, 6:750 on rights/privileges of membership, suspension of, 6:591 and RSNT, 6:40–41 on the Sea-Bed Disputes Chamber, 5:404, 6:623, 632 on the Secretariat/Secretary-General, 6:488, 492–93, 497–98 on stages of operation, 6:704 on superjacent waters/air space, 6:90 on suspension of contractors’ rights, 6:746 on technology transfer, 6:183 on title to minerals, 6:658–59 on training programs, 6:733 on the Tribunal establishment, 5:334 jurisdiction, 5:376–78, 6:632 President, Vice-President and Registrar, 5:357 use of terms in, 6:72–73 on voting rights, suspension of, 6:588 ISNT/Part II (Informal Single Negotiating Text) on air space over the continental shelf, 2:904–5 on anadromous stocks, 2:673–74 on archipelagic States, 2:403, 411–12 on archipelagic waters, 2:440, 459–60, 483–85 on artificial islands, installations and structures, 2:579–80, 924 on assistance, duty to render, 3:173 on baselines, 2:88–89, 93, 97–99, 101, 106–7, 110, 130, 436 on bays, 2:116 on breadth of the territorial sea, 2:80 on cables/pipelines, 2:913, 3:263 on catadromous stocks, 2:682–83 on charges levied on foreign ships, 2:236 on charts and geographical coordinates, 2:146–47, 818, 988 on coastal States’ rights of protection, 2:230–31 on coastal States’ rights over the continental shelf, 2:894–95 on the Commission on the Limits of the Continental Shelf, 2:1003 on conservation/management of living resources, 3:293, 299–300, 308–9 on conservation/management of marine mammals, 3:315 on the contiguous zone, 2:272–74 on the continental shelf, 2:831–32, 851, 913, 924, 928, 960–61, 988 on cooperation of States bordering enclosed/semi-enclosed seas, 3: 359–60

Index of Volumes I-VI on cooperation of States in conservation/management of living resources, 3:299–300 on criminal jurisdiction in relation to foreign ships or vessels, 2:239–41 on dispute settlement, 5:443 on drilling, 2:928 on drug trafficking, 3:226–27 on enforcement of laws and regulations of coastal States, 2:792 on the exclusive economic zone, 2:501, 517, 534–35, 579–80, 806–7, 5:443 on fishing rights on the high seas, 3:284 on flag States’ duties on the high seas, 3:142–43 on freedom of the high seas, 3:77–78, 95 on geographically disadvantaged States, 2:742 on highly migratory species, 2:655, 998 on the high seas, 3:31, 63 on hot pursuit, right of, 3:253–55 on immunities of warships, 2:262–63 as an informal document, 1:lii, 2:xxxvi, 3:xxxiv–xxxv, 6:xxxii on innocent passage, 2:154, 160–61, 169–71, 173, 192–93, 225, 394, 459–60 on internal waters, 2:445 on islands, régime of, 3:322–23, 335–36 issuance/importance of, 3:13–14 on landlocked States, 2:706–7 on landlocked States’ access to and from the sea and transit rights, 3:403–4, 416–17, 426, 432, 439, 443–44, 447–48, 453–54 on low-tide elevations, 2:128 on marine mammals, 2:661 on marine scientific research, 2:351, 4:505, 622 as a negotiating text, 2:13–14 on noncompliance of warships with coastal State laws and regulations, 2:255 on nuclear-powered ships, 2:218–19 on opposite or adjacent coasts, 2:138–39 order of Parts of, 3:21 on payments/contributions from exploitation of the continental shelf, 2:937 on peaceful purposes on the high seas, 3:89 on piracy, 3:199 on ports, 2:121–22 on responsibility and liability of flag States, 2:258–59 on the right of visit, 3:241–42 on roadsteads, 2:124–25 on sea lanes and traffic separation schemes, 2:209–10, 359–61, 468–69 on sedentary species, 2:688

Index of Volumes I-VI on sovereignty, 2:71–72 on States’ rights/duties in the exclusive economic zone, 2:558–59 on status of ships, 2:55 on stocks in the exclusive economic zone, 2:643 on straits, 2:288–89, 297, 304, 311, 319, 326–27, 359–61, 394 on submarines, 2:181 on superjacent waters over the continental shelf, 2:904–5 on transfer of rights to exploit living resources, 2:779 on transit passage, 2:387–88, 483–85 on tunnelling, 2:992 on the United Nations’ right to sail ships, 3:130–31 on utilization of living resources in the exclusive economic zone, 2:629–31 on warships, 2:249 ISNT/Part III (Informal Single Negotiating Text) marine environment preservation/protection provisions, 4:xxxix, 9–10 re adverse consequences from exercise of powers, 4:332 and coastal States’ enforcement obligations, 4:287–90 re damage notification, 4:84 data and information exchange, studies, and programmes, 4:93 re dispute settlement, 4:41n.9 re dumping, 4:162–63, 236–37 re effects of activities, 4:123 and flag States’ enforcement obligations, 4:250–52 re global and regional cooperation, 4:81 re ice-covered areas, 4:394–95 re investigation of foreign vessels, 4:338 re monetary penalties and rights of the accused, 4:364 re nondiscrimination against foreign vessels, 4:347 re notification of flag States, 4:373 and obligations of conventions, 4:424 re pollution, 4:62–63, 88, 114, 131, 142, 151–52, 188–89, 202, 210, 218, 224, 317–18 and port States’ enforcement obligations, 4:265–66 re powers of enforcement, 4:326 re preferential treatment for developing states, 4:106–7 publication of reports, 4:119 re responsibility and liability, 4:406–8 re scientific criteria for regulations, 4:96 re seaworthiness of vessels, 4:275 re sovereign immunity, 4:419–20

395 sovereign rights principles in, 4:48 re States’ jurisdiction, 4:61–62 re States’ liability due to enforcement of regulations, 4:379 suspension and restrictions on proceedings involving, 4:352–53 re technical assistance to developing countries, 4:102–3 re transferring or transforming hazards or pollutants, 4:71 re violations proceedings, 4:321 marine scientific research proposals in re Area-based research, 4:606 re assistance and facilitation for research vessels, 4:599–600 communication of information about, 4:555 conditions to be complied with, 4:545–46 re the continental shelf and exclusive economic zones, 4:503–5 re dispute settlements and interim measures, 4:649–50, 658 general criteria and guidelines, 4:559 general provisions re, 4:446–48 re implied consent, 4:563–64 re information to coastal States, 4:533 re installations and equipment, 4:613, 617–18, 624, 627, 630 re international cooperation, 4:47, 468–69 non-recognition of, as basis for claims, 4:465 re promotion of research, 4:452–53 re publication and dissemination of information and knowledge, 4:484–85 re responsibility and liability, 4:637–40 and rights of landlocked and geographically disadvantaged states, 4:586–87 suspension or cessation of research, 4:572 re territorial seas, 4:493–94 re warning signals, 4:630 re water columns, 4:610 marine technology development/transfer provisions basic objectives in, 4:686 re cooperation among international organizations, 4:734 general provisions, 4:676 re international cooperation, 4:697, 700, 703–4, 707, 714–15 measures for achieving, 4:693 re protection of legitimate interests, 4:681 on national and regional marine scientific and technological centres, 4:720, 726–28, 732–33

396 ISNT/Part IV (Informal Single Negotiating Text) contents of, 5:9 on the Convention’s application/interpretation, notification of, 5:394 on default of appearance, 5:389 on dispute settlement, 5:80n.2, 5:90–91, 94–96, 110–11, 312, 362, 387 drafting/revisions of, 5:10–11, 335 on expenses of the Tribunal, 5:372–73 on fisheries, pollution and scientific research, 5:444 on geographical groups, 5:345 importance of, 5:9–10 on institution of proceedings, 5:385 introduction to, 4:xvi on the marine environment, 2:32 marine scientific research proposals in, 4:649 on opposite States, 5:117 on pollution, 2:32 revisions of, 5:10–11 on the Sea-Bed Disputes Chamber, 5:400–401 on the Tribunal access, 5:377 competence, 5:373–74 dismissal of a member, 5:354–55 disqualification of a member, 5:353 finality and binding force of decisions, 5:397 finances, 5:372–73 jurisdiction, 5:373–74, 376 members/judges, use of terms, 5:349 President, Vice-President and Registrar, 5:356 privileges and immunities of members, 5:355 quorum, 5:358, 360 Isobaths, 3:575 (see also Continental shelf) Israel on the Authority’s establishment, 6:348n on broadcasting from the high seas, 3:234–35, 3:235n.5 on conciliation procedures, 5:128 on the contiguous zone, 2:273 Convention rejected by, 1:xxviii, 6:52 on marine environment preservation/ protection, 4:96, 166, 235, 322 on the right of visit, 3:243 on straits, 2:319 Italy on Annex III, 6:657 on the Assembly, 6:400 on the Boat Paper, 6:60n.223 on the breadth of the territorial sea, 3:483 on compulsory procedures, 5:129 on dispute settlement, 5:93n.6

Index of Volumes I-VI on exploration/exploitation, 6:298 on innocent passage, 2:199, 285 marine environment protection/preservation efforts of, 4:4 on participation clause of final provisions, 5:188 on Resolution II, 6:841 seabed mining legislation of, 6:835n ITU. see International Telecommunication Union Ivory Coast, 2:971–72 IWC (International Whaling Commission), 2:663, 3:316–17 IWGMP. see Intergovernmental Working Group on Marine Pollution Jacovides, Andrew J. (of Cyprus), 5:94 Jagota, Satya P. (of India), 1:92, 1:415n.39, 6:41, 304, 653 Jamaica (see also Latin American and Caribbean States; Latin American States) in Assembly working group on the rules of procedure, 6:384 and the Boat Paper, 6:60n.223 on geographically disadvantaged States, 2:738–39 as host of the Conference, 5:304–5 on landlocked States, 2:698–99 Ministry for Foreign Affairs, 5:195 resolution expressing gratitude to, 1:421 as the seat of the Authority, 1:271, 6:344, 6:344n, 6:345–47, 350 (see also Authority, seat of) on the Secretary-General, 6:483, 487, 492, 497 on uses of the seabed, 6:24–25 James I, King of England, 6:6n.7 Japan on anadromous stocks, 2:669, 671 on Annex III, 6:657, 671, 686 on archipelagic States, 2:451 on the Assembly, 6:400 on the breadth of the territorial sea, 2:497, 3:481, 484 on the Commission on the Limits of the Continental Shelf, 2:1005–6 on conservation/management of living resources, 2:599, 2:599n.9, 646n.14, 3:292, 307 on the continental shelf, 2:844–45, 848, 854–55, 867, 955–57 on contracts, 6:727, 739 on cooperation of States in conservation/management of living resources, 3:297–98 on the Council, 6:429 discussions/agreements/deals re UNCLOS III issues, 1:58

Index of Volumes I-VI on dispute settlement, 5:26n.2 on on enforcement of laws and regulations of coastal States, 2:788 on the exclusive economic zone, 2:536 on exploration/exploitation, 6:302 on highly migratory species, 2:651, 656, 999 on landlocked States, 2:696 on landlocked States’ interests, 6:218–19 on the legal status of the Area, 6:104 on the limits of the Area, 6:80 marine environment protection/preservation efforts of, 4:4, 283, 331, 340, 372, 374 as a pioneer investor, 6:67, 823, 6:838n, 6:845 on plans of work, 6:686 on policies on activities, 6:241n on production authorizations, 6:691, 6:694n.45 on prospecting, 6:661 on qualifications of applicants, 6:671 on Resolution II, 6:837, 839, 841, 843, 847–49, 6:849n.29 on responsibility/liability, 6:123 on the right to fish on the high seas, 3:282 RSNT on, 6:41 seabed mining legislation of, 6:834n.4 on suspension of contractors’ rights, 6:746 on training programs, 6:733 on the Tribunal, 5:333 Jesus, José Luis (of Cape Verde), 5:477n.11, 6:xlv, 56 Johnson, Lyndon B. (of the U.S.), 1:3, 6:10–11, 13, 6:13n.38 Joint ventures application for, 1:482–83 assessment of, 1:482 of Authority, 1:355–57 of Enterprise, 1:352, 355–57, 372, 482– 83, 486, 6:866–67 re fishing, 1:232, 237–38 Group of Legal Experts on, 6:618 marine environment preservation/protection measures, 4:87 after the Review Conference, 6:326 activities in the Area through, 6:326 Annex III on, 6:705–7 Austria on, 6:305 of the Enterprise, 6:188, 507–8, 510, 521–22, 702–3, 705–7 for exploration/exploitation, 6:298, 302–5, 307, 309 First Committee (UNCLOS III) on, 6:44 ICNT on, 6:706–7 ISNT on, 6:706

397 Statute of the Enterprise on, 6: 764–66 technology transfer through, 6:173, 188–89 transfer of marine technology, 1:324 United Nations Convention on Conditions for Registration of Ships on, 3:117 Judgments, 1:386, 390–92, 5:391 (see also Awards, arbitral tribunal) Juridical person. see Natural or juridical persons Juridical status, 2:298 (see also Legal status) Jurisdiction (see also Agreement; Court or tribunal; Foreign ships or vessels; Sea-Bed Disputes Chamber, jurisdiction of; Sovereignty; Tribunal; Tribunal, jurisdiction of) of arbitral tribunals, 1:291–92, 331–32 in archipelagic waters, 3:126 categories of, 5:47 civil, 1:217–18, 310, 3:472 of coastal States on the continental shelf, 1:241, 260, 298, 315–16 and dispute settlement, 5:92–93, 5:93n.7, 5:117 on dumping, 1:299–300, 303 in the exclusive economic zones (see under Exclusive economic zone) over resources beyond the territorial sea, 3:597–604, 3:597n in straits, 1:219 in territorial seas, 1:216–17, 251–52, 6:6 of commercial arbitral tribunals, 1:291–92 concurrent, 3:126 over conservation/management of living resources on the high seas, 3:612 Convention vs. Statute of International Court of Justice on, 5:140 of courts/tribunals, 1:330–33, 336, 369, 378, 396, 5:37–39, 5:39n, 5:46–48 criminal (penal), 1:216–17, 247, 3:472 equity, 5:7 exceptions to, 5:88 excess of, 1:291–92 of flag States, 1:245–46, 250, 252, 4:242–57 of foreign vessels in ports, 3:465 government ships’ immunity from jurisdiction of other States, 3:507 lack of, 5:380 marine environment preservation/protection provisions re activities in the area, 4:151, 230–31 and coastal States’ enforcement of regulations, 4:282–302

398 re dumping, 4:166–67, 234 re effects of activities, 4:124 and flag States’ enforcement of regulations, 4:242–57 re pollution, 4:135–46, 151, 182, 217, 222–26, 319 and port States’ enforcement obligations, 4:261–72 ratione loci and ratione materiae, 4:65, 144–45 re responsibility and liability, 4:399–415 re State jurisdiction, 4:59–61, 65 suspension and restrictions on proceedings involving, 4:350–52, 358 marine scientific research issues re the continental shelf and exclusive economic zones, 4:504–6, 508, 510–13, 516–17 re dispute settlements and interim measures, 4:651–56 re information to coastal States, 4:529 re installations and equipment, 4: 614–17 re international cooperation, 4:466– 72 re principles for conduct of research, 4:457 re responsibility and liability, 4:638–41 re safety zones around installations, 4:625 re territorial seas, 4:490, 492 national, 1:216–17, 228–30, 241, 260, 315, 334, 2:36, 40 (see also Flag States) Convention on, 1:24–25 and national and regional marine scientific and technological centres, 4:722 over offences, 3:189–90, 192, 471–72 penal, in matters of collision or navigation incident, 1:247, 3:165–69, 3:166n, 3:507, 608 port State, 4:203 in pre-existing disputes, 5:119n.8 ratione materiae, 5:375–76, 378 ratione personae, 5:375–76 RSNT on, 5:11 of States over activities which may cause pollution, 1:294–95, 297–98, 302–3 Jus cogens, 5:217, 241–43 Jus communicationis, 3:27 Kadet Channel (in the Baltic), 2:80 Kampala Declaration (1974), 1:59, 2:515, 2:698n.5, 3:380 Kean, Arnold W. G., 4:212 Kennecott Consortium, 6:67n.237, 838n, 842n.15, 6:847, 6:847n.24

Index of Volumes I-VI Kennedy, R. H., 2:59 Kenya, 6:24–25, 6:60n.223 on the Authority, 2:31 on conservation/management of living resources, 2:598 on the continental shelf, 2:845, 847, 959 on the exclusive economic zone, 1:6–7, 10, 2:548, 801–2, 805, 5:93n.7 on fishing/fisheries, 5:91n on innocent passage, 2:194 on jurisdiction, 5:93n.7 on landlocked States’ access to the sea, 1:10 marine environment preservation/protection proposals by re activities in the area, 4:229 and coastal States’ enforcement obligations, 4:48, 284 re danger notification, 4:83–84 re data and information exchange, studies, and programmes, 4:93 and flag States’ enforcement obligations, 4:244 re global and regional cooperation, 4:80 in accordance with their capabilities, use of term, 4:64 marine environment, use of term, 4:42 re nondiscrimination against foreign vessels, 4:346 re pollution, 4:48, 58–59, 87–88, 113–14, 129–31, 139, 151, 186, 209–10, 217, 223, 317 and port States’ enforcement obligations, 4:262 re preferential treatment for developing states, 4:106 publication of reports, 4:118 re responsibility and liability, 4: 403–4 re scientific criteria for regulations, 4:96 re technical assistance to developing countries, 4:100–101 re transferring/transforming hazards or pollutants, 4:71 on marine scientific research, 4:465, 563, 615 on marine technology development/ transfer, 4:707n on pollution, 2:31, 4:754 representatives on the Second Committee, 2:xlvii on States’ rights/duties in the exclusive economic zone, 2:556 and utilization of living resources, 2:620–21 Kissinger, Henry (of the U.S.) on the Enterprise’s finances, 6:43, 506, 516

Index of Volumes I-VI on Law of the Sea negotiations, 6:39–41 on parallel system of exploration/ exploitation, 6:297, 305, 315, 322, 516, 760, 810 on the review system, 6:43n.154, 6:315, 322 on the site-banking system, 6:810–11 Koch, Joachim (of Germany), 6:xlvii Koh, Tommy T. B. (of Singapore) on amendments to the Draft Convention, 3:17 on the Authority, 6:654–55 and the Collegium, 1:67–68 on the continental shelf, 2:979–80 on contracts, 6:721–22, 724–27 on the Council, 6:404, 429 on the Enterprise, 6:762–63 on final provisions, 5:174 First Committee work of, 1:415n.39 and marine environment preservation/ protection regulations, 4:380–81 on national liberation movements, 5:482, 485–86 on national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:745 Negotiating Group 2 chaired by, 1:92, 417, 6:45 on participation in the Convention, 5: 182, 188–90, 278, 455 as President of UNCLOS III, 1:62–63, 409, 5:474–75, 6:46n.170 on reservations to the Convention, 5:222–23 Kohl, Helmut (of Germany), 6:58n.219 Korea, 2:646n.14, 2:999, 3:364, 6:67, 384, 696–97, 6:696n, 697n.48 Kuwait, 6:24–25 Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution (1978), 3:367, 4:29 Labour-supplying country, use of term, 3:111 Lagoon waters, use of term, 2:94 Laissez-passer, 6:547–48, 554 Land, Island and Maritime Frontier Dispute, 2:117–18 Land-based miners, 1:357, 424, 489 (see also Economic assistance) Land-based producer States (Special Commission on the problems which would be encountered by developing land-based producer States), 1:424, 488 (see also Economic assistance) Land-based sources of pollution atmospheric pollution, 1:294, 4:319 enforcement of laws and regulations on, 1:302, 4:214–21

399 international rules and national legislation for pollution prevention, reduction, and control, 1:298, 4:127–34 Kenyan proposal re, 4:58–61 RSNT on, 4:62–63 seabed activities pollution, enforcement of regulations re, 1:302–3, 4:222–26 Soviet proposals re, 4:61 State obligations re, 4:66 Land-locked and Geographically Disadvantaged States. see LL/GDS Group Landlocked States (see also Fishing; Geographically disadvantaged States; Living resources; LL/GDS Group; Neighbouring States) access to and from the sea and transit rights of, 3:371–457 coast, use of term, 3:405 coastal State, use of term, 3:405–6, 3:406n.12 as the common heritage of mankind, 3:371, 378, 416–17, 419 Convention and Statute on Freedom of Transit, 3:384–86 and the Convention on the High Seas, 3:409–10, 414, 451, 505–6 customs duties, taxes, tariffs and other charges (see under Customs) delays/difficulties in traffic in transit, 3:395, 446–49, 619 and disadvantages of being landlocked, 3:371–72, 3:371n.1 dispute settlement re, 3:398 ECAFE on, 3:375–77 emergency exceptions to, 3:397 equal treatment in maritime ports, 3:450–54, 618–19 evolution of, 3:373–75, 3:373n.12 freedom of the high seas, as a source of, 3:379 freedom of transit, use of term, 3:419–20 GATT on, 3:431 ICNT on, 3:381–82, 417–18, 426– 27, 433, 439, 444, 448, 456–57 ISNT on, 3:403–4, 416–17, 426, 432, 439, 443–44, 447–48, 453–54 Main Trends Working Paper on, 3:414–15, 425, 432, 438, 447, 617–18 means of transport/facilities, 3:393– 95, 400, 402–5, 407, 420, 428–29, 434, 619 means of transport/facilities, cooperation in constructing/improving, 3:441–45, 619 and the most-favoured-nation clause, 3:392, 396, 423–29, 3:427n, 3:618 need for, 3:371 Negotiating group No. 2 on, 3:381– 82

400 participation in the international régime, 3:620 person in transit, use of term, 3:402, 404 as preferential for landlocked States, 3:412–13 and prohibited goods/passengers, 3:387–88 reciprocity in, 3:397, 410, 413–14, 416, 418, 420–21, 3:421n.12 regional agreements re, 3:408, 411– 13, 415–17, 420 right of access as dependent on freedom of transit, 3:418 RSNT on, 3:404, 417, 426, 433, 439, 444, 448 seabed access, 3:620 Sea-Bed Committee on, 3:378–80 Statute on Freedom of Transit, 3:386–90, 401 storage of goods in transport, 3:395 terms vs. conditions of, 3:420 territory of a State, use of term, 3:406–7, 3:406–7n.14 traffic in transit, use of term, 3:393, 400–407 Transit Convention, 3:377, 3:377n.27, 3:382, 391–99, 401, 447, 456 transit facilities, 3:455–57 transit State, use of term, 3:393, 400, 402–6 and transit States’ obligations re, 3:418 and transit States’ sovereignty/interests, 3:372, 3:372nn.5–6, 3:408–9, 411, 413–14, 416–18, 421–22 UNCLOS I on, 3:376–77, 455–56 UNCLOS III on, 1:10, 3:378–79, 382 UNCTAD on, 3:377, 3:377n.27, 3:391–93, 419–20, 431 in wartime, 3:397 activities in the Area, 1:260, 263, 268, 274, 325 as an agenda item for UNCLOS III, 1:34, 89–90 Assembly’s consideration of problems of, 6:388 assistance to, 2:782–83 and the common heritage of mankind, 6:99 Convention ratifications by, 3:382n.52 as developing States, 3:375 freedom in exclusive economic zones, 1:229 freedom of the high seas for, 1:244, 257, 3:78–80, 101 Main Trends Working Paper on, 3:414– 15, 425, 432, 438, 447, 616–21 and marine scientific research, 1:319– 20, 3:383, 4:581–96, 605

Index of Volumes I-VI membership in the Council, 1:275–76, 485 needs/interests of, policies on, 6:245 neighbouring, rights of, 4:595 participation by, 6:324 in activities, 6:216–24 and the benefit of mankind, 6:134, 137–38, 143–44 preferential treatment for, 6:283, 285– 87, 289–90 remoteness of, 6:223–24 representation on the Council, 3:383 on the Review Conference, 6:324 rights/interests of, 3:617–21 access to and from the sea, 1:255–57 in the exclusive economic zone, 3:581–82, 620 exploit living resources, transfer of, 2:775 innocent passage, 1:213 participation in the exploitation of the exclusive economic zones, 1:235–37, 2:690–731 on the scope of the international régime, 6:80 sovereignty of, 2:71, 2:71n.7 special needs of, 6:224 States that qualify as, 3:372–73, 3:373n.7 technical assistance to, 4:712–18 and technology development/transfer, 1:323–25, 4:675–79, 689–95, 702–5, 6:184 and transit States, 1:256–57 use of term, 1:255, 2:38, 43, 3:376–77, 3:377n.22, 3:393, 400, 402–5 and utilization of living resources, 2:620, 631 after World War II, 3:375, 3:375n.15 Landsdown, Mr. (of the Union of South Africa), 3:481 Land territory, 1:209, 239, 254, 336 Language groups of the Drafting Committee, 1:137–38, 1:137n.15, 138n.17, 1:140–41, 1:140–41nn.32–33, 1:149–50, 1:149– 50n.72, 1:413–14, 1:413–14n.29, 2:374n.5, 5:303 on “shall,” 3:xliii–xliv Lapradelle, A. G. de (of France), 6:6 Large-scale pelagic driftnet fishing and its impact on the living marine resources of the World’s Oceans and Seas, 3:39–40, 45–47 Latin American and Caribbean States on the Assembly, 6:378, 392 on the Authority, 6:342, 346, 366 on the breadth of the territorial sea, 2:79 on coastal States’ rights/interests, 6: 153–54

Index of Volumes I-VI on the common heritage of mankind, 6:97 on the Council, 6:443 on exploration/exploitation, 6:298 on the legal status of the Area, 6:104–5 on marine environment preservation/ protection, 4:38, 71, 228 on marine scientific research, 6:163 marine scientific research proposals by conditions to be complied with, 4:541–42 re information to coastal States, 4:529 non-recognition of, as basis for claims, 4:465 re principles for conduct of research, 4:456–57 publication and dissemination of information and knowledge, 4:482 re territorial seas, 4:490 on policies on activities, 6:241 Latin American States (see also Chile; Colombia; Ecuador; El Salvador; Guatemala; Guyana; Jamaica; Latin American and Caribbean States; Mexico; Panama; Peru; Trinidad and Tobago; Uruguay; Venezuela) Amerasinghe presidency challenged by, 1:84 on archipelagic waters, 2:439 on artificial islands in the exclusive economic zone, 2:574–75 on baselines for archipelagic States, 2:435 on the breadth of territorial sea, 2:497 on conservation/management of living resources, 2:599–600, 3:292 on the contiguous zone, 2:271 on the continental shelf, 2:842 on cooperation of States in conservation/management of living resources, 3:298 diplomacy of, 1:36–37 effectiveness/homogeneity of, 1:83 on the Enterprise, 6:506, 512–13 on freedom of the high seas, 3:75–76 on geographically disadvantaged States, 2:737–38 on international seas, 3:94 on landlocked States’ access to the sea, 3:412 on opposite or adjacent coasts, 2:137 on peaceful purposes on the high seas, 3:88 on the right to fish on the high seas, 3:283 on States’ rights/duties in the exclusive economic zone, 2:556–57 on the Statute of the Enterprise, 6:759 on stocks in the exclusive economic zone, 2:641–42

401 Tribunal membership of, 5:344 Latvia, 3:484 Lauterpacht, Elihu (of Australia), 6:672 Lauterpacht, Hersch, 1:147n.63 Law enforcement activities, 4:204, 5:89, 136–37 (see also Arrest; Boarding; Detention; Hot pursuit, right of) Law of the sea, generally, 4:200, 350, 5:183 Law of the Sea Bulletin, 4:602 Law of the Sea Conference. see UNCLOS III Law of the Sea Sub-Committee (SC.II), 5:xxvii Laws (see also Applicability; International law;Â€LawsÂ€ andÂ€ regulations;Â€ Regulations) applicable, 1:369 and common terminology, 2:795n.5 internal, 1:217–18, 245, 304, 306, 309, 378, 395–96, 475, 480–81 national, 1:300, 307–8, 310, 475, 480–81 re nationality of a ship, 1:248 of salvage, 1:338 Laws and regulations (see also Applicability; International law; Laws; Regulations; Violations) on air space, 2:52 on archipelagic sea lanes passage, 1:227 on archipelagic States, 2:406, 447–54, 481–87, 3:627–28 on archipelagic waters, passage in, 3:627–28 on cables/pipelines, 1:252–53, 2:200, 453–54 on coastal States, 2:367–78, 384–89, 481–87, 521–44 on the contiguous zone, 1:338 customs, immigration, fiscal and sanitary, 1:214, 219, 222, 229–30, 3:564 enforcement of, 1:238 (see also Law enforcement activities) on the exclusive economic zone, 1:229, 311 on fishing, 1:214, 231–32, 238, 335 harmonization of, 4:12–14 on innocent passage, 1:214–15, 300 on marine environment preservation/ protection, 4:207–13 on marine scientific research, 1:318, 320 on nuclear-powered ships, 2:217–20 on nuclear substances, 2:217–20 on pollution, 1:296, 298–310 on the seabed/ocean floor/subsoil, 2:52 on straits, 1:222–23 on territorial seas, 1:214–15, 217–19, 338, 2:51–52, 58

402 on transit passage, 1:222–23 violation of, 1:217, 238, 250–51, 303, 305–6, 308–11 LDC (Least Developed Countries), 3:375 League of Arab States, 5:180, 483–84, 486 League of Nations on codification of international law, 1:29, 2:53 Organization for Communications and Transit, 4:4 on reservations to treaties, 5:213 on territorial seas, 2:52–53 on territorial waters, 2:56 Least Developed Countries (LDC), 3:375 Lebanon, 4:430n.3 Legal and Technical Commission (Council), 6:65, 6:198–99n.9, 215n, 6:311, 473–82 (see also Council) Agreement on, 6:474–75 appraisal of plan of work, 1:268–69, 376, 478–79, 484–85, 6:937–39, 6:937n, 939n Authority’s early functions carried out by, 6:363 composition of, 1:280, 6:458, 461–64, 481 consultation with other commissions/ organs, 6:459, 461, 463 on contracts, financial terms of, 6:716 decision-making in, 1:281, 485, 6:459, 461, 463–64, 6:464n, 6:476–77 Economic Planning Commission’s functions performed by, 6:338, 363, 369–70, 6:456n.3, 6:461, 465–66, 468 establishment of, 1:280, 6:369, 404–5, 456, 458, 461–63, 470, 477–78 functions of, 1:281–83, 477, 6:473–74, 476–80, 907–8 Green Book on, 6:481 Group of 77 on, 6:464 ICNT on, 6:479–81 ISNT on, 6:478 on marine environment protection/preservation, 4:154n.4 marine environment protection/preservation proposals of, 4:154, 231 meetings of, 6:459 membership in, 6:361–62 members of election/terms of office, 1:280–81, 6:458, 461, 463–64, 481–82 nomination of candidates, 1:280–81 nondisclosure of confidential information by, 6:458, 461, 573 qualifications of, 1:280, 282, 6:463, 473, 476, 478, 907

Index of Volumes I-VI and pioneer investors, 1:430–31 plans of work, recommendations re, 6:407, 426, 436–38, 442–43, 447–48, 450–54, 701, 6:701n.58, 6:901 powers/functions of, 6:405 and production limitation, 6:474–75, 477 recommendations to the Authority by, 1:364 recommendations to the Council by, 1:268–69, 278–79, 281–83, 478–79, 484–85, 6:907–8, 949 RSNT on, 6:478 rules/regulations by, 1:281, 6:458 seat of, 1:281 subcommissions of, 6:481 U.S. on, 6:464, 480–81 Legal Committee, 4:212 Legal Counsel of the United Nations, 6:842 Legal order for the seas and oceans, 1:207 Legal personality, use of term, 6:523, 559 Legal process, immunity from, 6:564–66 Legal régime. see Régimes Legal status (see also Enterprise; Exclusive economic zone) of archipelagic waters, 1:225, 243–44, 6:92 of the Area, 1:259, 6:878 of artificial islands and installations, 1:230, 242, 263, 321 of the Authority, 1:288, 6:549, 558–63 (see also Air space, superjacent; Area, legal status of; Privileges and immunities of the International Seabed Authority; Resources, legal status of; Waters superjacent to the Area, legal status of) and the Charter of the United Nations, 6:559–60, 6:559n.3 and dispute settlement, 6:559 ICNT on, 6:546, 559 ISNT on, 6:546, 559 and legal capacity, 6:558–60 and legal personality, 6:550, 558–60 RSNT on, 6:546, 559 U.K. on, 6:559 of the continental shelf’s superjacent waters and air space, 1:241 of the Enterprise, 6:759–60, 763–64, 817–29 of the high seas, 1:219–20, 244 of installations and equipment for marine scientific research, 4:620–22 of marine research installations and equipment, 4:614–16 in marine scientific research projects, 4:651

Index of Volumes I-VI of straits, 1:219–20 of territorial seas, 1:209, 2:64 use of term, 2:298 Legal Sub-Committee (SC.I; Sea-Bed Committee), 1:li–lii, 4:431–32, 5:xxvii–xxviii, 6:23–24, 26, 96–97 Legal Working Group (WG.1; Ad Hoc Committee to Study the Â�PeacefulÂ€Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction), 1:li, 2:xxxv, 5:xxvii, 6:xxxi Legitimate interests of coastal States, 1:260 due regard to, 1:323 of immediately adjacent neighbouring State of an archipelagic State, 1:224 and marine scientific research, 4: 461–62 of a party to a contract, 1:291 and technology, 1:323, 325–26, 4:680– 82, 717 of transit States, 1:256 Lesotho, 2:541, 3:403, 405, 414 Lex generalis/lex specialis, 4:425, 5:243 Liability (see also Responsibility and liability; Responsibility to ensure compliance and liability for damage) for activities in the Area, 6:29 for damage caused by breaches of confidentiality, 6:732 from enforcement measures, 1:310–11, 4:377–81 of the Enterprise, limitation of, 6:775–76 and marine environment protection/ preservation, 4:7, 377–81, 399–415 for seizure of pirate ships or aircraft without adequate grounds, 3:217–19, 3:219n, 3:614 use of term, 2:259n, 4:380 without fault, 4:412–13 Liberia, 4:295n.7 Libya, 6:24–25 Libyan Arab Republic, 2:147, 631, 3:336 Licenses Council’s powers/functions re, 6:443 for exploration/exploitation of the Area, 6:299, 651–52 fishing, 3:587, 652–53 States, legislation by 6:53–54, 6:54n.206 marine environment preservation/protection proposals re, 4:173 and marine technology development/ transfer, 4:713 master’s certificate, 1:247 Tanzania on, 6:652 transfer of rights re exploitation of living resources, 1:237–38

403 transfer of technology to Enterprise by means of, 1:350–51 Lijnzaad, Liesbeth (of the Netherlands), 6:xlvii Limitations and exceptions. see Exceptions/exclusions Limits of national jurisdiction, 2:40, 6:79–81, 85 (see also Contiguous zone; Continental shelf; Continental shelf, limits of; Exclusive economic zone; Limits of the Area; Outer limits; Territorial seas) Limits of the Area, 6:77–86 Canada on, 6:80 charts/notification of, 6:77–78, 81–85 Coastal States Group on, 6:80 ICNT on, 6:83 ISNT on, 6:81 Japan on, 6:80 and limits of continental shelf, 6:69n.1, 6:77–78, 81, 84–86 and limits of the exclusive economic zone, 6:85 Malta on, 6:80 Poland on, 6:80 RSNT on, 6:82–83 Sea-Bed Committee on, 6:78–80 Soviet Union on, 6:80 Tanzania on, 6:79 U.K. on, 6:79 List(s) (see also Due publicity) of Agreement signatories, 1:493–94 of anadromous stocks, 2:667n.2 of arbitrators, 5:422, 424–25 armed forces service, 1:218 of candidates, 1:277, 346, 383 of conciliators, 1:379–80, 5:311, 313–15 of Convention ratifications, 1:xxxiv– xxxix, 495–98, 5:200n.7 of Convention signatories, 5:197n of countries in the Council, 1:484 of experts, 1:331, 397–99, 5:42, 51, 446–47 of geographical coordinates, 1:212–13, 225, 239, 243, 258, 429, 2:817–21 Little tuna, 1:345 Living marine resources, 4:282 (see also Living resources) Living resources (see also Allowable catch; Arrangements; Conservation/management of living resources; Cooperation; Exclusive economic zone; Fishing; Highly migratory species; High seas; International organizations; Licenses; Living marine resources; Terms and conditions for fishing rights and conservation measures)

404 access to, 1:231, 234–38 allowable catch of, 1:230, 235–37, 253– 54, 335 conservation of, 1:207, 213–14, 228, 230–31, 233, 238, 253–55, 323, 327, 335, 2:594–611 and the continental shelf, 2:896–98 development of, 1:232–33 disputes re, 1:335, 5:86, 321 exploration and exploitation of, 1:238, 255 as a food source, 3:291, 3:292n.4, 3:514 geographically disadvantaged States’ access to, 1:235–38 harm to, by pollution, 1:208 harvesting capacity of, 1:231, 235–37, 335 landlocked States’ access to, 1:235–38 landlocked States’ rights/interests re, 3:620–21 management of, 1:228, 230–31, 233, 253–55, 323, 327, 335 maximum sustainable yield of, 1:231, 253–54 surplus of, 1:231, 335 use of term, 2:827n.4 utilization of, 1:231–32, 2:612–38 LL/GDS Group (Group of Land-locked and Geographically Disadvantaged States) on the Assembly’s powers/functions, 6:394, 396 on the benefit of mankind, 6:137–38 vs. the Coastal States Group, 1:71–72 on coastal States’ right to participate in the exploitation of the exclusive economic zones, 2:770 common interests of members, 1:73–74 on conservation/management of living resources, 2:606 on the continental shelf, 2:848 on contracts, 6:719 on the Council, 6:422–23 delegations of, 1:75 developing, 1:75 establishment of, 1:73, 3:372, 3:372n.4 on the Evensen Group, 1:106, 1:106n on the exclusive economic zone, 1:69, 73, 2:516–19, 538–39, 550–51 on exploration/exploitation, 6:305 on geographically disadvantaged States, 2:740–41, 743–45, 749–51, 756, 764 and the Group of 77, 2:703n.11 as homogeneous, 1:69 on landlocked/geographically disadStates’ vantaged participation, 6:222–23 on landlocked States, 2:703–5, 2:705n, 2:706–8, 2:707n.16, 2:710–11, 713– 14, 719–20, 729

Index of Volumes I-VI on landlocked States’ access to the sea, 2:496, 3:416–17, 426 landlocked States’ proposals by, 3:380–81 marine scientific research by, 4:583 marine scientific research proposals by, 4:584–86, 646–48, 650, 657–58 member States, 1:72–73 organization/procedures of, 1:74–75 on payments/contributions from exploitation of the continental shelf, 2:938 on policies on activities, 6:245, 247 on preferential treatment for developing States, 6:287–88 rights in the exclusive economic zone, 1:109–10 (see also Group of 21) on settlement of disputes in the exclusive economic zone, 2:568 on sharing of resources, 1:42 on States’ rights/duties in the exclusive economic zone, 2:558, 561 on the Statute of the Enterprise, 6:779 on transfer of rights to exploit living resources, 2:780–82 Loans, 1:374–76 Local remedies, rule for exhaustion of, 5:79–81 Lockheed (U.S.), 6:67n.237 London Dumping Convention. see Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter Long usage, use of term, 2:100 Lorck, M. (of Denmark), 3:483 Loss or damage (see also Damage) in avoiding injury to cables/pipelines, 1:252–53 claim for, due to pollution, 1:310 due to seizure or stoppage, 1:249–50, 252 indemnity for, 1:252–53 international responsibility for, 1:218, 223 of life, 1:246 in marine environment preservation/ protection provisions, 4:380 of nationality, pirate ship or aircraft, 1:248 operating losses of a contractor, 1:361 profit and loss statements, 1:373 to States bordering straits, 1:223 Lotus case, 3:166n Low-tide elevations adjacent, 3:637 and baselines, 1:210, 224, 2:89, 102–3, 430–31, 3:637 and the breadth of the territorial sea, 1:212, 2:126–28, 3:498, 549–50, 552 low-water marks on, 1:212

Index of Volumes I-VI marine space of, 3:636, 638–39 use of term, 1:212, 2:38, 102, 3:634 Low-water marks (see also Baselines) absence of, 3:550 and baselines, 1:209–11, 2:87–90, 94, 101, 3:549–51 and indentation areas, 1:211, 2:95, 113, 117, 2:117n.4, 3:551 and internal waters, 1:211, 2:113, 3:551 on low-tide elevations, 1:212 and territorial seas, 1:209–10, 2:59–61, 3:475, 496–98, 549 use of term, 3:475 Luxembourg, 5:225n.3 Mackerel, 1:345 Madagascar, 2:646n.13 Magalhães, M. Barbosa de (of Portugal), 3:461, 485 Main Committees (UNCLOS I), 2:8–9, 2:8n.10, 3:8–9, 3:8n.10, 3:88 Main Committees (UNCLOS III), 1:xxvi–xxvii, 87–91, 410–11, 5:xiv, 7, 172, 6:35–36, 45 (see also First Committee (UNCLOS III); Second Committee (UNCLOS III); Third Committee (UNCLOS III)â•›) Main Trends Working Paper, 1:xxvii on air space over the continental shelf, 2:903 on anadromous stocks, 2:672 on archipelagic States, 2:411, 423–24, 450–51 on archipelagic waters, 2:440 on archipelagos, 3:623–29 on artificial islands/installations, 2:923, 3:579–81, 583, 631–34, 3:631n on baselines, 2:88, 93, 97, 101, 106, 110, 423–24 on bays, 2:115–16 on broadcasting from the high seas, unauthorized, 3:233–34 on cables/pipelines, 2:912 on catadromous stocks, 2:682–83 on charges levied on foreign ships, 2:236 on charts and geographical coordinates, 2:988 as a compendium of approaches, 2:11– 12, 3:11–12 on conservation/management of living resources, 2:603–4, 3:293, 610–12 on conservation/management of marine mammals, 3:315, 317 on the contiguous zone, 2:271, 3:563– 64, 3:563n on the continental shelf, 2:847–48, 928, 959–60, 988, 3:571–78, 3:571n

405 on criminal jurisdiction in relation to foreign ships or vessels, 2:240 on drilling, 2:928 on drug trafficking, 3:226–27, 614 on enclosed/semi-enclosed seas, 3:359, 629–31, 3:629n on enforcement of laws and regulations of coastal States, 2:791 on the exclusive economic zone, 3:578–97 artificial islands in, 3:579–81, 583, 633 cables/pipelines in, 3:583 coastal States’ preferential rights in, 2:805, 3:586–87, 597–604, 621 coastal States’ rights in an exclusive fishery zone, 2:531 coastal States’ sovereignty/jurisdiction in, 3:579–81, 584, 590–94, 596 conservation/management in, 3:587– 94, 620–21 delimitation between States with opposite or adjacent coasts, 3:595–96 drilling in, 3:579 exclusivity of, 2:515–16 exploitation of, revenues from, 3:582 fisheries in, 3:584–94 fishing fees in, 3:591–92 fishing rights in, 3:579 installations in, 3:579–81, 583, 633 landlocked/geographically disadvantaged States’ rights in, 3:581–82, 620 limits of, 2:500, 2:500n.26, 2:549– 50, 805, 3:584 natural resources of, 3:579, 583 navigation/overflight in, freedom of, 3:583 pollution prevention/control in, 3:579, 596–97 regional arrangements in, 3:583–84 safety zones in, 3:579–81 scientific research in, 3:579–80, 588, 597 seabed within national jurisdiction, 3:594–96 States’ rights/duties in, 3:578–84 vs. the territorial sea, 2:515–16, 3:578n on fisheries and fishery activities, 2:531 on freedom of the high seas, 3:94–95 on geographically disadvantaged States, 2:739–40 on highly migratory species, 2:653–54, 997 on the high seas, 3:605–16, 3:605n broadcast transmissions from, 3:616 conservation/management on, 3:610– 12

406 formulas describing, 3:62 freedoms of, 3:609–10 hot pursuit on, 3:614–15 nature/characteristics, 3:605 slavery/piracy/drugs on, 3:612–14 States’ rights/duties on, 3:605–9 on immunities of warships, 2:262 on innocent passage, 2:154, 160, 169, 224–25 on internal waters, 2:444 on islands, régime of, 3:334 on landlocked States access to and from the sea and transit rights, 3:414–15, 425, 432, 438, 447, 617–18 equal treatment in maritime ports, 3:618–19 general principles re, 3:616 rights/interests, 3:617–21 variety of positions on, 2:701 on low-tide elevations, 2:128, 3:552 on marine environment protection, 4:383–84 on marine scientific research, 4:503 on the nationality of ships, 3:105, 612 on noncompliance of warships with coastal State laws and regulations, 2:255 on nuclear-powered ships, 2:218 on nuclear substances, 2:218 on opposite or adjacent coasts, 2:138 overview/introduction, 3:541–47 on payments/contributions from exploitation of the continental shelf, 2:935, 3:574, 582 on peaceful purposes on the high seas, 3:88 on penal jurisdiction in matters of collision or navigation incident, 3:167– 68, 608 on piracy, 3:199, 612–14 on ports, 2:121 purpose of, 3:547 on the régime of islands, 3:634–39 on responsibility and liability of flag States, 2:258 on the right of navigation, 3:100 on the right of visit, 3:240–41 on rights of coastal States over continental shelf, 2:894 on sea lanes and traffic separation schemes, 2:209, 358 on sedentary species, 2:688 on shelf-locked States and States with narrow shelves or short coastlines, 3:621–23 on ships, 2:337 on States’ rights/duties in the exclusive economic zone, 2:557–58 on status of ships, 2:55

Index of Volumes I-VI on stocks in the exclusive economic zone, 2:642 on straits, 2:296, 303, 310, 318, 325, 358, 3:564–70, 3:564n on submarines, 2:181 on superjacent waters over the continental shelf, 2:903 on the territorial sea, 3:548–63 baselines, 3:549–50 bays, 3:550–51 breadth of, 2:80, 3:553 delimitation between States with opposite or adjacent coasts, 3:552–53 freedom of navigation and overflight from question of plurality of régimes in, 2:69–70, 3:562–63 historic waters, 3:548 innocent passage in, 2:54, 3:554–62 limits of, 3:549–54 low-tide elevations, 3:552 nature/characteristics, 3:548 permanent harbour works, 3:552 rivers, 3:550 roadsteads, 3:552 on transfer of rights to exploit living resources, 2:778 on transit passage, 2:387–88 on tunnelling, 2:992 on the United Nations’ right to sail ships, 3:130–31 on utilization of living resources in the exclusive economic zone, 2:627 on warships, 2:251, 3:154–55, 607 on the zone beyond the territorial sea, 3:597–604, 3:597n Majority (see also Quorum) for amendments, 5:275–77 in arbitral tribunals, 1:396, 5:432–33 in the Assembly, 1:272–73, 483, 5:271 in the Commission on the Limits of the Continental Shelf, 1:346–47 in the conciliation commission, 1:380 in the Council, 1:276–78, 430, 484–85 in the Finance Committee, 1:491 in the Governing Board of Enterprise, 1:371 in international organizations, 1:400 in the Legal and Technical Commission, 1:485 ratification by, 5:191 in the Review Conference, 1:270–71 Rules of Procedure of UNCLOS III on, 5:266 in the Sea-Bed Disputes Chamber, 1:391 of States Parties, 1:270–71, 346, 383 in Tribunal decisions, 1:384, 390, 5:352–54, 390–91

Index of Volumes I-VI in the Tribunal elections, 1:383, 5:347 use of term, 5:352 Vienna Convention of the Law of Treaties (1969) on, 5:266 Makowski, M. (of Poland), 3:485 Malaysia on archipelagic States, 2:421–22 on baselines for archipelagic States, 2:421–22, 424–29 on coastal States, 2:373 discussions/agreements/deals re UNCLOS III issues, 1:58 on innocent passage, 2:361 on marine scientific research, 2:351 on safety aids, 2:382 on sea lanes and traffic separation schemes, 2:361 on ships, 2:339 on straits, 2:298, 327, 361, 4:386 Mali, 2:71 Malone, James L. (of the U.S.), 1:81, 6:52, 6:52n.202 Malta (see also Draft Ocean Space Treaty) on accommodation of activities, 6:208–9 on anadromous stocks, 2:669 on artificial islands and installations in the exclusive economic zone, 2:574, 2:575n on the Assembly, 6:378, 392 on atolls, 2:92 on the Authority, 6:342, 345–46, 354, 367 on baselines, 2:97, 106 on bays, 2:115 on the benefit of mankind, 6:134 on cables/pipelines, 3:268, 272 on charts, 2:146 on coastal States, 2:369 on the common heritage of mankind, 2:2–3, 2:2n.4, 3:2–3, 3:2n.4, 6:6, 15–18, 21–22, 97–98 on compulsory procedures, 5:131 on conservation/management of livingÂ€ resources, 2:598–99, 3:291–92, 3:292n.4 on the Council, 6:420, 443 on delimitation of continental shelf between opposite or adjacent coasts, 2:955 on drug trafficking, 3:225 on enforcement of laws and regulations of coastal States, 2:789 on the exclusive economic zone, 2:548, 802 on exploration/exploitation, 6:298 on highly migratory species, 2:651 on immunities of warships, 2:262 on innocent passage, 2:153, 223, 386

407 on the international régime, 6:33 on the legal status of the Area, 6:104 on the limits of the Area, 6:80 on low-tide elevations, 2:127 on marine environment protection/preservation, 4:38, 42, 76, 103, 137–38, 150, 182–83, 228, 316 on marine mammals, 2:660 on marine resources, 6:15–18 on marine scientific research, 6:163 marine scientific research proposals by conditions to be complied with, 4:540–41, 4:541n re dispute settlements and interim measures, 4:645 re information to coastal States, 4:528–29, 4:529n, 4:535 re installations and equipment, 4:614, 624, 630 re non-interference with shipping routes, 4:627 re notification, 4:491n.2 re ocean space, 4:442 re responsibility and liability, 4:635 re safety zones around installations, 4:624 re suspension or cessation of research, 4:571 re territorial seas, 4:491 re warning signals, 4:630 on national ocean space, use of term, 2:85 on payments/contributions from exploitation of the continental shelf, 2:933 on peace/security/cooperation, 6:113– 14 on piracy, 3:198–99, 204 on pirate ships/aircraft, seizure of, 3: 213–14, 218, 221 on ports, 2:121 on resources, use of term, 6:71n.1 on responsibility/liability, 6:121 on the Review Conference, 6:322 on the right of hot pursuit, 3:251 on the right of visit, 3:239–40 on safety aids in straits, 2:380–81 on the seabed, use of term, 6:71n.1 on sea lanes, 2:206, 357 on the Secretary-General, 6:483, 487, 492, 497 on stocks in the exclusive economic zone, 2:641 on submarines, 2:180, 182 on traffic separation schemes, 2:206 on UNCLOS III’s preparatory work, 1:49 on uses of the seabed, 6:24 on utilization of living resources in the exclusive economic zone, 2:622

408 on vessels flying under only one State’s flag, 3:124 on weapons, 6:147, 6:147n.2 Management of living resources. see Conservation/management of living resources Manganese, 1:267, 360, 374, 427, 6:10– 11, 31–32, 259 (see also Minerals derived from the Area; Polymetallic nodules) Mankind. see Benefit of mankind; Common heritage of mankind Man-made structures, 1:208 (see also Artificial islands; Installations; Structures) Manner, Eero. J. (of Finland), 1:94, 417, 2:139–40, 812, 965, 5:12, 118 Manning regulations, 1:215, 245, 294, 301, 303–4, 2:202 Maps, 2:884–90 (see also Charts) Marchant, M. (of Chile), 3:482 Mare liberum vs. mare clausum, 1:lviii Margineers. see Group of Broad-Shelf States Marine activities, 1:208, 2:176 (see also Activities in the Area; Fishing; Marine scientific research; Pioneer activities) Marine archaeology, 5:149, 158–62 (see also Archaeological/historical objects) Marine casualties, 1:246 (see also Incidents of navigation; Maritime casualties) Marine environment (see also Activities in the Area, accommodation of; Agreement; Cooperation; Damage; Dumping; Ecosystems; Enforcement; Environmental protection; Evidence; Flag States; Harmful substances; Notification; Pollution; Technology transfer) activities in, 1:262–63 and coastal States, 2:374–75 contingency plans for, 1:295 damage to, 1:246 danger to, 1:260–61, 295, 301–2, 310, 4:313–14 drilling in, 1:262, 368 enclosed/semi-enclosed seas, 1:255 and exceptions to compulsory procedures entailing binding decisions, 5:94, 99 exploration/exploitation of, 3:602–4 global ecological systems, 4:13–14, 393 hazards to, 1:262, 294–95 laws and regulations on, 2:543 laws to be adopted by States, 1:298– 300, 302–3 Legal and Technical Commission’s recommendations re, 1:282–83

Index of Volumes I-VI monetary penalties for violations of laws and regulations, 1:310 monitoring of, 1:283, 297 pollution and other hazards to, 1:208, 2:42, 2:42n.20, 4:3–4, 456 pollution of the marine environment, use of term, 1:208, 2::27, 31, 41, 4:53–54, 749, 753–54 protection and preservation of as an agenda item for UNCLOS III, 1:35, 90 and cables/pipelines, 2:200 coastal States’ jurisdiction re, 1:228 cooperation of States re, 1:255, 295–96 disputes re, 1:397, 399 experts on, 1:282, 397–98 legal order as facilitating, 1:207 obligations under other conventions, 1:312–13 Part XI on, 6:881 pollution prevention/reduction, 1:293–96, 4:55–57n.8 regional centres’ programmes re, 1:327 States’ obligations/rights re, 1:293, 2:200–202 States’ responsibility/liability re, 1:311–12 in straits, 1:311 technology development/transfer for, 1:323, 478, 482, 486 and warships, 1:312 protection and preservation of, regulations for re assessment of potential effects, 4:121–24 civil proceedings involving, 4:360– 61 and coastal States’ enforcement duties, 4:279–302 and coastal States’ rights, 6:945–46 comprehensive planning for, 4:36–37 contractors’ obligations re, 6:943–44 conventions containing obligations for, 4:422–26 re dumping, 4:155–68, 170–75, 232–39 emergency orders, 6:944–45 enforcement provisions, 4:214–319 adverse consequences from exercise of powers, avoidance of, 4:330–33 flag State notification requirements, 4:371–76 flag States’ duties re enforcement of regulations, 4:240–57 general provisions of Part XII re, 4:35–76 global and regional cooperation proposals, 4:77–97

Index of Volumes I-VI ice-covered areas, 4:392–98 imminent or actual damage, notification of, 4:82–85 international navigation straits, safeguards for, 4:382–91 international rules and national legislation for pollution prevention, reduction, and control, 4:125–213 introduction to, 4:3–22 investigation of foreign vessels for violations of provisions re, 1:308, 4:334–44 land-based pollution, enforcement of laws and regulations on, 4:214–21 maritime casualties, measures to avoid pollution from, 4:303–14 monetary penalties and rights of the accused, recognition of, 4:362–70 monitoring and assessment proposals, 4:109–24 nondiscrimination with respect to foreign vessels, measures for, 4:345–47 nongovernmental agreements and contracts on marine pollution, 4:33 overview of, 4:3–22 re pollution, 1:311, 4:55–57n.8, 4:86–89, 147–54, 176–206, 4:184–85n.8, 4:207–13, 227–31, 315–19 pollution prevention, reduction and control, 4:50–68, 4:55–57n.8, 59–61n.9 port States’ duties regarding enforcement of regulations re, 4:258–72 powers of enforcement in regulations re, 4:325–29 precautionary approach to, 6:943 preferential treatment, for developing states, 4:105–8 proceedings for violations, measures for facilitation of, 4:320–24 publication of reports, 4:116–20 responsibility and liability, generally, 4:399–415 safeguard provisions for, 4:320–91 scientific criteria for regulations, 4:94–97 seabed activities pollution, national jurisdiction over, 4:135–46 re seaworthiness of vessels, 4:273–78 re sovereign immunity, 4:416–21 sovereign rights and natural resources exploitation, 4:44–49 standards for, 1:477, 4:19, 4:59n.9, 4:129, 181–206, 317 States’ liability due to enforcement, 4:377–81 studies, research programmes and data information and exchange, 4:90–93

409 suspension and restrictions on proceedings involving, 4:348–59 technical assistance for, 4:98–108 re transferring or transforming hazards or pollutants, 4:69–72 treaties re, 4:6–8, 23–33 use of technology and introduction of alien and new species, 4:73–76 protection of, in the Area, 1:262–63, 270, 280, 282, 348, 368, 482, 486 responsibility for protection of, 1:311–12 and scientific and technical assistance to developing States, 1:296–97, 323, 486 scientific research in (see Marine scientific research) serious damage to, 1:246 settlement of disputes over, 1:312, 331– 32, 334–35, 397, 399 sovereignty over, 2:200–201, 491, 2:492n.2, 2:493 species introduced to, 1:295 States’ obligations re, 1:255, 293–95, 300, 311–14 straits, 1:311 use of term, 2:33–35, 42, 4:42–43, 442, 755 violation of laws, regulations or international rules and standards for the protection and preservation of, 1:308–9 Marine Environment Protection Committee, 4:225 Marine incineration facilities, 4:170–75 Marine life, 1:208, 294, 3:529 Marine mammals, 1:233, 254, 345, 2:659–64, 3:289, 314–17, 3:316nn.2–4 Marine pollution (see also Pollution) Marine resources. see Resources Marine Resources and Engineering Development Act (U.S., 1966), 6:12, 6:12n.33 Marine scientific research, 4:429–661, 6:160–72 (see also Authority; Cooperation; Exclusive economic zone; Installations; International organizations; Peaceful purposes; Scientific research; Technology transfer; Territorial seas; Training) agreement on, 1:316–18 and aircraft use, 4:459–61 Annex III on, 6:664–65 applied vs. fundamental, 6:163n.2 arbitration of disputes re, 3:34, 5:445 in archipelagic waters, 4:490–95, 4:490n in the Area by the Authority, 1:261, 4:605, 6:880 for the benefit of mankind, 1:261, 6:879

410 dissemination of results of, 1:477–78 Enterprise’s assessment of results of, 1:482 general provisions re, 4:449 installation and equipment provisions, 4:612–31 and legal claims on the Area, 6:162, 164, 171 for peaceful purposes, 1:261, 6:879 principles for conduct of, 4:461 promotion of, 1:477–78 Review Conference on, 1:269–71 safety zones around installations, 4:625 by States Parties, 1:261 States’ rights to, 1:320, 4:603–7 in superjacent waters, 4:605 and who may exploit the Area, 6:165, 167–68 artificial islands for, 1:316, 4:618–19, 622 assistance in, 1:314–15, 318, 320, 326– 27, 486 Authority’s role in, 6:160, 163–70, 6:169n, 6:172, 337–38, 348, 485 for the benefit of mankind, 6:160–61, 164–68, 170–71 Castañeda Group on, 4:434, 509–11, 651–52 cessation of, 4:569–80 coastal States’ consent to, 1:315–16, 318–20, 322, 334–35, 2:349–53, 4:490–91, 493–95, 501, 503–10, 512–13, 518–19, 528–31, 533, 535–36 coastal States’ rights re, 2:176, 3:83–84 communications re, 1:317–19, 4:554–57 compensation for damage caused by, 1:322 conditions to be complied with, 1:315, 317–19, 321, 4:537–53 conduct and promotion of, 4:488–611 consent to, 4:561–68, 594, 614–15 consent to, implied, 1:318–19, 4:561–68 and the continental shelf, 1:315–19, 2:898–99, 4:496–519 Convention on, 1:27 Convention on the Continental Shelf on, 3:522 cooperation between States and international organizations, 1:296, 314–15, 326 criteria/guidelines for, 1:318 damage from, 1:322 data from, 1:296, 314–15, 317–18, 324, 327, 4:530–31 Declaration of Principles on, 1:175, 4:431, 6:162–63 developing States on, 4:461

Index of Volumes I-VI developing States’ participation in, 6:160, 164–71, 224 of direct significance for exploration and exploitation, 1:316, 318 discretion about, 1:315–16, 318, 334–35 dispute settlement and interim measures provisions, 4:643–56, 4:647–48n.3, 4:657–61 dispute settlement re, 1:322, 334–35, 397, 399, 3:84, 5:85 and fisheries, 5:105 disseminating results of, 6:160, 166–67, 169–72, 337–38, 348 in enclosed/semi-enclosed seas, 3:343, 354, 356–57, 359–62, 364 Enterprise’s assessment of results of, 6:509 and the exclusive economic zone, 1:228, 315–19, 4:496–519 and exemptions from compulsory procedures, 5:137 experts in, 1:320, 397, 4:596 facilitation of, 4:597–602 facilities for, 1:296 feasibility of, 4:596 and freedom of the high seas, 4:429–30, 4:430n.3, 4:440, 455–56, 501–2, 609, 651, 655–56 general criteria and guidelines for, 4:558–60 general principles of, 1:313, 4:454–62 general provisions of, 1:313–14 general provisions re, 4:438–65 and geographically disadvantaged States, 1:319–20, 2:767, 2:767n in high seas, 1:244, 320 ICNT on, 6:168–71, 6:170n.7 importance to the international community, 6:171 industrial vs. nonindustrial, 4:442 information supplied by researching State to coastal States, 1:316–20, 4:526–36 installations or equipment for, 1:316– 18, 321, 4:459–60, 533, 612–31 international cooperation in (see under International cooperation) and international organizations, 1:261, 313–22, 326–27, 4:520–25 ISNT on, 6:166 landlocked and geographically disadvantaged states, rights of, 4:581–96 laws and regulations on, 1:318, 320, 2:481–87, 543 legal status of installations/equipment for, 4:620–22 and the marine environment, use of term, 4:442 and the marine environment concept, 4:456–57

Index of Volumes I-VI marine environment protection/ preservation data and information exchange, studies, and programmes, 4:91–93 national and regional marine scientific and technological centres, 4:719–33 national marine science, technology and ocean service infrastructures, 1:421, 436–38, 4:741–47 non-recognition as a legal basis for claims, 1:314, 4:463–65 notification of, 1:316–17, 319 obligations of researching States, 1:316–19 overview of, 4:429–37 for peaceful purposes, 1:261, 313–15, 4:457–59, 461, 6:149n.6, 6:160–62, 164–68, 170–71 principles governing, 1:313 programmes for, 1:232, 255, 261, 296, 318, 324–25, 4:702–5, 741–42 promotion of, 1:261, 313–20, 323, 326– 27, 477–78, 4:451–53, 488–611 and prospecting, 6:664–65, 6:665n.24 publication of data and results of, 1:314–15 pure vs. resource-oriented, 4:446–47 research projects, 1:315–3120 research results, 1:261, 314–15, 317– 18, 327, 477–78, 482 responsibility and liability for, 1:322, 4:632–42, 6:165 Review Conference on, 6:318–19, 323, 325, 329 and rights of neighbouring landlocked and geographically disadvantaged States, 1:319–20 rights to conduct, 1:313, 315, 317, 319– 20, 334–35, 4:438–50, 603–7 RSNT on, 6:166–67, 169 and safety, 6:204–5 safety zones around installations, 1:321, 4:625 samples derived from, 1:317–18 vs. scientific research generally, 6:163n.2 scientific research installations or equipment provisions, 4:612–31 and sea lanes, 2:206, 208 and shipping routes, 4:626–28 by States Parties, 6:160, 164–72, 224 suspension or cessation of project by coastal State, 1:319, 334, 4:569–80 in territorial seas, 4:488–95 and traffic separation schemes, 2:206, 208 training programmes for, 1:261, 314– 15, 327, 348 and transit passage, 1:221, 4:461 use of term, 3:84, 3:84n.20, 4:441–49, 755, 6:163, 168 in water columns, 4:608–11

411 Marine technology Authority’s monitoring of, 6:338 cooperation among international organizations for, 4:734–37 development of, 1:324, 478, 482, 6:485 development/transfer of, 4:665–737 basic objectives for, 4:683–88 general provisions, 4:671–79 guidelines, criteria, and standards, 4:699–701 international cooperation provisions, 4:696–718 legitimate interests, protection of, 4:680–82 measures for achieving, 4:689–95 overview of, 4:665–70 Enterprise’s assessment of, 6:509 national and regional marine scientific and technological centres, 4:719–33 use of term, 6:182–83 Marine transmissions. see High seas; Unauthorized broadcasting Maritime casualties (see also Incidents of navigation) in high seas, 1:246 and marine environment protection/ preservation, 4:205, 303–14 pollution from, 1:302, 307 use of term, 1:307, 2:39, 3:168–69, 4:303 Maritime ports, 3:450–54 (see also Ports) Maritime régimes vs. the high seas, 3:27–28 Maritime traffic, 1:214, 222 Maritime zones, marine scientific research in continental shelf and exclusive economic zones, 4:519 general provisions re, 4:449 information to coastal States, duty to provide, 4:526–36 installation and equipment provisions, 4:614 legal régimes for, 4:490–95 territorial seas provisions, 4:490 Market, 1:363 (see also Markets; Open market) Marketing, 1:286, 327, 361, 370 Markets access to, 1:264, 487, 6:235–36 Authority’s monitoring of, 6:337, 485 Enterprise’s monitoring of, 6:509 free market principles, 6:245 growth, efficiency, stability of, 1:265 policies on, 6:245–46, 251–52, 255 production policies on, 6:256, 260, 266, 268, 272, 274, 276, 279 value of processed metals in, 6:709–10 Market value, 1:358, 363–64 Marlins, 1:345

412 MARPOL 73/78. see Convention for the Prevention of Pollution from Ships (1973) MARPOLMON (Pollution Monitoring) System, 4:111n.2 Marsit, Mohamed Mouldi (of Tunisia), 6:547 Master File Containing References to Official Documents of the Third United Nations Conference on the Law of the Sea, 3:xxxix, 5:xxxiii Master of a ship or vessel, 1:216–17, 245–47, 300, 2:242, 4:321 Master’s certificates, withdrawal of, 3:165–67, 169, 507 Mauritania, 6:24–25 Mauritius, 5:93n.7, 6:776 Mavrommatis Palestine Concessions case, 5:18–19 Maximum sustainable yield, 1:231, 253–54 (see also Allowable catch; Living resources) May/shall. see Shall, use of term McNair, A. D., 1:147n.63 Means of transport, 1:256–57, 2:38 Measures, 5:84 (see also Provisional arrangements/ measures) Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, 3:187 Mediterranean Sea, 2:215, 510, 3:352– 53, 3:352n.6, 3:367, 4:28 Members, use of term, 5:459 Membership. see Arbitral tribunal; Authority; Commission on the Limits of the Continental Shelf; Council; Economic Planning Commission; Finance Committee; Governing Board; Legal and Technical Commission; Nationality; Sea-Bed Disputes Chamber; Special arbitral tribunal; Special chambers of the Tribunal; Suspension; Tribunal Members States, use of term, 2:43 Memorandum of Understanding between Certain Maritime Authorities in the Maintenance of Standards on Merchant Ships, 4:260n.1 Mendelevich, G. (of the Soviet Union), 6:22 Mensah, Thomas A., 4:329n.8 Merchant ships, 1:216–18, 2:237–47 Mero, John L., 6:10, 6:10n.27, 6:11 Metaini, M. (of Romania), 3:485 Metternich, Cornel A. (of the Federal Republic of Germany), 1:95, 116, 1:416n.39 Mexico (see also Latin American and Caribbean States; Latin American States)

Index of Volumes I-VI on artificial islands, installations and structures over the continental shelf, 2:924 on the collegiate system, 1:122 on the continental shelf, 2:972 on contracts, 6:720 on good faith and abuse of rights, 5:150–51 on landlocked States, 2:709 on marine scientific research, 4:446, 452, 533–34 on the Review Conference, 6:323–24 on review of the international régime, 6:315–16 on the Secretary-General, 6:483, 487, 492, 497 on the Statute of the Enterprise, 6:811 on UNCLOS III’s preparatory work, 1:54 on uses of the seabed, 6:22, 24–25 Micronesia, 2:653 Migratory species. see Anadromous stocks; Catadromous stocks; Highly migratory fish stocks; Highly migratory species Mile, nautical, use of term, 2:44, 2:44n.26, 4:757, 4:757–58n.12 Military (see also Warships) activities by in the Area, 6:147–48, 6:147n.1, 6:149 re exceptions to conciliation, 5:135– 37 exempt from certain procedures, 5:89, 95, 107 and marine environment protection/ preservation and vessel-source pollution, 4:204–5 and paramilitary activities, 5:136 vs. peaceful purposes, 3:88–89, 91, 3:91n.12, 5:154–55 and States’ rights/duties in the exclusive economic zone, 2:564 aircraft, 1:249–51, 308, 312, 336, 3:237–46, 4:326–29 devices, 1:214 disputes re, 1:336 purposes of, 3:85 ships and vessels, 4:326–29 Military and Paramilitary Activities in and against Nicaragua case, 5:199 Miller, Mr. (of the U.S.), 3:482 Mineral resources, 1:241–42, 258, 264, 269–70, 281–82, 487 (see also Development of resources in the Area; Exploration/exploitation; Minerals derived from the Area; Mining; Polymetallic nodules; Prospecting; Resources)

Index of Volumes I-VI Minerals (see also Development of resources in the Area; Exploration/exploitation; Minerals derived from the Area; Mining; Polymetallic nodules; Prospecting; Resources) alienation of, 6:101, 108–10 exporters and exports of, 1:264, 268, 275, 281, 485, 488 importers and imports of, 1:242, 264, 275, 485 nondiscrimination between sources of, 6:260 title to, 1:348, 6:658–60 use of term, 2:39, 6:69–78, 110 Minerals derived from the Area (see also Cobalt; Copper; Nickel; Polymetallic nodules) alienation of/claims to, 1:259 commodities produced from, 1:264–65, 275, 485, 487 consumers/producers of, 1:264–65, 275, 424, 477, 485, 488 marketing of, 1:286, 370 nondiscrimination between sources of, 1:487 other than polymetallic nodules, 1:267–68 processed metals, 1:363 title to, 1:348, 377 use of term, 1:258 Mining (see also Polymetallic nodules) and contracts, 6:714–15, 726 controversy over, 1:13 (see also Convention, U.S. rejection of; Green Book) economics of, 6:37 harmful effects of (see Environmental protection) marine technology development/transfer proposals re, 4:710 mine site availability, 6:271 mining rights, 6:11, 658 mining sector, 1:360–63 operations, 1:355, 428, 482–83 (see also Data, on mining; Equipment; Exploration/exploitation; Safety zones) seabed mining code, 6:55–56 seabed mining legislation, 6:834n.4, 835n technology for (see Design; Equipment; Technology; Testing) unilateral actions in, 1:60 Misuse of power, 1:291–92 MIT (Massachusetts Institute of Technology), 6:723, 6:726n Mitsubishi Group (Japan), 6:67n.237 Model Rules on Arbitral Procedure, 5:421–22

413 Modification, use of term, 5:247 Monetary penalties, 1:309–10, 351–52, 368, 4:362–70 Monetary practice, 1:364, 376 Mongolia, 2:1012 Monitoring, control and surveillance (see also Pollution; Vessels) environmental, 1:283, 297, 4:109–15 programmes approved by the Council, 1:283 radio frequencies for air traffic control, 1:221, 2:346 surveillance, 1:297 technical assistance in, 1:296 Monopolies Annex III on, 6:655–56, 685–89 and development of resources, 6:235 First Committee (UNCLOS III) on, 6:44–45 France on, 6:686–89 ICNT on, 6:687–88 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:689 Review Conference on, 6:318, 325, 328–29 Soviet Union on, 6:686 U.K. on, 6:686 Monopolization of activities in the Area, 1:264, 269–70, 353–54 Montevideo Declaration on the Law of the Sea (1970), 1:58–59 Montreal Guidelines for the Protection of the Marine Environment Against Pollution from Land-Based Sources, 4:133 Montreaux Compromise, 5:8–9 Moratorium periods for amendment/revision of the Convention, 5:244, 250–62, 269 for denunciation of the Convention, 5:279, 282–84 Moratorium resolution (resolution 2574 D (XXIV); General Assembly), 1:5–6, 172–73, 6:25–26n.90, 6:103–4 Morocco on aircraft, 2:339–40 on air space, 2:361 on the continental shelf, 2:964, 966, 971 Convention signed by, 5:164 on the exclusive economic zone, 2:811 on innocent passage, 2:194 on marine environment preservation/ protection, 4:407–10, 4:411n, 4:413 on marine scientific research, 2:351, 4:638, 641 on opposite or adjacent coasts, 2:139–40 on safety aids, 2:382–83 on ships, 2:339 on straits, 2:298, 327, 388

414 Most-favoured-nation clause, 1:256, 3:392, 396, 423–29, 3:427n, 3:618, 5:236 Most Seriously Affected (MSA) developing countries, 3:375 Mott, H. C. (of Australia), 1:410, 6:xlv, 6:35n.120 Mouths of bays, 1:211 Mouths of rivers and baselines, 1:211, 2:89, 109–12, 3:499, 550 territorial seas’ delimitation at, 3:480– 81, 499, 550 UNCLOS III sources on, 2:109–10 use of term, 2:42 MSA (Most Seriously Affected) developing countries, 3:375 Mud circulation. see Environmental protection Mushakoji, M. (of Japan), 3:481, 484 Mutatis mutandis provision, 5:191, 193 Mutiny, 1:248, 3:163–64, 203–5, 3:205n, 3:508 NAFO (North Atlantic Fisheries Organization), 3:301 Namibia, 1:408–9, 5:177, 180–82, 374, 5:459n.5, 6:348 Nandan, Satya N. (of Fiji) (see also Group of 21) Boat Paper group chaired by, 6:60n.223 compromise proposal on production policies by, 6:275–76 First Committee work of, 1:415n.39 informal negotiating group chaired by, 6:46, 270, 274–76 Information Notes issued by, 6:58n.221 on landlocked States, 2:711 on the moratorium clause, 6:330 Negotiating Group 4 chaired by, 1:94, 127, 417, 2:720, 6:655 pioneer area dispute settled by, 6:848 on pioneer investor status, 6:842 production policies group chaired by, 1:93 on scheduling of negotiations, 1:42 on the Second Committee, 1:93, 411, 2:xlvii, 3:xlv as Secretary-General of the Authority, 6:489 SNT work of, 1:116 on sources of/commentary on UNCLOS III, 1:xli on straits, 2:288 Nandan Group. see Group of 21 Narcotic drugs, 1:216–17, 249, 2:240 (see also Drug trafficking; Substances) National Council on Marine Resources and Engineering Development (U.S.), 6:13n.35, 15n.43 National cultural protection zone, 5:159n.2

Index of Volumes I-VI National Environmental Policy Act (NEPA; U.S., 1969), 4:122 National Institute of Standards and Technology (U.S. Dept. of Commerce), 4:758n.12 Nationality (see also Laws) of ad hoc chamber members, 1:392 of aircraft, 1:248–49 arbitral tribunal for overlapping claims of, 1:428–29 of arbitral tribunal members, 1:394–95 of arbitrators, 5:425–26 change of, by pioneer investor, 1:432 of Commission on the Limits of the members, Continental Shelf 1:345–47 concealed or absent, 3:125–27 of Finance Committee members, 1:490 and jurisdiction/control, 3:144n.5 loss of, 1:248 of a natural or juridical person for approval of plan of work, 1:481 for carrying out activities in Area, 1:268 for nondiscriminatory access to markets, 1:487 for registration as pioneer investor, 1:426–28 for representing a State Party in arbitration, 1:428–29 of pioneer investors, 1:432 of pirate ships or aircraft, 1:248, 3:209– 11, 509, 613 right of visit against ships without, 3:237, 240, 243–45 of Sea-Bed Disputes Chamber members, 5:366–67, 407 of ships or vessels, 1:218, 244–45, 248– 50, 3:103–9, 3:107n.7, 3:122–27, 606, 612 single vs. double, 3:122, 124 of special arbitral tribunal members, 1:398–99 of Tribunal members, 1:383, 386–87, 5:341–45, 365–69 use of term, 3:106 of warships, 1:218, 250 National jurisdiction. see Jurisdiction, national National laws and regulations (see also Laws) re assistance and facilitation for research vessels, 4:600 and coastal States’ enforcement obligations, 4:283, 285, 291–302 re dumping, 4:232–39 harmonization of, 4:12–14, 64–65, 132–34, 146, 203, 302 re ice-covered areas, 4:396–98 re pollution, 4:125–213, 215–26, 232– 39, 358–59

Index of Volumes I-VI re responsibility and liability, 4:407–15 re straits used for international navigation, safeguards re, 4:390–91 National liberation movements, 5:184, 299, 6:347, 6:398n (see also Authority, observers’ participation in) number of, 5:487 OAU on, 5:483–84, 486 as observers, 1:409, 439, 5:180, 483– 87, 6:349, 6:349n.28 signature by, 1:433–34 and transitional provisions, 5:481–82 National marine science, technology and ocean service infrastructures, 1:421, 436–38, 4:719–33, 741–47 National marine scientific and technological centres, 4:719–22, 741, 743 National maritime administration, use of term, 3:111, 4:375–76n.7 National ocean space, 4:491n.2 National security, and disclosure of information, 5:156–57 Natural or juridical persons, 1:356, 426–30, 432, 481, 487, 5:61–63, 411– 13, 6:618 Natural resources (see also Living resources; Mineral resources; Resources) of the Area, 1:262 coastal States’ rights/duties/interests re, 3:33–34, 70, 96, 287–88 of the continental shelf, 1:240–41, 3:575, 577 in enclosed/semi-enclosed seas, management of, 3:343, 354, 356–62, 364 of the exclusive economic zone, 1:228, 3:579, 583 exploration and exploitation of, 1:228, 240–41, 294, 316, 318, 323–24, 384 marine environment protection/preservation and exploitation of, 4:44–49, 61–63, 66, 6:190, 193–96 rights/duties/interests of States re, 3:33–34 sovereign rights of States to exploit, 1:228, 240–41, 293, 4:44–49 use of term, 1:241, 6:76 Nature and fundamental principles of the Authority, 1:271 (see also Authority) Nautical mile, use of term, 2:44, 2:44n.26, 4:757, 4:757–58n.12 Navigation (see also Archipelagic waters; Canals; Exclusive economic zone; Freedoms of navigation and overflight; Innocent passage; International navigation; Maritime casualties; Navigation, freedom of; Safety of navigation; Safety zones; Straits; Territorial seas; Traffic separation schemes)

415 aids to, 1:214, 223 arbitration of disputes re, 1:397–99, 3:34, 5:445 channels used for international navigation, 1:215, 226–27 danger in, 1:216, 223, 308 due regard to, 1:217, 221, 311 equipment for, 1:246 facilities for, 1:214 hazards to, 1:311 incidents of, 1:246–47, 307, 3:165–69, 3:166n (see also Collisions) interests of, 1:217 interference with, 1:230, 241, 263 marine environment protection/preservation and global nature of, 4:13–14, 283, 398 passage, use of term, 1:213 right of, 3:98–102, 3:99n.1, 5:85, 105 routes for international navigation, 1:220, 226–27 special arbitration re, 1:397–99, 5:445 Navigation, freedom of (see also Transit rights) and archipelagic waters, 2:406 and artificial islands/installations, 3:76– 79, 83, 633, 6:212, 6:212n on the continental shelf, 3:572–73 Convention on the High Seas on, 1:7, 3:505 the Convention vs. other agreements on, 5:238–39 Declaration of Principles on, 6:208–9 disputes re, 5:89–90, 95 in enclosed/semi-enclosed seas, 3:358, 361, 363–65, 631 in the exclusive economic zone, 3:583 on the high seas, 3:72, 74–79 and innocent passage, 3:81, 3:81n.15 vs. investigation of crimes, 3:471–72 Main Trends Working Paper on, 3:609 and marine environment protection/ preservation in developing countries, 4:12–13 and right of navigation, 3:99 Second Committee on, 3:461 in straits, 3:566–70 and vessel-source pollution policies, 4:182 Necessity, state of, 4:305n.2 Negotiating groups agenda items allocated to, 1:92 and Annex III, 6:654–56 on the Authority’s financial arrangements, 6:654–56 chairs of/issues addressed by each group, 1:417, 3:16–17 on contracts, financial terms of, 6:654 dispute settlement assigned to, 5:xiv establishment of, 1:21, 97–98, 417, 3:15–17

416 First Committee issues considered by, 6:45–47 gap filled by, 1:96 meeting procedures of, 1:98–99 Negotiating Group 1, 1:92–94, 97, 417, 2:502, 6:45 Negotiating Group 2, 1:92–94, 98, 417, 6:45 Negotiating Group 3, 1:92–94, 417, 2:832, 940, 6:45 Negotiating Group 4, 1:94, 97, 127, 417, 2:504, 631–33, 2:636n.28, 2:720–28, 2:720n.33, 2:756–63 (see also Group of 21) Negotiating Group 5 on allowable catch, coastal States’ discretion re, 2:731, 767 on delimitation of the continental shelf, territorial sea and exclusive economic zone, 2:832, 963 on dispute settlement, 2:504, 4:653, 5:76–77, 101–4, 144, 325 establishment/goals of, 1:94, 417, 5:12, 76–77 on good faith and abuse of rights, 5:151 and marine scientific research proposals, 4:511, 653 progress by, 1:127 size of, 1:97 Negotiating Group 6 on the Commission on the Limits of the Continental Shelf, 2:834, 867, 1006 on the continental shelf, 1:94, 128, 2:833–34, 856–57, 859–61, 863– 64, 867–69, 905, 942–44, 1006 establishment of, 1:417 marine scientific research proposals in continental shelf and exclusive economic zones, 4:513–14 meetings of, 2:859–60 on oceanic ridges, 2:834, 867 on revenue sharing, 1:94, 2:943 on Sri Lanka, 2:834, 861, 867–68, 1020, 1022 Negotiating Group 7 compromise package on conciliation, 5:125–28, 130, 5:130n.36 on conciliation, 5:113 on delimitation criteria, 2:968–70, 976 on delimitation disputes, 1:94, 2:504, 5:12, 118–19 on delimitation of the continental shelf and territorial sea, 2:140–41, 833–34 on dispute settlement, 5:118–22, 325 on equidistance and equitable principles of delimitation, 2:140, 812– 13, 965–67, 978, 5:12–13, 122–27

Index of Volumes I-VI establishment of, 1:417, 5:12 mandate of, 2:140 progress by, 1:126–27 on provisional arrangements, 2:969, 972–75 on reservations to the Convention, 2:985 on sea boundary delimitations, use of term, 2:274 private, 1:104–12 (see also specific groups) reports of each group, 1:417, 3:18–19, 4:xv secret, 1:111 size of, 1:92–93, 95–96, 98–99 work of, 2:16–17, 711–12 Negotiation. see Arbitration; Dispute settlement; Negotiating groups Neighbouring States (see also Landlocked States; Legitimate interests; Marine scientific research; Transit States) cooperation with, 1:247 immediately adjacent to an archipelagic State, 1:224, 226 information regarding, and participation in marine scientific research, 1:320 Nelson, Dolliver, 3:91n.9 NEPA (National Environmental Policy Act; U.S., 1969), 4:122 Nepal, 5:93n.6 Netherlands on amendment/revision of the Convention, 5:246 on the breadth of the territorial sea, 3:484 on compulsory procedures, 5:129 on conciliation process, 5:316–17, 323 on the continental shelf, 2:844, 957– 58 on dispute settlement, 5:93n.6 on enclosed/semi-enclosed seas, 3:349–50 on the exclusive economic zone, 2:536, 549, 803–4, 806 on final provisions, 5:189 on geographically disadvantaged States, 2:738–39 on the Green Book, 6:51n.195 on marine environment pollution/preservation, 4:363–64 on marine environment preservation/ protection, 4:245, 262, 350–51 on marine scientific research, 4:585, 616, 647–48, 657–58 marine technology development/transfer proposals by, 4:674 on opposite or adjacent coasts, 2:138 re participation clauses in proposed final provisions, 5:189

Index of Volumes I-VI on payments/contributions from exploitation of the continental shelf, 2:933, 943 on privileges and immunities of the Authority, 6:582, 584–85, 6:585n.4 on regional marine scientific and technological centres, 4:726–27, 731 on roadsteads, 2:125 on the Statute of the Enterprise, 6:769, 798, 812–13 on utilization of living resources in the exclusive economic zone, 2:625 Netherlands Antilles, 1:408–9, 2:292, 2:292n.48, 5:180 Net proceeds. see Contractors, net proceeds of New International Economic Order (NIEO), 1:462, 6:32n.106, 6:181–82 New York Convention on Special Missions (1969), 1:464n.29 New York Understanding, 6:849 New Zealand (see also Group of 11) on anadromous stocks, 2:669 on atolls, 2:92 on conservation/management of living resources, 2:599 on on enforcement of laws and regulations of coastal States, 2:789 on the Enterprise, 6:369 on exemptions from compulsory procedures, 5:136 on the Green Book, 6:51–52 on highly migratory species, 2:651–53, 997 on islands, régime of, 3:331–32 on the marine environment, 2:496–97 on payments/contributions from exploitation of the continental shelf, 2:935–36 on the right of hot pursuit, 3:252 on the Sea-Bed Committee, 6:22 on sedentary species, 2:687–88 on stocks in the exclusive economic zone, 2:641 on UNCLOS III’s preparatory work, 1:49 on utilization of living resources, 2:621–22 Nongovernmental NGOs. see organizations Nicaragua, 2:80, 805, 845, 902, 911, 5:199, 6:62n.226 Nickel, 1:427 (see also Minerals derived from the Area; Plan of work for activities in the Area; Polymetallic nodules) consumption of/demand for, 1:266, 6:267–70, 278–79 funds to transport, process and market, 1:374 net proceeds from, 1:360

417 production ceiling for, 1:266–67 production limits for, 6:257–59, 268–73 quantity to be recovered from Area, 1:265, 267, 360 reserved for the Enterprise, 6:258, 6:790n trend line values for, 6:257–58, 273 NIEO (New International Economic Order), 1:462, 6:32n.106, 6:181–82 Nigeria on baselines, 2:101 in the Boat Paper group, 6:60n.223 on the breadth of the territorial sea, 2:80 on the exclusive economic zone, 2:527– 28, 576–77 on exploration/exploitation of the Area, 6:303 on the international machinery, 6:24–25 on landlocked States, 2:699 on marine scientific research, 4:446, 452 on marine technology development/ transfer, 4:674, 707, 713–14 on regional marine scientific and technological centres, 4:724, 731 on States’ rights/duties in the exclusive economic zone, 2:557 Niue, 1:408–9, 5:180, 184 Nixon, Richard, 2:284, 6:26–27n.93 Njenga, Francis X. (of Kenya), 1:38n, 1:92, 417, 6:45, 270, 327, 654 Nodules. see Polymetallic nodules Nondisclosure of confidential information, 1:428, 490, 6:458, 461, 495–98, 571, 573, 730 Nondiscrimination in approval of plans of work, 1:353–54, 479, 482 by the Authority, 1:260, 268, 6:150, 233–34, 283, 285–91 in conservation measures re living resources, 1:254 in enforcement of pollution controls, 1:311 in Enterprise operations, 1:377–78 European Economic Community on, 5:192 financial, 1:357, 364, 366, 489 against fishermen, while conserving/ managing living resources, 3:304–9, 312–13, 589 against foreign vessels or ships, 1:216, 222, 309, 4:345–47 ISNT on, 6:286–88 in marine protection and preservation provisions, 4:396–97 between minerals, 1:487 policies on, 6:242 in production of minerals in Area, 1:265 production policies on, 6:256, 279–80

418 in sharing of benefits derived from activities in Area, 1:260 Nongovernmental organizations (NGOs) Asian Group, 1:69 Coastal States Group, 1:70–72 consultation with, 1:285, 405, 6:501–5, 6:504n.7 cooperation with, 6:501–5, 6:504n.7 Delimitation Group Supporting Equitable Principles, 1:78–79 Delimitation Group supporting the Median Line or Equidistance Principle, 1:78 Great Maritime Powers, 1:79–80 Group of 12, 1:80–81 Group of Archipelagic States, 1:77–78 Group of Maritime States, 1:79 homogeneous/heterogeneous groups, 1:69 LL/GDS, 1:69, 72–75 Margineers (Group of Broad-Shelf States), 1:76 marine environment protection and preservation, agreements dealing with, 4:33 and marine scientific research, 4:449, 477–78 membership in multiple groups, 1:69 Oceania Group, 1:79 Straits States Group, 1:77, 107 Territorialist Group, 1:75–76 UNCLOS III role of, 1:15, 68–86 interest groups, emergence of, 1:69–70 interest groups, overview of, 1:68–69 interest groups, usefulness in negotiations, 1:31, 54–55, 85–86 new special interest groups, 1:70–81 (see also specific groups) as observers, 1:408, 440–41 traditional groups, 1:70, 81–85 (see also specific groups) Non-interference. see Activities in the Area, accommodation of; Freedom of the high seas; Freedom of the seas; Navigation, freedom of Non-living resources, 1:228, 241–42, 316 (see also Minerals derived from the Area) Non-reserved areas, 1:269–70, 353–55 (see also Reserved areas) Non-target species. see Catches Noranda Exploration (Canada), 6:67n.237 North Atlantic Fisheries Organization (NAFO), 3:301 Northeastern Atlantic, 4:158 Northern Ireland, 6:400

Index of Volumes I-VI North Sea, 4:158 North Sea Continental Shelf cases,Â€1:454, 463, 2:137n.7, 2:807, 813, 829, 2:843n, 2:846, 953–54, 981–82, 5:30n.4, 5:199 North Sea Fisheries Convention (1882), 3:475–76 Norway on Annex III, 6:684 on armaments, 6:147n.1 on the Authority’s organs, 6:369 on the benefit of mankind, 6:137–38 on the breadth of the territorial sea, 3:484 on the continental shelf, 2:843, 967 on contracts, 6:726 on dispute settlement, 6:596 on environmental protection, 6:192 on the exclusive economic zone, 2:557, 561, 802 on exploration/exploitation, 6:305 on the Green Book, 6:51–52 marine environment preservation/protection, proposals by, 4:38 re dumping, 4:159, 234–35 re effects of activities, 4:122–23 and flag States’ enforcement obligations, 4:244 and obligations of conventions, 4:423 re pollution, 4:112, 128–29, 137–38, 150, 216–17, 223, 316–17 and port States’ enforcement obligations, 4:262 re transferring or transforming hazards or pollutants, 4:71 and use of technologies, 4:74–75 on marine scientific research, 4:564, 573, 658 on nondiscrimination, 6:288 on opposite or adjacent coasts, 2:135nn.3–4, 2:142 on policies on activities, 6:246–47 on preference/priority among applicants, 6:684 on preferential treatment for developing States, 6:288 on production policies, 6:267 on Resolution II, 6:837 on the Review Conference, 6:324–25 on review of the international régime, 6:316 on States’ rights/duties in the exclusive economic zone, 2:557, 561 on the Statute of the Enterprise, 6:811 on straits, 2:304, 319 Notice. see Due notice; Notification Notification (see also Declarations/statements/ notifications) of amendments, 1:344, 5:244, 267, 270–71

Index of Volumes I-VI of amendments, proposed, 5:172 of arbitrators’ appointment, 5:426 by the Authority, 1:430–31 to the Authority, 1:356, 430–31, 5:199, 289 by coastal States of dangers to the marine environment, 1:295, 301–2, 310 of reinforcement of laws and regulations, 1:238, 309–10 of suspension or cessation or marine scientific research projects, 1:319 of conciliation proceedings, 5:314, 326 by the Council, of seabed disputes, 1:280 by courts/tribunals, of application, 1:333 of damage, 1:295 of denunciation of the Convention, 1:343–44, 5:279, 282, 284 by developing State to Authority, of plan of work, 1:356 to diplomatic agent or consular officer of flag State, 1:217 of dispute settlement process, 5:75, 77 by the Enterprise, 1:375 to flag States, 1:217, 238, 309–10, 4:371–76 of imminent or actual damage, marine environment preservation/protection, 4:82–85 on incidents causing serious harm to the marine environment, 6:929 of institution of proceedings, 5:424 of intention to modify/suspend Convention procedures, 5:229 by international organizations, 1:316– 17, 319, 401–2, 5:460–61 in intervention cases, 5:394–95 of limits of the Area, 6:77–78, 81–85 marine environment preservation/protection proposals re, 4:195–96 of marine scientific research, 1:316–17, 319, 4:524–25, 595 by pioneer investor to the Authority, 1:430–31 re preliminary proceedings, 5:75 prior, system of, 1:260 of prospecting, 1:348, 6:665, 927–28, 950–51 re provisional application of the Agreement, 1:475, 480, 6:859 of provisional measures’ use, 5:52–59 of ratification and formal confirmation, 1:344, 5:199 by the Registrar of the Tribunal, 1:389–91 by the Secretary-General of the United Nations, 1:341–42, 344, 346, 5:289

419 re simplified procedure under the Agreement, 1:474–75, 6:858 of special agreements, 5:384–85 by State Parties re other conventions or international agreements, 1:341 by States Parties re arbitral tribunal, 1:393–94 re competence of an international organization, 1:401–2 re conciliation procedures, 1:379–82, 5:313–14 denouncing the Convention, 1:343 re dispute before Tribunal, 1:389 re special arbitral tribunal, 1:397– 99 re unfounded claim or abuse of legal process, 5:75, 77 Novakovitch, M. (of Yugoslavia), 3:486 Noxious substances (see also Substances) discharge by ships in a strait, 1:222 and innocent passage, 1:215 and marine environment preservation/ protection, 4:66, 134, 157, 159, 165, 181–82, 207–13, 390 release from land-based sources, 1:294, 298 sea lanes and traffic separation schemes for ships carrying, 1:215 Nuclear disarmament, 1:461–62 Nuclear-powered ships laws and regulations re, 2:217–20, 2:329n and sea lanes, 1:215, 2:204–5, 208, 210 straits used for international navigation, safeguards re, 4:383 and traffic separation schemes, 2:205, 208, 210 Nuclear submarines, 6:148 Nuclear substances laws and regulations re, 2:217–20 and sea lanes, 1:215, 2:204–10 and traffic separation schemes, 2:205– 6, 208, 210 Nuclear testing, 3:85, 527, 4:24, 317, 4:317n.9, 6:147n.2, 6:149 Nuclear Tests cases, 4:317 Nuclear weapons, 1:461–62, 2:329n, 3:85, 559, 6:147–48, 6:147n.2, 6:149, 210, 6:210n.1 OAS (Organization of American States), 5:26 OAU Declaration on Issues of the Law of the Sea (1973), 1:59, 83, 2:642, 651, 669–70 Objective, use of term, 4:295 Obligation, use of term, 4:40, 4:40n.7, 4:49

420 Observers, 1:423 in the Authority, 1:271, 285, 344, 6:336, 347–50, 6:348n, 349nn.27–28, 6:504–5 national liberation movements as, 5:180, 483–87, 6:349, 6:349n.28 and the Secretary-General of the United Nations, 1:344, 5:289 at UNCLOS I, 3:491–92 at UNCLOS II, 3:535–36 at UNCLOS III, 1:271, 405, 408–9, 438–41 at UNCLOS III, 5:233 Ocean Data Acquisition Systems (ODAS), 4:530, 532, 4:613–14n.1, 4:615 Ocean floor, 1:207–8, 239, 471 (see also Seabed/ocean floor/subsoil) Oceania Group, 1:79 Oceanic plateau, 1:225 Oceanic ridges, 1:239, 2:874, 876, 879 Ocean Management Incorporated (OMI), 6:67n.237, 838n, 842n.15, 6:847, 6:847n.24 Ocean Minerals (OMCO), 6:67n.237, 838n, 842n.15, 6:847, 6:847n.24 Ocean Mining Associates, 6:67n.237, 838n, 842n.15, 6:847, 6:847n.24 Oceanography/oceanology, 1:282, 327, 479 Oceans Center (University of Virginia School of Law), 3:ix Ocean space, 1:15, 19, 37–38, 406, 2:44, 85, 4:3, 442, 614, 757 Ocean thermal energy conversion (OTEC), 6:76 ODAS (Ocean Data Acquisition Systems), 4:530, 532, 4:613–14n.1, 4:615 Offences/offenders, 1:251, 3:189–92, 471–72 (see also Arrest; Detention; Hot pursuit, right of; Investigation; Unlawful acts (offences) against navigation safety; and specific offences, such as piracy) Office. see Term of office Office for Ocean Affairs and the Law of the Sea. see United Nations Office for Ocean Affairs and the Law of the Sea Office of the Special Representative of the Secretary-General for the Law of the Sea, 4:747 (see also United Nations Office for Ocean Affairs and the Law of the Sea) Officers consular, 1:216–17, 310 elected or appointed, 1:272, 284, 385, 423 of a ship, 1:218, 245–46, 250 Offices. see Authority; Enterprise; Facilities

Index of Volumes I-VI Official Records of the Third United Nations Conference on the Law of the Sea, 1:lii, 3:xxxiv, xxxix–xl, 4:xxxii, 5:xxviii, xxxiii–xxxiv, 303 Off-shore facilities, 1:212, 300, 303–5, 2:34, 122, 4:182, 291–92, 298–99 (see also Installations) Offshore Pollution Liability Agreement (OPOL), 4:182 Oil/gas reserves, 4:502 Oil/oily wastes, 1:222 OILPOL. see International Convention for the Prevention of Pollution of the Sea by Oil Oil pollution, 1:222, 4:4–8, 181, 193, 390 Oman, 2:358, 371, 382, 394 OMCO. see Ocean Minerals OMI. see Ocean Management Incorporated Omissions, 1:290–91, 369–70 Open market, 1:350–51, 486 (see also Market) Open registry shipping, 3:107 Operations Commission (Council), 6:477–78, 609–10 Operators, 1:265–67, 349–50, 356, 364– 65, 367–68, 429, 3:111 (see also Applicants; Contractors) OPOL (Offshore Pollution Liability Agreement), 4:182 Opposite or adjacent coasts (see also Delimitation) contiguous zone delimitation, 3:502, 563, 638–39 continental shelf delimitation, 2:948– 85, 3:522–23, 595 (see also under Continental shelf; Continental shelf, delimitation of) exclusive economic zone delimitation, 1:238–39, 2:506, 796–816, 2:800n.1, 3:595–96, 638–39 ISNT on, 5:117 States’ delimitation, 3:552–53 territorial sea delimitation, 1:212, 2:62– 63, 73, 82, 132–43, 2:135–37nn.3–7, 3:498–99, 502, 552–53, 638–39 use of term, 5:117 zone beyond the territorial sea, delimitation of, 3:598 Optional Protocol of Signature concerning the Compulsory Settlement of Disputes, 2:3, 3:3, 494, 525–26, 5:5n.4 Organization for Communications and Transit (League of Nations), 4:4 Organization of African Unity (OAU) (see also Declaration of the Organization of African Unity) on conservation/management of living resources, 3:292 dispute settlement by, 5:26 on islands, régime of, 3:328–29

Index of Volumes I-VI on landlocked States, 2:697 on national liberation movements, 5:483–84, 486 re participation in the Convention, 5:180 on the right to fish on the high seas, 3:282 UNCLOS III negotiation role of, 1:83–84 Organization of American States (OAS), 5:26 Organizations. see Food and Agriculture Organization; International organizations; Nongovernmental organizations; Regional organizations; Specialized agencies of the United Nations; United Nations; and specific organizations Organs, 1:277, 280–81, 284, 491 (see also Authority, organs of) Oslo Regional Conference on Ocean Dumping, 4:91–92 OTEC (ocean thermal energy conversion), 6:76 Outer edge, 1:239–40 Outer limits of air space, 2:86 of the contiguous zone, 2:86 of the continental shelf, 1:240, 243, 258, 346–47 of exclusive economic zones, 1:233–34, 239, 2:86, 817–21 of the territorial sea, 1:209, 212, 2:62– 63, 82–86 Outer space, 2:73, 6:11n.30 Outfall structures, 4:128–34 Overflight (see also Navigation, freedom of; Safety of navigation) in archipelagic sea lanes, 1:226–27 the Convention vs. other agreements on, 5:238–39 danger in, 1:216, 223 in exclusive economic zones, 1:229 freedom of, 1:7, 3:72, 74–79, 81–82, 96–97, 505, 566–70, 583 in high seas, 1:244 settlement of disputes over, 1:334, 5:85, 105 in straits, 1:220, 223 Overlapping claims to pioneer areas, 1:428–29 (see also Nationality) Owners, use of term, 3:111 Oxman, Bernard (of the U.S.), 2:520n, 3:91n.9 Pacific Islands, Trust Territory of, 1:409, 5:180, 183–84 Pacific Ocean, 2:215–16, 884 Pacific Settlement of International Disputes (Hague Convention), 5:311

421 Pact of Bogotà (American Treaty on Pacific Settlement; 1948), 5:26, 311 Pakistan on conservation/management of living resources, 2:607 on geographically disadvantaged States, 2:745 on highly migratory species, 2:656 on the international machinery, 6:24–25 on landlocked States, 2:701, 713, 3:413 on marine environment preservation/ protection, 4:238, 367 on marine resources, 6:13–14 marine technology development/transfer deliberations by, 4:708, 716, 718 on national and regional marine scientific and technological centres, 4:720–21 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:744–45 on transfer of rights to exploit living resources, 2:777, 780 on utilization of living resources in the exclusive economic zone, 2:631 Palestine Liberation Organization, 5:484, 487, 6:348n Pan Africanist Congress of Azania, 5:487 Panama, 2:118, 5:91n, 6:62n.226, 6:483, 487, 492, 497 (see also Latin American and Caribbean States; Latin American States) Papua New Guinea, 1:408–9, 2:461, 967, 5:180 Paraguay on conservation/management of living resources, 2:600 on equality of treatment in ports of transit States, 3:452–53 on free zones, 3:438–39 on landlocked States, 2:701, 706, 3:403, 425–26, 432, 443, 447 on sovereignty, 2:71 on transit facilities, 3:456 Parallel system Enterprise under, 1:26, 6:516–17, 520 of exploration/exploitation, 6:297, 304– 5, 310 First Committee (UNCLOS III) on, 6:39–45 Group of 77 on, 6:315, 516–17 Kissinger on, 6:297, 305, 315, 322, 516, 760, 810 and the Review Conference, 6:322, 328, 333 and technology transfer, 6:176–77, 186, 6:186n.19 Pardo, Arvid (of Malta), 1:xxvi, 3, 15, 6:6, 16–18, 6:29–30n.98, 6:651

422 Paris Agreement (1930), 6:642n Part XI, 6:877–921 (see also Agreement (1994); Group of Legal Experts on Settlement of Disputes on Part XI) on activities in the Area, and the marine environment, 6:882 and the ad hoc chambers of the Sea-Bed Disputes Chamber, 5:409–11 amendments to, 1:486, 5:255 application of Part XV provisions to disputes submitted under, 5:35–36 on archaeological/historical objects, 6:883 on the Assembly, 6:893–97 on the Authority, 6:65, 348–49, 886–87, 889–93, 913–16 on the benefit of mankind, 6:879 on coastal States’ rights/interests, 6:879 on the common heritage of mankind, 6:877 on the Council, 6:897–910 on developing States’ participation, 6:882 on dispute settlement, 6:918–21 on economic assistance, 6:886, 896–97 on the Economic Planning Commission, 6:906 on the Enterprise, 6:912–13 on exploration/exploitation, 6:887–88 on the Finance Committee, 6:904, 908–10 general provisions for, 5:35–36, 6:877 Group of Legal Experts on, 5:13 on human life, protection of, 6:882 interpretation/application of, 1:290–92, 5:409 on legal status of superjacent waters/air space, 6:877 on legal status of the Area, 6:878 limitations to, 6:90–91 on marine environment’s protection, 6:881 on marine scientific research, 6:879–80 overview of, 6:4–5, 29, 46, 49–50, 52, 6:64–65nn.228–233, 6:64–68 on peaceful purposes, 6:879 on periodic review, 6:888 on policies re activities in the Area, 6:883–84 on production policies, 6:884–86 resources, use of term, 5:266, 6:877 on responsibility to ensure compliance and liability for damage, 6:878 on the Review Conference, 6:888–89 scope of, 6:877 on the Secretariat, 6:910–11 on States’ general conduct, 6:878 on suspension of rights/privileges of members, 6:918 on technology transfer, 6:880–81

Index of Volumes I-VI Part XII (see also Marine environment) on enforcement, 4:214–319 general provisions of, 4:35–76 on global and regional cooperation, 4:77–97 on ice-covered areas, 4:392–98 on international rules and national legislation for pollution prevention, reduction, and control, 4:125–213 introduction to, 4:3–22 on monitoring and assessment, 4:109–24 on other conventions for marine environment preservation, 4:422–26 overview of, 4:3–22 on responsibility and liability, 4:399– 415 on safeguards, 4:320–91 on sovereign immunity, 4:416–21 structure of, 4:18 on technical assistance, 4:98–108 title and terminology issues re, 4:9–10 as an umbrella provision, 4:21–22 use of terms in, 4:14–22 Part XIII (see also Marine scientific research) on conduct and promotion of marine scientific research, 4:488–611 on dispute settlement and interim measures, 4:643–56, 4:647–48n.3 general provisions of, 4:438–65 on international cooperation, 4:466–87 organization of, 4:435–36 overview of marine scientific research, 4:429–37 on responsibility and liability, 4:632–42 on scientific research installations or equipment, 4:612–31 Part XIV. see Technology transfer Part XV, 3:35–36 Part XVII (Special Arbitration), 5:463–64 Participation in the Convention. see Convention, participation in Partnership or consortium, 1:349, 353 Part VII. see High seas Party, use of term, 5:175 Pasha, Abdel Hamid Badaoui (of Egypt), 3:483 Passage, 2:38, 158–63, 3:468 (see also Aircraft; Archipelagic sea lanes passage; Archipelagic States; Archipelagic waters; Due publicity; Exclusive economic zone; Foreign ships or vessels; Innocent passage; Landlocked States; Laws and regulations; Navigation; Noxious substances; Overflight; Régimes; Straits; Tankers; Transit passage)

Index of Volumes I-VI Patrimonial sea. see Exclusive economic zone Payments (see also Contributions; Economic assistance) arrears in, 1:290 by or to the Authority for operations in the Area, 1:279, 356, 358–64, 429, 489 by the Authority to the Secretary-General and staff, 1:289 to the compensation fund, 1:286–87, 424 of corporate income taxes, 1:363 by developing States, 1:242 by the Enterprise to the Authority, 1:374 equitable sharing of, 1:242, 274, 279 for exploitation of the continental shelf, 1:274, 279 of share of net proceeds, 1:358–64 PBE Series, 6:653, 6:653n.9 Peace and security, 1:3–4, 207, 259, 6:112–17, 6:113n, 116n.8 (see also Good order and security; Security) Peaceful dispute settlement. see under Dispute settlement Peaceful purposes and the Charter of the United Nations, 3:89–91 Declaration of Principles on, 1:173–74, 6:146–47 high seas as reserved for, 1:244, 3:85, 87–92 installations to be used for, 1:263, 6:149n.5, 6:206, 210, 212–13 ISNT on, 3:89 marine scientific research for, 1:261, 313–15, 4:457–59, 461, 6:149n.6, 6:160–62, 164–68, 170–71, 879 vs. military activities, 3:88–89, 91, 3:91n.12, 5:154–55 reservation of the seabed/ocean floor for, General Assembly resolutions on, 1:161–73, 2:2–3, 3:xxxiii, 2–3, 6:21, 78–79 (see also Moratorium resolution) Review Conference on, 6:318–19, 323, 325, 329 RSNT on, 3:89 use of term, 3:90–91, 3:91n.9 use of the Area for, 1:260, 270, 6:28– 29, 145–50, 6:147nn.1–2, 6:149, 6:149nn.4–7, 6:208, 879 Peaceful uses of the seas, 1:207, 337, 461–62, 5:153–55 Pearson, Mr. (of Canada), 3:482 Pemba Channel (Tanzania), 2:328–29 Penal action in matters of collision or navigation incident, 1:247, 3:165–69, 3:166n, 3:507, 608

423 Penal jurisdiction, 1:216–17, 247 Penal proceedings, 4:356–57 Penalties (see also Monetary penalties) Annex III on, 6:745–48 for contractors, 1:368, 6:312 for contract violations, 1:368, 6:676, 745–48 for fisheries laws/regulations violations, 1:238 against foreign ships or vessels, 1:238, 309–10 against pirate ships or aircraft, 1:249 for pollution violations, 1:304, 309–10, 4:244, 357–58, 362–70 Pérez de Cuéllar, Javier, 3:xv–xvi, 6:4 (see also Informal Consultations) Performance requirements, 1:265–66, 365, 367 Permanent Court of Arbitration, 5:422–23 Permanent Court of International Justice, 3:389, 5:18–19, 30, 152, 5:225n.2, 6:642n Permits. see Licenses Persia, 3:485 Persons assistance to, 1:213, 247 (see also Search and rescue services) connected with the Authority, privileges and immunities of, 1:289, 6:574–78 danger to, 1:213, 247 innocent passage of, 3:470 juridical, use of term, 6:618 Peru (see also Latin American and Caribbean States; Latin American States) on amendment/revision of the Convention, 5:246–47, 249–50, 252, 254 on artificial islands, installations and structures, 2:581 on broadcasting from the high seas, 3:234, 3:234n on conservation/management of living resources, 2:607–8 on the contiguous zone, 2:271–72 on the continental shelf, 2:494, 966, 972 on the Convention vs. other agreements, 5:237–38 on the draft Agreement, 6:62n.226 on drug trafficking, 3:227 on exceptions to compulsory procedures, 5:137 on the exclusive economic zone, 2:536, 540–41, 560–61, 563, 568, 581 on fishing/fisheries, 2:34–35, 5:91n on geographically disadvantaged States, 2:764 on highly migratory species, 2:999 high seas proposals of, 3:32n.13, 3:125, 3:125n.3

424 on the ICNT, 3:21–22 on immunity of ships on government noncommercial service, 3:160–61 on landlocked States, 2:706 on Main Committees, 5:172–73n.20 on marine environment preservation/ protection, 4:141 on marine mammals, 2:661–62 on marine scientific research, 4:470–71, 476–77, 535, 588–89 and national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:746 on noncompliance of warships with coastal State laws and regulations, 2:255n on nondiscrimination, 5:192 on opposite or adjacent coasts, 2:140 on peaceful purposes on the high seas, 3:89 on periodic review of the law of the sea, 5:293–94, 5:293n on piracy, 3:183–84, 199–200 on pirate ships/aircraft, seizure of, 3:214–15 on residual rights of coastal States, 2:530 on Resolution II, 6:841 on the right of hot pursuit, 3:255–56 on the right of visit, 3:242–44 on the Secretary-General, 6:483, 487, 492, 497 on settlement of disputes, 2:568 on States’ rights/duties in the exclusive economic zone, 2:560–61, 563 on transit States’ sovereignty, 3:372n.5 on warships’ immunity, 3:155 Philippines on aircraft, 2:486–87 on archipelagic States, 2:400, 414, 418– 19, 427, 435 on baselines for archipelagic States, 2:418–19, 427, 435 on the breadth of the territorial sea, 5:225 on historic waters, 2:115, 137 on innocent passage, 2:460–61 on the international machinery, 6:24–25 on sea lanes, 2:470–71, 474, 476, 486–87 Pinke, A. S., 2:59 Pinto, Christopher (of Sri Lanka), 1:92, 116, 1:415n.39, 6:37–39, 6:37n.124, 6:106–7, 220, 518, 652, 699 Pioneer activities, 1:426–29, 432, 2:39, 6:824, 846 (see also Pioneer areas; Pioneer investors) Pioneer areas, 1:427–29, 432, 2:39, 6:824–26, 839, 841, 843–44, 846 (see also Application)

Index of Volumes I-VI Pioneer investors (see also Applicants; Exploration; Pioneer activities; Pioneer areas; Régimes) Annex III on, 6:694–97, 6:694n.45, 696n certificates for, 1:427, 432, 478 and certifying State, 1:427, 430, 432, 477 and commercial production, 1:429–31 conflicts among, 1:428–29 devolution of rights of, 1:426 duties of, 1:427, 429, 432 expenditures of, 1:426–27, 429, 6:743– 44, 6:744n and exploration/exploitation, 6:311 factual report on fulfillment of obligations by, 1:478–79 fees for, 1:429, 478–79 first, 6:67, 6:67n.237, 6:696–97, 6:696n, 697n.48, 842n.15, 6:847, 6:847n.24 nationality of, 1:432 notification by, 1:430–31 plans of work by, 1:429–30, 478–79 Preparatory Commission on, 1:432, 6:56 production authorizations for, 1:430–32 registered, 1:426–29, 432, 477–79, 6:56, 825–26, 832, 845, 847 and reserved areas, 6:698n.52 Resolution II on (see Resolution II) use of term, 1:426, 6:823–24, 840–42, 6:842–43n.16, 6:845 PIP. see Preparatory Investment Protection Pipelines. see Cables and pipelines, submarine Piracy (see also Pirate ships or aircraft; Right of visit) on aircraft, 1:248–49, 3:201–2 boarding of pirate ships, 1:250 Convention on the High Seas on, 3:508–9 on the high seas, 1:248–49 Main Trends Working Paper on, 3:199, 612–14 penalties for, 3:614 pirate ship or aircraft use of term, 3:206–8 repression of, 1:248, 3:182–85, 508, 613 use of term, 1:248, 2:38, 3:164, 196– 202, 3:201n.8, 3:508, 613 by a warship, government ship or government aircraft, 1:248, 3:203–5, 3:205n, 3:508, 613 Pirate broadcasting. see Broadcasting from the high seas, unauthorized Pirate ships or aircraft hot pursuit of, 3:185, 215 nationality of, 1:248, 3:209–11, 509, 613

Index of Volumes I-VI right of visit against, 3:215, 237, 239– 42, 244–45 seizure of, 1:249–50, 3:212–19, 3:219n, 3:220–23, 3:222n, 3:509, 613–14 use of term, 2:38, 3:508–9, 613 Planes. see Aircraft Plan of work for activities in the Area (see also Application; Contractors; Nationality; Notification; Partnership or consortium; Pioneer investors; Production authorizations; Sponsorship) approval of, 1:278, 348–49, 351– 54, 357, 367–69, 376, 429–30, 477–85 approved, 1:265–66, 268–70, 278, 348– 49, 353–56, 477–81, 487 area covered by, 1:349, 353, 355, 364– 65, 367–68 categories of resources, 1:349, 365–68 commercial production under, 1:265– 66, 269–70, 361, 367 in contract form, 1:268–69, 349, 352– 53, 357, 477–79, 481, 483 data supplied to the Authority, 1:355, 364–65 by the Enterprise, 1:278, 348–49, 355– 56, 376, 430, 482–83 equipment and methods, 1:350, 366–67 evidence accompanying, 1:356 for exploration and exploitation, 1:348– 49, 353, 356, 365–67, 430, 477–83, 487, 489 extension of, 1:479–80 fee for administrative costs of, 1:357, 429, 478–79, 489 formal written, 1:268–69, 282, 372, 376 interim period of, 1:265–67, 353–54 interpretation or application of, 1:291 Legal and Technical Commission’s recommendation for, 1:278, 478–79, 484–85 priority among applicants, 1:356, 430 qualifications of applicants, 1:349–51, 353–54, 478 quantity of nickel to be recovered under, 1:265, 267 renunciation of areas, 1:368 reservation of areas, 1:355–56, 480, 483 supplementary production authorizations for, 1:267 termination of, 1:480–81 terms and conditions of, 1:265, 349, 353, 364, 366–67, 488 transfer of rights and obligations, 1:369 transfer of technology to the Enterprise, 1:351, 353 Plans of work (see also Annex III; Enterprise, contracts/plans of work; Plan of work for activities in the Area)

425 Agreement on, 6:681–83 Annex III on, applicants for, 6:651, 690–97, 6:694n.45 application/authorizaton for, 1:348–55, 357, 430, 432, 6:256–57, 260, 272, 275–76, 278–79, 6:930–32nn.1–4, 6:930–39, 6:936–37nn.7–8, 939n approval of Annex III on, 6:650–51, 665–67, 674–75, 680–90 by the Authority, 6:103n.3, 6:337 by the Council, 6:435–39, 442–43, 447–48, 450–54, 901–2 period for, 6:103n.3 Authority’s monitoring of, 6:337 and contractors right to explore for/ exploit minerals, 6:103n.3 Council’s decision-making on, 6:407, 426, 430, 701, 6:701n.58 Eight-Power Group on, 6:686 for the Enterprise, 6:304, 311, 510, 522–23, 702–4, 6:704n, 6:705–6, 6:705n and environmental protection, 6:198– 99 for exploration/exploitation, 6:103n.3, 6:293, 297, 304, 306–9 industrialized States on, 6:684 ISNT on, 6:683 Japan on, 6:686 Legal and Technical Commission’s recommendations re, 6:407, 426, 436– 38, 442–43, 447–48, 450–54, 701, 6:701n.58 and production policies, 6:236–37 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:688–90 Resolution II, 6:700n, 6:827–28, 832, 850, 6:850n.33 RSNT on, 6:683 Sea-Bed Disputes Chamber on, 6:619, 6:619n.18 Soviet Union on, 6:686 Plateaus, 1:225, 240 Platforms, 2:34, 4:613n (see also Dumping; Environmental protection; Pollution) Plenary (see also Informal Plenary) adoption of compromise on “all States,” 5:182 adoption of the Convention, process leading to, 1:132–34, 5:xiv agenda items allocated to, 1:87 debate on preamble and final provisions, 1:455–56, 1:456n.18, 1:458, 461, 466 formal/informal meetings of, 1:91–92, 5:xxviii–xxix (see also Informal Plenary) on ICNT preparation, 1:123–24

426 marine environment preservation/protection deliberations of, 4:310, 327, 367 Second Committee’s work on, 2:10–11, 3:10–11 on special arbitration, 5:444–45 Plenary, reports to on marine environment preservation/ protection, 4:411–12 on marine scientific research obligations re assistance and facilitation for research vessels, 4:602 re the continental shelf and exclusive economic zones, 4:515–16 re dispute settlements and interim measures, 4:653–54 re international cooperation, 4:476 re international organizations projects, 4:522 and rights of landlocked and geographically disadvantaged states, 4:589 on regional marine scientific and technological centres, 4:728–29 Pohl, Reynaldo Galindo (of El Salvador) chair of informal group, 5:7 on dispute settlement, 5:88, 92, 6:601–2 Private Group on Settlement of Disputes chaired by, 1:110 on the Second Committee, 1:107, 411, 2:xlvii, 1, 3:xlv, 1–2 Poland on the Assembly, 6:378, 392 in Assembly working group on the rules of procedure, 6:384 on the Authority’s organs, 6:366 on the breadth of the territorial sea, 3:485 on the Council, 6:420 on the exclusive economic zone, 2:517, 538 on the limits of the Area, 6:80 on marine scientific research, 4:482, 615 as a pioneer investor, 6:67, 696–97, 6:696n on the Secretary-General, 6:483 on the SNT, 1:115 on the Statute of the Enterprise, 6:811 on straits, 2:303 on UNCLOS III’s preparatory work, 1:53–54 Policies on activities in the Area, 6:240–56 (see also General Agreement on Tariffs and Trade) Australia on, 6:252, 6:252n on the Authority, 6:242–43, 246–48, 251, 254

Index of Volumes I-VI and the benefit of mankind, 6:242–43, 251–52, 883 Canada on, 6:241, 252 controversy over, 6:250 on developing States’ needs/interests, 6:243–50, 252, 254–55, 883 on development and management of the Area/resources, 6:240–41, 243–44, 253 on economic assistance to developing States, 6:246 on efficiency/rational management, 6:243–44, 247–49, 251, 254 on equitable sharing, 6:242–46 Federal Republic of Germany of, 6:250 France on, 6:250 on geographically disadvantaged States’ needs/interests, 6:245 Group of 77 on, 6:247 ICNT on, 6:247–48, 251–52 on international cooperation, 6:245, 248–49, 251, 253–54 ISNT on, 6:243–45 Japan on, 6:241n on knowledge promotion, 6:244 and landlocked producers vs. potential miners, 6:254 on landlocked States’ needs/interests, 6:245 Latin American and Caribbean States on, 6:241 LL/GDS Group on, 6:245, 247 on markets, 6:245–46, 251–52, 255, 883–84 on nondiscrimination, 6:242 Norway on, 6:246–47 overview/fundamental aims of, 6:233– 37, 240–41 Part XI on, 6:883–84 on prices, 6:240–43, 245–52 vs. production policies, 6:248, 265, 271 (see also Production policies) RSNT on, 6:246–47 Soviet Union on, 6:247 Tanzania on, 6:240–42 on technology transferred to the Enterprise, 6:248–49, 251, 254, 883 U.S. on, 6:244–45, 253 on the world economy, 6:243–44, 247– 48, 251, 253–54, 883 Political independence, 1:213–14, 221, 337 Pollution (see also Aircraft; Cooperation; Damage; Danger; Diplomatic conference; Discharge; Drilling; Dumping; Enforcement; Evidence; Exclusive economic zone; Foreign ships or vessels; Installations; Internal waters; Jurisdiction; Land-based sources of pollution; Laws and regulations;

Index of Volumes I-VI Monetary penalties; Monitoring, control and surveillance; Noxious substances; Nuclear testing; Penalties; Proceedings; Responsibility and liability; Risk; Rules, standards and recommended practices and procedures regarding pollution; Violations) and accommodation of activities, 6:208–9, 211 from activities in Area, 1:262, 299, 303 from aircraft, 1:208, 302–3, 307, 4:56n.8, 4:59 of air space, 1:302, 307, 4:207–13, 319 from artificial islands, 1:298, 302–3 assistance to developing States re, 1:296–98 atmospheric, 1:294, 302, 307, 4:58, 60, 207–13, 315–19 Canada on, 6:193, 6:193n and coastal States, 1:215, 2:373–76, 4:89, 137–46, 149, 152–54, 176–206, 226, 232–39, 6:151–59 communications re, 1:297, 300–301, 4:288–90 compensation for damage from, 1:311– 12, 4:66 of the continental shelf, 1:241, 299, 303, 3:574 contingency plans to respond to, 1:295 control of, 1:223, 293–96, 6:190, 192– 98, 6:193n, 195n, 6:215 Convention on, 1:26–27 Convention on the High Seas on, 3:511 damage from, 1:295, 311–12, 4:7, 66, 6:151–59 data on, 1:296, 4:92 due publicity to coastal States’ laws on, 1:215 from dumping, 1:208, 294, 299–300, 303, 397–99, 3:511 dumping regulations enforcement, 1:303, 4:155–68, 232–39 (see also Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter) in enclosed/semi-enclosed seas, protection from, 3:630 of estuaries, 1:208, 298 in the exclusive economic zone, prevention/control of, 3:579, 596–97 experts on, 1:397 flag States’ duties to avoid, 3:138, 141, 151 harm to living resources by, 1:208 from installations, 6:197, 215 international regulations to control, 3:608 loss or damage claims due to, 1:310 of the marine environment, 1:208, 4:243–57

427 and marine environment protection/ preservation activities in the area as source of, 4:147–54 contingency plans against, 4:86–89 in ice-covered areas, 4:392–98 international rules and national legislation for prevention, reduction, and control, 4:125–213 land-based pollution, enforcement of laws and regulations on, 4:214–21 prevention, reduction and control, 4:50–68, 4:55–57n.8, 59–61n.9 responsibility and liability, 4:407–8 risks and effects of, monitoring for, 4:109–15 seabed activities, national jurisdiction over, 4:135–46 Soviet proposals re, 4:61 structure of Part XII provisions re, 4:18 re transferring or transforming hazards or pollutants, 4:69–72 treaties on, 4:6–8, 27–33 use of terms, 4:60n.9 vessel-based pollution, 4:176–206, 4:184–85n.8 from maritime casualties, 1:302, 304, 307 measures to deal with sources of, 1:294 minimizing of, 1:223, 294, 299–300 nondiscrimination in enforcement of controls, 1:311 notification of damage from, 1:295 from oil, 1:222, 4:4–8, 181, 193, 390 from platforms, 1:208 from radio-active materials, 3:527–28 reports on, 1:297 responsibility/liability for, 6:127 risk or effects of, 1:283, 296–97, 308, 4:109–15 scientific research on, 1:296 from seabed activities, 1:298–99, 302–3 seabed activities enforcement, 1:302–3, 4:222–26 from ships and vessels, 1:223, 301–2, 2:344 in special areas, 1:301 and straits, 1:222, 2:379–83 from structures, 1:298–99, 302–3 training in prevention of, 1:296 transforming one type into another, 1:294–95 use of term, 2:27, 31, 33–34, 4:53n.1, 60n.9 by vessels, 3:34, 5:445, 6:159, 197, 215 Pollution, Scientific Research, and Transfer of Technology Sub-Committee (SC.III), 5:xxvii Pollution Monitoring (MARPOLMON) System, 4:111n.2

428 Polymetallic nodules (see also Minerals derived from the Area; Prospecting) cobalt, 6:10, 6:10n.27, 6:259 data re, 1:355, 428 equipment for exploitation, 1:427 evaluation, location and grade of, 1:426–28 exploration for and exploitation of, 1:279, 353, 426–27 manganese, 6:10–11, 31–32, 259 and marine environment preservation/ protection, 4:154n.4 marine technology development/transfer re, 4:710 minerals derived from, 1:267 polymetallic, use of term, 6:76n.7, 6:824, 846 processed metals produced from, 1:358, 360–61, 363 production charge, 1:358 production policies on, 6:259 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, 6:651, 664, 669, 674, 688, 6:688n.39 resources of Area, 1:258 sale of, 1:363 sampling of, 1:355 semi-processed metals from, 1:360–62 transporting of, 1:360–62 use of term, 1:427, 2:39 Pomfrets, 1:345 Pope, dispute settlement by, 5:134 Ports of arrival, 4:266–67 boarding/inspection by port States, 3:656 and breadth of territorial seas, 3:478 of call, 1:245, 247, 300, 306, 3:127 coastal State requirements for entry into, 1:300 drug trafficking in, 3:230 equipment at, 1:257 facilities of, 1:213, 216, 2:162, 232 foreign vessels within, 1:257, 300, 304– 6, 3:465 in marine environment protection/preservation proposals, 4:266–67, 275, 291–92, 297–302 maritime, use of term, 3:454 of registry, 1:247, 306, 3:106–7 and territorial sea delimitation, 1:211– 12, 2:120–22 unsafe, 1:308 use of term, 2:122, 162, 3:440, 555 Port States, 1:304–5, 2:43, 4:234–37, 256, 258–72, 275, 286–90, 350–52, 372 (see also Flag States; Investigation; Violations)

Index of Volumes I-VI Portugal on amendment/revision of the Convention, 5:247, 249–50, 252, 254 on the breadth of the territorial sea, 3:485 on conservation/management of living resources, 2:608 on dumping, 2:34n, 2:35 jurisdiction granted by Elizabeth I, 6:5, 6:5n.5 on marine environmental protection, 4:409–12 marine scientific research recommendations of, 4:430n.3, 4:640–41 marine technology development/transfer, proposals for, 4:708, 735 on periodic review of the law of the sea, 5:293–94 on the Sea-Bed Committee, 6:22 on stocks in the exclusive economic zone, 2:644 on the Tribunal, 5:339, 5:339n.17 Portuguese language, for authentic texts, 5:304 “Possible impact of the Convention with special reference to article 151 [production policies], on developing countries which are producers and exporters of minerals to be extracted from the Area,” 6:51 Potential applicants, use of term, 6:689n.42 “Potential financial implications for States Parties to the future Convention,” 6:50 Powers and functions (see also Assembly, powers/functions of; Authority, powers/functions of; Council, powers/functions of; Economic Planning Commission; Enterprise, powers and functions of; Legal and Technical Commission) of the Authority’s organs, 1:425 of the Governing Board, 6:763, 784–86, 6:786n re marine environment protection/preservation, 4:264, 283, 321, 325–33, 397 of the Preparatory Commission, 1:424 of the Sea-Bed Disputes Chamber, 1:386 Practices, 1:301 (see also Procedures) Preamble. see under Convention Preference/priority among applicants, 6:704–5 Preliminary Conference on Oil Pollution of Navigable Waters (1926), 4:4 Preparatory Commission and applicable law, 5:73

Index of Volumes I-VI Authority’s implementation of decisions by, 6:337, 370, 484 and the Authority’s size/activities, 6:57, 6:57n.218 budget/expenses of, 1:425, 5:468, 472, 475–76 composition of, 1:423, 5:467, 475 as controversial, 5:173 decisions under Resolution II, 1:340, 432–33, 477 documentation of, 5:xxx, 469–70, 6:xxxvi duration of, 1:425 establishment/mandate of, 1:13–14, 26, 419–20, 423–25, 5:174, 467–77, 5:470n.3, 476–77n.11, 6:54–55 (see also Resolution I) and the First Committee, 5:173 General Assembly action re, 1:425 General Committee, 5:477n.11, 6:56 and the Group of 77, 6:57 Informal Plenary, 1:xxvi–xxvii, 5:xxx, 6:56 legal capacity of, 1:424, 5:468 on legal status of resources, 6:109n.11 on licensing legislation, 6:54, 6:54n.207 on marine environment protection/preservation, 4:154, 4:154n.4, 4:231 and marine technology development/ transfer, 4:710, 718 meetings of, 1:425, 5:467–68, 476, 6:55, 6:55n.209 officers of, 1:423, 6:xlv–xlvi overview of, 5:470–77 and participation in the Convention, 5:195, 6:57, 6:57n.217 on pioneer investors, registration/certification of, 6:56 political background of, 6:56–57 powers/functions/purposes of, 1:13–14, 26, 423–24, 5:207–8, 468, 472, 5:476–77n.11, 5:477 procedural rules prepared by, 1:423, 6:383–84 on production policies, 6:277, 281 reports of, 1:424–25, 5:468 and Resolution II, 1:26, 6:832–33, 835–36, 839, 847–48, 6:849n.29, 6:850–51 rules, regulations and procedures of, 1:340, 374, 423–24, 2:795, 5:459, 5:459n.5, 5:467–68 on rules of procedure for the Tribunal, 5:337, 364–65 on safety, 6:205 Secretariat services for, 1:425, 5:469, 472 sessions of, 6:xlvi–xlvii Special Commission 1, 5:476n.11, 6:55, 281

429 Special Commission 2, 5:476n.11, 6:55 Special Commission 3, 5:476n.11, 6:55–56 Special Commission 4, 4:343n.7, 5:337, 5:355n, 5:364–65, 5:477n.11, 6:56 special commission for Enterprise, 1:424, 5:468 special commission on problems encountered by developing landbased producer States, 1:424 States vs. members of, 5:459, 5:459n.5 structure of, 5:476n.11 subsidiary bodies of, 1:424, 5:468 U.S. on, 5:476, 6:56 Preparatory Committee (Conference for the Codification of International Law; The Hague, 1930), 2:279 Preparatory Conference on Ocean Data Acquisition Systems (ODAS), 4:91– 92, 4:613–14n.1 Preparatory Investment Protection (PIP), 6:50–51, 832, 835–37, 839–40 Preparatory investments, 1:419–20 (see also Pioneer activities; Polymetallic nodules; Resolution II) Preparatory work (travaux préparatoires), 1:147–48nn.62–63, 1:147–49, 4:xvii Preservation, use of term, 2:491n, 4:40–41 President of an arbitral tribunal, 1:394, 396 of the Assembly, 1:272–73, 6:xlvii of the Council, 1:276–78, 6:xlvii duties to conduct hearings, 5:388 of the Sea-Bed Disputes Chamber, 1:391–92, 5:403, 406–7 of a special arbitral tribunal, 1:398–99 of the Tribunal, 1:384–85, 387, 389– 90, 394–95, 5:356–57, 368–70, 425–29 President of the Council of Ministers (EEC), 5:185 Preval, Luis (of Cuba), 6:489 Prevention, reduction and control of pollution. see Marine environment; Pollution Prices (see also Economic assistance) Authority’s monitoring of, 6:337, 485 and development of resources, 6:235 policies on, 6:240–43, 245–52 Principles for Assessment and Control of Marine Pollution, 4:70, 79–80, 112, 138 (See also General Principles for Assessment and Control of Marine Pollution) Private Group on Settlement of Disputes, 1:110–11

430 Private Group on Straits, 1:107, 2:297, 303–4, 2:305n, 2:310–11, 318–19, 2:318–19n.2, 2:325–26, 337–38, 358– 59, 371–72, 382, 2:387n.3, 2:394 Privileges and immunities (see also Privileges and immunities of the International Seabed Authority) Charter of the United Nations on, 6:562–63, 6:562–63n.1 of the Enterprise, 1:288, 377–78, 6:759–60, 763–64, 817–20 of persons connected with the Authority, 1:289 of Tribunal members, 1:385 Privileges and immunities of the International Seabed Authority (Protocol), 6:561–85 accession to, 6:556 Agreement, use of term, 6:549 Agreement on the Privileges and Immunities of the International Atomic Energy Agency, 6:548 archives and official communications, 6:571–73, 6:573n.4, 6:917 Assembly on, 6:548 authentic texts of, 6:556 and the Charter of the United Nations, 6:562–63, 6:562–63n.1 and the Common Fund Agreement, 6:583–84, 6:583n Convention, use of term, 6:549 and the Convention on the Privileges and Immunities of the Specialized Agencies, 6:547–48, 565, 568–70, 572, 577–78, 584 and the Convention on the Privileges and Immunities of the United Nations, 6:547–48, 565, 568–70, 572, 577–78, 584 denunciation of, 6:556 depositary of, 6:556 dispute settlement, 6:555, 6:576–77n.3 Enterprise, use of term, 6:549 entry into force, 6:556 to exercise its functions, 1:288 of experts, 6:553–54 Final Draft Agreement between the International Seabed Authority and the Government of Jamaica regarding the Headquarters of the International Seabed Authority, 6:547, 554 Final Draft Protocol on the Privileges and Immunities of the International Seabed Authority, 6:547–48, 556, 568, 573, 585 financial facilities, 6:550 (see also Authority, financial arrangements of) flag and emblem, 6:550 general provisions, 6:550 Headquarters Agreement vs. Protocol, 6:554

Index of Volumes I-VI ICNT on, 6:546, 562, 565, 568, 570, 572, 576–77, 581–83 inviolability of the premises, 6:550, 566 ISNT on, 6:546, 562, 565, 567–68, 570, 572, 575–76, 580–81 laissez-passer, 6:547–48, 554 legal personality, 6:550, 560, 916 legal process, immunity from, 6:564– 66, 916 member of the Authority, use of term, 6:549 Netherlands on, 6:582, 584–85, 6:585n.4 nondisclosure of confidential information, 6:571, 573 of officials, 6:552–53 Part XI on, 6:916–18 persons connected with the Authority, 1:289, 6:574–78, 917 provisional application of, 6:556 ratification of, 6:548, 555 representatives, use of term, 6:549 of representatives of members, 6:551– 52 respect for laws and regulations, 6:554 restrictions, regulations, controls and moratoria, exemption from, 6:569– 70, 916 RSNT on, 6:546, 562, 565, 6:576– 77n.3, 6:581 search and seizure, immunity from, 6:567–68, 916 Secretary-General, use of term, 6:549 signature of, 6:55, 548, 556–57 of the staff, 1:289 supplementary agreements, 6:554–55 taxes and customs duties, exemption from, 6:579–85, 917–18 U.K. on, 6:547, 562, 565, 576, 581, 584–85 U.S. on, 6:565 visas, 6:554 “Problems of Acquisition and Transfer of Marine Technology,” 6:182–83 Procedures (see also Applicants; Arbitration; Assembly; Compulsory procedures; Decision-making; Dispute settlement, procedures for; Duration of operations; Enterprise; Exceptions/ exclusions; General acceptance; Polymetallic nodules; Rules, regulations and procedures of the Authority; Rules of procedure; Simplified procedure; Tribunal) alternative, 5:116–17 for amendment/revision of the Convention, 5:244–72, 278, 281, 288 re amendments, 1:279, 283, 341–42 of arbitral tribunals, 1:292, 395–96, 5:430–31 to avoid abuse of legal process, 5:76

Index of Volumes I-VI choice of, 5:107–8, 142–46 compulsory, 5:129, 131 for conciliation, 5:38, 120, 310–11, 316–17, 5:316n, 5:319–20, 323–24 of conciliation commission, 1:380–81, 5:313 for denunciation of the Convention, 5:279, 281 re disagreement on interpretation/application of the Convention, 5:86 for disputes subject to other agreements, 5:380–83 of the Economic Planning Commission, 1:281 exemptions from, 5:107–8 of the Finance Committee, 1:491 of the Legal and Technical Commission, 1:281, 485 for notification of special agreement, 5:384 re noxious substances, 1:215 re participation clause of final provisions, 5:180 re pollution, 1:221, 246, 295–96, 298– 99, 302 regional or third-party, 5:89–91, 93–95, 5:93n.7, 5:104–5 rights of parties to agree on, 5:142–46, 380–83 and safety at sea, 1:221 of the Sea-Bed Disputes Chamber, 5:399–417 for simplified amendment, 5:260–61, 267–69 for special arbitral tribunals, 1:330, 398–400 for special arbitration, 5:445–51 of special chambers, 5:361–63 of the Tribunal, 5:383–99 conduct of a case, 5:388 default, 5:389–90 hearing, 5:388 judgment, 5:391 majority for decision, 5:390–91 nominations/elections, 5:345–47 rules of, 5:363–65 Procedures for the settlement of disputes. see under Dispute settlement Proceedings (see also Arbitral tribunal; Dispute settlement) of arbitral tribunals, 1:393–96 arbitration, 1:393 against Authority staff member, 1:285 bars to, 1:382, 390, 396 civil, 1:217–18, 310 of the Commission on the Limits of the Continental Shelf, 1:347 conciliation, 1:329, 379–82, 5:310–12, 319 conduct of, 1:310

431 before courts/tribunals, 1:330–31, 333, 337 institution of, 1:280, 283, 304–10, 379– 82, 394, 397, 5:384–85, 424, 445 before International Tribunal for the Law of the Sea, 1:389 for intervention, 1:390–91, 5:319, 392–96 for marine pollution violations, 1:303, 4:247–48, 287–90, 320–24, 348–59, 362–70 penal or disciplinary, 1:247 preliminary, 1:333 request to intervene, 1:390 restriction of, 1:309 of the Sea-Bed Disputes Chamber, 1:280, 283, 292–93, 391 of special arbitral tribunals, 1:397–99 sponsoring State’s participation in, 1:292–93 State instituting, use of term, 2:43 suspension and restrictions on, 1:309 termination of, 1:309, 329, 380–81 of the Tribunal, 1:389–91 Proceeds. see Attributable net proceeds; Contractors; Expenditures associated with activities in the Area; Share of net proceeds Processed metals, 1:363, 2:39, 6:715–16 (see also Polymetallic nodules) Producers of minerals, 1:264–65, 275, 424, 477, 485, 488 (see also Land-based producer States) Production authorizations Agreement on, 6:690–91 Annex III on, 6:651, 690–97, 6:694n.45 applications for, 1:265–67, 279, 283, 354–55, 372, 431 issued by the Authority, 1:265–67, 283, 354, 357 issued to pioneer investors, 1:427, 430–32 and level of production of other metals, 1:267 and operator’s actual vs. specified production, 1:267 priority among applicants for, 1:354– 55, 430–31 reapplication for, 1:266 Resolution II on, 6:828–30, 832, 838– 39, 843–44, 850–51 selection among applicants for, 1:279, 283, 354–55, 6:437, 443, 453–54, 651, 690–97, 6:694n.45 supplementary, 1:267, 6:258–59 Production ceilings (see also Interim period) calculation of, 1:266–67, 283 and developing States, 6:51 and the Economic Planning Commission, 6:472

432 exceeding, 1:266–67, 431 First Committee (UNCLOS III) on, 6:51 and the Legal and Technical Commission, 6:474–75, 477 portion reserved for the Enterprise, 1:267 production policies on, 6:51, 234, 257– 59, 267–68, 271–75, 278–79 (see also specific resources, such as nickel) Resolution II, 6:829, 838–39 and supplementary production authorizations, 1:267 Production charges/royalty payments, 1:357–64, 6:718, 721–28 Production policies (see also General Agreement on Tariffs and Trade; Production ceilings) and adverse effects, 6:268, 276 (see also Economic assistance) Agreement on, 6:260–61, 264, 279–80, 6:279–80n.21, 6:682–83, 870–72 Annex III on, 6:658 applicability of, 6:256n, 6:264, 279–80 application/authorization for plans of work, 6:256–57, 260, 272, 275–76, 278–79 Australia on, 6:241 of the Authority, 1:265–68, 487–88, 6:259, 261, 270, 278, 348 authorizations for production, supplementary, 6:258–59 and benefit of mankind, 6:274–75 Canada on, 6:241 on a ceiling/floor/safeguard formula, 6:276–77 Chile on, 6:241 on cobalt, 6:259 commercial principles applied to, 6:260 on commodity agreements/conferences, 6:256, 266, 268, 271–72, 277 controversy over, 6:267–68, 271, 273– 75, 277–79 on copper, 6:259, 271 Council’s powers/functions re, 6:440 Declaration of Principles on, 6:265–66 on developing States’ needs/interests, 6:259, 261, 265–67, 273 on dispute settlement, 6:259–61, 278, 280 on economic assistance to developing States, 6:259, 261–62, 264–66, 270, 273, 276–82, 6:280–81n.22 First Committee (UNCLOS III) on, 6:64 Green Book on, 6:277–78 Group of 77 on, 6:267 on guaranteed minimum tonnage allocations, 6:276 ICNT on, 6:265, 268–73, 276–77

Index of Volumes I-VI Indonesia on, 6:241 industrialized States on, 6:278 informal negotiating group on, 6:270– 71, 275 interim limits, 6:246, 257–58, 266, 268–72, 276 interim period, duration of, 6:257, 266, 268–72 and investment climate, 6:274, 279 and land-based producers vs. potential miners, 6:273–74 on manganese, 6:259 on markets, 6:256, 260, 266, 268, 272, 274, 276, 279 mathematical vs. political approaches to, 6:267–68 on minerals, nondiscrimination between sources of, 6:260 on mine site availability, 6:271 on nickel consumption/demand, 6:267–70, 278–79 limits, 6:257–59, 268–73 reserved for the Enterprise, 6:258, 6:790n trend line values, 6:257–58, 273 on nondiscrimination, 6:256, 279–80 Norway on, 6:267 overview of, 6:233–34, 236–37, 260– 61, 264 Part XI on, 6:884–86 vs. policies generally, 6:248, 265, 271 (see also Policies on activities in the Area) on polymetallic nodules, 6:259 Preparatory Commission on, 6:277, 281 RSNT on, 6:266–67, 270 on subsidies, 6:260–61, 273–74, 276, 279–80 on tariffs, 6:260 and trade agreements, 6:259, 261, 278–80 UNCLOS III on, 6:64 U.S. on, 6:277–78 Profit, use of term, 6:722 Profit and loss statements, 1:373 Programme of Action on the Establishment of a New International Economic Order, 4:666–67, 6:181–82 Prompt and safe boarding by the inspectors. see Boarding; Inspection Prompt release of vessels and crews, 1:238, 332–33, 4:215, 5:66–71 Proprietary data. see Confidential data/ information, nondisclosure of; Data; Data, transfer of Prospecting Annex III on, 6:660–65 annual report on, 6:928–29 and applicants for production authorizations, 1:354–55

Index of Volumes I-VI Authority’s assessment of data re, 1:478 Authority’s rules/regulations re, 1:274, 279, 365–68 Eight-Power group on, 6:660–65 Enterprise’s assessment of data re, 1:482 Group of 77 on, 6:660–61 industrialized States on, 6:661 Japan on, 6:661 and marine environment, protection of, 6:663, 6:663n and marine scientific research, 6:664– 65, 6:665n.24 notification of, 1:348, 6:665, 927–28, 950–51 phases of, 6:664–65 prospector’s rights/duties re, 1:348 regulations re, 1:274, 279, 365–68, 6:925–43 Soviet Union on, 6:661 U.S. on, 6:660 use of term, 6:661, 664 Prospectors, 1:348, 365 Protection of ecosystems and habitats, 1:294 (see also Environmental protection; Marine environment) Protection of human life. see Human life, protection of Protection of the marine environment. see Environmental protection; Marine environment Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988), 3:36 Protocol of the Commission of Mediation, Conciliation and Arbitration (1964), 5:26, 311–12 Protocol on Cooperation in Combating Pollution of the Black Sea Marine Environment by Oil and Other Harmful Substances in Emergency Situations, 3:368n.12 Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land-based Sources, 3:368n.12 Protocol on Space Requirements for Special Trade Passenger Ships Agreement (1973), 3:149 Protocol on the Privileges and Immunities of the International Seabed Authority. see Privileges and immunities of the International Seabed Authority Protocol on the Protection of the Black Sea Marine Environment Against Pollution by Dumping, 3:368n.12 Protocol Relating to Intervention on the High Seas in Cases of Pollution by

433 Substances other than Oil, 4:7, 182, 4:305n.2, 6:159n.6 Provisional application/interpretation of the Agreement, 1:475–76, 479–81, 6:61, 63, 6:63n.227, 6:855, 859 final provisions on, 5:171–72 of rules, regulations and procedures of the Authority, 1:279 Provisional arrangements/measures binding/nonbinding, 5:53–54 compliance with, 5:58–59 for compulsory procedures entailing binding decisions, 5:52–59, 5:55– 56nn.9–11, 56nn.13–14, 57n.21, 57nn.18–19, 5:83–84 by a court or tribunal, 1:331–32, 5:52–59 for dispute settlement, 1:331–32, 3:659–60, 5:387 and marine scientific research, 4:660 membership in the Authority, 1:479– 81 modification of, 5:57, 59, 386 notification of use of, 5:52–59 prescribed by court or tribunal, 1:331– 32, 389 review and revision of, 5:385–86 rules for, 5:52–59, 385–88 of the Sea-Bed Disputes Chamber, 1:332, 389 and the Tribunal, 1:331–32, 389, 5:52, 54–56, 360, 385–88 of the Tribunal, 1:331–32, 389 Psychotropic substances, 1:216–17, 249, 2:240, 2:240n.3, 3:224–30, 3:226n.5, 227n.7, 3:560 (see also Drug trafficking) Public inspection of archives, 1:288 Publicity, 1:216, 223, 230 (see also Charts, publicity to; Due publicity; Notification) use of term, 2:149, 2:149n.9 Qatar, 6:140, 208 Authority membership of, 6:63n.227 Authority’s regulatory action for, 6:200–204, 348 and the Council, 6:202–4, 445 and the Review Conference, 6:318–19, 323, 325, 329 Qualifications of applicants, 1:349–51, 353–54, 478, 6:656–62, 667–78 of candidates for tribunal, 1:382–83 of contractors, 1:351 of Economic and Planning Commission members, 1:281 of international organization members, 1:400 of Legal and Technical Commission members, 1:282

434 of master and officers of the ship, 1:246 standards of, 1:349–50, 366 Quorum for the Assembly, 1:272 for the Commission on the Limits of the Continental Shelf, 1:346 for the Council, 1:276 for the Governing Board, 1:371 for the Sea-Bed Disputes Chamber, 1:392, 5:403, 407 for the Tribunal, 1:383, 385–86, 389 Quotas of catch, 1:232 (see also Allowable catch; Living resources; Maximum sustainable yield) Rabuka, Sakiusa A. (of Fiji), 6:xlvii Radio-active waste, 3:511, 527–28, 4:6, 159, 174, 181 Radio broadcasts from the high seas, unauthorized. see Broadcasting from the high seas, unauthorized Radio communications. see Communications Radio frequencies for air traffic control, 1:221, 2:346 Radio Regulations, 3:236, 3:236nn.8–9 Raestad, M. (of Norway), 3:484 Railway Traffic between Lithuania and Poland case, 5:30 Rapporteur of the Legal Committee of the Council of ICAO, 4:167–68, 212 Ratification (see also Accession; Consent, to be bound; Entry into force) of Agreement relating to implementation of Part XI, 1:474–75 of amendments, 1:270–71, 342–44, 5:257, 273–75 and applicability of the Convention, 5:38, 5:39n of the Convention, 1:xxxiv–xxxix, 339, 342, 495–98, 5:198–200, 5:200n.7, 5:477 final provisions on, 5:171–73, 198–200, 273–75 by majority of States, 5:191 notification of, 1:344, 5:199 and participation in the Convention, 5:179 of Review Conference amendments modifying system of exploration/ exploitation of Area, 1:270–71 Ratione loci, 4:65, 76, 144–45, 211, 736 Ratione materiae, 4:65, 144–45, 211–12, 736, 5:375–76, 378 Rattray, Kenneth (of Jamaica), 1:412, 6:489 Reagan, Ronald (of the U.S.), 1:80, 6:48, 50–51, 59, 6:657n.16 Reasonable regard, use of term, 4:460– 61, 6:214–15

Index of Volumes I-VI Reciprocating States Regime, 6:834–35 Red Cross, 3:134 Red Sea, 3:367 Reefs (see also Atolls) and baselines, 1:210, 2:89, 91–94 coral, 2:92 drying, 1:224–25, 2:430–31 faros, 2:94 fringing, 1:210, 225, 2:92–93 horseshoe, 2:93–94 and lagoons, 2:94 and the low-water line, 2:94 use of term, 2:93 Régimes (see also Contiguous zone; Continental shelf; Exclusive economic zone; Exploration/exploitation; High seas; Innocent passage; International régime; Islands, régime of; Legal status; Straits; Transit passage) archipelagic sea lanes passage, 1:77, 225 Area (see Area) high seas, 1:153–54, 3:27–28, 6:8–9, 6:9n.21 internal waters, 1:210–11 and marine environment protection/ preservation efforts, 4:3 marine scientific research, 4:490–95, 519, 655–56 maritime vs. the high seas, 3:27–28 pioneer investor, 1:478–79 plurality of, 2:67–72, 154, 3:562–63 territorial sea, 1:153, 6:8–9, 6:9n.21 Regional groups, 1:82–84, 5:185–86, 189 (see also specific groups) Regional marine scientific and technological centres establishment of, 4:723–29 functions of, 4:730–33, 741, 743 Regional organizations (see also Cooperation; Zonal management approach) fisheries, 1:231–34, 253–54, 2:657– 58 for marine environment preservation/ protection, 4:15–16, 141, 201–2 Regional rules, standards and recommended practices. see Rules Regional Seas Programme, 3:366–67, 4:202 Regional Seas Programme Activity Centre (UNEP), 4:16 Registered pioneer investors. see Pioneer investors Register of ships, use of term, 3:111 Registrar of the Tribunal. see Tribunal, Registrar of Registry of aircraft, 1:302–3, 307 change of ship registry, 1:245

Index of Volumes I-VI of installation or structure, 1:250, 299, 321 and marine environment protection, 4:211–12, 232–33 port of, 1:247, 306 State of, 2:43 of vessels, 1:299–300, 302–4, 307, 4:286–90 Regulation of Aerial Navigation (Paris Convention), 2:74 Regulations, 1:214–16, 222, 307–8, 4:94–97, 462, 638–42, 6:80–84 (see also Agreement (1994); Applicability; Communications; Enforcement; Exclusive economic zone; General acceptance; Interpretation/ application; Laws and regulations; Manning regulations; Marine environment; Maritime traffic; Pollution; Rules, regulations and procedures of the Authority; Stocks; Violations) Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, 6:925–71 adoption of, 6:457 and Annex III, 6:311–12, 651, 664, 669, 674, 688, 6:688n.39 on annual reports, 6:928–29, 963–64 and applicable law, 6:671–72, 752–53 on archaeological/historical objects, 6:231–32, 929–30, 946, 962–63 on books/records, 6:963 on confidentiality, 6:929, 946–48, 965 on contingency plans/emergencies, 6:961–62 on contractor’s obligations re safety, 6:205 on contractor’s responsibility/liability for damage, 6:127, 943, 967–68 on contracts, 6:749–50, 939–43, 952–72 on data/information submitted at expiration of contract, 6:964–65 on disputes, 6:629, 649, 671 on the Enterprise’s plans of work, 6:523 on exclusive right to explore/exploit, 6:735–36 on fees, 6:936–37, 6:936nn.6–7 on force majeure, 6:968 general procedures, 6:948–49 on inspection, 6:966 on marine environment, protection of, 6:192, 198, 6:663n, 6:943–46, 961 and marine scientific research, 6:664– 65, 6:665n.24 on monopolies, 6:689 on notification, 6:671, 927–28, 950–51 on plans of work, 6:688–90, 6:930– 32nn.1–4, 6:930–39, 6:934n, 936– 37nn.6–8, 6:942, 952–56 preamble to, 6:925 on processing of applications, 6:937– 39, 6:937n

435 on prospecting, use of term, 6:664 regulations, use of term, 6:959 on renunciation of rights, 6:968 on reserved areas, 6:698n.49, 6:701, 934–35 on resources other than polymetallic nodules, 6:649 on responsibility for damage, 6:754–55 on rights/obligations under contracts, transfer of, 6:751 on safety, labour and health standards, 6:967 on security of tenure, 6:959 on size of areas, 6:748, 934, 941 on suspension of contractors’ rights, 6:748 on suspension/termination of contract and penalties, 6:969–70 on termination of sponsorship, 6:969 on training, 6:942, 963 on transfer of rights/obligations, 6:970 on undertakings, 6:965 use of terms and scope, 6:925–26, 959 on waivers, 6:970 Related interests. see Interests Release of crews, 4:215 prompt, 1:238, 332–33, 4:215, 5:66–71 of vessels and ships, 1:238, 251–52, 308–9, 332–33, 4:215, 274, 5:66–71 Remuneration of arbitral tribunal members, 1:396 of Authority staff, 1:284 of Governing Board members, 1:371 retirement pensions, 5:371 of scientists of coastal States, 1:317 of Tribunal members, 1:387, 5:369–71 Renunciation of areas, 1:366, 368, 6:738–39 Repair concept, 4:413–14 Report of the President, 5:325 Report of the Second Committee (1930) Appendix 1, 3:464, 466–74 Appendix 2, 3:464, 475–81 Appendix 3, 3:481–86 Appendix 4, 3:486–87 on baselines, 3:475–76 on bases of discussion, 3:461, 465 on bays, 3:464, 475–78 on the breadth of the territorial sea, 3:461–62, 464, 481–86 on Coastal States’ rights in the territorial sea, 3:461–62, 464, 469–70 on the codification work re territorial waters, 3:486–87 on Committee of Experts’ formation, 3:461 on the contiguous zone, 3:462–63, 481–86 on the Convention on the International Regime of Maritime Ports, 3:465–66 on criminal vs. civil jurisdiction, 3:472

436 on customs rights, 3:463 on the First Sub-Committee, 3:461, 464 on fisheries’ importance, 3:466 on freedom of navigation agreement on, 3:461 on historic bays, 3:464 on immunity of government ships, 3:472–73 on islands, 3:479 on jurisdiction of foreign vessels in ports, 3:465 on leadership of the Committee, 3:461 on the legal status of/sovereignty over the territorial sea, 3:466–74 on mouths of rivers, 3:480–81 on ports, 3:478 on right of innocent passage through the territorial sea, 3:461, 468–74 on right of pursuit, 3:473–74 on roadsteads, 3:478–79 on the Second Sub-Committee, 2:53, 3:461, 464, 476, 479 on straits, 3:479–80 on Sub-Committees’ formation, 3:461 on territorial seas, 3:461–87 Report of the United Nations Conference on Environment and Development (Rio Declaration), 6:198 Reports (see also Council; Governing Board) by the conciliation commission, 1:335– 36, 381, 5:322–23 by the Enterprise, 1:274, 278, 373 on marine environment preservation/ protection, 4:116–20 on pioneer investors, 1:478–79 by the Preparatory Commission, 1:424– 25, 5:468 by the Secretary-General of the United Nations, 5:289 “Reports of the Committees and Negotiating Groups on Negotiations at the seventh session contained in a single document both for the purposes of record and for the convenience of delegations,” 1:127 (see also ICNT) Representation of coastal State in a marine scientific research project, 1:317 double, 5:272 full powers/credentials of representatives, 5:271–72 of principal legal systems, 1:383, 391, 5:341–42, 403–6 of special interests, 1:275, 280, 485, 490 Representatives, 6:549, 551–52 Republic of Korea. see Korea Res communis, 6:24, 109 Rescue at Sea Resettlement Offers, 3:175

Index of Volumes I-VI Rescue services. see Search and rescue services Research. see Marine scientific research Researching States, use of term, 2:43 Reservations and amendments, 5:169–70, 173 to the Convention, 1:15, 340, 2:985, 5:212–23, 5:214n.4 declarations as, 5:214, 5:214n.4, 5:220, 222, 226–28, 5:228n final provisions on, 5:173, 212–23, 5:214n.4 use of term, 5:222, 226–27 Reserved areas (see also Non-reserved areas) activities in, 1:355–56 Agreement on, 1:480, 483, 6:697, 700– 701, 6:700n Annex III on, 6:697–701, 6:698nn.49– 52, 6:702–4 data disclosure to Enterprise, 1:365 designation of, 1:351, 355, 428, 432, 480, 6:934–35 Enterprise activities in, 1:348, 355–56, 428, 432, 483, 6:702–3 evaluation of information and data relating to, 1:482 Group of 77 on, 6:698–99 ICNT on, 6:699–700 vs. non-reserved areas, Review Conference on, 6:318, 325, 327–30 and pioneer investors, 1:432, 6:698n.52 plans of work re, 1:356, 6:935 production authorizations for, 1:354 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area on, 6:698n.49, 6:701 reservation of, 1:355, 366 RSNT on, 6:699 size of, 6:737, 739, 6:740n, 6:743 Res nullius, 6:24, 109 Resolution I (Establishment of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea), 1:26, 420–21, 423–25, 446–47, 5:467–77, 6:3, 35, 66 (see also Preparatory Commission) Resolution II (Governing Preparatory Investment in Pioneer Activities relating to Polymetallic Nodules), 1:425–33, 6:822–51 activities in the Area, use of term, 6:825 adoption of, 1:420–21 on allocation of pioneer area, 6:825–26 and Annex III, 6:66 on annual fixed fees, 1:429, 6:827, 841, 849–50 on application fees, 1:429, 6:827, 837– 39, 849, 6:849n.30 Area, use of term, 6:825 Argentina on, 6:839

Index of Volumes I-VI and the Arusha Understanding, 6:849 Australia on, 6:837 Authority, use of term, 6:825 Belgium on, 6:841 Canada on, 6:837 on certificates of compliance, 6:830 certifying State, use of term, 6:824 China on, 6:841 on confidential data, 1:428, 6:839 on conflicts, 1:428–29, 6:826–27, 833– 34, 846–49 and consortia of early investors, 6:838, 6:838n, 6:841–42, 844, 847 (see also Pioneer investors) Cuba on, 6:839 Denmark on, 6:837 developing States on, 6:836 Eastern European States on, 6:52n.202, 6:842–45, 847 on the Enterprise, activities carried out by, 6:830–31 on expenditures, 1:429, 6:743–44, 6:744n, 6:827, 839, 841–42, 845, 850, 6:850n.32 France on, 6:841, 847–49, 6:849n.29 Germany on, 6:837, 841 Group of 77 on, 6:832, 834–35, 837–44, 847 haste in negotiation of, 6:840n importance of, 1:446–47, 6:3 industrialized States on, 6:832, 834–35, 837, 839–40, 843–44 intention of, 6:66–67 Italy on, 6:841 Japan on, 6:837, 839, 841, 843, 847–49, 6:849n.29 Legal Counsel of the United Nations on, 6:842 on legislation on seabed mining, 6:834– 35, 6:834–35n.4 on nationality/sponsorship, 1:426–29, 432, 6:830, 851 and the New York Understanding, 6:849 Norway on, 6:837 Peru on, 6:841 on pioneer activities, 1:426–29, 432, 6:824, 827, 846, 849 on pioneer areas, 1:427–29, 432 overlapping, 1:428–29, 6:826, 846–48 size, 6:839, 841, 843–44, 846 use of term, 6:824–25, 846 on pioneer investors, 1:425–32, 6:67, 6:67n.237, 109n.11 registration as, 1:426–29, 6:825–26, 832, 845, 847 use of term, 1:426, 6:823–24, 840– 42, 6:842–43n.16, 6:845 and the PIP, 6:832–37, 839–40 (see also Preparatory Investment Protection) plans of work, 1:429–30, 432, 6:700n, 6:827–28, 832, 850, 6:850n.33

437 and the Preparatory Commission, 1:26, 432–33, 6:832–33, 835–36, 839, 847–48, 6:849n.29, 6:850–51 on production authorizations, 1:427, 430–32, 6:828–30, 832, 838–39, 843–44, 850–51 on production ceilings, 1:431, 6:829, 838–39 on the Reciprocating States Regime, 6:834–35 on reimbursement of costs, 6:830, 838, 851 on the site-banking system, 6:838, 846 Soviet Union on, 6:841, 6:842–43n.16, 6:843–45, 847–49, 6:849n.29 U.K. on, 6:837, 839, 841 UNCLOS III’s work on, 6:35 and the Understanding on Resolution of Conflicts Among Applicants for Registration as Pioneer Investors, 6:849 U.S. on, 6:833–35, 837, 839–41 WG.21 on, 6:837–38 Zaire on, 6:839 Zambia on, 6:844 Resolution III (Rights of peoples of nonself-governing or disputed territories), 1:420–21, 433, 5:478–82 Resolution IV (Authorizing certain national liberation movements to sign the Final Act of the Conference as observers), 1:420–21, 433–34, 5:483–87 Resolution 8 (International Convention for the Prevention of Pollution of the Sea by Oil), 4:5 Resolution 1112 (XL) (General Assembly), 1:161–62, 6:13–14, 6:14n.41 Resolution 1514 (XV) (Declaration on the Granting of Independence to Colonial Countries and People; General Assembly), 5:183, 6:139–43, 6:143n.18 Resolution 2340 (XXII) (General Assembly), 1:161–63, 172–73, 178, 182, 404–5, 2:2–3, 3:2–3, 4:430, 6:21, 78–79 Resolution 2467 A (XXIII) (General Assembly) and the Authority’s establishment, 6:340–41, 6:340–41nn.1–2 re the Sea-Bed Committee, 1:163–64, 180, 2:3, 3:xxxiii, 3, 4:430–31, 6:23, 78–79, 340–41, 6:340n Resolution 2574 C (XXIV) (General Assembly), 1:171–72, 6:24–25, 341 Resolution 2750 C (XXV) (General Assembly), 2:79, 284, 496, 4:20, 54–55, 91–92, 432, 665, 747 re the Sea-Bed Committee, 1:30–32, 36, 38–39, 47, 1:50n, 1:178–84, 404, 2:3–4, 3:xxxiii, 4, 6:30 subject matter listed in, 1:405–4066

438 Resolution 3067 (XXVIII) (General Assembly) re the Sea-Bed Committee 3067 (XXVIII) (Reservation exclusively for peaceful purposes of the seabed and the ocean floor), 1:37– 38, 50–51, 188–90 UNCLOS III, resolutions adopted during, 1:37–38, 405–6, 4:11, 5:298 3067 (XXVIII), 1:412, 5:179–80 Resolution 3201 (S-VI) (Declaration on the Granting of Independence to Colonial Countries and People; General Assembly), 6:32n.106, 6:181 Resolution of conflicts. see Dispute settlement Resolution on Development of National Marine Science, Technology, and Ocean Service Infrastructures, 4:669 Resolutions of the General Assembly. see General Assembly resolutions; and specific resolutions Resource-oriented research. see Marine scientific research Resources (see also Development; Equitability; Exploitation; Exploration/exploitation; Living resources; Mineral resources; Minerals derived from the Area; Natural resources) in archipelagic waters, bed and subsoil, 1:225 categories of, 1:349, 365–68, 6:738–39 and coastal States’ rights/interests, 6:151–59, 6:158n as common heritage of mankind, 1:15, 6:28, 53 (see also Common heritage of mankind) human, 1:324 legal status of, 6:101–11, 6:103nn.2–3, 104n.5, 109n.11, 110n.14 marine, 1:323–24, 326 non-living, 1:228, 241–42, 316 Part XI on, 5:266 prospecting/exploration for, 6:949 resolution 1112 (XL) on, 6:13–14, 6:14n.41 straddling deposits, 6:158, 6:158n use of term, 1:258, 427, 2:32–34, 39, 41, 619, 897, 3:85n.30, 5:266, 6:69– 78, 6:71n.1, 76n.9, 6:158, 360, 877 Responsibility and liability (see also Damage) of the Authority, 1:291, 369–70 for the Authority’s debts, 1:287 for enforcement measures, 1:310–11 of the Enterprise, 1:370 for fish stocks and species, 1:233–34 of flag States, 1:218, 223, 2:256–59, 2:257n of international organizations, 1:259– 60, 322, 402, 5:461–62

Index of Volumes I-VI limitations of, 1:370 and marine environment protection/ preservation, 1:311–12, 4:399–415 for marine scientific research, 1:322, 4:632–42, 6:165 for seizure of ship or aircraft on suspicion of piracy, 1:249–50 for straits, damage to, 3:570 use of terms, 2:259n Responsibility to ensure compliance and liability for damage, 6:118–28, 753–55, 878 Return on investment, use of term, 2:39, 6:714–15 Revenue. see Authority; Commercial production; Contractors; Costs; Expenditures Revenues, 1:264, 357, 363–64, 2:930–47, 3:574, 582, 6:132, 143, 247–48, 251, 254 Review Conference, 6:318–35 (see also Accession) on accommodation of activities, 6:323, 329 on activities in the Area, 6:323, 329 and the Agreement, 1:486, 6:64, 6:64n.230, 6:234, 6:318n, 6:319, 321–22, 334–35, 6:334n.19, 6:869– 70 amendments adopted by, 1:270–71, 6:319, 321–26, 329–35, 6:330n.7, 333n.14, 334n.17 applicability of, 6:319, 321–3322 on benefit of mankind, 6:318, 327–29 on coastal States, 6:318–19, 323, 325, 329 on common heritage of mankind, 1:270, 6:318, 323, 325, 329 on contracts already existing, 6:319, 322, 324, 326–29, 331–32 Convention amendments by, 6:319, 321–26, 329–35, 6:330n.7, 333n.14, 334n.17 decision-making of, 1:270, 6:319, 321– 22, 324, 327–28, 330, 333–34 on developing States’ needs/interests, 1:270, 6:318, 323, 325, 327–29 developing States on, 6:331 on development of resources, 6:233–34 on environmental protection, 6:318–19 on equitable sharing, 1:270, 6:318, 328–29 on exploration/exploitation of the Area, 1:269–70, 6:318, 323–26, 328–29 failure to reach agreement by, 6:318, 321–22, 326–32, 334 Federal Republic of Germany on, 6:324 geographically disadvantaged States on, 6:324 goals of, 6:318, 323–29 and the Green Book, 6:332 Group of 77 on, 6:333n.14

Index of Volumes I-VI on human life, protection of, 6:318–19, 323, 325, 329 ICNT on, 6:325–26, 332 industrialized States on, 6:331–33 and the interim period, 1:266 Kissinger on, 6:43, 6:43n.154 landlocked States on, 6:324 limitations of/scepticism about, 6:326 Malta on, 6:322 on marine environment protection/preservation, 4:153–54 on marine scientific research, 1:270, 6:318–19, 323, 325, 329 Mexico on, 6:323–24 on monopolies, 1:270, 6:318, 325, 328–29 moratorium clause for, 6:328, 330–32 and non-reserved areas, 1:269–70 Norway on, 6:324–25 and the parallel system, 6:322, 328, 333 Part XI on, 6:888–89 on peaceful purposes, 1:270, 6:318–19, 323, 325, 329 vs. periodic review, 6:314, 322 on reserved vs. non-reserved areas, 1:270, 6:318, 325, 327–30 on sovereignty, 1:270, 6:318, 323, 325, 329 on superjacent waters/air space, legal status of, 1:270, 6:318–19, 323, 325, 329 on technology transfer, 1:270, 6:318– 19, 323, 325, 329 timing of, 6:318, 322–25, 327–30, 6:330n.8, 6:334 U.S. on, 6:332–33 voting procedures of, 1:270–71, 6:321– 22, 324–26, 329–30, 333–34 on the world economy/international trade, 1:270, 6:318, 328–29 Revised Single Negotiating Text. see RSNT Revision, use of term, 5:247 Revision of contracts. see Contracts Richardson, Elliot L. (of the U.S.), 6:25–26n.90 Ridges, 2:834, 867, 879–80, 2:880n.61 oceanic, 1:239, 2:834, 874, 876, 879 submarine, 1:240, 2:834, 867, 879–80, 2:880n.61 Right(s) (see also Coastal States, rights/duties/ interests of; Continental shelf; Contractors; Due regard; High seas; Interests; Landlocked States; Marine scientific research; Sovereign rights) abuse of, 1:337, 3:661, 5:103, 150–52 of access to and from the sea, 1:256 of the accused, 1:310, 4:362–70 to archaeological/historical objects, 5:159–60

439 of archipelagic sea lands passage, 1:226–27 of archipelagic States, 1:226 in archipelagic waters, traditional, 1:224, 226 duties balanced with, 1:24–25, 5:223 of enforcement of land-based pollution regulations, 4:219 enjoyment of, and participation clauses in final provisions, 5:188 in exclusive economic zones, 1:228–29 fishing, 1:226, 2:447–54, 3:579, 5:91n, 6:6, 6:6n.7, 6:11 (see also Fishing, freedom of) of flag States, 1:244, 309 and freedoms of States, 1:228, 241, 244, 334 of geographically disadvantaged States, 1:236–37 of hot pursuit, 1:250–51 of innocent passage, 1:210–11, 213, 215–16, 226, 300 to lay submarine cables and pipelines, 1:226, 252, 334 legally protected, 5:93n.6 marine scientific research, conduct of, 1:313, 315, 317, 319–20, 334–35, 4:438–50, 455–56, 581–96, 603–7 of navigation, 1:226, 241, 244, 334 of parties to agree on or modify a procedure, 1:337, 381, 5:142–46, 229, 240 to protection of coastal States, 1:216 of self-determination, 5:183 of States to exploit their natural resources, 1:228, 238, 240–41, 293 transfer of by contractor, 1:366, 369 to exploit living resources, 1:237–38, 2:773–83 by States to an international organization, 1:400–401 of transit passage, 1:220–23 of visit, 1:250 voting, 1:290 Right of intervention, 4:307–8, 313–14 Right of Passage Over Indian Territory case, 5:141n.65 Right of visit, 3:237–46 (see also Boarding) boarding/inspection, 3:244–45 vs. flag State’s exclusive jurisdiction over ships flying its flag, 3:238–39, 244 against ships engaged in drug trafficking, 3:240– 44 engaged in piracy, 3:215, 237, 239– 42, 244–45, 509–10 engaged in slave trade, 3:237, 239– 42, 244–45, 509–10 engaged in unauthorized broadcasting, 3:237, 242–45

440 flying a foreign flag/refusing to show flag, 3:237, 239–41, 243–45, 509–10 without nationality, 3:237, 240, 243–45 treaty-generated, 3:244 unjustified boarding, 3:246 Rights/privileges of members. see Suspension, of membership rights/ privileges Rio Declaration (Report of the United Nations Conference on Environment and Development), 6:198 Riphagen, Willem (of the Netherlands), 1:110, 5:8, 43, 5:321n Rises, 1:239–40, 2:874 Risk of pollution, 1:296–97 Rivers, 4:128–34 (see also Islands; Mouths of rivers) Roadsteads, 1:212, 2:123–25, 232, 3:127, 478–79, 498, 552 Rocks adjacent, 3:637 baselines, 3:637 vs. islands, 3:324, 333, 335–36, 338–39 marine space of, 3:636, 638–39 use of term, 3:339, 634 Romania on the breadth of the territorial sea, 3:485 on the continental shelf, 2:959, 966, 982 on declarations, and harmonization of a State’s laws/regulations, 5:226 on the exclusive economic zone, 2:804–5 on geographically disadvantaged States, 2:763–65 on innocent passage, 2:199n.26 on islands, régime of, 3:330, 332–33, 337–38 on landlocked States, 2:729 on opposite or adjacent coasts, 2:138 on utilization of living resources in the exclusive economic zone, 2:631, 633–35 Rome Conference (1955). see International Technical Conference on the Conservation of the Living Resources of the Sea Roosevelt, James (of the U.S.), 6:15 Rosenne, Shabtai (of Israel), 2:970, 2:971n, 4:xix, 4:329n.8, 5:xvi–xvii, 120, 124 Routes (see also Exclusive economic zone; High seas; Sea lanes; Traffic separation schemes) air, 1:226–27 archipelagic, 1:226–27 through exclusive economic zones, 1:220

Index of Volumes I-VI on high seas, 1:220 for international navigation, 1:220, 226–27 (see also International navigation; Straits) shipping, 1:321 shipping, non-interference with, 4:626–28 systems of, 1:300 Royal Air Force (U.K.), 4:305 Royal Bos Kalis Westminster (Netherlands), 6:67n.237 Royal Dutch Shell (Netherlands), 6:67n.237 Royal Navy (U.K.), 4:305 Royalty payments. see Production charges/royalty payments RSNT (Revised Single Negotiating Text) on accommodation of activities, 6:212 on activities carried out by the Enterprise, 6:708 on Activities in the Area, 2:33 activities in the Area, use of term, 6:73 on advisory opinions, 6:643 on anadromous stocks, 2:674–75 and Annex III, 6:653–54, 6:653n.8, 6:659, 662, 667–68, 672, 683, 686, 692 on an arbitral tribunal, 5:430, 435–36 on archipelagic States, 2:412, 451–52, 485–86 on archipelagic waters, 2:440, 460 on the Area, 2:33 on artificial islands, installations and structures, 2:581, 924–25 on the Assembly, 6:372, 380–81, 394–96 on the Authority, 2:33 establishment, 6:344–45, 6:345n.9 financial arrangements, 6:44, 530, 534, 539, 543 legal status, 6:546, 559 powers/functions, 6:303–4, 336 privileges and immunities, 6:546, 562, 565, 6:576–77n.3, 6:581 rules, regulations and procedures, 6:740–41 on baselines, 2:89, 98–99, 101, 107, 426–27 on bays, 2:116–17 on the benefit of mankind, 6:132, 137 on the breadth of the territorial sea, 2:80–81 on cables/pipelines, 2:913–14, 3:263– 64 on catadromous stocks, 2:683–84 on charges levied on foreign ships, 2:236 on charts and geographical coordinates, 2:147, 819, 988–89 on coastal States, 2:373, 770 on the Commission on the Limits of the Continental Shelf, 2:1005–6

Index of Volumes I-VI on conservation/management of living resources, 2:607 on conservation/management of marine mammals, 3:315 on the continental shelf, 2:853–54, 924–25, 961–63, 988–89 on contracts, financial terms of, 6:654, 719–20 on the Convention vs. other agreements, 5:232 on cooperation of States bordering enclosed/semi-enclosed seas, 3:362, 3:362n.2 on the Council, 6:422, 446–47 creation of, 1:xxvii, 117–20, 416 on criminal jurisdiction in relation to foreign ships or vessels, 2:241 on development of resources, 6:233, 246–47 on dispute settlement, 5:69, 5:96nn. 11–12, 5:111–12 on drilling on the continental shelf, 2:928 on the Economic Planning Commission, 6:469–70 on enclosed/semi-enclosed seas, use of term, 3:350 on enforcement of laws and regulations of coastal States, 2:792–93 on the Enterprise, 6:515–16 on environmental protection, 6:195 on equitable sharing, 6:288 on exceptions vs. exclusions, 5:143 on the exclusive economic zone, 2:501– 2, 536–38, 550, 581, 808–9 on exploration/exploitation of the Area, 6:303–4 and the First Committee (UNCLOS III), 1:119, 6:40–42, 44 on flag States’ duties on the high seas, 3:143 on freedom of the high seas, 3:78–79, 95 on geographically disadvantaged States, 2:745–48 Group of 77 on, 6:41 on highly migratory species, 2:655–56, 998–99 ICNT as based on, 6:74 on immunities of warships, 2:263 as an informal document, 1:lii, 2:xxxvi, 3:xxxiv–xxxv, 6:xxxii on innocent passage, 2:155, 161, 172–73, 193–94, 225, 394–95, 460 introductory note to, 1:120 and ISNT/Part I, 6:40–41 issuance of/issues addressed in, 3:14–15 on Japan, 6:41 on jurisdiction, 5:11 on landlocked States, 2:709–10 on landlocked States’ access to and from the sea and transit rights, 3:404, 417, 426, 433, 439, 444, 448

441 on the Legal and Technical Commission, 6:478 on legal status of territorial sea, 2:72 on the legal status of the Area/resources, 6:108–9 on the limits of the Area, 6:82–83 marine environment preservation/protection provisions, 4:39 re activities in the area, 4:152, 230 re adverse consequences from exercise of powers, 4:332 re civil proceedings, 4:360–61 and coastal States’ enforcement obligations, 4:291–92 re data and information exchange, studies, and programmes, 4:93 re dispute settlement, 4:41n.9 re dumping, 4:163–64, 166, 238 re effects of activities, assessment of, 4:123–24 and flag States’ enforcement obligations, 4:252–55 re global and regional cooperation, 4:81 re ice-covered areas, 4:397 re investigation of foreign vessels, 4:339 re maritime casualties, 4:308–9 re monetary penalties and rights of the accused, 4:364 re notification of flag States, 4:373–74 and obligations of conventions, 4:424 re pollution, 4:62–63, 88, 114, 131, 142–43, 152, 189–93, 202, 211, 219–20, 224–25, 318 and port States’ enforcement obligations, 4:267–68 re powers of enforcement, 4:326 re preferential treatment for developing states, 4:107 re publication of reports, 4:119 re responsibility and liability, 4:408– 9, 412 re scientific criteria for regulations, 4:96 re seaworthiness of vessels, 4:275–76 re sovereign immunity, 4:420 re sovereign rights principles, 4:48 re States’ liability due to enforcement of regulations, 4:379–80 re straits used for international navigation, 4:386 re suspension and restrictions on proceedings, 4:354–55 re technical assistance to developing countries, 4:103 and technologies, use of, 4:75 re transferring or transforming hazards or pollutants, 4:71 re violations proceedings, 4:321–23

442 on marine mammals, 2:661 on marine scientific research, 2:351, 486, 4:434, 6:166–67, 169 marine scientific research proposals in re Area-based research, 4:606 re assistance and facilitation for research vessels, 4:600 re communication of information, 4:556 conditions to be complied with, 4:547–49, 551 re the continental shelf and exclusive economic zones, 4:505–13 re dispute settlements and interim measures, 4:650–52, 658–59 general criteria and guidelines, 4:559–60 general provisions re, 4:447–48 re implied consent, 4:564–65 re information to coastal States, 4:534 re installations and equipment, 4:613, 618–19, 625, 630–31 re international cooperation, 4:469, 476 re legal status of installations and equipment, 4:622 re non-interference with shipping routes, 4:628 non-recognition of, as basis for claims, 4:465 re principles for conduct of research, 4:459–61 re promotion of research, 4:453 re publication and dissemination of information and knowledge, 4:485 re responsibility and liability, 4:639–40 and rights of landlocked and geographically disadvantaged states, 4:587 re safety zones around installations, 4:625 re suspension or cessation of research, 4:573–74 re territorial seas, 4:494–95 re warning signals, 4:630–31 re water columns, 4:610 marine technology development/transfer provisions basic objectives in, 4:686 general provisions, 4:677 guidelines, criteria, and standards for, 4:700–701 re international cooperation, 4:697– 98, 704, 707–8, 734–35 measures for achieving, 4:693–94 re objectives of the Authority, 4:715 re protection of legitimate interests, 4:681 on minerals, 6:73

Index of Volumes I-VI national and regional marine scientific and technological centres, development of, 4:720 on noncompliance of warships with coastal State laws and regulations, 2:255 on nuclear-powered ships, 2:219 on nuclear substances, 2:219 on opposite or adjacent coasts, 2:138– 39, 808–9 order of parts of, 3:21 on outer limit of the territorial sea, 2:85 overview of, 6:40–42 Part III, 4:xvi on payments/contributions from exploitation of the continental shelf, 2:939–40 on peaceful purposes, 3:89, 6:149 on penalties for contractors, 6:746 on plans of work, 6:683 on policies on activities, 6:246–47 on pollution, 2:33 on production authorizations, 6:692 on production policies, 6:266–67, 270 on protection of human life, 6:204 on reefs, 2:93 on regional marine scientific and technological centres, 4:727–28, 732 on reserved areas, 6:699 resources, use of term, 6:73 on responsibility/liability, 2:258, 6:124–25 on review of the international régime, 6:315 on the right of navigation, 3:100 on rights/obligations under contracts, transfer of, 6:750 on rights of protection of coastal States, 2:231 on rights/privileges of membership, suspension of, 6:592 on the right to fish on the high seas, 3:285 on the Sea-Bed Disputes Chamber, 5:335–36, 6:623, 639 on sea lanes and traffic separation schemes, 2:210–11, 360–61, 471–72 and the Second Committee (UNCLOS III), 1:119–20, 3:14–15, 21 on the Secretariat/Secretary-General, 6:483, 488, 493, 498, 502 on sedentary species, 2:688 on settlement of disputes in the exclusive economic zone, 2:568 on sovereignty, 2:72 on special arbitration, 5:444 on stages of operation, 6:704 on States Parties, use of term, 6:73 on States’ rights/duties in the exclusive economic zone, 2:560 on status of ships, 2:55

Index of Volumes I-VI on the Statute of the Enterprise, 6:760, 769–70, 773, 776, 779–81, 783–84, 786–87, 794, 800, 803, 805, 810, 815, 819 on stocks in the exclusive economic zone, 2:643 on straits, 2:297–98, 305–6, 311–12, 319, 327, 360–61, 394–95 on submarines, 2:181–82 on superjacent waters/air space, 6:90 on technology transfer, 6:183–84 and the Third Committee (UNCLOS III), 1:120 on title to minerals, 6:659 on training programs, 6:733 on transfer of rights to exploit living resources, 2:779–80 on the Tribunal, 5:335, 345, 349, 354, 357, 363–65, 373, 377, 380, 387, 397–98, 401, 404–6, 414–15, 6:612– 13, 632–33, 638–40 on tunnelling, 2:992 on the United Nations’ right to sail ships, 3:130–31 on use of terms and scope, 2:33–34 on utilization of living resources in the exclusive economic zone, 2:631 on warships, 2:251 RTZ Deepsea Mining Enterprises (U.K.), 6:67n.237 Rules (see also Amendments; Applicability; Damage; Duration of operations; General acceptance; Government ships; Implementation; InternationalÂ€ law; Interpretation/application;Â€Marine environment; Rules, regulations and procedures of the Authority; Rules, standards and recommended practices and procedures regarding pollution; Rules of procedure; UNCITRAL Arbitration Rules; Violations) of admiralty, 5:158–60, 5:160n.3 Economic Planning Commission, 1:281 Legal and Technical Commission, 1:281 Preparatory Commission, 1:340, 374, 423 Rules, regulations and procedures of the Authority, financial, 1:280, 287, 360–68, 424, 490 (see also Authority) Rules, standards and recommended practices and procedures regarding pollution, 1:295–96, 298–99, 302 for marine environment preservation/ protection re activities in the area, 4:152–54, 230 flag States’ enforcement obligations re, 4:255–56

443 re global and regional cooperation, 4:77–97 multiple sources for, 4:20 re pollution, 4:141–46, 152–54, 176– 206, 4:184–85n.8, 4:207–13, 221–26 Rules and Regulations Commission, 6:447, 451, 478–79 (see also Council, powers/functions of) Rules of procedure (see also Rules of Procedure (UNCLOS III)â•›) applicable, 1:333 of Assembly, 1:272, 423 of Authority’s organs, 1:285 of Council, 1:278, 484–85 on drafting committees’ competence, 1:135–36, 1:136n.4 of Enterprise, 1:372 re marine environment preservation/ protection, 4:369 of the Preparatory CommissionÂ€andÂ€subÂ� sidiary bodies, 1:340, 374, 423–24, 2:795, 5:459, 5:459n.5, 5:467–68 of the Sea-Bed Disputes Chamber, 5:399–417 of the Tribunal, 1:386, 5:363–65 Rules of Procedure of the General Assembly, 6:383, 385–86 Rules of Procedure of the Preparatory Commission, 5:459, 5:459n.5, 5:467–68 Rules of Procedure of UNCLOS III, 1:19–21, 31, 54, 99–104, 135–36, 414–20, 1:415–16n.39, 418nn.47–48, 1:423, 3:xxxix n.1, 5:266 documentation of, 5:xxxiii, 5:xxxiii n.1 Rules of the International Tribunal for the Law of the Sea, 1:386, 5:363–65, 6:644 Russian Federation, 6:62n.226, 6:384, 6:694n.45, 744n, 834–35n.4, 850n.32 Russian language, for authentic texts, 5:301–2 Russian Language Group, 1:413n.29 Safety aids, 1:223, 2:379–83 (see also Procedures; Search and rescue; Ships) Safety at sea (see also Safety zones) and construction/equipment/seaworthiness of ships, 3:135, 137, 139, 141, 147 international cooperation re information necessary for, 1:314 and manning of ships, labour conditions, and training of crews, 3:135, 137, 139, 141, 147–48, 607–8 measures to ensure, 1:294 and procedures, 1:221

444 and qualifications of officers/crews of ships, 3:135, 138, 606–7 signals and preventing collisions, 1:245–47, 321, 3:135, 137, 139, 141, 149, 507, 607–8 Safety of navigation (see also Safety zones) air, 1:221, 302, 307, 321 marine, 1:214–15, 221–22, 230, 263, 308, 3:135, 141, 606 unlawful acts against, 3:36, 185–95, 3:188n Safety/safeguards (see also Human life, protection of; Safety aids; Safety at sea; Safety of navigation) marine environment preservation/ protection provisions re, 4:18–19 in marine environment preservation/ protection regulations re adverse consequences from exercise of powers, 4:330–33 re civil proceedings, 4:360–61 re exercise of powers, 4:325–29 re flag State notification, 4:371–76 re international navigation straits, 4:382–91 re investigation of foreign vessels, 4:334–44 re monetary penalties and rights of the accused, 4:362–70 re nondiscrimination with respect to foreign vessels, 4:345–47 re proceedings facilitation, 4:320–24 re responsibility and liability, 4:406 re States’ liability due to enforcement, 4:377–81 re suspension and restrictions on proceedings, 4:348–59 and protection of human life, 6:201–2, 204–5 Safety zones, 6:209, 212–14, 6:212n around installations, 1:230, 251, 263, 321, 3:522, 633–34, 4:623–25, 6:206, 209, 212–14, 6:212n artificial islands, installations and structures in, 1:230, 251, 263, 321, 2:587 breadth of, 1:230, 321 on the continental shelf, 3:572–74 due notice of extent of, 1:230 in the exclusive economic zone, 3:579–81 hot pursuit for violation of, 1:251 for marine environment protection, 4:225n for scientific research, 1:321 Sail-fishes, 1:345 Saint Christopher and Nevis, 5:180n.3 Salmon, 2:667n.2 (see also Anadromous stocks)

Index of Volumes I-VI Salvage and archaeological/historical objects, 5:158–59, 6:227–28 (see also Archaeological/historical objects) International Convention on Salvage, 3:148, 176, 3:176n.11, 4:27 laws of, 1:338 of sunken ships, 3:174, 3:176n.11, 6:227–28 Samim Ocean (Italy), 6:67n.237 Samples derived from marine scientific research, 1:317–18 Sampling, 1:232, 355 (see also Testing) Sanitation. see Laws and regulations Santen, C. W. Van, 2:59 Santiago Declaration (1952), 1:2, 58, 2:494 Sao Tome and Principe, 2:199n.26, 3:302n.11 Sauries, 1:345 Scale of assessment, 1:273–74, 375 Schmidt, Markus G., 6:43n.154 Schücking, M. (of Germany), 3:481–82 Scientific and Technical Commission, 6:477 Scientific Committee on Oceanic Research (SCOR), 4:437 Scientific evidence, 1:230–31, 253–54, 301, 311, 4:398 (see also Evidence) Scientific information/knowledge, 1: 231, 254, 6:338, 485 (see also Data; Marine scientific research; Scientific evidence; Technology transfer) Scientific research (see also Marine scientific research) as an agenda item for UNCLOS III, 1:35, 90 on the continental shelf, 3:578 data collection/sharing, 3:667 and dispute settlement, 5:85 documentation of, 5:xxx Draft Agreement on Straddling and Highly Migratory Fish Stocks on, 3:645–46 in enclosed/semi-enclosed seas, 3:630 in the exclusive economic zone, 3:579– 80, 588, 597 freedom of, 3:72, 75–79, 83–84, 610 and marine environment protection/ preservation, 4:91–97, 112–13 vs. marine scientific research, 4:502 use of term, 3:84, 4:441–42 SCOR (Scientific Committee on Oceanic Research), 4:437 Sea, use of term, 2:44, 4:757 Seabed boundary delimitations, 6:79 Sea-Bed Committee (Committee on the Peaceful Uses of the Seabed and the

Index of Volumes I-VI Ocean Floor beyond the Limits of National Jurisdiction), 6:23–35 (see also Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction; Economic and Technical Sub-Committee; General Assembly resolutions; International régime; Legal SubCommittee; Resolution 2750 C; Sub-Committee I) on aircraft, 2:334, 385–86 on anadromous stocks, 2:668–70 approval to examine dispute settlement provisions, 5:xiii on archipelagic States, 2:401, 408–9, 419, 435, 482–83 on archipelagic waters, 2:439, 457, 466–67 on artificial islands, installations and structures, 2:574 on baselines, 2:88, 92, 97, 110, 130, 419, 435 on bays, 2:115 on breadth of the territorial sea, 2:79, 85, 497–98 on catadromous stocks, 2:681–82 on charges levied on foreign ships, 2:235 on charts, 2:146 on coastal States, 2:230, 369, 496–97, 525, 786–89, 893–94, 4:283, 528–30 on the common heritage of mankind, 6:24 composition of, 6:23 consensus vs. voting in, 1:19, 101 on conservation/management of living resources, 2:597–99 on the contiguous zone, 2:268–69 on the continental shelf air space over, 2:901–2 artificial islands/installations on, 2:920–21 cables and pipelines on, 2:911 coastal States’ rights re, 2:829–30 delimitation between opposite or adjacent coasts, 2:954–55 drilling on, 2:928 marine scientific research provisions, 4:503 outer limits of, 2:842 payments/contributions from exploitation of, 2:933 rights of coastal States over, 2:893–94 on criminal jurisdiction in relation to foreign ships or vessels, 2:240 on definitions vs. use of terms, 2:30– 31 on dispute settlement, 5:5–6

445 documentation of, 1:li–lii, 2:xxxv– xxxvi, 3:xxxiii–xxxiv, 4:xxxi–xxxii, 5:xxvii–xxviii, xxxiii, 6:xxxi–xxxii documentation on international agreements used by, 5:233n.5 Economic and Technical Sub-Committee, 5:xxviii, 6:23–24 on enforcement of laws and regulations of coastal States, 2:786–89 enlargement of, 1:31, 405, 6:30 establishment of, 1:18–19, 404–5, 2:3, 3:3, 4:54, 5:xxvii on the exclusive economic zone, 2:515, 525, 547–49, 556, 574, 801–3 on final provisions, 5:169 on fisheries, 2:483 on flag States’ responsibility and liability, 2:257 on General Assembly resolution 3201 (S-VI), 6:32n.106, 6:181 General Assembly resolutions re (see under General Assembly resolutions) on geographically disadvantaged States, 2:737–38, 4:583 goals of, 1:lxii on highly migratory species, 2:650–51, 996 on immunities of warships, 2:261n.2, 2:262 on innocent passage, 2:53–54, 153–55, 160, 167, 187, 195, 223, 386, 392, 457 on innocent passage through straits, 2:284–87 on the international machinery, 6:65 on the international régime, 6:31, 80–81, 285 International Régime and International Machinery Sub-Committee, 5:xxvii on islands, 3:321–22, 327–28 on landlocked States, 2:696–98, 3:378–80 Law of the Sea Sub-Committee, 5:xxvii Legal Sub-Committee, 5:xxvii–xxviii, 6:23–24, 26, 96–97 on the limits of the Area, 6:78–80 on low-tide elevations, 2:127 main trends emerging from (see Main Trends Working Paper) mandate expansion of, 6:23, 6:35n.118 mandate of, 5:xxvii marine environment preservation/protection deliberations of re activities in the area, 4:150, 228–31 re adverse consequences from exercise of powers, 4:331 re civil proceedings, 4:360 re coastal States’ enforcement obligations, 4:283

446 context for, 4:10–11 re damage notification, 4:83–84 re data and information exchange, studies, and programmes, 4:91 re developing States, technical assistance for, 4:99–101 re dispute settlement, 4:41n.9 re dumping, 4:158–59, 234–35 enlarged mandate for, 4:55 re flag States’ enforcement obligations, 4:242–43 re global and regional cooperation proposals, 4:79 information negotiations on, 4:64 re investigation of foreign vessels, 4:336 re maritime casualties, 4:304 re monetary penalties and rights of the accused, 4:363–64 re nondiscrimination against foreign vessels, 4:346 re notification of flag States, 4:372 and obligations of conventions, 4:423 re pollution, 4:70–72, 87, 112–13, 128, 137–38, 150, 182–84, 209, 216, 223, 316 re port States’ enforcement obligations, 4:260–62 re powers of enforcement, 4:325–26 re preferential treatment for developing states, 4:106 provisions re, 4:9–10 re responsibility and liability, 4:401–3 re seaworthiness of vessels, 4:274 re sovereign rights, 4:46 re straits used for international navigation, safeguards re, 4:383 suspension and restrictions on proceedings involving, 4:350–51 re technologies’ use, 4:74 re transferring or transforming hazards or pollutants, 4:70–72 re violations proceedings, 4:322 working paper on, 4:37–38 on marine mammals, 2:660 on marine scientific research, 2:350, 482 marine scientific research provisions re Area-based research, 4:604 re assistance and facilitation for research vessels, 4:598 conditions to be complied with, 4:540–42 re the continental shelf and exclusive economic zones, 4:503 re dispute settlements and interim measures, 4:645 general provisions, 4:441 re implied consent, 4:562–63 re information to coastal States, 4:528–30

Index of Volumes I-VI re

installations and equipment, 4:614–15, 621, 624, 627 re international cooperation on research, 4:468, 474–75 overview of, 4:430–37 principles for conduct of, 4:456–57 re publication and dissemination of information and knowledge, 4:481–82, 486 re responsibility and liability, 4:634 re rights of landlocked and geographically disadvantaged states, 4:583 re suspension or cessation of research, 4:571 re territorial seas, 4:490–92 marine technology development/transfer, deliberations on, 4:665–66, 668, 690 meetings of, 6:26 member States, 1:181–83 on minerals, use of term, 6:71 and NIEO, 6:32n.106 on noncompliance of warships with coastal State laws and regulations, 2:254 on nuclear substances, 2:218 on ocean space, 2:44, 85 on opposite or adjacent coasts, 2:135, 137–38 organizational meetings of, 6:26 Pollution, Scientific Research, and Transfer of Technology Sub-Committee, 5:xxvii on ports, 2:121 proposals submitted to, number/scope of, 6:35n.118 reports by, 4:xiv on resources, use of term, 6:71 on roadsteads, 2:124 on safety aids in straits, 2:380–81 and the Sea-Bed Disputes Chamber, 5:400 on sea lanes, 2:206–7, 356–57, 466–67 on sedentary species, 2:687–88 on ships, 2:334, 385–86, 482–83 single preparatory text, effects of not producing, 1:50–54 on sovereignty, 2:66–67 on States’ rights/duties in the exclusive economic zone, 2:556, 558 on stocks in the exclusive economic zone, 2:641 on straits, 2:295–96, 302–3, 317–18, 323, 385–86, 392 Sub-Committee I (SC.I) (see First Committee (UNCLOS III)â•›) Sub-Committee II (SC.II), 1:li–lii, 5:xxviii Sub-Committee III (SC.III), 1:li–lii, 5:xxvii on submarines, 2:180

Index of Volumes I-VI on superjacent waters/air space, 2:901– 2, 6:87–89 on territorial seas, 2:79, 85, 497–98, 4:490–92 and the Third Conference on the Law of the Sea, 6:30–31 on traffic separation schemes, 2:206–7 on transfer of rights to exploit living resources, 2:775–76 on use of terms and scope, 2:30–31 on utilization of living resources in the exclusive economic zone, 2:616–18, 622 on warships, 2:250 and the Working Group on the International Regime, 6:34–35, 6:37n.124 Sea-Bed Disputes Chamber, 6:65–66, 595–644 (see also Ad hoc chambers of the SeaBed Disputes Chamber; Fact finding; Majority; Proceedings; Tribunal) access to, 1:392, 5:374, 411–13 advisory opinions of, 1:273, 293, 393, 5:367, 6:641–44, 921 amendments to rules of, 5:417 applicability of the Statute of the Tribunal to, 5:416 and applicable law, 5:413–14 arbitration rules of, 6:621–23, 625–29 arbitration rules used by, 6:622–23, 625–29 and the Assembly, 1:273, 293, 6:374– 75, 377, 634–37 and the Authority, 1:280, 283, 5:404–5 on Authority–State disputes, 6:619 autonomy of, 1:27 and the Charter of the United Nations, 6:605 composition of, 1:391–92, 5:402–8, 6:3 on contracts/plans of work, 6:619, 6:619n.18, 6:637 Council’s powers/functions re proceedings before, 6:437, 450, 456, 479 decisions of, 1:283, 392, 5:414–16 discretion of, 1:292 enforcement of decisions of, 5:414–16 establishment of, 1:290, 386, 5:12, 35–36, 336, 360–61, 399–403, 6:3, 595, 605, 621, 918 Group of Legal Experts on, 5:402–3, 405, 6:616 ICNT on, 6:623, 629, 634–36, 639–40 vs. the International Court of Justice, 6:638–40 ISNT on, 6:623, 632 juridical persons, use of term, 6:618 jurisdiction of, 5:437, 6:608–20, 6:615n.13, 6:918–19 re application/interpretation of Part XI and annexes, 1:290, 6:608–9, 617–19

447 re contracts, 1:291, 6:608, 615 declaration of acceptance of, 1:330 disputes between States Parties, 6:616–17 historical background of, 6:608–15 limitations on, 1:292, 6:630–37, 920 manner of exercise of, 1:290 Part XI on, 1:386 re provisional measures, 1:332 scope of, 1:331, 5:46–48, 6:634–37 over seabed matters, 1:27 special, 5:48 States Parties’ obligation to accept, 5:40 re States Party–Authority disputes, 1:290–91, 6:608–9, 615, 617–20 and the Tribunal’s jurisdiction, 5:378 re wrongful damage by the Authority, 6:499–500 law applicable to, 1:392 and marine environment protection/ preservation disputes, 4:231 on marine scientific research, 4:655 members of nationality of, 5:366–67, 407 terms of office, 5:403, 406–7 and merger of Sea-Bed Tribunal and Law of the Sea Tribunal, 5:401, 5:401n.40, 5:413–14 power to prescribe provisional measures, 5:385, 387 President of, 1:391–92, 5:403, 406–7 procedures of, 5:399–417 proceedings on behalf of the Authority, 1:280, 283 provisional measures of, 1:332, 389 quorum of, 1:392, 5:359 representative of principal legal systems, 5:403, 405–6 rights/obligations of parties to a dispute, 6:605–6 RSNT on, 5:335–36, 6:623, 639 rules of procedure for, 5:399–417 ruling by, 1:290–92 States Parties or their nationals, disputes involving, 6:616 States Parties’ participation/appearance in proceedings, 6:638–40 submission of disputes to, 6:621–29 term of office of members/officers, 1:391–92 vacancies in, 1:391–92, 5:350, 403, 407 Seabed mining (see also Mining) and access to dispute settlement, 5:65 legislation on, 6:834–35, 6:834–35n.4, 6:844 revenue from, 5:372 seabed mining code, 4:710, 6:55–56 technology for, 1:366–67

448 Seabed/ocean floor/subsoil (see also Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction) coastal States’ sovereign rights re, 1:228 as the common heritage of mankind, 1:207 laws and regulations re, 2:52, 492, 2:492n.2 legal status of, 2:64, 437–42 and the limits of the continental shelf, 1:239 and marine environment preservation/ protection, 4:135–46, 149, 181, 222–26 marine scientific research on, 4:433, 502, 605 marine technology development/transfer re, overview of, 4:668 pollution from installations on, 1:294 resources in, 1:225, 241 sovereignty over, 2:66 subsoil, use of term, 2:74 use of terms, 2:74 Sea boundary disputes, 5:107, 122–27 Sea lanes (see also Archipelagic sea lanes passage; Archipelagic waters; Due publicity; Routes; Tankers; Traffic separation schemes) and archipelagic States, 2:404–6, 463– 80, 3:627 and archipelagic waters, 1:226–27, 2:38, 67–68 charts of, 1:215, 222, 227 and coastal States, 2:206–10, 375 in exclusive economic zones, 1:230 Fiji on, 2:206–8, 358 and innocent passage, 1:215, 2:209 interference with, 1:230, 263 international, 1:230, 263 and marine scientific research, 2:206, 208, 4:627–28 for noxious-substance shipping, 1:215 and nuclear-powered ships, 2:204, 208, 210 and nuclear substances, 2:207–10 in straits, 1:221–22, 2:354–66, 3:568–69 and submarines, 2:207 and tankers, 2:204, 207–10 in territorial seas, 1:215, 2:204–13 Sea-lanes passage, right of, 3:81 Search and rescue services, 1:247, 3:148, 170–77, 3:175–76nn.10–11, 3:507–8, 608, 4:20n.29 (see also Safety at sea)

Index of Volumes I-VI Searches (see also Search and rescue services; Seizure) immunity from, 1:288, 6:567–68 for narcotic drugs, 3:228, 230, 614 Seas (see also Enclosed/semi-enclosed seas; High seas; Territorial seas) aggression and peaceful uses of (see also Peaceful purposes) freedom of, 6:5–6, 6:5n.5 (see also Freedom of the high seas) peaceful uses of, 1:207, 337, 461–62, 5:153–55 use of, 1:207–8, 229, 313, 334 use of term, 2:44, 3:352–53 Seaworthiness of ships, 1:245 use of term, 2:47, 3:147, 4:759 of vessels, 1:305, 309, 4:273–78 Second Committee (General Assembly), 6:17 on marine environment protection/preservation, 4:11, 4:20n.29, 4:141–42, 164, 195, 270, 327, 374, 383–84 Second Committee (UNCLOS I) on cables and pipelines on the continental shelf, 2:910, 912 on Commission on the Limits of the 2:1008–9, Continental Shelf, 1012–13 on delimitation of the continental shelf, 2:962–63, 976, 978, 1022 marine scientific research duties of, 4:502–3, 627 on payments/contributions from exploitation of the continental shelf, 2:940, 945 Second Committee (UNCLOS III), 6:45 (see also Main Trends Working Paper; Report of the Second Committee) on anadromous stocks, 2:676 on artificial islands, installations and structures in the exclusive economic zone, 2:582–83 on catadromous stocks, 2:684 chairmen’s reports on, 2:18–19 complexity of issues addressed by, 1:44 on the continental shelf, 2:830–33, 854–55, 857–59, 864–65, 869–70 on delimitation disputes, 5:131, 5:131n.42 documentation of, 5:xxix, xxx on enforcement of laws and regulations of coastal States, 2:793 on the exclusive economic zone, 2:500– 502, 806, 809–10 on geographically disadvantaged States, 2:752 influence of, 3:xiii

Index of Volumes I-VI informal working groups of, 1:415, 1:415–16n.39 International Oceanic Commission to the Second Committee, 2:860 on landlocked States, 2:701, 710–11, 715 on low-tide elevations, 2:102 marine environment protection/ preservation terminology used by, 4:15 on marine mammals, 2:663 and marine scientific research, 4:449, 490, 502–6, 509–10 officers of, 1:411, 2:xlvii, 3:xlv on opposite or adjacent coasts, 2:806, 809–10 on outer limit of the territorial sea, 2:85 on participation clause of final provisions, 5:183 on peaceful uses of the seas, 5:153–54 on ships, use of term, 2:45 on sovereignty, 2:71, 2:71n.8 on territorial seas, 2:56 on underwater archaeology, 5:159 work of, 2:1–23, 3:1–23 Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction established, 2:2–3, 3:2–3 agenda items, 1:87–90 on archipelagic States, 2:67–68 on archipelagic waters, 2:67–68 articles, overview of, 2:1, 3:1 on baselines, 2:88 chairmanship, 2:1, 3:1–2 chairmen’s reports on, 3:18–19 and the Committee of the Whole, 2:8–9 completion of, 3:17 re delimitation, 5:12 and the Drafting Committee, 3:17 formal meetings, 2:11, 3:11, 18 on harmonization of texts of Geneva Conventions (1958), 1:142–43, 3:17, 19 ICNT, 3:15, 21–22 informal groups established, 1:93– 94, 3:12–13, 15 informal meetings, 2:11–12, 3:11– 12, 18 on islands, 3:327, 3:327n.2, 3:330 ISNT/Part II, 3:13–14, 21 key elements negotiated, 2:22–23, 3:22–23 on the legal status of the exclusive economic zone, 3:15–16 and the Main Committees, 2:8–9, 3:8–9

449 Maltese initiative, 2:2–3, 2:2n.4, 3:2– 3, 3:2n.4 on marine environment protection/ preservation, 4:393 negotiating groups established, 3:15– 17, 5:xiv on order of Parts in negotiating texts, 3:21–22 on Plenary items, 2:10–11, 3:10–11 RSNT, 1:119–20, 3:14–15, 21 rule of silence for, 3:14 Sea-Bed Committee established, 2:3, 3:3 Sea-Bed Committee reorganized into Sub-Committees, 2:4–5, 3:4–5 SNT preparation, 1:116 sources of articles negotiated, 3:20 on straits, 2:279–80 subjects/issues list, 2:5–8, 3:5–8 Second period of commercial production, 1:360 Second United Nations Conference on the Law of the Sea. see UNCLOS II Secretariat, 6:40 (see also Secretary-General) and conflict of interest, 6:483 budget of, 6:493–94 and the Charter of the United Nations, 6:483–84, 489, 503 Enterprise’s functions performed by, 6:507, 509–10, 522, 912–13 ICNT on, 6:488, 493, 498–99 ISNT on, 6:488, 492–93, 497–98 RSNT on, 6:483, 488, 493, 498, 502 decision-making in, 6:65n.231, 6:336– 37, 383 on denunciation of the Convention, 5:280 establishment of, 1:272, 6:483, 487, 493 financial disinterest of staff, 6:495, 497 functions of, 1:477, 482, 6:490 inspectors directed/supervised by, 6:483–84 international character of, 1:284–85, 6:483, 495–500, 910–11 and marine technology development/ transfer, 4:665–66, 688 nondisclosure of confidential information by staff, 6:495–98, 573 organization of, 6:494 as an organ of the Authority, 6:65, 363, 367–69, 487, 506 qualifications/recruitment of staff, 6: 483, 487, 491–94 size of, 6:57n.218, 6:493–94 and the U.N. Administrative Tribunal, 6:498–99, 6:499n.5 UNCLOS III role of, 1:15, 66

450 Secretary-General (Authority), 6:483– 505 (see also Authority; Candidates; Depositary functions; Geographical coordinates; Payments) annual report to Assembly, 1:284 appointment/dismissal of staff, 1:284–85 appointment/functions of, 6:483 appointment of interim Director-General, 1:482 Authority’s budget prepared by, 1:287, 490, 6:532–35 as the Authority’s chief administrative officer, 6:486–87, 489 Canada on, 6:483, 487 candidates for, 1:273, 277, 284, 6:435, 447, 449, 455 Chile on, 6:483, 487–88, 492, 497 Colombia on, 6:483, 487, 492, 497 consultations/cooperation with international/nongovernmental organizations, 1:285, 6:501–5, 6:504n.7, 6:911 convocation of special sessions of Assembly, 1:272 depositary functions of, 1:243, 3:679 Ecuador on, 6:483, 487, 492, 497 election/term of, 1:273, 277, 284, 6:387, 391–92, 395–97, 402–3, 486–89, 6:488n El Salvador on, 6:483, 487, 492, 497 on final provisions, 5:171–72 financial disinterest of, 6:495, 497 functions of, 1:284, 405, 3:676–79, 5:271, 6:486, 488–89 Group of 77 on, 6:488 Guatemala on, 6:483, 487, 492, 497 Guyana on, 6:483, 487, 492, 497 ICNT on, 6:488, 493, 498–99 Informal Consultations of, 6:57–63, 6:58–60nn.219–224 ISNT on, 6:488, 492–93, 497–98 Jamaica on, 6:483, 487, 492, 497 Malta on, 6:483, 487, 492, 497 and marine environment preservation/ protection, 4:149 marine technology development/transfer, report on, 4:668 Mexico on, 6:483, 487, 492, 497 nondisclosure of confidential information by, 6:495–98, 573 on officials, categories, 6:553 Panama on, 6:483, 487, 492, 497 as part of the Secretariat, 6:489 Peru on, 6:483, 487, 492, 497 Poland on, 6:483 privileges and immunities of, 1:289 reports to the Assembly by, 3:676, 678–80, 6:486–87, 489–90 responsibility and duty of, 1:284–85

Index of Volumes I-VI RSNT on, 6:483, 488, 493, 498, 502 Tanzania on, 6:483, 487 Trinidad and Tobago on, 6:483, 487, 492, 497 U.K. on, 6:483, 487–88 Uruguay on, 6:483, 487, 492, 497 U.S. on, 6:483, 487–88, 492, 497–98, 502 use of term, 6:549 Venezuela on, 6:483, 487, 492, 497 written communications addressed to, 1:342 Secretary-General (United Nations) (see also Communications; Depositary functions; Due publicity; Geographical coordinates) and arbitrators’ list, 1:393–94 circulation of amendments to States Parties, 5:289 circulation of communications to States Parties, 1:331, 337, 341, 344, 5:244, 246 communications/notifications addressed to, 1:341, 343, 381, 5:244 and conciliators’ list, 1:379–80, 5:311, 314–15 convocation of meeting of States Parties, 1:346, 383, 5:289 convocation of the Preparatory Commission, 1:423 on the denunciation clause, 5:281 depositary functions of, 1:343–44, 5:108, 186, 244, 289–300, 5:291n.1, 298n dispute settlement by, 5:134 drawing of lots for terms of office of Tribunal members, 1:384 on the exclusive economic zone, 2:509– 10, 2:510n.46 experts appointed by, 1:399 on marine scientific research, 2:41 nominations for Commission on the Limits of the Continental Shelf, 1:346 nominations for Tribunal, 1:383 notification of convening amendment conference, 5:244 to observers, 1:344, 5:289 of ratification and formal confirmation of the Convention, 5:199 of simplified amendment of the Convention, 5:267 to States Parties, 1:341–42, 344, 346, 5:289 procedure for election of members to Tribunal, 5:345 recommendations received from Commission on the Limits of the Continental Shelf, 1:347 relations with observers, 1:344

Index of Volumes I-VI reports to the Authority, 5:289 as a depositary function, 5:298–99 to international organizations, 5:289 to State Parties, 5:289 on revision/amendment of the Convention, 5:247, 267 on the termination clause, 5:281 transmission of copies of declarations to States Parties, 1:331, 337 Security (see also Bonds or other financial security; Borrowing power; Good order and security; Peace and security) Charter of the United Nations on, 6:112–613 of a coastal State, 1:213–14, 216, 226, 3:564 financial, 5:71 international peace and, 6:113n, 116n.8 national, and disclosure of information, 5:156–57 principles of international law on, and general conduct of States, 6:112– 617 of a State Party, 1:337–38 of tenure, 1:269, 271, 365, 6:959 Security Council (United Nations), 1:336, 5:89, 91, 95, 107, 109–11, 113, 138–41 SEDCO (U.S.), 6:67n.237 Sedentary species, 1:235, 241, 2:39, 506, 687–89, 897–98, 6:76 Seizure (see also Boarding; Piracy) damage caused by, 1:249–50, 252 of illicit drugs, 3:228, 614 immunity from, 1:288, 378, 6:567–68 liability for, 1:249 loss or damage due to, 1:249–50, 252 of pirate ship or aircraft (see under Pirate ships or aircraft) Self-determination, right of, 5:183 Self-governing associated States, 1:338–39 Self-protection/self-help, 4:305 Semi-enclosed seas. see Enclosed/semienclosed seas Semi-independent States, 5:182–84 Seminars, 1:324, 327 (see also Training) Semi-processed metals, 1:360–62 Senegal, 2:143, 633, 5:170, 5:170n.10, 6:384 Sépahbody, M. (of Persia), 3:485 Settlement of disputes. see Dispute settlement Shall, use of term, 2:xlv–xlvi, 685, 3:xliii–xliv, 3:xliii n.2, 4:xli–xlii, 36, 6:xliii–xliv Share of net proceeds, 1:358–64

451 Sharks, 1:345 Shelf-locked States and States with narrow shelves or short coastlines, 1:34, 90, 3:621–23 Shipowners, 3:111, 4:4, 378 Shipping routes, 1:321, 4:626–28 (see also Routes) Ships (see also Boarding; Bonds or other financial security; Craft; Crews; Damage; Detention; Enforcement; Equipment; Flags; Flag States; Force majeure; Foreign ships or vessels; Freedoms of navigation and overflight; Government ships; High seas; Immunity; Inspection; Investigation; Jurisdiction; Loss or damage; Manning regulations; Maritime casualties; Maritime traffic; Master; Mutiny; Nationality, of ships; Navigation; Nondiscrimination; Noxious substances; Officers; Piracy; Proceedings; Registry; Release; Responsibility and liability; Safety at sea; Sovereign immunity; United Nations Convention on Conditions for Registration of Ships; Vessels; Warships) anchorage of, 1:308 arrest/detention of (see Arrest) assistance to, 1:213, 247 carrying nuclear substances, 3:559 Charter of the United Nations on, 2:341–42 danger to, 1:213, 247, 308, 2:384, 388–89 design of, 1:215, 294, 301, 303–4, 2:202 flying a foreign flag/refusing to show flag, 3:237, 239–41, 243–45, 509 boarding of, 3:612–13 flying the flag of a State, 3:103–8, 506–7, 509 (see also Flag States) flying the flag of the International Atomic Energy Agency, 3:128–34 flying the flag of the United Nations, 3:128–34, 3:133n.10 on government noncommercial service, 2:260–65, 3:157–64, 4:326–29 hospital, 3:134 and innocent passage, 2:406 inspection of, 3:108, 601 laws and regulations on, 2:332–48, 481–87 log-books on, 3:113 manning of, 3:113–14 marine environment protection/preservation proposals involving, 4:17–22, 187, 247, 302–14, 378, 382–91 and marine scientific research, 4:495, 625 merchant, 1:216–18, 2:55

452 nationality of, 1:218, 244–45, 248–50, 3:103–9, 3:107n.7, 3:122–27, 606, 612 nondiscrimination between, 2:203 nuclear-powered, 1:215, 3:559 ownership of, 3:113–14 pirate (see Piracy) registration of, 3:103–9, 112–13, 115–16, 606 (see also under Flag States, duties on the high seas) rules applicable to, 1:213–18 safety re (see Safety at sea) seaworthiness of, 1:245 seizure of, 1:249 status of, 1:245, 2:55, 3:122–27, 506, 606 transfer of ownership of, 1:245 and transit passage, 2:385–86 use of term, 2:36, 45–46, 156, 3:101, 111, 187, 4:758–59 Shotwell, James T., 6:7n.15 Sierra Leone, 2:646n.13 Signature and accession, 5:173, 273 to the Agreement, 1:474–75, 493–94, 6:856, 858 and authentic texts of amendments, 5:273–74 categories of participants, 5:180 of the Convention abstentions from, 1:xxviii dates for, 5:177 and dispute settlement re interpretation/application, 1:330 final provisions on, 1:338–39 importance of, 1:17, 5:182–83 by international organizations, 1:339, 400, 5:177, 190, 456–57 list of, 5:197n number of signers, 1:xxviii, 11, 23, 3:382n.52, 5:197 participation clause of final provisions, 5:177–97 by pioneer investors, 1:426–28 Preparatory Commission convened following, 1:423 and rejection of dispute settlement procedures, 1:335–36 States/territories as, 5:177, 179, 182–83 table of, 1:xxxiv–xxxix, 495–98 of the Convention amendments, 1:342 by declaration of succession, 5:180–81 as entitlement to participate in Convention, 5:177, 179 of the Final Act of the Third United Nations Conference on the Law of the Sea, 1:23, 271, 433–34 final provisions on, 5:171–73, 177–97, 273–74 of a judgment, 1:390

Index of Volumes I-VI rights and obligations conferred by, 5:194–95 special effects of, 5:195 time limits for, 5:273 United Nations Conference on Succession of Sates in Respect of Treaties, 5:181–82 Simplified procedure (see also Amendments) for the Agreement, 1:474–75, 6:858 for amendment/revision of the Convention, 5:267–69 for amendments, 1:341–42 Singapore on archipelagic States, 2:451 on the collegiate system, 1:123–24 on the Commission on the Limits of the Continental Shelf, 2:1008 on the continental shelf, 2:844, 2:845n.7, 2:867–68 discussions/agreements/deals re UNCLOS III issues, 1:58 on enforcement of laws and regulations of coastal States, 2:792 on the exclusive economic zone, 2:536, 550 on geographically disadvantaged States, 2:744 on a review conference, 5:293 on settlement of disputes in the exclusive economic zone, 2:568 on the SNT, 1:114 on sovereignty, 2:71 and straits, 2:330 on transfer of rights to exploit living resources, 2:779 on utilization of living resources in the exclusive economic zone, 2:631 Single Convention on Narcotic Drugs (1961), 3:225, 3:225n.1, 5:247 Single Negotiating Text. see SNT Site-banking system, 6:297, 699–700, 810–11, 838, 846 (see also Reserved areas) Sitensky, M. (of Czechoslovakia), 3:485 Sites (mine), 1:242, 355, 368, 374, 430, 483 Sixth Committee (General Assembly), 6:17 Size of areas for exploration and exploitation, 1:353, 355, 365–67, 429 Sjöborg, M. (of Sweden), 3:485 Skipjack tuna, 1:345 Slavery Convention (1926), 3:179 Slavery/slave trade abolition of, 3:179, 3:179n.1, 3:180–81 hot pursuit of ships transporting slaves, 3:181 prohibition of transport of slaves, 1:247, 3:178–81, 508–9, 613

Index of Volumes I-VI right of visit against ships engaged in, 1:250, 3:237, 239–42, 244–45, 509–10 Slope, continental, 1:239–40, 2:874, 879 SNT (Single Negotiating Text), 1:xxvii, 51, 56, 113–20 (see also RSNT) Socialist States, 4:446, 465, 544 on assistance and facilitation for research vessels, 4:598–99 on the continental shelf and exclusive economic zones, 4:504 on information to coastal States, 4:531–32 on installations and equipment, 4:616, 624, 630 on international cooperation, 4:468 on legal status of installations and equipment, 4:621–22 on marine technology development/ transfer, 4:690 on principles for the conduct of marine scientific research, 4:458 on promotion of research, 4:452 on publication and dissemination of information and knowledge, 4:483–84 on rights of landlocked and geographically disadvantaged states, 4:584–85 on safety zones around installations, 4:624 on territorial seas, 4:493 on warning signals, 4:630 on water columns, 4:610 Sohn, Louis B. (of the U.S.) on alternatives to exemption procedures, 5:120–23, 126 on the arbitral tribunal, 5:426n background of, 5:xvii on dispute settlement, 1:110, 2:965, 970, 5:12, 127–28 drafts prepared by, 5:xvi as informal group rapporteur, 5:7 on maritime boundary disputes, 5:118 Somalia, 2:981, 4:563, 4:580n Sondaal, Hans H. M. (of the Netherlands), 1:92, 6:xlvi, 41, 55, 304, 653 The Sound (straits between Denmark and Sweden), 2:307–8, 2:308n.12 South Africa, 5:182n South-east Asia, 2:215 Southern bluefin tuna, 1:345 South Pacific Commission, 3:45 South Pacific Forum, 3:45 South Pacific Forum Fisheries Agency (FFA), 2:658, 3:301 South West Africa People’s Organization, 5:487 Sovereign immunity, 1:223, 312, 4:416– 21, 5:135–36 (see also Warships)

453 Sovereign rights (see also Exclusive economic zone; Natural resources; Right(s); Sovereignty) and archaeological research, 5:162 and the Area, 1:259 of coastal States, 1:228, 238, 240–41, 293–94, 316, 334–36, 5:85–86 and limitations to dispute settlement procedures, 5:95, 107 and marine scientific research, 4:494 over military activities disputes, 1:336 Sovereignty (see also Archipelagic States; Archipelagic waters; Dispute settlement; Sovereign rights; Territorial seas; Transit States) over air space, 1:209, 219, 225, 302, 307, 2:66–68, 70–74, 3:96–97, 496, 548 of archipelagic States, 1:77–78, 209, 225, 2:64, 66–67, 71, 86, 405, 3:625 over archipelagic waters, 1:24, 209, 225, 2:66–67, 71, 3:625, 4:490n and the Area, 1:259, 270, 6:28, 105–10 (see also Area, legal status of) of coastal States (see under Coastal States) and conciliation procedures, 5:310–11 over the continental shelf, 3:571 Convention on the Territorial Sea and the Contiguous Zone on, 2:66, 72 and denunciation clauses, 5:282 disputes re, 1:336, 433 over the exclusive economic zone, 3:96 and exploration/exploitation of the Area, 6:103–4 over the high seas, 1:244, 3:93–97, 3:94n.1, 3:605, 6:100 over internal waters, 1:209 and marine environment protection/ preservation re coastal states’ enforcement obligations, 4:298–302 re pollution, 4:46, 48–49, 132–34, 137–46, 181–213, 219–20 re responsibility and liability, 4:410–11 and marine scientific research in archipelagic waters, 4:490n on the continental shelf and exclusive economic zones, 4:504, 511–12, 517 dispute settlements and interim measures re, 4:651–56, 661 and installations and equipment, 4:614–17 and international cooperation, 4:466–72 non-recognition of, as basis for claims, 4:464

454 and responsibility and liability, 4:638–41 and territorial seas, 4:488–95 and national and regional marine scientific and technological centres, 4:722 Review Conference on, 6:318, 323, 325, 329 vs. rights of private companies, 5:64 Sea-Bed Committee on, 2:66–67 over seabed/ocean floor/subsoil, 2:66 vs. sovereign rights, 3:96 of States bordering straits, 1:219, 221 over territorial seas, 1:209, 2:66, 3:466– 74, 496 of transit States, 1:256 use of term, 3:96, 467 Soviet Union on accommodation of activities, 6:209–10 on aircraft, 2:334, 385–86 on anadromous stocks, 2:669 on Annex III, 6:657n.16, 6:661, 671– 72, 686 arbitration chosen by, 5:422n.2 on artificial islands, installations and structures, 2:582, 925 on the Assembly, 6:378, 392, 394 on the Authority establishment, 6:341–42, 6:345n.9 financial arrangements, 6:530, 539, 543 organs, 6:366 on the benefit of mankind, 6:133–34 on the breadth of the territorial sea, 1:37, 2:497, 3:486 on coastal States, 2:369, 791, 793 on the Commission on the Limits of the Continental Shelf, 2:1006 on conservation/management of living resources, 2:598, 607, 2:646n.14, 3:306 on the continental shelf, 2:842–43, 857, 862–63, 867–69, 889, 925, 943 on the Council, 6:420, 422–23, 425, 429 on the Declaration of Principles, 6:25–26n.90 on delimitation disputes, 5:130 discussions/agreements/deals re UNCLOS III issues, 1:58 dissolution of, 3:375 on enclosed/semi-enclosed seas, 3:351, 363 on enforcement of laws and regulations of coastal States, 2:791, 793 on environmental protection, 6:197 on the exclusive economic zone, 2:519, 528–29, 574, 582, 3:68 on exploration/exploitation, 6:299 on immunity of ships on government noncommercial service, 3:159–60

Index of Volumes I-VI on innocent passage, 2:177–78, 203, 227, 284–85 on installations in the exclusive economic zone, 2:574 on international organizations’ rights/ duties, 5:187–88 on landlocked States, 2:696 on the legal status of the exclusive economic zone, 3:68 on licensing legislation by States, 6:54 on the limits of the Area, 6:80 marine environment preservation/protection proposals by re activities in the area, 4:228 re adverse consequences from exercise of powers, 4:333 re dumping, 4:160, 235–36 re ice-covered areas, 4:393 re investigation of foreign vessels, 4:342 re maritime casualties, 4:307–8, 313 re monetary penalties and rights of the accused, 4:366 re nondiscrimination against foreign vessels, 4:347 re notification of flag States, 4:374 re obligations of conventions, 4:423 re pollution, 4:61, 188, 218, 224 re powers of enforcement, 4:327–28 re proceedings for violations, 4:321–22 re responsibility and liability, 4:403 re scientific criteria for regulations, 4:95 re sovereign immunity, 4:418 re States’ liability due to enforcement of regulations, 4:379–80 re straits used for international navigation, safeguards in, 4:384–85, 4:384n re technical assistance to developing countries, 4:100 working paper from, 4:38 on marine scientific research, 2:350, 6:163 marine scientific research proposals by re assistance and facilitation for research vessels, 4:601–2 re dispute settlements and interim measures, 4:652, 659 re installations and equipment, 4:615, 625, 630 re international cooperation, 4:469, 476 re legal status of installations and equipment, 4:622 non-recognition of, as basis for claims, 4:465 re principles for the conduct of research, 4:459

Index of Volumes I-VI re publication and dissemination of information and knowledge, 4:484–85 re safety zones around installations, 4:625 re warning signals, 4:630 on marine technology development/ transfer, 4:703, 708, 715 on monopolies, 6:686 on nondiscrimination, 5:192 on nuclear-powered ships, 2:220 on nuclear substances, 2:220 on the Optional Protocol of Signature concerning the Compulsory Settlement of Disputes, 5:5n.4 on payments/contributions from exploitation of the continental shelf, 2:943 on peaceful purposes, use of seabed for, 5:171 on peace/security/cooperation, 6:114, 6:114n.2 as a pioneer investor, 6:67, 696–97, 6:696n, 6:823, 841, 845 on plans of work, 6:686 on policies on activities, 6:247 on prospecting, 6:661 on qualifications of applicants, 6:671–72 on Resolution II, 6:841, 6:842–43n.16, 6:843–45, 847–49, 6:849n.29 on resources, use of term, 6:72 on responsibility/liability, 6:121 on review of the international régime, 6:316 on rights of protection of coastal States, 2:233 on salvage of sunken ships, 3:174 seabed mining legislation of, 6:834n.4 on sea lanes and traffic separation schemes, 2:213, 357 on ships, 2:334, 385–86 special arbitration accepted by, 5:451 on the Statute of the Enterprise, 6:772, 777, 780, 798, 803 on straits, 2:296, 302–3, 325 strategic/security interests of, 1:42–43 on the territorial sea’s breadth, 2:3–4, 3:3–4 on UNCLOS III’s preparatory work, 1:53–54 on the uses of the seabed, 6:22 on utilization of living resources in the exclusive economic zone, 2:617–18 Spain on aircraft, 2:338–40, 2:340n.7 on the breadth of the territorial sea, 3:483 on coastal States, 2:373–74 on conservation/management of living resources, 2:607

455 on the continental shelf, 2:963–64 Convention signed by, 5:164 on the exclusive economic zone, 2:536, 807, 811 jurisdiction granted by Elizabeth I, 6:5, 6:5n.5 on marine environment pollution/preservation, 4:210, 311, 4:312n.13, 4:365, 4:385n.2 on marine scientific research, 2:351, 4:573–74, 587–88 on safety aids, 2:382 on sea lanes and traffic separation schemes, 2:361 on ships, 2:339 on straits, 2:297–98, 2:299n.9, 2:305, 311, 319, 327–28, 361, 388, 4:386– 88, 4:388n.10, 4:390 on transitional provisions, 5:482 on utilization of living resources in the exclusive economic zone, 2:634 Spanish language, for authentic texts, 5:301–2 Spanish Language Group, 1:149– 50n.72, 414n.29 Special arbitral tribunal (see also Arbitral tribunal) appointments to, 5:447–48 constitution of, 1:398–99, 5:447–49 experts for, 1:397–98 fact finding by, 1:399–400 as forum for interpretation/application disputes, 5:40 general provisions of, 5:449 overview of, 5:441–45 President of, 1:398–99 procedures for, 1:330, 398–400 recommendations by, 1:400, 5:450– 51 vacancies in, 5:448 Special arbitration (see also Special arbitral tribunal) categories addressed, 5:445 commission of inquiry, 5:441–42 documentation of, 5:441 for dumping, 1:397–99 experts for, 1:397–98, 5:446–47, 5:447n.8 fact finding, 5:449–51 general provisions of, 1:399 institution of proceedings under, 1:397, 5:445 re marine scientific research, 4:655–56, 5:445 re navigation, 1:397–99, 5:445 Special areas, pollution in, 1:301, 4:181– 83, 196–97, 395 Special chambers of the Tribunal, 1:291, 386, 5:361–63 Special circumstances. see Delimitation

456 Special Commission 4, 4:343n.7, 5:337, 5:355n, 5:364–65, 6:56 Special commission for the Enterprise. see Commission for the Enterprise Special interest groups. see Interest groups; Nongovernmental organizations; and specific groups Special interests of the Authority, Assembly and Council, 1:273, 275, 278, 280, 490 of developing countries, 1:207, 263 Specialized agencies of the United Nations, 1:245, 407–8, 439, 5:180 (see also Economic and Social Council; Food and Agriculture Organization; Intergovernmental Oceanographic Commission; International Atomic Energy Agency; International Civil Aviation Organization; International Hydrographic Organization; International Maritime Organization; United Nations) Specialized Conference of the Caribbean Countries on Problems of the Sea, 2:66, 3:281–82 Special Trade Passenger Ships Agreement (1971), 3:149 Species (see also Anadromous stocks; Fishing; Highly migratory species; Marine environment; Stocks) alien, 1:295 associated, 1:231–33, 253–54 catadromous, 1:234–35 dependent, 1:231, 253–54 endangered, 1:294 harvested, 1:231, 233–35, 253–54, 2:35 new, 1:295, 4:73–76 sedentary, 1:235, 241, 2:39, 506, 687–89, 897–98 use of term, 2:667n.1 Spiropoulos, M. (of Greece), 3:483–84 Sponsoring State or States, 1:292–93, 349–50, 479, 2:43, 6:920 (see also Certifying State; Partnership or consortium; Sponsorship) Sponsorship, 1:349–50, 432, 6:673–75, 931, 942–43 (see also Sponsoring State or states) Spurs, 1:240 Sri Lanka, 1:45, 6:518, 839 on the continental shelf, 2:834, 861, 2:861n, 2:868–69, 943, 1020–22 on fishing/fisheries, 5:91n on marine technology development/ transfer, 4:672–73, 691 national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:742–44, 747 on payments/contributions from exploitation of the continental shelf, 2:943

Index of Volumes I-VI on right to participate in the exploitation of continental shelf, 2:834 Standard Clauses for Exploration Contracts, 6:205 State bordering an enclosed/semienclosed sea, use of term, 2:43 State enterprises, 1:291, 426, 487 State instituting proceedings, use of term, 2:43 Statement of Objectives (IWGMP), 4:183 Statement of Understanding (1980), 1:346, 421, 2:1019–25 Statement on the United States Policy for the Seabed, 6:25–26n.90 Statements. see Declarations/statements/ notifications; Financial statements State of cultural origin, use of term, 2:43 State of historical and archaeological origin, use of term, 2:43 State of origin of anadromous, use of term, 2:43 State of registration/registry, 2:43, 3:111, 5:68 States (see also Archipelagic States; Coastal States; Cooperation; Developing States; Dispute settlement; Flag States; Geographically disadvantaged States; Industrialized States; Landlocked States; Neighbouring States; Port States; Sovereignty; Sponsoring State or States; States Parties; Third States; Transit States) “all States” clause in participation clauses of final provisions, 5:180–82 conduct in relation to the Area, 1:259, 6:112–17, 6:113n, 116n.8, 6:878 denunciation of the Convention by, 1:343, 5:279–85 duty to protect archaeological/historical objects found at sea, 5:158–62 on environmental protection, obligations re, 6:197, 199 island, 1:485, 2:91–94 jurisdictional immunities of, 3:36–37 legal personality of, 6:523 marine environment preservation/protection obligations, 4:37–40 re activities in the area, 4:152–54, 228–31 re developing states, 4:64 re dispute settlement, 4:41–42 re dumping, 4:165, 232–39 duties, generally, 4:207–13 re effects of activities, 4:124 re global and regional cooperation, 4:78–81 re harmonization of national laws, 4:64–65

Index of Volumes I-VI re imminent or actual damage, 4:82–85 re liability due to enforcement of regulations, 4:377–81 re maritime casualties, 4:305 measures to facilitate proceedings for, 4:321–24 and obligations of conventions, 4:425 re pollution, 4:58–61, 86–89, 127– 28, 137–46, 152–54, 176–206, 216–21, 224–26, 317–18 re publication of reports, 4:119–20 re responsibility and liability, 4:399–415 re sovereign immunity, 4:416–21 re sovereign rights, 4:45–49 Soviet Union proposals re role of, 4:61 re straits used for international navigation, safeguards re, 4:384, 391 re technologies’ use, 4:73–76 marine scientific research, duties re Area-based research, 4:603–7 assistance and facilitation for research vessels, 4:597–602 communication of information, 4:554–57 conditions to be complied with, 4:537–53 continental shelf and exclusive economic zones, 4:502 creation of favorable conditions, 4:473–78 general provisions re, 4:438–65 implied consent guidelines, 4:561–68 (see also under Consent) information to coastal States, 4:526–36 international cooperation proposals, 4:466–72 overview of, 4:435–37 promotion of research, 4:451–53 publication and dissemination of information and knowledge, 4:479–87 research installations and equipment, 4:613–19 rights of landlocked and geographically disadvantaged states re, 4:581–96 right to conduct, 4:438–50, 603–7 settlement of disputes and interim measures, 4:645–56 suspension or cessation of research, 4:569–80 water columns, 4:608–11 marine scientific research duties of and responsibility and liability, 4:632–42 marine technology development/transfer, obligations re, 4:665–66, 680–88, 708

457 metropolitan, 5:183 national and regional marine scientific and technological centres, obligations re, 4:719–33 with opposite or adjacent coasts, delimitation between, 3:595–96 agreement on, 1:212, 238–39, 242–43, 258 Drafting Committee on, 6:83–84 in the exclusive economic zone, 1:238–39, 2:506, 796–816, 2:800n.1, 3:595–96, 638–39 Main Trends Working Paper on, 3:552–53 as outside Part XI’s scope, 6:77–78, 81 re participation clause of final provisions, 5:183 pollution control by, 6:215 (see also Pollution) rights/duties/interests of in the exclusive economic zone, 2:553–65, 3:69–70, 578–84, 620 and freedom of the high seas, 2:900– 907, 3:73 on the high seas, 3:605–9 re natural resources, 3:33–34, 290–95, 3:291n.2, 292n.4, 294n.8 self-governing associated, 1:338–39, 5:184 semi-independent, 5:182–84 as signatories of the Convention, 5:177, 179 succession of, 5:170, 180–82, 5:182n and territorial application of treaties, 5:183 use of term, 2:42–43, 81, 5:175 States bordering the straits, use of term, 2:43, 289–90, 300 (see also Coastal States) States Parties (see also Contracting Parties; Costs to States Parties; Dispute settlement, between States Parties) access of, 1:388, 5:60–65, 374–78, 411–13 and the Agreement, 1:480–81 agreements to modify/suspend Convention provisions, 5:229, 240 and amendment/revision of the Convention, 5:244–66, 268–69 applicability of the Convention to, 5:19, 238–39 applications for plans of work sponsored by, 1:479 as Authority members, 6:339, 342, 344–45, 6:345n.9, 6:349–50, 361–62 common heritage of mankind, and cooperation by, 6:99 and conciliation, 5:319 conciliators nominated by, 5:314

458 consent to ad hoc special chambers, 5:363 contributions to the Enterprise, 1:374–75 as Council members, 1:485, 6:406, 412, 414–15, 418–19 cultural heritage to be protected by, 6:232n decisions/judgments, compliance with, 5:414–16 declarations made/withdrawn by, 5:91, 95–96, 107–8, 111–13 denunciation procedure, 5:279–85 Enterprise mine sites funded by, 1:483 exchange of views among, 5:28–31 exploration/exploitation by, 6:293, 306–8, 311–12 as Finance Committee members, 1:489–91 good faith by, 5:194–95 as international organization members, 5:265–66, 272 and international organizations’ rights/ duties, 5:187–88 marine environment protection/preservation, commitment to, 4:3, 7, 167, 321 marine scientific research by, 6:160, 164–72, 224 marine scientific research obligations of, 4:479–87 (see also Marine scientific research) marine technology development/transfer, obligations re, 4:687–88 participation/appearance in Sea-Bed Disputes Chamber proceedings, 6:638–40 Part XI implemented by, 1:473 and peaceful uses of the seas, 5:154 permanent vs. temporary role of, 6:42 procedure for simplified amendment of the Convention, 5:267 production policies applicable to, 1:487–88 provisional measures, compliance with, 5:58–59 regional groupings of, 5:344 representation at international conferences, 5:271–72 rights as members of the Authority, 6:361–62, 918 right to select tribunal/arbitration, 5:8– 9, 56 special arbitration experts nominated by, 5:446 subsidization by, 1:487 technology transfer by, 1:486, 6:173– 76, 179, 183–85 transfer of competence to international organization, 5:456–58, 460–61 Tribunal expenses borne by, 5:372

Index of Volumes I-VI and Tribunal jurisdiction, 5:40 and Tribunal members, 5:345–47, 370 use of term, 1:208, 476, 2:27, 32, 34, 37, 2:37n, 2:42–43, 4:749–50, 756–57, 5:175, 179, 374, 6:72–74, 349, 860 Statistics (see also Data; Fishing) catch and fishing effort, 1:231–32, 254 on conservation/management of living resources, 3:304–9, 3:311n.3, 3:312, 611 on consumption of commodities, 1:275, 485 Statute of the Enterprise. see Annex IV Statute of the International Court of Justice advisory opinions, 6:644 on delimitation of the continental shelf, 1:242 on delimitation of the exclusive economic zone, 1:238 on experts, 5:51 on jurisdiction, 5:140 marine research dispute settlements and interim measures, 4:660 on provisional measures, 5:53–54 Statute of the Tribunal on, 5:336–37, 341–42, 347–50, 383 Statute of the International Law Commission, 5:341 Statute of the International Monetary Fund, 6:760 Statute of the Tribunal. see Annex VI Statute of the World Bank, 6:760, 778, 786–87, 797–98, 800, 801 Statute on Freedom of Transit (1921), 3:386–90, 401 Stavropoulos, Constantin A. (of Greece), 1:66, 94, 412, 417, 5:12, 76 Stevenson, John R. (of the U.S.), 5:6, 6:600 Stockholm Conference. see United Nations Conference on the Human Environment Stockholm Declaration, 4:37, 45–46, 55, 64, 100, 401 Stocks (see also Allowable catch; Anadromous stocks; Fish stocks; Highly migratory species; Species; Straddling stocks) biological unity of, 3:37 catadromous, 1:234–35, 2:505–6, 680–86, 3:286–89, 591 conservation of, 1:231–34, 254 decline/depletion of, 3:38 enforcement of regulations, 1:234 in exclusive economic zones, 1:232–33, 2:639–47 interdependence of, 1:231, 253–54, 3:304, 311, 3:311n.3, 3:611

Index of Volumes I-VI management, 1:234 research and identification of, 1:231 settlement of disputes about, 1:335 use of term, 2:667n.1 Straddling deposits, 6:158, 6:158n Straddling stocks (see also Conservation/management of living resources; Draft Agreement on Straddling and Highly Migratory Fish Stocks; Draft Agreement on Straddling and Highly Migratory Fish Stocks on; Nongovernmental organizations) coastal States’ rights re, 6:158n conservation/development of, 3:38–47, 286–89, 3:302n.11 in enclosed/semi-enclosed seas, 3:651 in the exclusive economic zone, 2:639–47 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, 3:42–43, 3:288n.14, 3:295, 303, 311, 367 use of term, 3:41n.32 Strait of Dover, 2:291–92, 2:292n.45, 2:358 Strait of Malacca, 2:330, 4:388–90 Strait of Singapore, 4:388–90 Strait of the Beagle Channel, 2:291–92, 2:292n.46 Strait of Tiran, 2:291–92, 2:291– 92n.44 Straits, 2:279–396 (see also Due publicity; Enclosed/semienclosed seas; Jurisdiction; Laws and regulations; Marine environment; Noxious substances; Overflight; Safety aids; Sea lanes; Sovereignty; Traffic separation schemes; Transit passage) and aircraft, 1:220, 223, 2:385, 388 air space over, 1:219, 2:282, 299, 320 applicability of provisions on, exceptions/exclusions to, 2:301–8 and archipelagic waters, 2:406 baselines for, 1:210 and breadth of territorial seas, 3:479–80 channels/sea lanes/separation schemes in, 3:568–69, 626–27 concurrent jurisdiction in, 3:126 Convention on the Territorial Sea and the Contiguous Zone on, 2:319, 392 duties of ships/aircraft during passage through, 1:221, 2:332–48 exclusive economic zones through, 1:219–20, 223, 226, 2:309–20 and freedom of navigation, 2:282–83, 292 general provisions re, 1:219–20

459 high seas in, legal status of, 3:70 innocent passage in, 1:9–10, 24, 33, 88, 223, 2:282, 284–86, 292, 382–83, 390–96, 3:565–66 between island/mainland, 2:328–29 laws/regulations on, 1:222–23, 2:301– 8, 356–66, 3:569 legal status of, 1:219–20, 2:294–300, 320, 6:92 Main Trends Working Paper on, 3:564– 70, 3:564n in marine environment preservation/ protection regulations, 4:382–91 marine scientific research in, 4:461 as narrow outlets, 3:352 overview of, 2:279–93 and pollution, 1:222, 2:379–83 Private Group on Straits, 1:107 régime of passage through, 1:77, 219–23, 2:282–84, 294, 296–99, 316–20 research and survey activities in, 1:221, 2:349–53 responsibility/liability for damage to, 3:570 safeguards re, 1:311 sea lanes and traffic separation schemes in, 1:221–22, 2:354–66 Second Committee on, 3:479–80 and sovereignty, 2:280–83, 294, 296–99 States bordering, 1:219–23, 2:43, 289– 90, 300, 367–78, 384–89 (see also Coastal States) and territorial seas, 2:282 transit passage through, 1:9–10, 24, 33, 77, 88, 220–23, 2:279–82, 2:279n.1, 280n.5, 2:291, 321–48, 385, 388, 3:81, 566–70, 4:385, 6:204 and treaties, 2:291–92, 2:291–92nn. 43–46, 292n.48–49 use of term, 2:289–90, 315, 2:319n.2, 2:320 warships in, 3:480, 568 Straits of Magellan, 2:291–92, 2:292n.46, 2:307–8, 2:308n.10 Straits States Group, 1:77, 107 Strait States, use of term, 2:297, 300 (see also Coastal States) Stratton, Julius A. (of the U.S.), 6:13 Stratton Commission (Commission on Marine Science, Engineering and Resources; U.S.), 6:12–13 Structures (see also Artificial islands; Continental shelf; Due notice; Enforcement; Installations; Islands; Registry; Safety zones) abandonment/disuse/removal of, 1:230, 2:589–93, 4:225n dumping from, 1:208

460 establishment/construction of, 1:228, 230, 316 in exclusive economic zones, 1:229, 2:570–88 legal status of, 1:230, 288 man-made, 1:208, 2:34 marine scientific research, 1:316 pollution from, 1:298–99, 302–3, 4:222–26 Sea-Bed Committee on, 2:574, 920–21 States’ duties to fly their flag, 1:299 use of term, 2:36 Study of the implications of preparing large-scale maps for UNCLOS III, 2:884–90 Suarez, José Léon (of Argentina), 6:6 Sub-Committee I (Sea-Bed Committee) (see also First Committee (UNCLOS III)â•›) on access to the Area by developing States, 6:219 on archaeological/historical objects, 6:227–29 on the Area/resources, use of terms, 6:71 on environmental protection, 6:193 on the international régime/machinery, 6:31, 33–37 marine environment preservation/protection deliberations of, 4:150 on marine scientific research, 4:431–32 marine scientific research deliberations of, 4:441 marine technology development/transfer deliberations of, 4:665–66 on protection of human life, 6:202 successes of, 1:lxi on superjacent waters, 6:89–90 on technology transfer, 6:178, 180–81 work allocated to, 1:lxi, 2:4, 3:4 (see also Annex I; Final Act; Part XI; Resolution I; Resolution II) Working Group, 1:lxi Sub-Committee II (Sea-Bed Â�Committee) on anadromous stocks, 2:669–70 on artificial islands and installations, 2:574 on the exclusive economic zone, 2:547– 48, 574 on marine environment protection/preservation, 4:70 on marine scientific research, 4:431–32, 441, 535 on marine technology development/ transfer, 4:665 on national jurisdiction, 6:31 on pollution, 4:70 successes of, 1:lxi–lxii work allocated to, 1:lxi–lxii, 2:4–5, 66–67, 79, 497–98, 6:35–36 Sub-Committee III (Sea-Bed Committee), 4:xiii–xvii on marine environment preservation/ protection

Index of Volumes I-VI re activities in the area, enforcement of regulations re, 4:228–29 re adverse consequences from exercise of powers, 4:331 re coastal States’ enforcement obligations, 4:283–84 re data and information exchange, studies, and programmes, 4:91–93 re dumping, 4:159, 235 re effects of activities, 4:122–23 re flag States’ enforcement obligations, 4:243, 245–46 re global and regional cooperation, 4:79 re imminent and actual damage notification, 4:83–84 re maritime casualties, 4:306–7 re nondiscrimination against foreign vessels, 4:346 re notification of flag States, 4:372 re pollution, 4:55–56, 128, 138, 150, 184, 4:184–85n.8, 4:245–46, 317 re port States’ enforcement obligations, 4:262 publication of reports, 4:118 re responsibility and liability, 4:401–2 re scientific criteria for regulations, 4:95–96 re seaworthiness of vessels, 4:274 re sovereign immunity, 4:418 re sovereign rights, 4:46–47 re States’ liability due to enforcement of regulations, 4:378 suspension and restrictions on proceedings involving, 4:351 re violations proceedings, 4:321n.1 on marine environment protection/ preservation re pollution, 4:209 marine scientific research deliberations of re Area-based research, 4:604 re assistance and facilitation for research vessels, 4:598 conditions to be complied with, 4:540–42 re dispute settlements and interim measures, 4:645 generally, 4:431–32 general provisions, 4:441–43 re implied consent, 4:562–63 re information to coastal States, 4:528–30, 535 re installations and equipment, 4:621, 627 re international cooperation, 4:468, 474 non-recognition of, as basis for claims, 4:464–65 re principles for conduct, 4:456–57

Index of Volumes I-VI re publication and dissemination of information and knowledge, 4:481–82, 486 re suspension or cessation of research, 4:571 re territorial seas, 4:490–91 on marine technology development/ transfer, 4:665–66, 690, 6:178, 180 successes of, 1:lxii work allocated to, 2:4, 3:4 Working Groups, 1:lxii Submarine cables. see Cables and pipelines, submarine Submarine elevations. see Banks; Caps; Plateaus; Rises; Spurs Submarine ridges, 2:834, 867, 879–80, 2:880n.61 Submarine rises, 1:239–40, 2:874 Submarines Convention on the Territorial Sea and the Contiguous Zone on, 2:180, 183 innocent passage of, 1:214 navigation on the surface by, 2:180–81, 3:468, 474, 499, 558 nuclear, 6:148 and sea lanes, 2:207 submarine areas, use of term, 2:827n.7 and territorial seas, 2:179–83 Subregional or regional observer programmes. see Observers Subsidiary bodies (see also Subsidiary organs) establishment under the Convention and Agreement, 1:476–77 of the Preparatory Commission and subsidiary bodies, 1:340, 423–24, 2:795, 5:459, 5:459n.5 of U.N. agencies, regarding expert lists, 1:397–98 Subsidiary organs (see also Subsidiary bodies) of the Assembly, 1:273, 284 Assembly’s establishment of, 6:387, 393 of the Authority, 1:272–73, 278, 284 of the Council, 1:278, 280, 284, 491 Council’s establishment of, 6:435, 438, 444, 449, 451, 456, 480 Subsidies and development of resources, 6:236– 37 production policies on, 6:260–61, 273–74, 276, 279–80 Subsidization, 1:487, 6:4 Subsoil areas. see Seabed, ocean floor and subsoil Substances (see also Nuclear substances) harmful, 1:294, 298, 316 noxious, 1:215, 222, 294, 298 nuclear, 1:215

461 persistent, 4:130–34 psychotropic, 1:216–17, 249, 2:240, 3:224–30, 3:226n.5, 227n.7 (see also Drug trafficking) toxic, 1:294, 298 Succession of States, 5:170, 5:170n.9, 5:180–82, 5:182n Sudan, 2:199n.26, 6:24–25 Sunken ships, 3:160–61, 164, 174, 3:176n.11, 6:227–28 (see also Archaeological/historical objects) Sun Ocean Ventures (U.S.), 6:67n.237 Superjacent waters (see also High seas; Waters superjacent to the Area) of the Area, 1:258, 270 vs. the Area, 6:110 coastal State jurisdiction over, 1:228 Declaration of Principles on, 1:175, 6:88–89 legal status of, 1:241, 258, 2:900–907, 3:70–71, 6:91–92, 96, 100, 318–19, 323, 325, 329, 877 marine scientific research on, 4:605 use of term, 2:44, 542, 906, 4:611 Supertankers, marine pollution violations by, 4:304–5, 383 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956), 3:179 Suppliers of marine technology, 1:323, 325–26 Surie, Vice-Admiral (of the Netherlands), 3:461, 484 Suriname, 1:408–9, 5:180 Surplus, 1:231, 335 (see also Contractors) Surveillance, 1:297, 4:114–15 (see also Monitoring) Surveys of area for potential exploitation, 1: 426 research and survey activities, 1:214, 221, 227, 2:176, 349–53 during transit passage, 1:221 Suspension (see also Archipelagic States; Authority; Contractors; Contracts; Flag States; Innocent passage; Marine scientific research; Notification; Proceedings; Transit passage) of investigation, 1:305 of marine scientific research, 4:569– 80 of membership in the Assembly, 1:274, 279–80, 290 of membership rights/privileges, 6:437, 442, 445, 450, 586–94, 6:615n.13 of operation of the Convention provisions, 1:341 of operations in Area, 1:283

462 Sustainability. see Allowable catch; Long-term sustainability; Maximum sustainable yield Sweden (see also Group of 11) on the breadth of the territorial sea, 3:485 on enclosed/semi-enclosed seas, 3:344 on the Enterprise, 6:369 on the Green Book, 6:51–52 on innocent passage, 2:199n.26 on the marine environment, 4:394 on marine scientific research, 4:605n.2 on opposite or adjacent coasts, 2:142 and straits, 2:307–8, 2:308n.12 Switzerland (see also Group of 11) Authority membership of, 6:63n.227 on conciliation proceedings, 5:316–17, 323 on the continental shelf, 2:845n.7 on the Enterprise, 6:369 on equality of treatment in ports of transit States, 3:453 on the Green Book, 6:51–52 on landlocked States’ access to the sea, 3:376, 417 on marine scientific research, 4:605n.2 on the preamble, 1:465 Swordfish, 1:345 Symposia, 1:324, 327 (see also Training) Tacit consent, 4:166, 6:62 Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP), 4:182 Tankers, 1:215 innocent passage of, 3:559 marine pollution violations by, 4:304–5, 383 and sea lanes/traffic separation schemes, 2:204–10 use of term, 3:559 vessel-source pollution initiatives of, 4:182 Tanzania on accommodation of activities, 6:208–9 on the Assembly, 6:378, 392 on the Authority, 5:171, 6:285, 342, 354–55, 366 on the benefit of mankind, 6:133 on the common heritage of mankind, 6:97 on the Council, 6:420, 443 on exclusive right to explore/exploit, 6:734 on exploration/exploitation, 6:298 on landlocked States, 2:727 on the legal status of the Area, 6:104

Index of Volumes I-VI on licenses, 6:652 on the limits of the Area, 6:79 on marine environment preservation/ protection, 4:196–98, 228, 323, 357– 58, 365–67, 409, 419 on marine technology development/ transfer, 4:668 on peaceful purposes, 6:147 on peace/security/cooperation, 6:113 on policies on activities, 6:240–42 on protection of human life, 6:202 on responsibility/liability, 6:121 on review of the international régime, 6:314 on the Secretary-General, 6:483, 487 and straits, 2:328–29 on title to minerals, 6:658 on uses of the seabed, 6:24–25 Tarawa Declaration (1989), 3:45 Tariffs, 3:434–35, 6:236, 260 (see also Customs; General Agreement on Tariffs and Trade) Taxes (see also Authority; Customs) Agreement’s establishment of system of, 6:4 on corporate income, 1:363 on the Enterprise, 1:378 exemption from, 5:370–71, 6:579–85 on traffic in transit, 1:256–57 on Tribunal members/officers, 1:387, 5:370 Technical assistance. see Assistance; Cooperation; Development Technical Commission, 6:306, 308–9 Technical Consultation on High Seas Fishing (1992), 3:311 Technical Experts on Marine Scientific Research, 4:437n.21 Technical institutions, compensation through, 4:407 Technology (see also Agreement; Arrangements; Authority; Contracts; Cooperation; Developing States; Enterprise; Equipment; Equitability; Fair and reasonable terms/conditions for technology transfer; Fishing; International organizations; Joint ventures; Landlocked States; Marine technology; Plan of work for activities in the Area; Technology transfer; Training) deep seabed mining, 1:366–67 fishing, 1:232, 3:38–41, 45–47 holders, suppliers and recipients of, 1:323, 325–26 marine environment protection/preservation and use of, 4:73–76 marketing of, 1:327 pollution from use of, 1:295

Index of Volumes I-VI research centres for, 1:326–27, 4:719– 33 use of term, 1:352, 2:39, 6:677 Technology transfer, 4:665–737, 6:173–89 (see also Agreement; Arrangements; Authority; Contracts; Developing States; Enterprise; Equipment; Fair and reasonable terms/conditions for technology transfer; Fishing; International organizations; Joint ventures; Landlocked States; Marketing; Open market; Plan of work for activities in the Area; Symposia; Technology; Training) acquisition of technology by Authority, 1:261 acquisition of technology by Enterprise, 1:351, 372, 486 and activities in the Area, 4:706–18 as an agenda item for UNCLOS III, 1:35, 90–91 Agreement on, 6:176, 189, 675–78, 870 Annex III on, 6:650–51, 655–57, 673, 675–80, 700 and the Authority, 6:173–74, 176, 178– 80, 183–87, 348 Charter of the Economic Rights and Duties of States, 6:182 and the Charter of the United Nations, 6:177, 6:177n.2 on commercial terms, 6:173–74, 176, 181, 187–89 controversy over, 6:4, 176–77, 187 Convention on, 1:27 Declaration on the Establishment of a New International Economic Order, 6:181 to developing States, 1:261, 264, 325– 26, 351, 357, 366, 486, 4:706–11 and developing States’ participation, 6:173–74, 176–84, 6:178n.5, 6:186– 87, 189 development of infrastructure for, 1:324 to the Enterprise, 4:706–11, 6:176, 184–86, 188–89, 248–49, 251, 254, 506–8, 512, 524–25 (see also under Annex III) Agreement on, 6:173–74 Annex IV on, 6:524–25 Authority’s and States Parties’ measures re, 6:173–74, 176, 184–86, 188–89 commercial principles as basis for, 6:519–21 Convention on, 1:286 and cooperation with competent international organizations, 4:706–11 and development of resources in the Area, 1:264, 6:235

463 fair and reasonable terms/conditions for, 1:261–62, 350–52, 486, 6:520 and finances, 6:517, 519, 912 and financial terms of contracts, 1:357 and joint ventures, 6:188, 521–22 and plans of work for activities in the Area, 1:351, 353 policies on, 6:248–49, 251, 254 States’ cooperation in, 1:325 and the Statute of the Enterprise, 6:765, 791 U.S. on, 6:519–20 via licenses, 1:350–51 and environmental protection, 6:174 equitability in, 1:323–24 fair and reasonable terms/conditions for, 1:261–62, 323, 350–52, 486, 6:507–8, 679–80 and geographically disadvantaged States, 4:675–79, 689–95, 702–5, 6:184 Green Book on, 6:187 guidelines, criteria and standards for, 1:325 ICNT on, 6:184–87, 673, 678–79 information to the Authority, 1:350 and intellectual property rights, 6:189 International Code of Conduct on the Transfer of Technology, 5:xxx, 6:181–82 international cooperation on, 1:261–62, 323–26, 486, 6:178–79, 6:178n.6, 6:182, 187, 189 ISNT on, 6:183 through joint ventures, 6:173, 188–89 and landlocked States’ participation, 6:184 marine technology, use of term, 6:182–83 and marine technology development basic objectives of, 4:683–88 general provisions of, 4:671–79 guidelines, criteria, and standards, 4:699–701 international cooperation provisions, 4:696–718 legitimate interests, protection of, 4:680–82 measures for achieving, 4:689–95 overview of, 4:665–70 and the parallel system, 6:176–77, 186, 6:186n.19 Part XI on, 6:880–81 “Problems of Acquisition and Transfer of Marine Technology,” 6:182–83 Programme of Action on the Establishment of a New International Economic Order, 6:181–82 programmes for, 4:702–5, 6:173–74, 179–80, 183–86, 189

464 regional centres for, 1:326–27, 4:719– 33 resolution 2626 (XXV) on, 6:177 Resolution II, 6:830, 838, 851 Review Conference on, 1:270, 6:318– 19, 323, 325, 329 RSNT on, 6:183–84 by States Parties, 6:173–76, 179, 183–85 and the Statute of the Enterprise, 6:791 Sub-Committee I on, 6:178, 180–81 Sub-Committee III on, 6:178, 180 terms and conditions for, 1:261–62, 323, 350–52, 486 and training programs, 6:733 undertakings by contractors, 1:350–53, 357, 430, 432, 486 U.S. on, 6:177, 6:178n.6, 6:180, 183, 187, 519–20 Television broadcasts from the high seas, unauthorized. see Broadcasting from the high seas, unauthorized Ten States. see Group of 10 Term of office (see also Authority; Commission on the Limits of the Continental Shelf; Enterprise; Legal and Technical Commission) for arbitrators, 5:425 of the Assembly’s President and officers, 1:272 of the Commission on the Limits of the Continental Shelf, 1:346 of Council members, 1:276 of the Economic and Planning Commission, 1:281 of the Enterprise’s Director-General, 1:372 of the Finance Committee members, 1:490 of Governing Board members, 1:371 of Sea-Bed Disputes Chamber members, 5:403, 406–7 of the Sea-Bed Disputes Chamber members/officers, 1:391–92 of Tribunal members, 1:383–84, 387, 5:347–51 Terms and conditions for fishing rights and conservation measures, 1:226, 231–32, 234–35 (see also Contracts) Terms of contracts. see Contracts Territorial integrity, 1:213–14, 221, 337 Territorialist Group, 1:75–76 Territorial seas (see also Air space; Artificial islands; Baselines; Breadth; Cables and pipelines; Conservation/management of living resources; Convention on the Territorial Sea and the Contiguous Zone; Due publicity; Foreign ships or

Index of Volumes I-VI vessels; Historic title; Hot pursuit; Islands; Jurisdiction; Laws and regulations; Marine scientific research; Opposite or adjacent coasts; Outer limits; Sea lanes; Tankers; Traffic separation schemes) as an agenda item for UNCLOS III, 1:32, 88, 2:51 air space over, 1:209, 302, 307, 2:86 archaeological/historical objects in, 6:230 artificial islands in, 1:212, 230 vs. bays, 1:211 breadth of (see also Baselines; Contiguous zone) and archipelagos, 3:479 and baselines, 1:77–78, 209–13, 219, 224–25, 228, 239–40, 242, 316, 2:51–53, 61–63, 75, 103, 145–48, 433–36, 3:549–50 and bays, 3:476–78, 497–98, 550–51 charts/geographical co-ordinates of, 2:144 and the contiguous zone, 1:219, 225, 3:462–63, 481–86, 502 and the exclusive economic zone, 1:7 four-mile limit, 2:77, 3:483–86 and freedom of navigation, 2:3–4, 3:3–4 ILC on, 2:77–78 and islands, 3:479, 496, 498 and low-tide elevations, 2:126–28, 3:498, 549–50, 552 Main Trends Working Paper on, 2:80, 3:553 and overflight, 2:3–4, 3:3–4 and ports, 3:478 and roadsteads, 3:478–79, 498, 552 Second Committee on, 3:461–62, 464, 481–86 six-mile limit, 2:77, 3:482–86 of States lying opposite or adjacent to each other, 3:498–99, 502, 552– 53, 638–39 and straits, 3:479–80 three-mile limit, 1:1, 24, 2:77, 85, 282, 3:462, 481–86 twelve-mile limit, 1:7, 10, 24, 37, 209, 2:51–52, 75, 77, 79–82, 269– 70, 282, 496 as an UNCLOS II agenda item, 2:495–96 cables and pipelines in, 1:214, 241 charts and geographical coordinates of, 1:209–10, 212–13, 215, 2:144, 147, 149–50 coastal State laws and regulations, 1:214–19, 250–51, 300, 305–6, 310, 338 coastal State regulations re marine scientific research, 1:214, 315

Index of Volumes I-VI coastal States’ jurisdiction over, 6:6 coastal States’ sovereignty over, 2:66– 74, 3:466–74, 496, 548 and the contiguous zone, 2:51–58 delimitation of, 1:209, 212–13, 230, 263, 321, 348, 2:113–19, 435 China on, 2:435 exemptions to disputes re, 5:133 global/regional criteria for, 3:554 at mouths of rivers, 3:480–81, 499, 550 and permanent harbour works, 3:552 and enclosed/semi-enclosed seas, 3:357, 554 fishing in, 1:214 freedom of navigation and overflight from question of plurality of régimes in, 2:68–72, 3:562–63 general provisions, 1:209 geographical coordinates of, 1:212–13 vs. high seas, 3:61, 69, 6:6, 8–9, 6:9n.21 historic waters, 3:548 hot pursuit in, 1:250–51 innocent passage (see Innocent passage, in territorial seas) vs. internal waters, 1:210–11 of islands, 3:635–38 legal status of, 1:209, 2:72 legal status of/sovereignty over, Second Committee on, 3:464, 466–74 limits of, 2:44, 73, 3:549–54 (see also Territorial seas, breadth of) of low-tide elevations, 1:212 Main Trends Working Paper on, 3:548–63 marine environment preservation/protection provisions re coastal States’ enforcement obligations, 4:279–302 re dumping, 4:166–67, 232–39 re maritime casualties, 4:311 re monetary penalties and rights of the accused, 4:365–70 re pollution, 4:144–45, 180–206, 232–39 re port States’ enforcement obligations, 4:265, 270–71 re straits used for international navigation, safeguards re, 4:384–85 re suspension and restrictions on proceedings involving jurisdiction of, 4:356–59 treaties re, 4:7 marine scientific research in, 4:461, 488–95, 616, 621–22 nature/characteristics of, 3:548 plurality of régimes in, 2:67–72, 154, 3:562–63 pollution in, prevention, reduction and control of, 1:300, 304–7, 310, 4:144– 45, 180–206, 232–39

465 ports/permanent harbour works, 1: 211–12 reefs in, 1:210 régime of, 1:153, 6:8–9, 6:9n.21 Report of the Second Committee on, 3:461–87 rivers flowing into, 1:211 roadsteads included in, 1:212 Second Committee on (see Report of the Second Committee) Second Committee on Coastal States’ rights in, 3:461–62, 464, 469–70 and sovereignty of coastal States, 1:209, 300, 315 submarines in, 1:214 use of term, 2:38, 55–58, 85, 3:467 zone beyond, coastal States rights/jurisdiction over, 3:597–604, 3:597n (see also Exclusive economic zone) Territorial waters, 2:55–58, 3:486–87 (see also Territorial seas) Territories internally self-governing, 1:339 non-independent, 1:433 non-self-governing, 5:478–82 and participation clause of final provisions, 5:184 semi-independent, 5:183–84 as signatories to the Convention, 5:177, 179 sovereignty of, 1:433 Terrorism, 3:186–87 Testimonium, 5:171–73, 304–5 Testing (see also Sampling) of equipment, mining or processing, 1:366, 368, 427–28 recovery of minerals from Area for, 1:348 Testing programs, harmful effects of. see Environmental protection “Texts illustrating areas of agreement and disagreement,” 6:285–86 Thailand, 2:422, 449, 459, 745, 6:24–25, 6:62n.226 Thant, U (of Burma), 6:19 Third Committee (UNCLOS III) agenda items allocated to, 1:90–91, 4:xiii–xiv, 5:xiv on conciliation procedures, 5:13–14 documentation of, 1:liii, liv–lv, 5:xxx on dumping, 2:34n, 2:35 establishment of, 1:xxvi informal working groups of, 1:415, 1:416n.39 on the marine environment, 2:31, 35, 835, 5:99 marine environment preservation/protection deliberations of re activities in the area, 4:151–52, 231

466 re adverse consequences from exercise of powers, 4:333 re civil proceedings, 4:361 re coastal States’ enforcement obligations, 4:284, 286, 295–96 consideration of, 4:11 re data and information exchange, studies, and programmes, 4:93 re dumping, 4:161, 164–65 re flag States’ enforcement obligations, 4:249–50, 253–54 general obligation provisions of, 4:38–39 re global and regional cooperation, 4:80–81 re ice-covered areas, 4:393–95 re imminent or actual damage, 4:84 re introduction of alien and new species, 4:76 re investigation of foreign vessels, 4:341–42 re maritime casualties, 4:307, 309–13 re monetary penalties and rights of the accused, 4:365–68 re notification of flag States, 4:374 re obligations of conventions, 4: 423–24 re pollution, 4:114, 129–30, 140, 144–45, 151–52, 188, 193–97, 210, 218–20, 224, 317–18 re port States’ enforcement obligations, 4:264–65, 268–69, 271 re powers of enforcement, 4:327–29, 4:328n.6 re preferential treatment for developing states, 4:106 proposals of, 4:59–61, 4:59–61n.9 re responsibility and liability, 4:406, 410–11, 4:411n RSNT revisions, 4:62–63 re scientific criteria for regulations, 4:97 re seaworthiness of vessels, 4:276–77 re sovereign immunity, 4:419 re States’ liability due to enforcement of regulations, 4:380 re straits used for international navigation, 4:384–85, 387–88, 391 re suspension and restrictions on proceedings, 4:351–52, 356–57 re technologies’ use, 4:74–75 terminology in provisions for, 4:15, 17 re violations proceedings, 4:322–23 on marine scientific research, overview of, 4:433–35 marine scientific research proposals by re Area-based research, 4:605 re assistance and facilitation for research vessels, 4:599, 601–2

Index of Volumes I-VI re communication of information, 4:555–56 conditions to be complied with, 4:542–44, 550–52 re the continental shelf and exclusive economic zones, 4:xvii, 502–6, 509–11, 515–16, 518–19 re dispute settlements, 4:646–48, 651–54, 5:104 general provisions re, 4:444–46, 448–49 re implied consent, 4:564–65 re information to coastal States, 4:530–35 re installations and equipment, 4:616, 618–19 re international cooperation, 4:470– 71, 475 re international organizations projects, 4:521–22 non-recognition of, as basis for claims, 4:465 re principles for conduct of research, 4:457–58, 460–61 re promotion of research, 4:452 re publication and dissemination of information and knowledge, 4:483–84, 486 re responsibility and liability, 4:641 re rights of landlocked and geographically disadvantaged states, 4:586– 87, 589, 593 re suspension or cessation of research, 4:571, 575, 578 re territorial seas, 4:491–95 re water columns, 4:609 marine technology development/transfer deliberations by basic objectives of, 4:686, 688 general provisions for, 4:672–76 re international cooperation, 4:697, 700, 703–5, 707–10, 4:707n, 709n.6, 4:714–18, 735 measures for achieving, 4:693 overview of, 4:666, 668–70 re protection of legitimate interests, 4:681, 4:682n national and regional marine scientific and technological centres, proposals for, 4:720–21, 4:721n.2 negotiations of, 1:94–95 officers of, 1:411, 4:xliii on pollution, 2:31–32 on regional marine scientific and technological centres, 4:726–29, 731 reports by, 4:xiv–xvii RSNT work of, 1:120 SNT work of, 1:116 on use of terms and scope, 2:29–30, 4:750

Index of Volumes I-VI Third flag-vessels, 4:185n.8 Third States, 1:226, 237–38, 2:43, 4:39 Third United Nations Conference on the Law of the Sea. see UNCLOS III Threat of damage or pollution, 1:260– 61, 300, 306–7, 309, 4:278–79 Threat or use of force, 1:213–14, 221, 337 Tides, 1:212, 254 (see also Low-tide elevations) Time limits/effective dates for amendments relating exclusively to activities in the Area, 5:275 for appointing ad hoc chamber members, 5:410–11 for appointing arbitral tribunals, 5:425–29 for appointing conciliators, 5:315 for appointing special arbitral tribunals, 5:448–49 for conciliation, 5:126, 318, 321–23 for the conciliation commission, 5:316– 18, 322–23 re contested decisions, 5:380 for denunciation proceedings, 5:279– 80, 282–84 for detention, 5:69–70 for determination that a claim is unfounded, 5:77 for dispute settlement, 5:22 for entry into force of amendments, 5:275, 278 for exhausting efforts to reach consensus, 5:266 to fill vacancy in Tribunal, 5:350 for ratification/accession of the Convention and entry into force, 5:477 to respond to preliminary procedures, 5:77 for signature of amendments, 5:273–74 for simplified amendment procedure, 5:267 re transfer of competence, 5:461–62 for Tribunal nominations/elections, 5:345–46 Title historic, 1:212, 336 to minerals, 1:348, 377, 6:658–60 Tonnage allocations, 6:276 Torres Strait, 2:291–92, 2:291n.43 Torrey Canyon disaster (1967), 4:305–6, 6:159 TOVALOP (Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution), 4:182 Toxic substances, 1:294, 298 dumping prevention, reduction and control, 4:157, 159, 165 international rules and national legislation on release of, 4:129–34

467 pollution prevention and control, criteria for, 4:60 States’ duties, generally, 4:207–13 straits used for international navigation, safeguards re, 4:384–85 Trade agreements, 3:374–75, 431, 6:236, 255, 259–61, 278–80 Traffic. see Archaeological/historical objects; Drug trafficking; Flag States; Substances; Traffic in transit; Traffic separation schemes Traffic in transit, 1:255–57 (see also Taxes; Transit states) Traffic separation schemes, 1:215, 221– 22, 227, 2:204–16, 354–66, 375, 404, 406, 3:568–69 (see also Archipelagic sea lanes passage; Due publicity; Maritime traffic; Noxious substances; Routes; Sea lanes) Training (see also Cooperation; Symposia; Technology transfer) on activities in Area, 1:261–62, 325–26, 352, 357, 365, 432 Agreement on, 6:734 Annex III on, 6:660, 662–63, 732–34 and contracts, 6:942 of crews, 1:245 fisheries research, 1:232 marine science and technology, 1:261– 62, 324, 326–27, 348, 352, 486 marine scientific research, 1:261, 314– 15, 327, 348 in pollution prevention, 1:296 Resolution II on, 6:830, 838, 851 seminars and symposia, 1:324, 327 and technology transfer, 4:665–66, 6:733 Transboundary stocks. see Straddling stocks Transfer of data. see Data, transfer of Transfer of ownership of a ship, 1:245 Transfer of technology. see Technology transfer Transfer/presumption of competence, 5:192–93, 456–58, 460–63 Transit. see Landlocked States; Traffic in transit; Transit passage; Transit states Transit Convention (Convention on Transit Trade of Land-Locked States; 1965), 3:377, 3:377n.27, 3:382, 391– 99, 401, 437, 447, 456, 5:23 Transit facilities, 1:256–57 (see also under Landlocked States) Transit passage (see also Straits) and archipelagic States, 2:404 of foreign ships or vessels, 1:221–23 vs. innocent passage, 1:77

468 and marine environment protection/ preservation, 4:385 and marine scientific research, 1:221, 4:461 and pollution control rights, 4:64 rights of, 1:220–23, 2:320 through straits, 1:9–10, 24, 33, 77, 88, 220–23, 2:279–82, 2:279n.1, 280n.5, 2:291, 321–48, 385, 388, 3:81, 566– 70, 4:385, 6:204 suspension of, 1:223 use of term, 2:38, 320 Transit rights (see also under Landlocked States) in enclosed/semi-enclosed seas, 3:361, 630–31 evolution of, 3:373–75, 3:373n.12 Statute on Freedom of Transit, 3:386– 90, 401 in straits, 3:566–70 suspension of/interference with transit, 3:569 traffic in transit, statute on, 3:386–87 Transit Convention, 3:377, 3:377n.27, 3:382, 391–99, 401, 447, 456 Transit States (see also Landlocked States; Traffic in transit) freedom of transit through, 1:256 and free zones, 1:257 legitimate interests of, 1:256 means of transport through, 1:256–57 obligations of, 1:257, 3:418 sovereignty/interests of, 1:256, 3:372, 3:372nn.5–6, 3:408–9, 411, 413–14, 416–18, 421–22 taxes and duties to, 1:257 use of term, 1:255, 2:38, 43, 3:393, 400, 402–6 Transmission from the high seas. see Broadcasting from the high seas, unauthorized Transporting, processing and marketing of minerals by the Enterprise, 1:286, 361, 370 Travaux préparatoires (preparatory work), 1:147–48nn.62–63, 1:147–49, 4:xvii Treaties (see also Vienna Convention on the Law of Treaties; and specific treaties) adoption of, 5:195 “all states” formula vs. “divided states,” 5:170 amendments to, and entry into force of, 5:246n.1 and conciliation, 5:311–12 denunciation clauses, 5:280–81, 284–85 effects on the Convention, 5:242–43

Index of Volumes I-VI and final acts, 1:445–46 general law of, 5:175, 222, 5:222n.12 and good faith, 5:194–95 interpretation of, 1:147–48, 1: 147nn.62–63, 1:445–46 (see also Vienna Convention on the Law of Treaties) and jurisdiction on the high seas, 3:126 later treaty violating earlier treaty, 5:243n.12 on marine environment protection/preservation, 4:6–8, 23–33 multilateral, stages of, 1:46–47 preambles to, 1:456–57, 466–67 and straits, 2:291–92, 2:291–92nn. 43–46, 292n.48–49 table of, 2:xxxi–xxxxiii, 3:xxvii–xxxi, 4:xxvii–xxix, 6:xxvii–xxix territorial application of, 5:183 use of term, 4:687n, 5:239, 376, 5:376nn.28–29, 381n Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963), 4:24, 6:147n.2, 6:149 Treaty Establishing the European Economic Community (1957), 5:25– 26n.1, 5:73, 5:415n, 5:416, 437 Treaty of Peace and Friendship (Argentine and Chile, 1984), 2:308n.10 Treaty of Tordesillas (1494), 6:5n.5 Treaty of Versailles (Treaty of Peace; 1919), 3:384 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967), 6:11n.30 Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-bed and the Ocean Floor and in the Subsoil Thereof (1971), 1:462, 3:85, 4:24, 6:147n.2, 6:149, 6:210n.1 Trends, economic, 6:267 Trends in ocean use, 5:298, 5:298n Treves, T., 2:46n.31 Tribunal (International Tribunal for the Law of the Sea) (see also Applicability, of law; Court or tribunal; Ex aequo et bono; Proceedings; Sea-Bed Disputes Chamber) access to, 1:388, 5:61, 65, 368, 374–78 ad hoc chambers of, 5:408 advisory opinions of, 6:379, 381–82, 386, 613, 641–42 allowance received by, 5:370 as alternative forum, 5:7, 10 on amendments to its Statute, 5:417–18 applicable law, 5:383

Index of Volumes I-VI Assembly’s receipt of advisory opinions from, 6:381–82, 386 binding decisions/binding force of decisions, 5:82–83, 397 on Canada, 5:333 Canada on, 6:642 candidates for, 6:444, 448, 455 choice of procedure, 1:330–31 competence of, 5:373–83, 6:500 composition of, 1:382–83, 5:341–42, 349 conduct of cases, 5:388 conduct of cases by, 1:389 constitution and functions of, 5:338–39 convening of, 1:419 Convention as constituent instrument of, 5:277 costs of, 1:391, 5:398–99 on criminal jurisdiction in relation to foreign ships or vessels, 2:243n.7 decision-making procedures of, 1:390, 6:383 decisions of, 1:332, 384–85, 387–91, 5:390–93, 396–98 default of, 5:389–90 dispute settlement by, 5:18, 6:612–13 draft rules of procedure for, development of, 5:337 election by the Assembly, 6:393, 395 election of President and Vice-President, 1:385 enforceability of decisions, 1:392 on enforcement of laws and regulations of the coastal States, 2:794 establishment of, 1:27, 330, 382, 424– 25, 3:676–78, 5:333–35, 5:335n.11, 5:473–74, 6:56, 610–11 establishment of Sea-Bed Disputes Chamber, 1:386 expenses of, 1:388, 5:371–73 finances of, First Committee (UNCLOS III) on, 6:50 as forum for interpretation/application disputes, 5:40 general provisions of, 1:382 hearing of, 1:389, 5:388 institution of proceedings, 1:389, 5:384–85 interim arrangements for, 1:419, 5:473–74 vs. the International Court of Justice, 6:638–40 intervention by, 1:390–91 Japan on, 5:333 judgment of, 1:386, 390, 5:391 jurisdiction of and access, 5:63 advisory, 6:614 and competence, 1:388 and conciliation, 6:612–13 and contracting Parties, 5:379–80

469 re contracts, 6:612–14 determination of, 1:390 over disputes subject to other agreements, 5:380–83 re interpretation/application of the Convention, 6:612–13 ISNT on, 5:373–74, 376–78, 6:632 limitations on, re the Authority’s decisions, 6:630–37, 6:631n.1 for provisional measures, 5:55–56, 360 rationae materiae/rationae personae, 5:375–76 over release of arrested/detained vessels, 2:794 scope of, 5:46–48 re signature/ratification/accession to the Convention, 1:330 States Parties’ obligations to, 5:40 treaties’ effects on, 5:380–83 use of term, 5:378 majority in, 1:384–85, 390, 5:390–91 on marine environment protection/preservation disputes, 4:19n.27, 4:215, 231 marine environment protection/preservation proposals, 4:154 on members privileges/immunities of, 5:354–55 members of ad hoc, 5:342, 353–55, 359, 366–68, 370, 388 conflicts of interest among, 1:384–85 dismissal of, 5:354–55 disqualification of, 5:353–54 election of, 1:382–84, 5:345–47 expenses of, 5:371–73 geographical representation, 5: 343–44 incompatible activities of, 5:351–53 and judges, use of terms, 5:342, 349, 388 nationality of, 1:383, 386–87, 5:341– 45, 365–69 opinions/judgments of, 5:391 participation by, 1:384–85 participation in a particular case, 1:384–85, 5:353–55 President, Vice-President and Registrar, 5:356–57 privileges/immunities of, 1:385 qualifications of, 5:341–42 remuneration of, 1:387, 5:369–71 resignation of, 1:384, 5:347–50 solemn declarations by, 1:385 term of office and reelection of, 1:383–84, 5:347–51 voting by, 5:352 naming of, 5:336 officers of, appointment of, 1:385

470 as an organ of the Authority, 6:366–68 President and Vice-President of, 1:385, 387, 389, 5:356–57 privileges and immunities of, 5:355, 5:355n procedures of, 1:389–91, 5:383–99 on prompt release of vessels, 5:67–68 and provisional measures, 1:331–32, 389, 5:52, 54–56, 360, 385–88 quorum of, 1:385–86, 389, 5:358–60 reference of disputes subject to other agreements, 5:380–83 Registrar of, 1:383, 385, 387, 389–91, 5:350, 356–57, 370–71, 384–85 representative of principal legal systems, 5:341–42 request to intervene, 5:392–93 right to intervene in cases of interpretation/application, 5:394–96 RSNT on, 5:335, 345, 349, 354, 357, 363–65, 373, 377, 380, 387, 397–98, 401, 404–6, 414–15, 6:612–13, 638–40 rules of procedure, 1:386, 5:363–65, 6:644 Sea-Bed Tribunal merged with Law of the Sea Tribunal, 5:349, 401, 5:401n.40, 5:413–14 seat of, 1:382, 5:337–40, 5:339n.17 special chambers of, 1:291, 386, 5:361– 63, 6:919–20 Statute of (see Annex VI) structure of, 6:56 summary procedure, 1:386 U.S. on, 5:6, 333 vacancies in, 1:384–85, 5:350–51 Tribunals. see Arbitral tribunal; Court or tribunal; Jurisdiction; Special arbitral tribunal Trinidad and Tobago (see also Latin American and Caribbean States; Latin American States) on geographically disadvantaged States, 2:744 on islands, régime of, 3:335 on marine environment preservation/ protection, 4:294–95, 365, 403–4 on marine scientific research, 4:444, 492, 610, 616 on marine technology development/ transfer, 4:707n on the Secretary-General, 6:483, 487, 492, 497 and straits, 2:292, 2:292n.49 on the uses of the seabed, 6:24–25 Truman, Harry S., 2:493, 827 Truman Proclamations (1945), 1:1–2, 2:493, 827–28, 6:7 Trust Territory of the Pacific Islands, 1:409, 5:180, 183–84 Tuna, 1:345, 2:658, 3:46

Index of Volumes I-VI Tunisia on the continental shelf, 2:845, 959 on the exclusive economic zone, 2:805 on islands, régime of, 3:336 on marine environment preservation/ protection, 4:410 on marine scientific research, 4:616 on opposite or adjacent coasts, 2:137 Tunnelling, 1:243, 2:835, 991–92 Turkey on amendment/revision of the Convention, 5:246 on archaeological/historical objects, 6:227–28 on the breadth of the territorial sea, 2:80–81, 3:485 on the contiguous zone, 2:271 Convention rejected by, 1:xxviii, 6:52 on the Convention vs. other agreements, 5:232 on delimitation of continental shelf between opposite or adjacent coasts, 2:955–56, 961, 964, 980–81 on delimitation of exclusive economic zone, 2:802–3 on dispute settlement, 5:29 on enclosed/semi-enclosed seas, 3:343, 350, 357, 361–62, 365 on the exclusive economic zone, 2:808 on final provisions, 5:169 on the high seas, use of term, 3:67 on islands, régime of, 3:331, 333, 336 on marine environment preservation/ protection, 4:410 on marine scientific research, 4:616 on opposite or adjacent coasts, 2:136–38 on the Preparatory Commission, 5:476 representatives on the Second Committee, 2:xlvii on reservations to the Convention, 5:221 on straits, 2:305–6 on transit passage, 2:362 Uganda, 2:85, 136, 2:698n.4 Ukraine, 4:615, 5:188, 5:422n.2, 5:451, 6:63n.227 Unauthorized broadcasting, 1:249–50 (see also Broadcasting from the high seas, unauthorized) UNCED (United Nations Conference on Environment and Development; 1992), 3:41–43, 311, 317 UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules, 6:621–23, 626–27, 629, 676–77, 826 disputes re contracts, 1:292 disputes re overlapping claims in pioneer areas, 1:428–29

Index of Volumes I-VI disputes re undertakings by contractors, 1:351–52 UNCLOS I (First United Nations Conference on the Law of the Sea; Geneva, 1958), 6:7–9 (see also General Assembly Â�resolutions; Main Committees (UNCLOS I)â•›) on application of the Convention, 5:225 on archipelagic States, 2:400, 418–19 on articles, use of term, 2:37–38, 4:751 on artificial islands, installations and structures, 2:573–74 on baselines, 2:97, 106, 111, 400, 418–19 on bays, 2:118–19 on breadth of the territorial sea, 2:77, 79, 495 classical codification procedures of, 1:lix committees of, 3:492–93 on the contiguous zone, 2:54, 268, 274 on the continental shelf, 2:829 conventions prepared by, 3:493–94 conventions produced by, 1:2 (see also Convention on the Continental Shelf; Convention on the High Seas; Convention on the Territorial Sea and the Contiguous Zone) on denunciation of the Convention, 5:280–81 documentation on international agreements used by, 5:231n.2 on the exclusive economic zone, 2:573–74 Final Act, 2:39, 861, 876, 1019–25, 3:491–95, 4:746–47 on final clauses, 5:168–69, 246 on fishery disputes, 5:5 on fishing rights, 5:231, 5:231n.2 goals/failure of, 1:xxv, lx, 30 goals/successes of, 1:xxv, lix–lx, 3:491, 5:5 on innocent passage, 2:153, 167, 392 as interpretive material for UNCLOS III, 3:20 on landlocked States’ access to and from the sea and transit rights, 3:376–77, 455–56, 5:231, 5:231n.2 leadership of, 3:492 on low-tide elevations, 2:127 on low-water line, 2:89 marine environment protection/preservation efforts of, 4:5–6, 137, 157, 4:158n.1 on marine scientific research, 4:429–30 on the nautical mile, 2:44 observers at, 3:491–92 on opposite or adjacent coasts, 2:135 procedures of, 1:29–31 on reservations to treaties, 5:213

471 resolutions adopted by, 3:494–95, 527–32 convening of a second United Nations Conference on the Law of the Sea, 3:531, 535 cooperation in conservation measures, 3:529 humane killing of marine life, 3:529 international fishery conservation conventions, 3:528 nuclear tests on the high seas, 3:527 pollution of the high seas by radioactive materials, 3:527–28 régime of historic waters, 3:530– 31 special situations re coastal fisheries, 3:530 tribute to the International Law Commission, 3:532 on right of transit passage in straits, 2:281, 283 on roadsteads, 2:125 States represented at, 3:491 on straits, 2:392 vs. UNCLOS III, 1:lx–lxi, 30–31 UNCLOS II (Second United Nations Conference on the Law of the Sea; Geneva, 1960) (see also General Assembly resoluÂ� tions) on breadth of the territorial sea, 2:77, 79, 495–96 on coastal States’ right to participate in the exploitation of the exclusive economic zones, 2:772 Committee of the Whole, 2:8–9, 2:9n.11, 3:9n.11, 3:537 committees of, 3:536 convening of, 1:159–60, 3:531, 535, 6:7 Convention on Fishing and Conservation of the Living Resources of the High Sea, 5:5n.3 Final Act, 3:535–38 on fishery limits, 3:538 leadership of, 3:536 observers at, 3:535–36 on publication of record of discussions at, 3:537 on right of transit passage in straits, 2:282 States represented at, 3:535 UNCLOS III (Third United Nations Conference on the Law of the Sea; 1973–1982) (see also Collegium; Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction; Drafting Committee; Final provisions; General Assembly resolutions; Informal

472 Plenary; Main Committees (UNCLOS III); Plenary; Sea-Bed ComÂ� mittee) Authority to act in accordance with, 1:340 commentaries on, 4:v–vi committees of (see Drafting Committee; First Committee (UNCLOS III); Second Committee (UNCLOS III); Third Committee (UNCLOS III)â•›) on conciliation proceedings, 5:312 consensus used at, 1:lxiii–lxiv, 20–23, 270 convening of, 1:404–5, 412, 6:30 Convention drawn up/adopted at, 1:420–23 on the Convention vs. other conÂ� ventions/international agreements, 5:231–32 Credentials Committee, 1:91, 412–13 decision-making procedure of, 1:341 documentation of, 1:lii–lvi, 2:xxxvi–xl, 3:xxxiv–xxxviii, 4:xxxii–xxxvi, 5: xxviii–xxx, xxxiv, 6:xxxii–xxxvii (see also ICNT; ISNT; RSNT) documents submitted to, 1:412–13 on final provisions, 5:172–73 General Committee, 1:liii, 91, 97, 127, 410, 2:13, 719–20, 755–56 general provisions, 5:149–64 goals of/impetus for, 1:xxv–xxvi, 4–5, 11–12, 31–32, 404 inauguration of, 1:4 influence/successes of, 1:xxviii–xxix, 23 (see also Convention) informal group on dispute settlement, 5:7 and the international régime, 6:33 on islands, régime of, 3:322–23 on landlocked States’ access to and from the sea and transit rights, 1:10, 3:378–79, 382 main trends emerging from (see Main Trends Working Paper) mandate of, 1:405–6 marine environment preservation/protection deliberations of consideration of, 4:9 re negotiation characteristics, 4:20 marine environment protection/preservation deliberations at, 4:242, 402 marine environment protection/preservation provisions of, 4:3–23 re dumping, 4:158, 166–67, 234 list of relevant agreements, 4:23–33 re pollution, 4:316 specific concepts contained in, 4:10–11 re straits used for international navigation, 4:383

Index of Volumes I-VI on marine scientific research, 4:429, 431, 502 Montreaux Compromise, 5:8–9 and the moratorium resolution, 1:5–6 national and regional marine scientific and technological centres, development of, 4:720–21 negotiating process of, 1:29–134, 6:58n.221 adoption of the Convention, process leading to, 1:132–34, 5:xv agenda items’ complexity/novelty, 1:44–46 agenda items’ importance for national interests, 1:42–44 agenda items’ scope and interrelatedness, 1:31–42 authority vested in individuals, 1:55–56 Chairmen’s role in, 1:63–67 conformity to UNCLOS III proceedings and to preceding conferences, 1:29–31 convening the conference without a single preparatory text, 1:52–54 coordinating national departments on law of the sea, 1:46 delaying tactics, 1:41 duration of the conference, 1:57 events/activities outside the conference, 1:57–60 evolution of the Convention, overview of, 1:113 formal structure of, 1:87–99 (see also First Committee (UNCLOS III); Main Committees (UNCLOS III); Second Committee (UNCLOS III); Third Committee (UNCLOS III)â•›) general debates, 1:39, 5:xxxv Gentlemen’s Agreement, 1:31, 101– 2, 412, 414–15 ICNT preparation/revisions, 1:121– 31, 417–19 (see also ICNT) ILC not used in preparatory work, 1:46–52 individuals’ role in, 1:61–66 interest groups, 1:31, 54–55 (see also Nongovernmental organizations; and specific groups) ISNT preparation/revisions, 5:10–11 meetings of the whole, 1:95 negotiating groups, 1:55, 92–99, 104–12 (see also Negotiating groups) nongovernmental organizations’ role in (see under Nongovernmental organizations) number of States/organizations participating, 1:39–40

Index of Volumes I-VI official vs. unofficial meetings/ groups, 1:86–87, 104–12 (see also Negotiating groups) package deal and trade-offs, 1:40–41, 5:248–49 President’s role in, 1:64, 67 RSNT preparation, 1:117–20 (see also RSNT) Rules of Procedure, 1:31, 54, 99–104, 414–20, 1:415–16n.39, 418nn. 47–48 scheduling/allocation of time, 1: 41–42 Secretariat’s role in, 1:66 single preparatory text, effects of not producing, 1:50–54 SNT preparation, 1:113–20 (see also SNT) tentative agreements/compromises, objections to, 1:41 and NIEO, 6:32n.106 observers at, 1:271, 405, 408–9, 438–41 officers/committees of, 1:409–13 overview of work of, 1:xxx–xxxiii (see also negotiating process of above) as a package deal, 1:40–41, 5:248 participation in, 1:407–9, 420, 5:170 Preparatory Commission assigned powers/functions by, 1:423–25 procedural problems/practices of, 1:lvii–lxv, 19–22, 30–31, 3:xxxix n.1 (see also Negotiating groups; negotiating process of above) on production policies, 6:64 Rules of Procedure of, 1:19–21, 31, 54, 99–104, 135–36, 414–20, 1:415– 16n.39, 418nn.47–48, 1:423, 3:xxxix n.1 session one (1973), 1:406, 412, 2:88, 106 on archipelagic States, 2:482–83 on artificial islands, installations and structures, 2:482 on the exclusive economic zone, 2:482 on fisheries, 2:483 on mouths of rivers, 2:110 on pipelines, 2:911 on roadsteads, 2:124 on ships, 2:483 on submarine cables, 2:911 session two (1974), 1:xxvi–xxvii, 92, 406, 2:11–12, 5:6–8, 6:36–37 on air space, 2:902–3 on anadromous stocks, 2:670–72 on archipelagic States, 2:402, 409– 11, 420–23, 435–36, 448–50 on archipelagic waters, 2:440, 458– 59, 468

473 on artificial islands, installations and structures, 2:576–78, 921–23 on baselines, 2:97, 130, 420–23 on bays, 2:115 on catadromous stocks, 2:682 on charts and geographical coordinates, 2:146, 988 on coastal States, 2:369–71, 789–91 on conservation/management of living resources, 2:600–604 on the contiguous zone, 2:269–71 on the continental shelf, 2:831, 844– 48, 921–23, 933–35, 955–60, 988 on criminal jurisdiction in relation to foreign ships or vessels, 2:240 on delimitation of continental shelf between opposite or adjacent coasts, 2:955–60 on drilling on the continental shelf, 2:928 on the exclusive economic zone, 2:498–99, 515–16, 525–31, 549– 50, 557–58, 576–78, 642, 803–5 on geographically disadvantaged States, 2:738–40 on highly migratory species, 2:651– 54, 996–97 on immunities of warships, 2:262 on innocent passage, 2:154, 160, 168–69, 187–92, 195, 224, 386– 87, 392–93 on internal waters, 2:444 on landlocked States, 2:698–701 on low-tide elevations, 2:127–28 Main Committees issues assigned, 1:415 on marine mammals, 2:660–61 on marine scientific research, 2: 350–51 on noncompliance of warships with coastal State laws and regulations, 2:254–55 on nuclear-powered ships, 2:218 on nuclear substances, 2:218 on opposite or adjacent coasts, 2:136n, 2:137–38, 803–5 on payments/contributions from exploitation of the continental shelf, 2:933–35 on pipelines, 2:911–12 on ports, 2:121 on régime of straits, 2:287–88 on responsibility and liability of flag States, 2:257–58 on rights of coastal States over continental shelf, 2:894 on safety aids, 2:381–82 on sea lanes, 2:357–58, 468 on sedentary species, 2:688 on ships, 2:334–37

474 on States’ rights/duties in the exclusive economic zone, 2:557–58 on stocks in the exclusive economic zone, 2:642 on straits, 2:296, 303, 318, 323–25, 357–58, 381–82, 386–87, 392–94 on submarine cables, 2:911–12 on submarines, 2:181 on superjacent waters, 2:902–3 on territorial seas, 2:67–68, 80, 85 on traffic separation schemes, 2:357–58 on transfer of rights to exploit living resources, 2:776–78 on use of terms and scope, 2:30–31 on utilization of living resources, 2:625–27 on warships, 2:250–51 session three (1975), 1:114–15, 2:12– 13, 6:37–40 on air space, 2:903–5 on anadromous stocks, 2:672–74 on archipelagic States, 2:402–3, 411– 12, 423–25, 450–51 on archipelagic waters, 2:440, 459– 60, 468–70, 483–85 on artificial islands, installations and structures, 2:578–80, 923–24 on artificial islands, installations and structures over the continental shelf, 2:923–24 on baselines, 2:88, 97–98, 130, 423– 25, 436 on bays, 2:116 on catadromous stocks, 2:682–83 on charts and geographical coordinates, 2:146–47, 818, 988 on civil jurisdiction in relation to foreign ships or vessels, 2:246 on coastal States, 2:371–72, 769, 791–92 on Commission on the Limits of the Continental Shelf, 2:1003 on conservation/management of living resources, 2:604–6 on the contiguous zone, 2:271–72 on the continental shelf, 2:831–32, 848–51, 894–95, 923–24, 928, 935–37, 960–61, 988 on criminal jurisdiction in relation to foreign ships or vessels, 2:240–41 on delimitation of continental shelf between opposite or adjacent coasts, 2:960–61 on drilling on the continental shelf, 2:928 on the exclusive economic zone, 2:500–501, 516–17, 531–35, 550, 558–60, 567–68, 578–80, 642–43, 806–7

Index of Volumes I-VI on

geographically disadvantaged States, 2:740–43 on highly migratory species, 2:654– 55, 997–98 on immunities of warships, 2: 262–63 on innocent passage, 2:54, 154, 160– 61, 169–70, 192–93, 209–10, 224– 25 on innocent passage in archipelagic waters, 2:459–60, 483–85 on innocent passage in straits, 2:382, 394–95 on internal waters, 2:106, 444–45 ISNT prepared, 1:416 on landlocked States, 2:701–7 on low-tide elevations, 2:128 on marine environment, 2:31–32 on marine mammals, 2:661 on marine scientific research, 2:351 on mouths of rivers, 2:110 on noncompliance of warships with coastal State laws and regulations, 2:255 on nuclear-powered ships, 2:218– 19 on nuclear substances, 2:218–19 on opposite or adjacent coasts, 2:138, 806–7 on payments/contributions from exploitation of the continental shelf, 2:935–37 on pipelines, 2:912–13 on pollution, 2:31–32 on ports, 2:121–22 on reefs, 2:93 on responsibility and liability of flag States, 2:258 on rights of coastal States over continental shelf, 2:894–95 on rights of protection of coastal States, 2:230–31 on roadsteads, 2:124 on sea lanes/traffic separation schemes, 2:209–10, 358–59, 468–70 on ships, 2:337–38 on States’ rights/duties in the exclusive economic zone, 2:558–60 on stocks in the exclusive economic zone, 2:642–43 on straits, 2:297, 303–4, 310–11, 318–19, 325–26, 358–59, 382, 387–88, 394–95 on submarine cables, 2:912–13 on submarines, 2:181 on superjacent waters, 2:903–5 on territorial seas, 2:70–72, 80, 85 on transfer of rights to exploit living resources, 2:778–79

Index of Volumes I-VI on tunnelling, 2:992 on utilization of living resources, 2:627–31 on warships, 2:251 session four (1976), 1:117, 2:14–15, 6:40–41 on aircraft, 2:338–39 on air space, 2:440, 905 on anadromous stocks, 2:674–75 on archipelagic States, 2:403, 425– 27, 436, 451–52, 470–73, 485–86 on archipelagic waters, 2:440, 460, 485–86 on artificial islands, installations and structures, 2:581, 924–25 on baselines, 2:98–99, 130, 425–27 on bays, 2:116–17 on catadromous stocks, 2:683–84 on charts and geographical coordinates, 2:147, 818–19, 988–89 on civil jurisdiction in relation to foreign ships or vessels, 2:246 on coastal States, 2:372–73, 769–70, 792–93 on Commission on the Limits of the Continental Shelf, 2:1003–5 on conservation/management of living resources, 2:606–7 on the contiguous zone, 2:272 on the continental shelf, 2:832, 851– 54, 924–25, 928, 937–40, 961–63, 988–89 on criminal jurisdiction in relation to foreign ships or vessels, 2:241 on delimitation of the continental shelf between opposite or adjacent coasts, 2:961–63 on drilling on the continental shelf, 2:928 on the exclusive economic zone, 2:501–2, 517, 535–37, 550, 568, 581, 807–10 on geographically disadvantaged States, 2:743–46 on highly migratory species, 2:655– 56, 998–99 on immunities of warships, 2:263 on innocent passage, 2:154–55, 161, 171–73, 193–94, 225, 388, 395, 460, 485–86 on internal waters, 2:106–7, 445 ISNT prepared, 1:416 on landlocked States, 2:707–10 on legal status, 2:72 on marine mammals, 2:661 on marine scientific research, 2:351 on mouths of rivers, 2:110–11 on noncompliance of warships with coastal State laws and regulations, 2:255

475 on nuclear-powered ships, 2:219 on nuclear substances, 2:219 on opposite and adjacent coasts, 2:138–39, 807–10 on payments/contributions from exploitation of the continental shelf, 2:937–40 on pipelines, 2:913–14 on pollution, 2:382 on reefs, 2:93 on responsibility and liability of flag States, 2:258 on rights of protection of coastal States, 2:231 on safety aids, 2:382 on the seabed/ocean floor/subsoil, 2:440 on sea lanes/traffic separation schemes, 2:210–11, 359–61, 470–73 on ships, 2:338–39 on States’ rights/duties in the exclusive economic zone, 2:560 on stocks in the exclusive economic zone, 2:643 on straits, 2:289, 297–98, 305, 311– 12, 319, 327, 359–61, 388, 395 on submarine cables, 2:913–14 on submarines, 2:181–82 on superjacent waters, 2:905 on territorial seas, 2:80–81 on transfer of rights to exploit living resources, 2:779–80 on tunnelling, 2:992 on use of terms and scope, 2:33 on utilization of living resources in the exclusive economic zone, 2:631 on warships, 2:251 session five (1976), 1:121, 2:15, 6:41–43 on artificial islands, installations and structures, 2:581 on catadromous stocks, 2:684–85 on coastal States, 2:339, 2:373 on Commission on the Limits of the Continental Shelf, 2:1005–6 on conservation/management of living resources, 2:607 on the continental shelf, 2:832, 854– 55, 940 on the exclusive economic zone, 2:502–3, 517–18, 537–39, 550–51, 560–61, 568, 581, 631, 643–44, 810 on geographically disadvantaged States, 2:746–49 on landlocked States, 2:710–13 on marine scientific research, 2:351 on opposite or adjacent coasts, 2:810

476

Index of Volumes I-VI on

payments/contributions from exploitation of the continental shelf, 2:940 RSNT prepared, 1:416 on sea lanes/traffic separation schemes, 2:211, 361, 473–74, 486 on ships, 2:339 on States’ rights/duties in the exclusive economic zone, 2:560–61 on stocks in the exclusive economic zone, 2:643–44 on straits, 2:298, 306, 319–20, 327– 28, 361, 382–83, 396 on transfer of rights to exploit living resources, 2:780 on utilization of living resources in the exclusive economic zone, 2:631 session six (1977), 1:xxvii–xxviii, 92, 121, 2:15–16, 6:43–45 on aircraft, 2:339–40 on air space, 2:905 on anadromous stocks, 2:675–76 on archipelagic States, 2:427–29 on archipelagic waters, 2:441, 460–61 on artificial islands, installations and structures, 2:581 on baselines, 2:99, 427–29 on catadromous stocks, 2:685 on charts/geographical coordinates, 2:147, 819, 989 on coastal States, 2:373 on Commission on the Limits of the Continental Shelf, 2:1006 on the continental shelf, 2:832–33, 855–56, 940–42, 963–64, 989 on criminal jurisdiction in relation to foreign ships or vessels, 2:242 on delimitation of continental shelf between opposite or adjacent coasts, 2:963–64 on the exclusive economic zone, 2:503–4, 518, 539–40, 561–63, 581, 631, 810–12 on geographical coordinates, 2:819 on geographically disadvantaged States, 2:749–54 on highly migratory species, 2:656, 999 ICNT prepared, 1:416–17 on innocent passage, 2:194–95, 226, 460–61 on landlocked States, 2:713–17 on legal status, 2:72 on marine scientific research, 2:351 on opposite and adjacent coasts, 2:139, 810–12 on payments/contributions from exploitation of the continental shelf, 2:940–42

on pipelines, 2:914–15 on rights of protection of coastal States, 2:231 on sea lanes, 2:441, 474–76 on ships, 2:339–40 on States’ rights/duties in the exclusive economic zone, 2:561–63 on straits, 2:298, 328, 388 on submarine cables, 2:914–15 on transfer of rights to exploit living resources, 2:780–81 on utilization of living resources in the exclusive economic zone, 2:631 session seven (1978), 1:xxviii, 92–93, 97–98, 125–27, 2:16–17, 5:xv, 6:45– 46, 6:46n.166 on aircraft, 2:340, 486–87 on anadromous stocks, 2:676–77 on archipelagic waters, 2:461 on artificial islands, installations and structures, 2:581–82 on baselines, 2:99–100 on coastal States, 2:373–74, 771, 793 on Commission on the Limits of the Continental Shelf, 2:1006 on conservation/management of living resources, 2:607–8 on the contiguous zone, 2:272–73 on the continental shelf, 2:833–34, 856–59, 942–43, 965–69, 1020 on dumping, 2:35 on the exclusive economic zone, 2:518–19, 540, 563, 568, 581–82, 644 on fishing, 2:34–35 on geographically disadvantaged States, 2:755–61 on highly migratory species, 2:656, 999 on innocent passage, 2:155, 461 on landlocked States, 2:719–27 on marine mammals, 2:661–62 negotiating groups established, 1:417 (see also Negotiating groups) on nuclear-powered ships, 2:219 on nuclear substances, 2:219 on opposite and adjacent coasts, 2:139–40, 812–13 on payments/contributions from exploitation of the continental shelf, 2:942–43 on rights of protection of coastal States, 2:231 on sea lanes/traffic separation schemes, 2:361–62, 476, 486–87 on States’ rights/duties in the exclusive economic zone, 2:563 on stocks in the exclusive economic zone, 2:644

Index of Volumes I-VI on straits, 2:298, 312–13, 328, 361– 62, 388 on submarines, 2:182 on territorial seas, 2:81 on transfer of rights to exploit living resources, 2:781–82 on utilization of living resources in the exclusive economic zone, 2:631–33 on warships, 2:251 session eight (1979), 1:xxviii, 93, 127– 29, 6:46–47 on artificial islands, installations and structures, 2:925 on baselines, 2:436 on charts and geographical coordinates, 2:147–48, 989–90 on coastal States, 2:793 on Commission on the Limits of the Continental Shelf, 2:1006–9 on the continental shelf, 2:860–68, 895, 925, 943–45, 970–76, 989– 90, 1020–22 on the exclusive economic zone, 2:519, 540–41, 563, 633, 644 on geographically disadvantaged States, 2:761–63 Group of Legal Experts on Final Clauses established, 1:418 Group of Legal Experts on Settlement of Disputes on Part XI established, 1:418 on incineration, 2:35–36 on landlocked States, 2:727–28 on marine mammals, 2:662–63 on opposite and adjacent coasts, 2:140–41 on participation in the Conference, 1:420 on payments/contributions from exploitation of the continental shelf, 2:943–45 on rights of coastal States over continental shelf, 2:895 on rights of protection of coastal States, 2:231–32 on States’ rights and freedoms of the high seas, 2:905–6 on States’ rights/duties in the exclusive economic zone, 2:563 on stocks in the exclusive economic zone, 2:644 on transfer of rights to exploit living resources, 2:782 on utilization of living resources in the exclusive economic zone, 2:633 session nine (1980), 1:130–31, 6:47–48 on artificial islands, installations and structures, 2:582–83, 925–26 on coastal States, 2:793

477 on Commission on the Limits of the Continental Shelf, 2:1009–13 on the continental shelf, 2:868–72, 895, 925–26, 945, 976–79, 1022–23 on the exclusive economic zone, 2:582–83, 633–34, 644–45 on geographically disadvantaged States, 2:763–64 on highly migratory species, 2:999 ICNT revised, 1:418–19 on innocent passage, 2:155–56, 195–96 on landlocked States, 2:729 on marine mammals, 2:663 on opposite and adjacent coasts, 2:141 on payments/contributions from exploitation of the continental shelf, 2:945 on the Preparatory Commission, 1:419 on rights of coastal States over continental shelf, 2:895 on sea lanes/traffic separation schemes, 2:211 on stocks in the exclusive economic zone, 2:644–45 on straits, 2:312–13 on the Tribunal, 1:419 on utilization of living resources in the exclusive economic zone, 2:633–34 session ten (1981), 1:131–32, 6:49–50, 52 on artificial islands, installations and structures, 2:583 on baselines, 2:100 on charts and geographical coordinates, 2:148, 990 on coastal States, 2:794 on Commission on the Limits of the Continental Shelf, 2:1014 on the continental shelf, 2:872–73, 945, 979–80, 990 on the draft Convention, 1:419 on the exclusive economic zone, 2:583, 645 on geographically disadvantaged States, 2:764–65 on highly migratory species, 2:999 on innocent passage, 2:195–97 on landlocked States, 2:729 on payments/contributions from exploitation of the continental shelf, 2:945 on stocks in the exclusive economic zone, 2:645 on straits, 2:313 on transfer of rights to exploit living resources, 2:782

478 session eleven (1982), 1:23, 132–34, 2:17, 6:50–53 on aircraft, 2:340–41 on archipelagic waters, 2:461 on artificial islands, installations and structures, 2:583–84 on coastal States, 2:771 on the continental shelf, 2:873, 980– 82, 1024 on the exclusive economic zone, 2:541, 583–84, 645–46 as final decision-making session, 1:420 on geographically disadvantaged States, 2:765 on innocent passage, 2:174, 195, 197–200, 461 on landlocked States, 2:729–30 on nuclear-powered ships, 2:219–20 on nuclear substances, 2:219–20 on opposite and adjacent coasts, 2:141 on participation in the Conference, 1:420 on preparatory investments, 1:419– 20 on sea lanes, 2:362 on stocks in the exclusive economic zone, 2:645–46 on straits, 2:362 on traffic separation schemes, 2:362 on use of terms and scope, 2:36–37 sessions, table of, 1:406–7, 2:xlvii, 3:xlv, 4:xliii, 6:xlv sources of, 2:xli–xliv, 3:xxxix–xlii, 6:xxxix on aircraft, 2:332–33, 384–85, 481 on air space, 2:64–65, 437–38 on anadromous stocks, 2:665 on archipelagic States, 2:407–8, 416– 17, 447, 464, 481 on archipelagic waters, 2:437–38, 455–56 on artificial islands, 2:571–72, 918 on baselines, 2:87–88, 95–96, 129, 416–17 on bays, 2:113–14 on breadth of the territorial sea, 2:433–34 on cables and pipelines on the continental shelf, 2:908–9 on catadromous stocks, 2:680 on charges levied on foreign ships, 2:234–35 on charts and geographical coordinates, 2:144–45, 817, 986 on civil jurisdiction in relation to foreign ships or vessels, 2:244–45 on coastal States, 2:367–68, 481, 521–23, 768, 784–85

Index of Volumes I-VI on Commission on the Limits of the Continental Shelf, 2:1002 on conservation/management of living resources, 2:594–95 on the contiguous zone, 2:266–67, 433–34 on the continental shelf, 2:433–34, 838–39, 891–92, 918, 927, 930– 31, 948–49, 986 on criminal jurisdiction in relation to foreign ships or vessels, 2:237–38 on the exclusive economic zone, 2:433–34, 511–12, 521–23, 545– 46, 553–54, 566, 571–72, 639–40, 796–97 on geographical coordinates, 2:817 on geographically disadvantaged States, 2:733–34 on highly migratory species, 2:648– 49, 995–96 on immunities of warships, 2: 260–61 on innocent passage, 2:151–52, 164– 65, 184–85, 221–22, 390–91, 455– 56 on installations in the exclusive economic zone, 2:571–72 on internal waters, 2:104–5, 443 on landlocked States, 2:691–92 on low-tide elevations, 2:126–27 on marine mammals, 2:659 on marine scientific research, 2:349, 481 on mouths of rivers, 2:109–10 on noncompliance of warships with coastal State laws and regulations, 2:253–54 on nuclear-powered ships, 2:217 on nuclear substances, 2:217 on opposite or adjacent coasts, 2:132–33 on passage, 2:158–69 on payments/contributions from exploitation of the continental shelf, 2:930–31 on ports, 2:120–21 on reefs, 2:91 on responsibility and liability of flag States, 2:256 rights of coastal States over continental shelf, 2:891–92 on rights of protection of coastal States, 2:228–29 on roadsteads, 2:123–24 on the seabed/ocean floor/subsoil, 2:64–65, 437–38 on sea lanes, 2:204–5, 354–55, 464 on sedentary species, 2:687 on ships, 2:332–33, 481

Index of Volumes I-VI on States’ rights and freedoms of the high seas, 2:900–901 on States’ rights/duties in the exclusive economic zone, 2:553–54 on stocks in the exclusive economic zone, 2:639–40 on straits, 2:294, 301–2, 309, 316, 321–22, 354–55, 379, 390–91 on structures, 2:571–72, 918 on submarines, 2:179–80 on superjacent waters over the continental shelf, 2:900–901 on territorial seas, 2:64–65, 75–76, 83, 433–34 on traffic separation schemes, 2:204– 5, 354–55 on transfer of rights to exploit living resources, 2:773–74 on tunnelling, 2:991 on use of terms and scope, 2:28 on utilization of living resources, 2:613–14 on warships, 2:248–49 Statement of Understanding adopted by, 1:346, 421, 2:1019–25 Study of the implications of preparing large-scale maps for UNCLOS III, 2:884–90 texts for discussion by, 1:lx–lxi titles of parts of, 4:750 and UNCLOS I, 1:lx–lxi, 30–31, 3:20 and the Vienna Convention on the Law of Treaties (1969), 5:169–70, 196 UNCTAD. see United Nations Conference on Trade and Development Understanding on Resolution of Conflicts Among Applicants for Registration as Pioneer Investors, 6:849 Underwater cultural heritage, use of term, 6:232n Underwater vehicles, 1:214 (see also Submarines) UNEP (United Nations Environment Programme). see United Nations Environment Programme UNESCO. see United Nations Educational, Scientific, and Cultural Organization Union of South Africa, 3:481 Union of Soviet Socialist Republics. see Soviet Union Union Seas (Belgium), 6:67n.237 United Arab Emirates, 2:171, 181, 3:361, 5:130–32, 6:63n.227 United Kingdom on aircraft, 2:334–35 Annex III on, 6:656–57, 686 on applicable law for the Sea-Bed Disputes Chamber, 5:414

479 on archipelagic States, 2:400, 409, 419, 421–23 on archipelagic waters, 2:439, 457, 466–67 on artificial islands, installations and structures, 2:582–83 on the Assembly, 6:378, 392, 400 in Assembly working group on the rules of procedure, 6:384 on the Authority establishment, 6:342 legal status, 6:559 privileges and immunities, 6:547, 562, 565, 576, 581, 584–85 on baselines, 2:106, 419, 421–23 on the Boat Paper, 6:60n.223 on the breadth of the territorial sea, 3:482 on broadcasting from the high seas, unauthorized, 3:233n.3 on coastal States, 2:369–70 and the cod war, 2:2, 3:2 on Commission on the Limits of the Continental Shelf, 2:1006–8 on the continental shelf, 2:435, 873 Convention rejected by, 1:xxviii, 6:3–4 on the Council, 6:420, 429, 443 on dispute settlement, 6:596 drug trafficking treaty with the U.S., 3:228 on the exclusive economic zone, 2:435, 538, 582–83 on freedom of the high seas, 3:86n in Informal Consultations with the Secretary-General, 6:57–59, 6:58n.219 on innocent passage, 2:160, 168–69, 187–88, 224, 393–94, 457 on islands, régime of, 3:338 on the limits of the Area, 6:79 marine environment protection/preservation efforts of, 4:5, 158, 160, 264, 269, 305–6 on marine technology development/ transfer, 4:693, 708, 715 on monopolies, 6:686 on opposite or adjacent coasts, 2:142 on pollution, 2:381 on the Preparatory Commission, 5:477 on Resolution II, 6:837, 839, 841 on responsibility and liability of flag States, 2:257, 2:257n on safety aids in straits, 2:381 seabed mining legislation of, 6:834n.4 on sea lanes, 2:207, 357–59, 466–67 on the Secretary-General, 6:483, 487–88 on ships, 2:334–35 on straits, 2:287–89, 303, 2:305n, 2:310, 318, 323–26, 357–59, 393–94, 4:386

480 on submarines, 2:181 on superjacent waters/air space, 6:88 on theTorrey Canyon disaster, 4:305–6 on traffic separation schemes, 2:207, 357–59 on transit passage, 2:386 on uses of the seabed, 6:22–23 on warships, 2:250–51, 257, 2:257n United Nations (see also Charter of the United Nations; Flag States; Food and Agriculture Organization; General Assembly; Secretary-General (United Nations); Security Council; UNCLOS III) administration of territories by, proposal for, 6:8, 6:8n.17, 12n.31 and the Authority, 1:278, 424, 6:503–4, 6:504n.7 budget of, 1:375, 425, 481 Commission on Transnational Corporations, 1:363–64 and Commissions of the Council, 1:281 Economic and Social Council, 1:285 establishment of, 6:7 flag of, 1:245 and marine environment preservation/ protection, 4:16, 414 and NGOs, 6:505 participation in disputes with States, 5:64 ships flying the flag of, 3:128–34, 3:133n.10 specialized agencies of, 1:245, 3:132, 3:132n.4, 6:503–4, 6:503n.3 UNCLOS III participation by, 1:407 United Nations Administrative Tribunal, 6:498–99, 6:499n.5 United Nations Charter. see Charter of the United Nations United Nations Commission on International Trade Law. see UNCITRAL Arbitration Rules United Nations Conference on Environment and Development (UNCED; 1992), 3:41–43, 311, 317 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (1993), 3:42–43, 3:288n.14, 3:295, 303, 311, 367 United Nations Conference on Succession of Sates in Respect of Treaties (1978), 5:181–82 United Nations Conference on the Human Environment (1972; Stockholm Conference) Action Plan for the Human Environment, 4:9, 37, 79–80 on IWC, 3:316 marine environment preservation/protection deliberations by, 4:8–9 re activities in the area, 4:150, 228

Index of Volumes I-VI re data and information exchange, studies, and programmes, 4:91–92 re dumping, 4:158 re enforcement obligations of flag States, 4:242–43 re maritime casualties, 4:306 re pollution, 4:112–13, 150, 183 publication of reports, 4:117 re responsibility and liability, 4:401 re scientific criteria for regulations, 4:95n re sovereign rights, 4:45–46 on pollution, 2:31, 41, 4:138 and UNEP, 3:316n.4 on whaling, 3:316 United Nations Conference on the Law of the Sea. see First Committee (UNCLOS III); UNCLOS I; UNCLOS II; UNCLOS III United Nations Conference on the Law of Treaties (1968, 1969), 3:xli–xlii, 4:xxxix–xl United Nations Conference on Trade and Development (UNCTAD) on the Charter of Economic Rights and Duties of States, 6:32n.106 and labour-supplying countries’ interests, 3:120–21 on landlocked States’ access to and from the sea and transit rights, 3:377, 3:377n.27, 3:391–93, 419–20, 431 on marine technology development/ transfer, 4:700 United Nations Convention on Conditions for Registration of Ships adopted under auspices of, 3:108 on vessel registration requirements, flag States’ duties regarding, 4:257 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), 2:240n.3, 3:36, 126, 225 United Nations Convention on Conditions for Registration of Ships (1986), 3:36, 108–21, 4:27 on adverse economic effects, minimizing, 3:117–18, 121 on bareboat charters, 3:116–17 denunciation of, 3:120 entry into force, 3:118–19 on flag States, 2:46–47 on flag States’ duties, 3:144–45, 3:146n, 4:257 on flag States’ management of shipowning companies/ships, 3:115 general provisions of, 3:112 implementation of, 3:118 on joint ventures, 3:117 on labour-supplying States’ interests, 3:117, 120–21

Index of Volumes I-VI on manning/ownership of ships, 3: 113–14 on national maritime administration, 3:112, 4:375n.7 objectives of, 3:111 on registration of ships, 3:112–13, 115–16 review of/amendments to, 3:119 scope of application of, 3:111 Secretary-General as depository of, 3:118 on ships flying the flag of international organizations, 3:134 signature/ratification of, 3:118 use of terms in, 3:111 United Nations Convention on the International Sea-Bed Area, 5:171 United Nations Convention on the Sea-Bed and the Ocean Floor Beyond the Limits of National Jurisdiction, 4:150 United Nations Development Programme, 3:120–21, 6:282 United Nations Educational, Scientific,Â€ and Cultural Organization (UNESCO), 4:16, 4:613n, 6:14–15, 231–32, 6:232n.11, 488n.1, 499n.1, 946 (see also Intergovernmental Oceanographic Commission) United Nations Emergency Force, 3:132 United Nations Environment Programme, 1:397–98 United Nations Environment Programme (UNEP) establishment of, 3:366 experts list maintained by, 5:446 for marine environment preservation/ protection re dispute settlement, 4:42 re dumping, 4:234 global and regional arrangements under, 4:65 re pollution, 4:54, 4:111n.2, 4:133, 202, 221, 225 reports submitted to, 4:118–19 re responsibility and liability, 4:414 role of, 4:16 and marine scientific research, 4:437, 449 Regional Seas Programme, 3:366–67 and the United Nations Conference on the Human Environment, 3:316, 3:316n.4 United Nations Flag Code and Regulations, 3:132 United Nations High Commissioner for Refugees, 3:175 United Nations Joint Staff Pension Fund, 6:494 United Nations Korean Reconstruction Agency, 3:132

481 United Nations Marine Resources Agency, 6:11–12 United Nations Office for Ocean Affairs and the Law of the Sea on baselines, 2:81, 89–90, 100, 148–49 on coasts, 2:100 on deltas, 2:100 on due publicity, 2:820 on geodetic datum, 2:820 Law of the Sea Bulletin, 4:602 on ports, 2:122, 162 on prior, use of term, 4:166 on roadsteads, 2:125 on rocks, 3:339 on subsoil, 2:74 on superjacent waters, use of term, 4:611, 6:92 on superjacent waters over the continental shelf, 2:906 Technical Experts on Marine Scientific Research convened by, 4:437n.21 on traffic separation schemes, 2:212– 13, 365–66 on water column, use of term, 4:611 (see also Division for Ocean Affairs and the Law of the Sea) United Nations Special Fund Caribbean Fishery Project, 3:132 United Nations Suez Canal Clearance Operation in Egypt, 3:132 United States on accommodation of activities, 6:208–10 on activities in the Area, 6:73, 82, 244– 45, 253 on air space over the continental shelf, 2:903 on amendment/revision of the Convention, 5:256–57 on anadromous stocks, 2:668–69, 671–72 on Annex III, 6:651–52, 656–57, 6:657n.16, 6:660–61, 667, 671–72, 674 on annexes, 5:286–87 on archaeological/historical objects, 5:159, 161 on artificial islands, installations and structures, 2:920, 922–23 on the Assembly, 6:373, 378–80, 382– 83, 392, 394, 400–401 in Assembly working group on the rules of procedure, 6:384 on the Authority, 6:40 establishment, 6:341 financial arrangements, 6:530, 539– 40, 545 organs, 6:366, 369 powers/functions, 6:360 privileges and immunities, 6:565 on baselines/bays, 3:477

482 on the benefit of mankind, 1:3–4, 6:141–42, 6:142n.16 on the Boat Paper, 6:60n.223 on the breadth of the territorial sea, 1:37, 2:496, 3:482 on cables and pipelines on the continental shelf, 2:911–12 on coastal States’ rights/interests, 6:156 on the common heritage of mankind, 6:26–27n.93, 6:96–97 on compulsory dispute settlement, 5:6, 130 on conduct of States, 6:115 on conservation/management of living resources, 2:598, 602–3, 3:292–93, 306–8 on the continental shelf, 2:493, 847–49, 903, 920, 922–23, 928, 967–68, 981 Convention participation by (see under Convention) on cooperation of States in conservation/management of living resources, 3:298–99 on the Council composition/decision-making, 6:421– 23, 429–31 organs, 6:461–62 powers/functions, 6:453 on delimitation disputes, 5:128 on delimitation of continental shelf between opposite or adjacent coasts, 2:967–68, 981 on developing States’ participation, 6:221–22, 224 on disclosure of information, 5:156–57 discussions/agreements/deals re UNCLOS III issues, 1:57–58 on dispute settlement, 5:6, 6:597–98, 600, 609–10, 6:610n.2 on drilling on the continental shelf, 2:928 drug trafficking treaty with the U.K., 3:228 on the Economic Planning Commission, 6:469–71 on enforcement of laws and regulations of coastal States, 2:786–88, 790–91 on the Enterprise, 6:39–40, 43, 506–7, 515–16, 518–21, 539 on environmental protection, 6:192 on the exclusive economic zone, 1:44– 45, 2:356, 519, 529, 536–37 on exploration/exploitation, 6:297–98, 302–3, 305, 310, 734 (see also Truman Proclamations) First Committee (UNCLOS III) participation by, 6:48–52 on good faith and abuse of rights, 5:151 Green Book proposed by (see Green Book) on highly migratory species, 2:651–52, 656, 2:657n.14, 2:996–97

Index of Volumes I-VI on the high seas, use of term, 3:64–65 on the high seas régime, 3:62 in Informal Consultations with the Secretary-General, 6:57–59, 6: 58n.219 on innocent passage, 2:177–78, 194, 203, 227, 284–86 on installations in the exclusive economic zone, 2:575, 577–78 on the international régime, 6:31–32 on landlocked States, 2:696 on the Legal and Technical Commission, 6:464, 480–81 on legal status of resources, 6:109n.11 on licenses for exploration/exploitation, 6:651–52 on the marine environment, 2:35, 493, 496–97 marine environment preservation/protection efforts of re activities in the area, 4:150, 152– 53, 228 re civil proceedings, 4:360–61 re Coastal States’ enforcement obligations, 4:283, 292, 294 re effects of activities, 4:123 re flag States’ enforcement obligations, 4:243–44, 249 re ice-covered areas, 4:393 re investigation of foreign vessels, 4:336–37 re monetary penalties and rights of the accused, 4:365, 369 re nondiscrimination against foreign vessels, 4:346 re notification of flag States, 4:372, 375 re pollution, 4:63, 150, 152–53, 184– 87, 211 re port States’ enforcement obligations, 4:261–62, 269 re powers of enforcement, 4:325–26 re release of vessels, 4:274 re responsibility and liability, 4: 403–4 re sovereign immunity, 4:418–19 re sovereign rights, 4:46 re States’ liability due to enforcement of regulations, 4:378 re straits used for international navigation, 4:386 re suspension and restrictions on proceedings involving jurisdiction, 4:350, 356 re technologies’ use, 4:75 re violations proceedings, 4:322 on marine mammals, 2:660–63 on marine resources, 6:13–17 marine science policy of, 6:12–13, 6:13n.35, 13n.38 on marine scientific research, 6:162, 166

Index of Volumes I-VI marine scientific research proposals by re Area-based research, 4:605n.2, 4:606 re assistance and facilitation for research vessels, 4:598, 600–601 conditions to be complied with, 4:541, 548–50, 552 re the continental shelf and exclusive economic zones, 4:513–14, 4: 513n.14 re dispute settlements and interim measures, 4:645, 652–53, 658–60 re implied consent, 4:566 re information to coastal States, 4:529–31 re installations and equipment, 4:618–19 re international cooperation, 4:468– 71, 475–77 re principles for conduct, 4:456–57, 460 re publication and dissemination of information and knowledge, 4: 482 re responsibility and liability, 4:640 re right to conduct research, 4:443 re suspension or cessation of research, 4:574–75 re territorial seas, 4:491 re water columns, 4:611 on marine technology development/ transfer, 4:691, 708–9, 4:709n.6, 4: 714–16 membership in the Authority, 6:63n.227 mining interests of, 6:689n.42 on mining rights, 6:658 on the moratorium resolution, 6: 25–26n.90 on NIEO, 6:32n.106 on nuclear-powered ships/substances, 2:220 oceans policy of, 6:26–27n.93 on the Optional Protocol of Signature concerning the Compulsory Settlement of Disputes, 5:5n.4 on payments/contributions from exploitation of the continental shelf, 2:933– 35, 938–39, 941, 944 on peaceful purposes, 3:89, 6:146, 148 on policies on activities, 6:244–45, 253 on the Preparatory Commission, 5:476, 6:56 on production authorizations, 6:691 on production policies, 6:277–78 on prompt release of vessels, 5:67 on prospecting, 6:660 on protection of human life, 6:201–3, 6:203n on qualifications of applicants, 6:671, 674 on regional marine scientific and technological centres, 4:728–29

483 on Resolution II, 6:833–35, 837, 839–41 on resources, use of term, 6:73 on responsibility and liability, 5:164 on responsibility/liability, 6:120 on the Review Conference, 6:332–33 on rights/obligations under contracts, transfer of, 6:750 on rights of protection of coastal States, 2:233 on rights/privileges of membership, suspension of, 6:591–92 on the right to fish on the high seas, 3:281–82 on RSNT, 6:41 on the Rules and Regulations Commission, 6:478 seabed mining legislation of, 6:834, 844 on sea lanes/traffic separation schemes, 2:213, 470–71 on the Secretary-General, 6:483, 487– 88, 492, 497–98, 502 on security of tenure, 6:735 on settlement of disputes in the exclusive economic zone, 2:568 on sovereignty over the high seas, 3:95 on States’ rights/duties in the exclusiveÂ€ economic zone, 2:557, 560–61, 563 on the Statute of the Enterprise, 6:760, 763–64, 780, 802–3, 810–13 on straits, 2:302–3 strategic/security interests of, 1:42–43 on superjacent waters/air space, 2:903– 4, 6:88 on suspension of contractors’ rights, 6:745–46 on technology transfer, 6:177, 6:178n.6, 6:180, 183, 187, 519–20 on transfer of rights to exploit living resources, 2:777 on the Tribunal, 5:333 United Nations Convention on the International Sea-Bed Area draft by, 5:171 on uses of the seabed, 6:22, 6:26–27n.93 on utilization of living resources in the exclusive economic zone, 2:616–17, 619–20, 626–27 Universal Declaration of Human Rights, 3:186, 4:370 Unlawful acts (offences) against navigation safety, 3:36, 185–95, 3:188n Uruguay (see also Latin American and Caribbean States; Latin American States) on artificial islands, installations and structures, 2:581 on baselines, 2:97, 106 on bays, 2:115

484 on the breadth of the territorial sea, 3:485 on charts, 2:146 on conservation of straddling stocks, 3:302n.11 on enclosed/semi-enclosed seas, 3:343, 357 on the exclusive economic zone, 2:538– 40, 581 on islands, régime of, 3:328, 334 on landlocked States, 3:411–12 on low-tide elevations, 2:127 on marine scientific research, 4:580n on opposite or adjacent coasts, 2:136 on ports, 2:121 on roadsteads, 2:124 on the Secretary-General and Secretariat, 6:483, 487, 492, 497 on settlement of disputes in the exclusive economic zone, 2:568 Use of force, 1:213–14, 221, 337 Use of terms and scope, generally, 1:208, 2:27–47, 2:30n, 4:749–59, 6:70–76 (see also specific terms) Use of the seas, 1:207–8, 229, 313, 334 User State, use of term, 2:43 USSR. see Soviet Union Vallarta, José Luis (of Mexico), 1:95, 116, 1:416n.39, 4:xiv, 6:xlvii Varma, M. (of Estonia), 3:483 Vehicles, 1:256 (see also Submarines) Venezuela (see also Latin American and Caribbean States; Latin American States) on the continental shelf, 2:845 Convention rejected by, 1:xxviii, 6:52 on delimitation of continental shelf between opposite or adjacent coasts, 2:980 on the draft Agreement, 6:62n.226 on islands, régime of, 3:338 as location for the Convention, 1:452 marine environment protection/preservation proposals from atmospheric pollution, 4:210 on opposite or adjacent coasts, 2:141 on reservations to the Convention, 5:221 resolution expressing gratitude to, 1:435 on the Secretary-General, 6:483, 487, 492, 497 and straits, 2:292, 2:292nn.48–49 withdrawal as host of Conference, 5:304 Verdross, Alfred V., 1:151 Versailles Treaty (Treaty of Peace; 1919), 3:384

Index of Volumes I-VI Vessels (see also Arrest; Assistance; Boarding; Craft; Danger; Design; Detention; Enforcement; Equipment; Fishing; Fishing vessels; Flag States; Foreign ships or vessels; Government ships; High seas; Immunity; Inspection; Installations; Investigation; Loss; Manning regulations; Master of a ship or vessel; Merchant ships; Monetary penalties; Nationality; Nondiscrimination; Noxious substances; Nuclear-powered ships; Officers; Passage; Penalties; Piracy; Pollution; Ports; Proceedings; Registry; Release; Responsibility and liability; Seaworthiness; Seizure; Ships; Sovereign immunity; Sunken ships; Warships) certificate for, 1:304, 308 data collection/sharing, 3:667 detention of, 4:274 disposal of, 2:34 dumping from, 1:208, 299–300, 303 evidence of condition of, 1:304 flying the flag of a State, 2:36, 3:36, 100–102, 3:100n, 3:506 government, powers of enforcement of, 4:326–29 hazards to, 1:308 inspection of, 3:108, 601 marine environment protection/preservation from pollution by atmospheric pollution, 4:207–13 coastal States’ enforcement, obligations re, 4:279–302 design, construction, equipment, operation and manning guidelines for, 4:66 and enforcement of dumping, 4:232– 39 flag States’ enforcement re, 4:243–57 in ice-covered areas, 4:392–98 investigation guidelines, 4:18–19 maritime casualties, measures for avoiding, 4:304–14 provisions generally, 4:176–206, 4:184–85n.8 RSNT on, 4:62–63 seaworthiness, measures relating to, 4:273–78 and sovereign immunity, 4:416–21 States’ liability due to enforcement of regulations, 4:377–81 suspension and restrictions on proceedings involving, 4:358 marine scientific research and use of, 4:459–61, 477, 597–602, 625 nationality of, 3:103–9, 3:107n.7 other than warships, innocent passage in the territorial sea, 3:468–74

Index of Volumes I-VI pollution by, 1:301–2, 3:34, 4:58–61, 6:159, 197, 215 (see also Pollution) prompt release of, 1:332–33, 5:66–71 release of, 4:274 research, 1:317, 320 seaworthiness of, 4:273–78 vs. ships, 3:101 submarines, 6:148 sunken ships, 6:227 (see also Archaeological/historical objects) use of term, 2:36, 45–46, 156, 3:101, 4:17–18, 758–59 Vice-President. see Tribunal Vienna Convention on Consular Relations (1963), 1:464n.29, 4:375 Vienna Convention on Diplomatic Relations (1961), 1:464n.29, 4:375 Vienna Convention on the Law of Treaties (1969), 6:334n.17 on adoption of treaties, 5:195 amendment/modification, use of terms, 5:247 on amendment of multilateral treaties, 5:277, 6:59n.222 on annexes, 5:287–88 application of guidelines for treaties, 5:183, 194, 5:194n.18 application of successive treaties relating to the same subject-matter, 5:232–33n.4 on conciliation, 5:311, 319 on consular officers, 2:242–43 and the Convention vs. the Geneva Conventions, 5:235 on customary law, 1:463–65, 1:464n.29 denunciation/withdrawal guidelines of, 5:170–71, 280–81, 284–85 on depositary functions, 5:291 on disputes, 2:804 on dispute settlement, amicable, 5: 320 on the Final Act of a Conference, 1:445–46 and final clauses of the Convention, 5:236, 240 on final clauses/provisions, 1:446 on international organizations’ obligations, 4:736 on interpretation, 1:147–52, 1:147n.62 on majority voting, 5:266 and marine environment protection/ preservation proposals, 4:398, 425–26 on marine scientific research, 4:524 on obligations of signatory States, 1:466 on parties, use of term, 5:175 on preambles to treaties, status of, 1:466–67 preamble to, 1:459, 1:461n on provisions of treaties, 5:168

485 on ratification, 5:200 on relationship of international agreements, 5:232–33n.4, 5:235, 240 on reservations to treaties, 5:213–15, 222, 226–27 on responsibility/liability for damage, 5:164 on rights/obligations of third States, 4:39 on treaties, use of term, 4:687n, 5:239, 376, 5:376n.28, 381n and UNCLOS III, 5:169–70, 196 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986), 4:16–17, 205, 425–26, 4:687n, 4:736, 5:168, 175, 287–88, 376, 5:376n.29 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character (1975), 1:464n.29, 2:36, 5:271, 311 Vienna Convention on the Succession of States in respect of Treaties (1978), 1:464n.29, 5:170, 200 (see also United Nations Conference on Succession of Sates in Respect of Treaties) Viet Nam, 2:101, 3:160–61 (see also Democratic Republic of Viet Nam) Vignes, Daniel (of France), 5:xvi–xviii Vindenes, Helge (of Norway), 1:108, 2:503n.36, 4:435n.18 Violations (see also Laws and regulations) by Authority staff members, 1:284–85 of coastal State laws and regulations in the exclusive economic zones, 1:238, 251, 4:348–59 of coastal State laws and regulations on pollution, 1:305–11 by contractors, 1:351–52, 368, 488 of the Convention by international organizations, 1:402 international rules and standards on pollution, 1:304–5 of marine pollution regulations civil proceedings involving, 4: 360–61 coastal States’ enforcement, obligations re, 4:286–90, 300–301 flag States’ enforcement, obligations re, 4:248, 256–57 investigation of foreign ships for, 4:334–44 measures to facilitate proceedings for, 4:321–24 of Part XI by Authority or States Parties, 1:290–91

486 of principles of international law, 1:213–14, 221 Violence, illegal. see Piracy Visas, 6:554 Visit, right of. see Right of visit Voix prépondérante, 5:433 Voting (see also Assembly; Chambers for voting in the Council; Conciliation commission; Council; Decision-making; Economic Planning Commission; Governing Board; Legal and Technical Commission; Right(s); Tribunal) vs. consensus, 1:lxiii–lxiv, 14, 20, 5:265–66 at the Review Conference, 1:270 under the Rules of Procedure (UNCLOS III), 1:99–101 suspension of rights of, 6:587–89, 6:589n, 6:918 and voix prépondérante, 5:433 Waithayakon, Prince (Thailand), 6:8 Wako, S. Amos (of Kenya), 6:xlvii Waldheim, Kurt, 5:293 Waldock, Sir Humphrey, 1:151, 3:xliii n.2 Walkate, Jaap (of the Netherlands), 6:xlvi, 55 Warioba, Joseph (of Tanzania), 5:477n.11, 6:xlv, 56, 489 Warning signals, 1:230, 263, 321, 4:629–31 Warships (see also Exceptions/exclusions; Flag States; High seas; Military; Sunken ships) in archipelagic waters, 3:628 boarding of merchant ships by, 3:509–10 Convention on the Territorial Sea and the Contiguous Zone on, 2:249, 254, 261, 2:261n.2 damage caused by, 1:218 enforcement by, 1:308 and flag States, 2:256–59, 2:257n hot pursuit by, 1:251, 3:247, 250–51, 254–56, 258, 510, 615 immunities of, 1:218, 246, 312, 2:260– 65, 3:153–56, 3:155n, 3:607 and innocent passage, 2:155, 162–63, 175, 196, 2:197n.11, 2:203, 3:474, 502, 561–62 laws and regulations on, 2:248–65 and marine environment preservation/ protection, 4:416–21 marine environment preservation/protection by, 4:326–29 maritime casualties measures and exceptions for, 4:306 nationality of, 1:218, 250

Index of Volumes I-VI noncompliance with coastal State laws and regulations, 1:218, 2:253–59, 2:255n Part XII’s applicability to, 1:312 piracy by, 1:248, 3:203–5, 3:205n, 3:613 right of visit by, 1:250, 3:237–46 rules applicable to, 1:218 seizure by, 1:249, 3:509, 614 in straits, 3:480, 568 use of term, 1:218, 2:38, 248–52, 3:154, 3:154n.1, 3:506–7, 561 Waste classification, 4:172–74 Waste disposal (see also Dumping) “black list” of waste, 4:165–66 harmful effects of (see Environmental protection) and incineration at sea, 2:34n, 2:35–36, 4:754–55 and transit passage through straits, 1:222 use of term, 2:34, 42 Water columns, 1:320, 4:605–11, 6:92 (see also Superjacent waters; Waters superjacent to the Area) Watercourses, international, 2:42n.20, 4:132n Waters superjacent to the Area (see also High seas; Superjacent waters) vs. the Area, 6:110 legal status of, 6:69, 87–92, 6:91n.3, 6:96, 100, 6:110n.14 legal status of, Review Conference on, 6:318–19, 323, 325, 329 and the marine environment, regard for, 6:208 peaceful purposes in, 6:149n.4 Sub-Committee I on, 6:89–90 superjacent waters, use of term, 6:92 Weapons. see Arms race; Nuclear weapons Weapons exercises, 2:175 (see also Warships) Weidinger, Franz (of Austria), 1:412 Western European and Other States on Annex III, 6:657 on the Authority’s establishment, 6:346 on broadcasting from the high seas, 3:233 on conservation/management of living resources, 2:601–2, 605 on delimitation of exclusive economic zone, 2:805 on enforcement of laws and regulations of coastal States, 2:789–90 on the exclusive economic zone, 2:549 on highly migratory species, 2:651 on marine mammals, 2:660 on marine scientific research, 4:659–60 in the negotiating process, 1:83

Index of Volumes I-VI on special interests, 6:424 Tribunal membership of, 5:344 on utilization of living resources in the exclusive economic zone, 2:626 Western European Waters, 2:214–15 Western North Atlantic Ocean, 2:216 West Indies Associated States, 1:408–9, 5:180 WG.21 (Working Group of 21) on Annex III, 6:655–57 closed vs. open meetings of, 1:97 on consensus, 5:265 documentation of, 1:liv establishment of, 1:93, 97, 6:655 and First Committee (UNCLOS III), 1:93, 1:415n.39, 6:46–48, 6:47n.171, 6:49–51 and the Group of 77, 1:93, 97, 6:46, 6:47n.171 on Resolution II, 6:837–38 on the Statute of the Enterprise, 6:762– 63, 767–69, 778–96, 798–99, 801–5, 812, 815, 819–20 Whales/whaling, 1:345, 2:663, 3:316–17, 3:316n.2 White House Conference on International Co-operation (1965), 6:10–11 WHO (World Health Organization), 2:376n.12, 4:16, 5:247 Who may exploit the Area Annex III, 6:652, 6:652n.5, 6:667–68 and the Authority’s powers/functions, 6:81, 355–57 First Committee (UNCLOS III) on, 6:37, 6:37n.125 and marine scientific research, 6:165, 167–68 and the parallel system, 6:310 qualifications for, 6:311 Sub-Committee I on, 6:299–302 WIPO (World Intellectual Property Organization), 4:700 “Without prejudice” clauses, 4:21 WMO. see World Meteorological Organization Wolf, Karl (of Austria), 1:412 Wood, Michael C., 6:531n.3 Working Group (First Committee (UNCLOS III)â•›), 1:92, 6:37–39, 6:37nn.124–25 Working Group 2, marine environmentÂ€ preservation/protection deliberations of re activities in the area, 4:150–51, 228–29 re adverse consequences from exercise of powers, 4:331 re coastal States’ enforcement obligations, 4:283–84 re data and information exchange, studies, and programmes, 4:92–93

487 draft articles, 4:38–39, 55–57, 4: 55–57n.8 re dumping, 4:235 re global and regional cooperation, 4:80 re imminent or actual damage, 4:84 re pollution, 4:87–88, 113, 128–29, 138–40, 150–51, 4:184–85n.8, 4:184–87, 209, 245–46, 4:245–46n.3, 4:316–17 re port States’ enforcement obligations, 4:262 re preferential treatment for developing states, 4:106 re publication of reports, 4:118 re scientific criteria for regulations, 4:95–96 re seaworthiness of vessels, 4:274 re technical assistance to developing countries, 4:101 re violations proceedings, 4:322 Working Group 3 (Sub-Committee 3), 4:442–43, 464–65, 468, 491, 583 Working Group of 21. see WG.21 Working Group of Legal Experts, 5:xxx Working Group of the Whole, 6:305, 654, 761, 810–11 Working Group on Marine Scientific Research, 4:585 Working Group on the International Regime, 6:34–35, 6:37n.124 Working Paper I, 4:594 Working Paper on Final Clauses, 5:236–37, 251–52 Working Paper on the Settlement of Law of the Sea Disputes, 5:7–8 World Administration Radio Conference (1979), 3:236 World Bank, 3:121, 6:760, 778, 786–87, 797–98, 800, 801 World Climate Research Programme, 4:437 World Data Centres, 4:477–78, 4:478n.3 World economy, 6:243–44, 247–48, 251, 253–54, 318, 328–29 World Health Organization (WHO), 2:376n.12, 4:16, 5:247 World Intellectual Property Organization (WIPO), 4:700 World Maritime University, 4:688 World Meteorological Organization (WMO), 3:176n.11, 4:16, 397, 4:397n. 4, 4:437, 4:611n.2 World Peace through Law Conference (1967), 6:16 World Trade Organization (see also General Agreement on Tariffs and Trade) World Weather Watch (WWW), 4: 611n.2 Wrecks, 6:228–29

488 (see also Archaeological/historical objects) Wright, Quincy, 6:7n.15 Wünsche, Harry (of the German Democratic Republic), 1:93, 1:415n.39, 1:418, 5:13, 402, 6:46, 603, 616, 618 WWW (World Weather Watch), 4:611n.2 Yankov, Alexander (of Bulgaria), 4:xix commentaries on work of, 4:xiii influence of, 1:63 on national marine science, technology and ocean service infrastructures, Annex VI provisions re, 4:746 RSNT work of, 1:120 SNT work of, 1:116 Third Committee chaired by, 1:94–95, 411 Yaoundé seminar. see African States Regional Seminar on the Law of the Sea Yellowfin tuna, 1:345 Yemen, 2:199n.26, 2:359–60, 372, 382, 388, 395, 3:161 Young Loan case, 1:148, 151, 1:151n.76, 152n.80 (see also Travaux préparatoires) Yugoslavia, 6:24–25 on archipelagic States, 2:400, 418–19 on artificial islands, installations and structures, 2:584n.10 on baselines for archipelagic States, 2:418–19 on the breadth of the territorial sea, 3:486 dissolution of, 3:375 on enclosed/semi-enclosed seas, 3:350, 361, 363

Index of Volumes I-VI on the exclusive economic zone, 2:584n.10 on geographically disadvantaged States, 2:729, 764 on landlocked States, 2:730 on marine environment protection/preservation, 4:137 sanctions against, 3:91 on straits, 2:312–13, 2:328n.7 on the Tribunal, 5:339, 5:339n.17 on utilization of living resources in the exclusive economic zone, 2:631, 633–35, 2:635n.25 Yuzhmorgeologiya (Soviet Union; now Russian Federation), 6:67, 696–97, 6:696n, 697n.48 Zaire, 2:600, 625, 698, 2:698n.4, 2:729, 765, 771, 6:839 Zambia, 2:85, 136, 516–18, 534–35, 538– 39, 6:844 Zonal management approach to marine environment protection/preservation, 4:48 re activities in the area, 4:151–52 re coastal States’ enforcement obligations, 4:217–18, 285 re dumping, 4:159–60, 235 re global and regional cooperation, 4:80 re pollution, 4:71, 151–52, 186–87, 210 States’ duties regarding, 4:58–61, 65 re transferring or transforming hazards or pollutants, 4:71 and marine scientific research, 4:523 Zuleta, Bernardo (of Colombia), 1:15, 66, 412

United Nations Convention on the Law of the Sea

Commentary on the United Nations Convention on the Rights of the Child: Article 38 Children in Armed Conflicts (Commentary on the United Nations Convention on the Rights of)

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

Commentary on the United Nations Convention on the Rights of the Child, Article 26: The Right to Benefit from Social Security (Commentary on the United Nations Convention on the Rights of the Child.)

Commentary on the United Nations Convention on the Rights of the Child, Article 28: The Right to Education

Max Planck Yearbook of United Nations Law 2000 (Max Planck Yearbook of United Nations Law) (Max Planck Yearbook of United Nations Law)

The Slavery Conventions: The Travaux Preparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention (The Travaux Preparatoires of Multilateral Treaties, 1)

Commentary on the United Nations Convention on the Rights of the Child: Volume 24 Article 24: the Right to Health And Health Services (Commentary on the ... Convention on the Rights of the Child.)

United Nations Convention on the Law of the Sea 1982, Volume VII

United Nations Convention on the Law of the Sea

United Nations Convention on the Law of the Sea

Commentary on the United Nations Convention on the Rights of the Child: Article 38 Children in Armed Conflicts (Commentary on the United Nations Convention on the Rights of)

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

The United Nations: law and practice

Worldmark Encyclopedia of the Nations. United Nations

The Chapter VII Powers of the United Nations Security Council (Studies in International Law)

Worldmark Encyclopedia of the Nations, United Nations

The International Law Commission of the United Nations

Max Planck Yearbook of United Nations Law

The United Nations

Max Planck Yearbook of United Nations Law, Volume 11 (2007)

Max Planck Yearbook of United Nations Law

Max Planck Yearbook of United Nations Law

Inside the United Nations

Commentary on the United Nations Convention on the Rights of the Child, Article 13: The Right to Freedom of Expression

Commentary on the United Nations Convention on the Rights of the Child, Article 26: The Right to Benefit from Social Security (Commentary on the United Nations Convention on the Rights of the Child.)

Commentary on the United Nations Convention on the Rights of the Child, Article 28: The Right to Education

Max Planck Yearbook of United Nations Law 2000 (Max Planck Yearbook of United Nations Law) (Max Planck Yearbook of United Nations Law)

The Slavery Conventions: The Travaux Preparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention (The Travaux Preparatoires of Multilateral Treaties, 1)

Admission to the United Nations

You and the United Nations

Vienna Convention on the Law of Treaties: A Commentary

Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge Studies in International and Comparative Law)

You and the United Nations

The United Nations In Action

Commentary on the United Nations Convention on the Rights of the Child: Volume 24 Article 24: the Right to Health And Health Services (Commentary on the ... Convention on the Rights of the Child.)

Yearbook of the United Nations 2005 (Yearbook of the United Nations)

Migration and Human Rights: The United Nations Convention on Migrant Workers' Rights

Commentary on the United Nations Convention on the Rights of the Child, Article 43-45: The UN Committee on the Rights of the Child (v. 43)

United Nations Convention on the Law of the Sea 1982, Volume VII

United Nations Convention on the Law of the Sea

United Nations Convention on the Law of the Sea

Commentary on the United Nations Convention on the Rights of the Child: Article 38 Children in Armed Conflicts (Commentary on the United Nations Convention on the Rights of)

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

The United Nations: law and practice

Worldmark Encyclopedia of the Nations. United Nations

The Chapter VII Powers of the United Nations Security Council (Studies in International Law)

Worldmark Encyclopedia of the Nations, United Nations

The International Law Commission of the United Nations

Max Planck Yearbook of United Nations Law

The United Nations

Max Planck Yearbook of United Nations Law, Volume 11 (2007)

Max Planck Yearbook of United Nations Law

Max Planck Yearbook of United Nations Law

Inside the United Nations

Commentary on the United Nations Convention on the Rights of the Child, Article 13: The Right to Freedom of Expression

Commentary on the United Nations Convention on the Rights of the Child, Article 26: The Right to Benefit from Social Security (Commentary on the United Nations Convention on the Rights of the Child.)

Commentary on the United Nations Convention on the Rights of the Child, Article 28: The Right to Education

Max Planck Yearbook of United Nations Law 2000 (Max Planck Yearbook of United Nations Law) (Max Planck Yearbook of United Nations Law)

The Slavery Conventions: The Travaux Preparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention (The Travaux Preparatoires of Multilateral Treaties, 1)

Admission to the United Nations

You and the United Nations

Vienna Convention on the Law of Treaties: A Commentary

Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge Studies in International and Comparative Law)

You and the United Nations

The United Nations In Action

Commentary on the United Nations Convention on the Rights of the Child: Volume 24 Article 24: the Right to Health And Health Services (Commentary on the ... Convention on the Rights of the Child.)

Yearbook of the United Nations 2005 (Yearbook of the United Nations)

Migration and Human Rights: The United Nations Convention on Migrant Workers' Rights

Commentary on the United Nations Convention on the Rights of the Child, Article 43-45: The UN Committee on the Rights of the Child (v. 43)

Recommend Documents