Article 279
Obligation to settle disputes by peaceful means
States Parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means in
accordance with Article 2, paragraph 3, of the Charter of the United
Nations and, to this end, shall seek a solution by the means indicated in
Article 33, paragraph 1, of the Charter.
Article 280
Settlement of disputes by any peaceful means chosen by the parties
Nothing in this Part impairs the right of any States Parties to agree at
any time to settle a dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice.
Article 281
Procedure where no settlement has been reached by the parties
1. If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed to seek
settlement of the dispute by a peaceful means of their own choice, the
procedures provided for in this Part apply only where no settlement has
been reached by recourse to such means and the agreement between the
parties does not exclude any further procedure .
2. If the parties have also agreed on a time-limit, paragraph 1 applies
only upon the expiration of that time-limit.
Article 282
Obligations under general, regional or bilateral agreements
If the States Parties which are parties to a dispute concerning the
interpretation or application of this Convention have agreed, through a
general, regional or bilateral agreement or otherwise, that such dispute
shall, at the request of any party to the dispute, be submitted to a
procedure that entails a binding decision, that procedure shall apply in
lieu of the procedures provided for in this Part, unless the parties to the
dispute otherwise agree.
Article 283
Obligation to exchange views
1. When a dispute arises between States Parties concerning the
interpretation or application of this Convention, the parties to the
dispute shall proceed expeditiously to an exchange of views regarding its
settlement by negotiation or other peaceful means.
2. The parties shall also proceed expeditiously to an exchange of views
where a procedure for the settlement of such a dispute has been terminated
without a settlement or where a settlement has been reached and the
circumstances require consultation regarding the manner of implementing the
settlement.
Article 284
Conciliation
1. A State Party which is 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. If the invitation is accepted and if the parties agree upon the
conciliation procedure to be applied, any party may submit the dispute to
that procedure.
3. If the invitation is not accepted or the parties do not agree upon the
procedure, the conciliation proceedings shall be deemed to be terminated.
4. Unless the parties otherwise agree, when a dispute has been submitted to
conciliation, the proceedings may be terminated only in accordance with the
agreed conciliation procedure.
Article 285
Application of this section to disputes submitted pursuant
to Part XI
This section applies to any dispute which pursuant to Part XI, section 5,
is to be settled in accordance with procedures provided for in this Part.
If an entity other than a State Party is a party to such a dispute, this
section applies mutatis mutandis.
Article 286
Application of procedures under this section
Subject to section 3, any dispute concerning the interpretation or
application of this Convention shall, where no settlement has been reached
by recourse to section 1, be submitted at the request of any party to the
dispute to the court or tribunal having jurisdiction under this section.
Article 287
Choice of procedure
1. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State shall be free to choose, by means of a written
declaration, one or more of the following means for the settlement of
disputes concerning the interpretation or application of this Convention:
(a) the International Tribunal for the Law of the Sea established in
accordance with Annex VI;
(b) the International Court of Justice;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special arbitral tribunal constituted in accordance with Annex VIII
for one or more of the categories of disputes specified therein.
2. A declaration made under paragraph 1 shall not affect or be affected by
the obligation of a State Party to accept the jurisdiction of the Sea-Bed
Disputes Chamber of the International Tribunal for the Law of the Sea to
the extent and in the manner provided for in Part XI, section 5.
3. A State Party, which is a party to a dispute not covered by a
declaration in force, shall be deemed to have accepted arbitration in
accordance with Annex VII.
4. If the parties to a dispute have accepted the same procedure for the
settlement of the dispute, it may be submitted only to that procedure,
unless the parties otherwise agree.
5. If the parties to a dispute have not accepted the same procedure for the
settlement of the dispute, it may be submitted only to arbitration in
accordance with Annex VII, unless the parties otherwise agree.
6. A declaration made under paragraph 1 shall remain in force until three
months after notice of revocation has been deposited with the Secretary-
General of the United Nations.
7. A new declaration, a notice of revocation or the expiry of a declaration
does not in any way affect proceedings pending before a court or tribunal
having jurisdiction under this article, unless the parties otherwise agree.
8. Declarations and notices referred to in this article shall be deposited
with the Secretary-General of the United Nations, who shall transmit copies
thereof to the States Parties.
Article 288
Jurisdiction
1. A court or tribunal referred to in article 287 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. A court or tribunal referred to in article 287 shall also have
jurisdiction over any dispute concerning the interpretation or application
of an international agreement related to the purposes of this Convention,
which is submitted to it in accordance with the agreement.
3. The Sea-Bed Disputes Chamber of the International Tribunal for the Law
of the Sea established in accordance with Annex VI, and any other chamber
or arbitral tribunal referred to in Part XI, section 5, shall have
jurisdiction in any matter which is submitted to it in accordance
therewith.
4. In the event of a dispute as to whether a court or tribunal has
jurisdiction, the matter shall be settled by decision of that court or
tribunal.
Article 289
Experts
In any dispute involving scientific or technical matters, a court or
tribunal exercising jurisdiction under this section may, at the request of
a party or proprio motu, select in consultation with the parties no fewer
than two scientific or technical experts chosen preferably from the
relevant list prepared in accordance with Annex VIII, article 2, to sit
with the court or tribunal but without the right to vote.
Article 290
Provisional measures
1. If a dispute has been duly submitted to a court or tribunal which
considers that prima facie it has jurisdiction under this Part or Part XI,
section 5, the court or tribunal may prescribe any provisional measures
which it considers appropriate under the circumstances to preserve the
respective rights of the parties to the dispute or to prevent serious harm
to the marine environment, pending the final decision.
2. Provisional measures may be modified or revoked as soon as the
circumstances justifying them have changed or ceased to exist.
3. Provisional measures may be prescribed, modified or revoked under this
article only at the request of a party to the dispute and after the parties
have been given an opportunity to be heard.
4. The court or tribunal shall forthwith give notice to the parties to the
dispute, and to such other States Parties as it considers appropriate, of
the prescription, modification or revocation of provisional measures.
5. Pending the constitution of an arbitral tribunal to which a dispute is
being submitted under this section, any court or tribunal agreed upon by
the parties or, failing such agreement within two weeks from the date of
the request for provisional measures, the International Tribunal for the
Law of the Sea or, with respect to activities in the Area, the Sea-Bed
Disputes Chamber, may prescribe, modify or revoke provisional measures in
accordance with this article if it considers that prima facie the tribunal
which is to be constituted would have jurisdiction and that the urgency of
the situation so requires. Once constituted, the tribunal to which the
dispute has been submitted may modify, revoke or affirm those provisional
measures, acting in conformity with paragraphs 1 to 4.
6. The parties to the dispute shall comply promptly with any provisional
measures prescribed under this article.
Article 291
Access
1. All the dispute settlement procedures specified in this Part shall be
open to States Parties.
2. The dispute settlement procedures specified in this Part shall be open
to entities other than States Parties only as specifically provided for in
this Convention.
Article 292
Prompt release of vessels and crews
1. Where the authorities of a State Party have detained a vessel flying the
flag of another State Party and it is alleged that the detaining State has
not complied with the provisions of this Convention for the prompt release
of the vessel or its crew upon the posting of a reasonable bond or other
financial security, the question of release from detention may be submitted
to any court or tribunal agreed upon by the parties or, failing such
agreement within 10 days from the time of detention, to a court or tribunal
accepted by the detaining State under article 287 or to the International
Tribunal for the Law of the Sea, unless the parties otherwise agree.
2. The application for release may be made only by or on behalf of the flag
State of the vessel.
3. The court or tribunal shall deal without delay with the application for
release and shall deal only with the question of release, without prejudice
to the merits of any case before the appropriate domestic forum against the
vessel, its owner or its crew. The authorities of the detaining State
remain competent to release the vessel or its crew at any time.
4. Upon the posting of the bond or other financial security determined by
the court or tribunal, the authorities of the detaining State shall comply
promptly with the decision of the court or tribunal concerning the release
of the vessel or its crew.
Article 293
Applicable law
1. A court or tribunal having jurisdiction under this section shall apply
this Convention and other rules of international law not incompatible with
this Convention.
2. Paragraph 1 does not prejudice the power of the court or tribunal having
jurisdiction under this section to decide a case ex aequo et bono, if the
parties so agree.
Article 294
Preliminary proceedings
1. A court or tribunal provided for in article 287 to which an application
is made in respect of a dispute referred to in article 297 shall determine
at the request of a party, or may determine proprio motu, whether the claim
constitutes an abuse of legal process or whether prima facie it is well
founded. If the court or tribunal determines that the claim constitutes an
abuse of legal process or is prima facie unfounded, it shall take no
further action in the case.
2. Upon receipt of the application, the court or tribunal shall immediately
notify the other party or parties of the application, and shall fix a
reasonable time-limit within which they may request it to make a
determination in accordance with paragraph 1.
3. Nothing in this article affects the right of any party to a dispute to
make preliminary objections in accordance with the applicable rules of
procedure.
Article 295
Exhaustion of local remedies
Any dispute between States Parties concerning the interpretation or
application of this Convention may be submitted to the procedures provided
for in this section only after local remedies have been exhausted where
this is required by international law.
Article 296
Finality and binding force of decisions
1. Any decision rendered by a court or tribunal having jurisdiction under
this section shall be final and shall be complied with by all the parties
to the dispute.
2. Any such decision shall have no binding force except between the parties
and in respect of that particular dispute.
SECTION 3. LIMITATIONS AND EXCEPTIONS TO
APPLICABILITY OF SECTION 2
Article 297
Limitations on applicability of section 2
1. Disputes concerning the interpretation or application of this Convention
with regard to the exercise by a coastal State of its sovereign rights or
jurisdiction provided for in this Convention shall be subject to the
procedures provided for in section 2 in the following cases:
(a) when it is alleged that a coastal State has acted in contravention of
the provisions of this Convention in regard to the freedoms and
rights of navigation, overflight or the laying of submarine cables
and pipelines, or in regard to other internationally lawful uses of
the sea specified in article 58;
(b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this
Convention or of laws or regulations adopted by the coastal State in
conformity with this Convention and other rules of international law
not incompatible with this Convention; or
(c) when it is alleged that a coastal State has acted in contravention of
specified international rules and standards for the protection and
preservation of the marine environment which are applicable to the
coastal State and which have been established by this Convention or
through a competent international organization or diplomatic
conference in accordance with this Convention.
2. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific
research shall be settled in accordance with section 2, except that
the coastal State shall not be obliged to accept the submission to
such settlement of any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion in
accordance with article 246, or
(ii) a decision by the coastal State to order suspension or cessation
of a research project in accordance with article 253.
(b) A dispute arising from an allegation by the researching State that
with respect to a specific project the coastal State is not
exercising its rights under articles 246 and 253 in a manner
compatible with this Convention shall be submitted, at the request of
either party, to conciliation under Annex V, section 2, provided that
the conciliation commission shall not call in question the exercise
by the coastal State of its discretion to designate specific areas as
referred to in article 246, paragraph 6, or of its discretion to
withhold consent in accordance with article 246, paragraph 5.
3. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to fisheries shall be
settled in accordance with section 2, except that the coastal State
shall not be obliged to accept the submission to such settlement of
any dispute relating to its sovereign rights with respect to the
living resources in the exclusive economic zone or their exercise,
including its discretionary powers for determining the allowable
catch, its harvesting capacity, the allocation of surpluses to other
States and the terms and conditions established in its conservation
and management laws and regulations.
(b) Where no settlement has been reached by recourse to section 1 of this
Part, a dispute shall be submitted to conciliation under Annex V,
section 2, at the request of any party to the dispute, when it is
alleged that:
(i) a coastal State has manifestly failed to comply with its
obligations to ensure through proper conservation and management
measures that the maintenance of the living resources in the
exclusive economic zone is not seriously endangered;
(ii) a coastal State has arbitrarily refused to determine, at the
request of another State, the allowable catch and its capacity to
harvest living resources with respect to stocks which that other
State is interested in fishing, or
(iii) a coastal State has arbitrarily refused to allocate to any
State, under articles 62, 69 and 70 and under the terms and
conditions established by the coastal State consistent with this
Convention, the whole or part of the surplus it has declared to
exist.
(c) In no case shall the conciliation commission substitute its
discretion for that of the coastal State.
(d) The report of the conciliation commission shall be communicated to
the appropriate international organizations.
(e) In negotiating agreements pursuant to articles 69 and 70, States
Parties, unless they otherwise agree, shall include a clause on
measures which they shall take in order to 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. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State may, without prejudice to the obligations arising under
section 1, declare in writing that it does not accept any one or more of
the procedures provided for in section 2 with respect to one or more of the
following categories of disputes:
(a) (i) disputes concerning the interpretation or application of articles
15, 74 and 83 relating to sea boundary 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 matter to conciliation under Annex V, section 2;
and provided further that any dispute that necessarily involves the
concurrent consideration of any unsettled dispute concerning
sovereignty or other rights over continental or insular land
territory shall be excluded from such submission;
(ii) after the conciliation commission has presented its report,
which shall state the reasons on which it is based, the parties shall
negotiate an agreement on the basis of that report; if these
negotiations do not result in an agreement, the parties shall, by
mutual consent, submit the question to one of the procedures provided
for in section 2, unless the parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary dispute
finally settled by an arrangement between the parties, or to any such
dispute which is to be settled in accordance with a bilateral or
multilateral agreement binding upon those parties;
(b) disputes concerning military activities, including military
activities by government vessels and aircraft engaged in
non-commercial service, and disputes concerning law enforcement
activities in regard to the exercise of sovereign rights or
jurisdiction excluded from the jurisdiction of a court or tribunal
under article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the United
Nations is exercising the functions assigned to it by the Charter of
the United Nations, unless the Security Council decides to remove the
matter from its agenda or calls upon the parties to settle it by the
means provided for in this Convention.
2. A State Party which has made a declaration under paragraph 1 may at any
time withdraw it, or agree to submit a dispute excluded by such declaration
to any procedure specified in this Convention.
3. A State Party which has made a declaration under paragraph 1 shall not
be entitled to submit any dispute falling within the excepted category of
disputes to any procedure in this Convention as against another State
Party, without the consent of that party.
4. If one of the States Parties has made a declaration under paragraph 1
(a), any other State Party may submit any dispute falling within an
excepted category against the declarant party to the procedure specified in
such declaration.
5. A new declaration, or the withdrawal of a declaration, does not in any
way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree.
6. Declarations and notices of withdrawal of declarations under this
article shall be deposited with the Secretary-General of the United
Nations, who shall transmit copies thereof to the States Parties.
Article 299
Right of the parties to agree upon a procedure
1. 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.
2. 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. States have the duty to protect objects of an archaeological and
historical nature found at sea and shall co-operate for this purpose.
2. In order to control traffic in such objects, the coastal State may, in
applying article 33, presume that their removal from the sea-bed 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.
3. 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. 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. This Convention shall be open for signature by:
(a) all States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) all self-governing associated States which have chosen that status in
an act of self-determination supervised and approved by the United
Nations in accordance with General Assembly resolution 1514 (XV) and
which have competence over the matters governed by this Convention,
including the competence to enter into treaties in respect of those
matters;
(d) all self-governing associated States which, in accordance with their
respective instruments of association, have competence over the
matters governed by this Convention, including the competence to
enter into treaties in respect of those matters;
(e) all territories which enjoy full internal self-government, recognized
as such by the United Nations, but have not attained full
independence in accordance with General Assembly resolution 1514 (XV)
and which have competence over the matters governed by this
Convention, including the competence to enter into treaties in
respect of those matters;
(f) international organizations, in accordance with Annex IX.
2. 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.
Article 306
Ratification and formal confirmation
This Convention is subject to ratification by States and the other entities
referred to in article 305, paragraph 1 (b), (c), (d) and (e), and to
formal confirmation, in accordance with Annex IX, by the entities referred
to in article 305, paragraph 1 (f). The instruments of ratification and of
formal confirmation shall be deposited with the Secretary-General of the
United Nations.
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 1 (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. This Convention shall enter into force 12 months after the date of
deposit of the sixtieth instrument of ratification or accession.
2. 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. 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. 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. 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.
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. This Convention shall prevail, as between States Parties, over the
Geneva Conventions on the Law of the Sea of 29 April 1958.
2. 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. 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. 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. This article does not affect international agreements expressly
permitted or preserved by other articles of this Convention.
6. 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. 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 specific
amendments to this Convention, other than those relating to activities in
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. 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. 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. 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. 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. 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.
2. 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 oft accession to
and authentic texts of amendments
1. 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. Articles 306, 307 and 320 apply to all amendments to this Convention.
Article 316
Entry into force of amendments
1. 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. 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. 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.
4. 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) be considered as a Party to this Convention as so amended; and
(b) be considered as a Party to the unamended Convention in relation to
any State Party not bound by the amendment.
5. 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. 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. A State Party may, by written notification addressed to the Secretary-
General 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. 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. 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. The Secretary-General of the United Nations shall be the depositary of
this Convention and amendments thereto.
2. In addition to his functions as depositary, the Secretary-General shall:
(a) report to all States Parties, the Authority and competent
international organizations on issues of a general nature that have
arisen with respect to this Convention;
(b) notify the Authority of ratifications and formal confirmations of and
accessions to this Convention and amendments thereto, as well as of
denunciations of this Convention;
(c) notify States Parties of agreements in accordance with article 311,
paragraph 4;
(d) circulate amendments adopted in accordance with this Convention to
States Parties for ratification or accession;
(e) convene necessary meetings of States Parties in accordance with this
Convention.
3. (a) The Secretary-General shall also transmit to the observers
referred to in article 156:
(i) reports referred to in paragraph 2 (a);
(ii) notifications referred to in paragraph 2 (b) and (c); and
(iii) texts of amendments referred to in paragraph 2 (d), for their
information.
(b) The Secretary-General shall also invite those observers to
participate as observers at meetings of States Parties referred to in
paragraph 2(e).
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.
