Section 113p. 113

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Any vacancy shall be filled in the manner prescribed for

the initial appointment.

3. The Conciliation Commission shall decide its own

procedure. The Commission, with the consent of the

parties to the dispute, may invite any party to the treaty to

submit to it its views orally or in writing. Decisions and

recommendations of the Commission shall be made by a

majority vote of the five members.

4. The Commission may draw the attention of the parties

to the dispute to any measures which might facilitate an

amicable settlement.

5. The Commission shall hear the parties, examine the

claims and objections, and make proposals to the parties

with a view to reaching an amicable settlement of the

dispute.

6. The Commission shall report within twelve months of

its constitution. Its report shall be deposited with the

Secretary-General and transmitted to the parties to the

dispute. The report of the Commission, including any

conclusions

stated

therein

regarding

the

facts

or

questions of law, shall not be binding upon the parties

and

it

shall

have

no

other

character

than that of

recommendations submitted for the consideration of the

parties in order to facilitate an amicable settlement of the

dispute.

7. The Secretary-General shall provide the Commission

with such assistance and facilities as it may require. The

expenses of the Commission shall be borne by the United

Nations.

(Vienna Convention on the Law of Treaties)

United Nations Convention on the Law

of the Sea

PREAMBLE

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,

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. For the purposes of this Convention:

(1) "Area" means the seabed and ocean floor and subsoil

thereof, beyond the limits of national jurisdiction;

(2) "Authority" means the International Seabed Authority;

(3)

"activities

in

the

Area"

means

all

activities

of

exploration for, and exploitation of, the resources of the

Area;

(4) "pollution of the marine environment" means the

introduction by man, directly or indirectly, of substances

or

energy

into

the

marine

environment,

including

estuaries, which results or is likely to result in such

deleterious effects as harm to living resources and marine

life,

hazards

to human health, hindrance to marine

activities, including fishing and other legitimate uses of

the sea, impairment of quality for use of sea water and

reduction of amenities;

(5) (a) "dumping" means:

(i) any deliberate disposal of wastes or other matter from

vessels, aircraft, platforms or other man-made structures

at sea;

(ii) any deliberate disposal of vessels, aircraft, platforms or

other man-made structures at sea;

(b) "dumping" does not include:

(i) the disposal of wastes or other matter incidental to, or

derived from the normal operations of vessels, aircraft,

platforms or other man-made structures at sea and their

equipment,

other

than

wastes

or

other

matter

transported by or to vessels, aircraft, platforms or other

man-made structures at sea, operating for the purpose of

disposal of such matter or derived from the treatment of

such wastes or other matter on such vessels, aircraft,

platforms or structures;

(ii) placement of matter for a purpose other than the

mere disposal thereof, provided that such placement is

not contrary to the aims of this Convention.

2. (1) "States Parties" means States which have consented

to be bound by this Convention and for which this

Convention is in force.

(2) This Convention applies mutatis mutandis to the

entities referred to in article 305, paragraph l(b), (c), (d), (e)

and (f), which become Parties to this Convention in

accordance with the conditions relevant to each, and to

that extent "States Parties" refers to those entities.

© Compiled by RGL

113 of 192