Section 123p. 123

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

where the coastal States may grant to land-locked 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. 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.

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. 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) the need to avoid effects detrimental to fishing

communities or fishing industries of the coastal State;

(b) 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)

the

extent

to

which

other

geographically

disadvantaged

States

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)

the

nutritional

needs of the populations of the

respective States.

4. 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 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 3 shall also be taken into

account.

5. 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.

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. Rights provided under articles 69 and 70 to exploit

living

resources

shall

not

be

directly

or

indirectly

transferred to third States or their nationals 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. 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. 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. Arrested vessels and their crews shall be promptly

released upon the posting of reasonable bond or other

security.

3. 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. 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.

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. 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. Pending agreement as provided for in paragraph 1, the

States

concerned,

in

a

spirit

of

understanding and

cooperation,

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. 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.

Article 75. Charts and lists of geographical coordinates

1. 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 coordinates of

points,

specifying

the

geodetic

datum,

may

be

© Compiled by RGL

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