Section 130p. 130

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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) "resources" means all solid, liquid or gaseous mineral

resources in situ in the Area at or beneath the seabed,

including polymetallic nodules;

(b) resources, when recovered from the Area, are referred

to as "minerals".

Article 134. Scope of this Part

1. This Part applies to the Area.

2.

Activities

in

the

Area

shall

be

governed by the

provisions of this Part.

3. 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 l,

paragraph l(1), are set forth in Part VI.

4. 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. 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. 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. 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.

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 cooperation and mutual understanding.

Article 139. Responsibility to ensure compliance and

liability for damage

1. 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. 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.

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. 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 taking into particular

consideration the interests and needs of developing

States

and

of

peoples

who

have

not

attained

full

independence or other self-governing status recognized

by

the

United

Nations

in

accordance

with

General

Assembly resolution 1514 (XV) and other relevant General

Assembly resolutions.

2. 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).

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. 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. 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. 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

© Compiled by RGL

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