Section 136p. 136

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(c) 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) 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) 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.

2. In electing the members of the Council in accordance

with paragraph 1, the Assembly shall ensure that:

(a) land-locked and geographically disadvantaged States

are

represented

to

a

degree

which

is

reasonably

proportionate to their representation in the Assembly;

(b) 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) 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. 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 l shall be two years.

4. Members of the Council shall be eligible for re-election,

but due regard should be paid to the desirability of

rotation of membership.

5. 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.

A

majority of the members of the Council shall

constitute a quorum.

7. Each member of the Council shall have one vote.

8. (a) Decisions on questions of procedure shall be taken

by a majority of the members present and voting.

(b) Decisions on questions of substance arising under the

following

provisions

shall

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) 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 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) 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) 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 proposal 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) 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) 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.

9. 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. 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. In addition, the Council shall:

(a) supervise and coordinate 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) propose to the Assembly a list of candidates for the

election of the Secretary-General;

(c)

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) 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) adopt its rules of procedure including the method of

selecting its president;

(f) 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;

(g) consider the reports of the Enterprise and transmit

them to the Assembly with its recommendations;

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