Section 153p. 153

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

among

themselves,

the

effective

discharge

of

their

functions and responsibilities under this Part.

PART XV. SETTLEMENT OF DISPUTES

SECTION 1. GENERAL PROVISIONS

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 .

SECTION 2. COMPULSORY PROCEDURES

ENTAILING BINDING DECISIONS

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 Seabed 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.

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