Section 154p. 154

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

2. A court or tribunal referred to in article 287 shall also

have

jurisdiction

over

any

dispute

concerning

the

interpretation

or

application

of

an

international

agreement related to the purposes of this Convention,

which

is

submitted

to

it

in

accordance

with

the

agreement.

3. The Seabed Disputes Chamber of the International

Tribunal for the Law of the Sea established in accordance

with Annex VI, and any other chamber or arbitral tribunal

referred to in Part XI, section 5, shall have jurisdiction in

any

matter

which is submitted to it in accordance

therewith.

4. In the event of a dispute as to whether a court or

tribunal has jurisdiction, the matter shall be settled by

decision of that court or tribunal.

Article 289. Experts

In any dispute involving scientific or technical matters, a

court or tribunal exercising jurisdiction under this section

may, at the request of a party or proprio motu , select in

consultation with the parties no fewer than two scientific

or technical experts chosen preferably from the relevant

list prepared in accordance with Annex VIII, article 2, to sit

with the court or tribunal but without the right to vote.

Article 290. Provisional measures

1. If a dispute has been duly submitted to a court or

tribunal

which

considers

that

prima

facie

it

has

jurisdiction under this Part or Part XI, section 5, the court

or tribunal may prescribe any provisional measures which

it considers appropriate under the circumstances to

preserve the respective rights of the parties to the dispute

or to prevent serious harm to the marine environment,

pending the final decision.

2. Provisional measures may be modified or revoked as

soon as the circumstances justifying them have changed

or ceased to exist.

3. Provisional measures may be prescribed, modified or

revoked under this article only at the request of a party to

the dispute and after the parties have been given an

opportunity to be heard.

4. The court or tribunal shall forthwith give notice to the

parties to the dispute, and to such other States Parties as

it considers appropriate, of the prescription, modification

or revocation of provisional measures.

5. Pending the constitution of an arbitral tribunal to

which a dispute is being submitted under this section,

any court or tribunal agreed upon by the parties or, failing

such agreement within two weeks from the date of the

request

for

provisional

measures,

the

International

Tribunal for the Law of the Sea or, with respect to

activities in the Area, the Seabed Disputes Chamber, may

prescribe,

modify

or

revoke

provisional

measures in

accordance with this article if it considers that prima

facie the tribunal which is to be constituted would have

jurisdiction and that the urgency of the situation so

requires. Once constituted, the tribunal to which the

dispute has been submitted may modify, revoke or affirm

those provisional measures, acting in conformity with

paragraphs 1 to 4.

6. The parties to the dispute shall comply promptly with

any provisional measures prescribed under this article.

Article 291. Access

1. All the dispute settlement procedures specified in this

Part shall be open to States Parties.

2. The dispute settlement procedures specified in this

Part shall be open to entities other than States Parties

only as specifically provided for in this Convention.

Article 292. Prompt release of vessels and crews

1. Where the authorities of a State Party have detained a

vessel flying the flag of another State Party and it is

alleged that the detaining State has not complied with

the provisions of this Convention for the prompt release

of the vessel or its crew upon the posting of a reasonable

bond or other financial security, the question of release

from detention may be submitted to any court or tribunal

agreed upon by the parties or, failing such agreement

within 10 days from the time of detention, to a court or

tribunal accepted by the detaining State under article 287

or to the International Tribunal for the Law of the Sea,

unless the parties otherwise agree.

2. The application for release may be made only by or on

behalf of the flag State of the vessel.

3. The court or tribunal shall deal without delay with the

application for release and shall deal only with the

question of release, without prejudice to the merits of any

case before the appropriate domestic forum against the

vessel, its owner or its crew. The authorities of the

detaining State remain competent to release the vessel or

its crew at any time.

4. Upon the posting of the bond or other financial

security

determined

by

the

court

or

tribunal,

the

authorities of the detaining State shall comply promptly

with the decision of the court or tribunal concerning the

release of the vessel or its crew.

Article 293. Applicable law

1. A court or tribunal having jurisdiction under this section

shall

apply

this

Convention

and

other

rules

of

international law not incompatible with this Convention.

2. Paragraph l does not prejudice the power of the court

or

tribunal having jurisdiction under this section to

decide a case ex aequo et bono , if the parties so agree.

Article 294. Preliminary proceedings

1. A court or tribunal provided for in article 287 to which

an application is made in respect of a dispute referred to

in article 297 shall determine at the request of a party, or

may

determine

proprio

motu ,

whether

the

claim

constitutes an abuse of legal process or whether prima

facie it is well founded. If the court or tribunal determines

that the claim constitutes an abuse of legal process or is

prima facie unfounded, it shall take no further action in

the case.

2. Upon receipt of the application, the court or tribunal

shall immediately notify the other party or parties of the

application, and shall fix a reasonable time-limit within

which they may request it to make a determination in

accordance with paragraph 1.

3. Nothing in this article affects the right of any party to a

dispute to make preliminary objections in accordance

with the applicable rules of procedure.

Article 295. Exhaustion of local remedies

Any

dispute

between

States Parties concerning the

interpretation or application of this Convention may be

submitted to the procedures provided for in this section

only after local remedies have been exhausted where this

is required by international law.

Article 296. Finality and binding force of decisions

1. Any decision rendered by a court or tribunal having

jurisdiction under this section shall be final and shall be

complied with by all the parties to the dispute.

2. Any such decision shall have no binding force except

between the parties and in respect of that particular

dispute.

SECTION 3. LIMITATIONS AND EXCEPTIONS TO

APPLICABILITY OF SECTION 2

Article 297. Limitations on applicability of section 2

1. Disputes concerning the interpretation or application of

this Convention with regard to the exercise by a coastal

State of its sovereign rights or jurisdiction provided for in

this

Convention

shall

be

subject to the procedures

provided for in section 2 in the following cases:

(a) when it is alleged that a coastal State has acted in

contravention of the provisions of this Convention in

regard

to

the

freedoms

and

rights

of

navigation,

© Compiled by RGL

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