Section 155p. 155

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

overflight or the laying of submarine cables and pipelines,

or in regard to other internationally lawful uses of the sea

specified in article 58;

(b) when it is alleged that a State in exercising the

aforementioned freedoms, rights or uses has acted in

contravention of this Convention or of laws or regulations

adopted by the coastal State in conformity with this

Convention and other rules of international law not

incompatible with this Convention; or

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

contravention

of

specified

international

rules

and

standards for the protection and preservation of the

marine environment which are applicable to the coastal

State

and

which

have

been

established

by

this

Convention

or

through

a

competent

international

organization or diplomatic conference in accordance with

this Convention.

2.

(a)

Disputes

concerning

the

interpretation

or

application of the provisions of this Convention with

regard to marine scientific research shall be settled in

accordance with section 2, except that the coastal State

shall not be obliged to accept the submission to such

settlement of any dispute arising out of:

(i) the exercise by the coastal State of a right or discretion

in accordance with article 246; or

(ii) a decision by the coastal State to order suspension or

cessation of a research project in accordance with article

253.

(b)

A

dispute

arising

from

an

allegation

by

the

researching State that with respect to a specific project

the coastal State is not exercising its rights under articles

246 and 253 in a manner compatible with this Convention

shall be submitted, at the request of either party, to

conciliation under Annex V, section 2, provided that the

conciliation commission shall not call in question the

exercise by the coastal State of its discretion to designate

specific areas as referred to in article 246, paragraph 6, or

of its discretion to withhold consent in accordance with

article 246, paragraph 5.

3.

(a)

Disputes

concerning

the

interpretation

or

application of the provisions of this Convention with

regard to fisheries shall be settled in accordance with

section 2, except that the coastal State shall not be

obliged to accept the submission to such settlement of

any dispute relating to its sovereign rights with respect to

the living resources in the exclusive economic zone or

their

exercise,

including

its

discretionary powers for

determining the allowable catch, its harvesting capacity,

the allocation of surpluses to other States and the terms

and

conditions

established

in

its

conservation

and

management laws and regulations.

(b) Where no settlement has been reached by recourse to

section 1 of this Part, a dispute shall be submitted to

conciliation under Annex V, section 2, at the request of

any party to the dispute, when it is alleged that:

(i) a coastal State has manifestly failed to comply with its

obligations to ensure through proper conservation and

management measures that the maintenance of the

living resources in the exclusive economic zone is not

seriously endangered;

(ii) a coastal State has arbitrarily refused to determine, at

the request of another State, the allowable catch and its

capacity to harvest living resources with respect to stocks

which that other State is interested in fishing; or

(iii) a coastal State has arbitrarily refused to allocate to any

State, under articles 62, 69 and 70 and under the terms

and

conditions

established

by

the

coastal

State

consistent with this Convention, the whole or part of the

surplus it has declared to exist.

(c) In no case shall the conciliation commission substitute

its discretion for that of the coastal State.

(d) The report of the conciliation commission shall be

communicated

to

the

appropriate

international

organizations.

(e) In negotiating agreements pursuant to articles 69 and

70, States Parties, unless they otherwise agree, shall

include a clause on measures which they shall take in

order to minimize the possibility of a disagreement

concerning

the

interpretation

or

application

of

the

agreement,

and

on

how

they

should

proceed

if

a

disagreement nevertheless arises.

Article 298. Optional exceptions to applicability of section

2

1. When signing, ratifying or acceding to this Convention

or at any time thereafter, a State may, without prejudice

to the obligations arising under section 1, declare in

writing that it does not accept any one or more of the

procedures provided for in section 2 with respect to one

or more of the following categories of disputes:

(a)

(i)

disputes

concerning

the

interpretation

or

application of articles 15, 74 and 83 relating to sea

boundary delimitations, or those involving historic bays or

titles,

provided

that

a

State

having

made

such

a

declaration shall, when such a dispute arises subsequent

to the entry into force of this Convention and where no

agreement within a reasonable period of time is reached

in negotiations between the parties, at the request of any

party to the dispute, accept submission of the matter to

conciliation under Annex V, section 2; and provided

further that any dispute that necessarily involves the

concurrent

consideration

of

any

unsettled

dispute

concerning sovereignty or other rights over continental or

insular

land

territory

shall

be

excluded

from

such

submission;

(ii) after the conciliation commission has presented its

report, which shall state the reasons on which it is based,

the parties shall negotiate an agreement on the basis of

that report; if these negotiations do not result in an

agreement, the parties shall, by mutual consent, submit

the question to one of the procedures provided for in

section 2, unless the parties otherwise agree;

(iii) this subparagraph does not apply to any sea boundary

dispute finally settled by an arrangement between the

parties, or to any such dispute which is to be settled in

accordance with a bilateral or multilateral agreement

binding upon those parties;

(b)

disputes

concerning

military

activities,

including

military activities by government vessels and aircraft

engaged

in

non-commercial

service,

and

disputes

concerning law enforcement activities in regard to the

exercise of sovereign rights or jurisdiction excluded from

the jurisdiction of a court or tribunal under article 297,

paragraph 2 or 3;

(c) disputes in respect of which the Security Council of the

United Nations is exercising the functions assigned to it

by the Charter of the United Nations, unless the Security

Council decides to remove the matter from its agenda or

calls upon the parties to settle it by the means provided

for in this Convention.

2. A State Party which has made a declaration under

paragraph 1 may at any time withdraw it, or agree to

submit a dispute excluded by such declaration to any

procedure specified in this Convention.

3. A State Party which has made a declaration under

paragraph 1 shall not be entitled to submit any dispute

falling within the excepted category of disputes to any

procedure in this Convention as against another State

Party, without the consent of that party.

4. If one of the States Parties has made a declaration

under paragraph 1(a), any other State Party may submit

any dispute falling within an excepted category against

the declarant party to the procedure specified in such

declaration.

5. A new declaration, or the withdrawal of a declaration,

does not in any way affect proceedings pending before a

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