Section 171p. 171

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

The parties to the dispute may by agreement applicable

solely to that dispute modify any provision of this Annex.

SECTION 2. COMPULSORY SUBMISSION TO

CONCILIATION PROCEDURE PURSUANT TO

SECTION 3 OF PART XV

Article 11. Institution of proceedings

1. Any party to a dispute which, in accordance with Part

XV, section 3, may be submitted to conciliation under this

section,

may

institute

the

proceedings

by

written

notification addressed to the other party or parties to the

dispute.

2. Any party to the dispute, notified under paragraph 1,

shall be obliged to submit to such proceedings.

Article 12. Failure to reply or to submit to conciliation

The failure of a party or parties to the dispute to reply to

notification of institution of proceedings or to submit to

such

proceedings

shall not constitute a bar to the

proceedings.

Article 13. Competence

A disagreement as to whether a conciliation commission

acting

under

this

section has competence shall be

decided by the commission.

Article 14. Application of section 1

Articles 2 to 10 of section l of this Annex apply subject to

this section.

ANNEX VI. STATUTE OF THE INTERNATIONAL

TRIBUNAL FOR THE LAW OF THE SEA

Article 1. General provisions

1. The International Tribunal for the Law of the Sea is

constituted and shall function in accordance with the

provisions of this Convention and this Statute.

2. The seat of the Tribunal shall be in the Free and

Hanseatic City of Hamburg in the Federal Republic of

Germany.

3.

The

Tribunal

may

sit

and

exercise

its

functions

elsewhere whenever it considers this desirable.

4. A reference of a dispute to the Tribunal shall be

governed by the provisions of Parts XI and XV.

SECTION 1. ORGANIZATION OF THE TRIBUNAL

Article 2. Composition

1. The Tribunal shall be composed of a body of 21

independent members, elected from among persons

enjoying the highest reputation for fairness and integrity

and of recognized competence in the field of the law of

the sea.

2. In the Tribunal as a whole the representation of the

principal

legal

systems

of

the

world

and

equitable

geographical distribution shall be assured.

Article 3. Membership

1. No two members of the Tribunal may be nationals of

the same State. A person who for the purposes of

membership in the Tribunal could be regarded as a

national of more than one State shall be deemed to be a

national of the one in which he ordinarily exercises civil

and political rights.

2. There shall be no fewer than three members from each

geographical

group

as

established

by

the

General

Assembly of the United Nations.

Article 4. Nominations and elections

1. Each State Party may nominate not more than two

persons having the qualifications prescribed in article 2 of

this Annex. The members of the Tribunal shall be elected

from the list of persons thus nominated.

2. At least three months before the date of the election,

the Secretary-General of the United Nations in the case of

the first election and the Registrar of the Tribunal in the

case of subsequent elections shall address a written

invitation

to

the

States

Parties

to

submit

their

nominations for members of the Tribunal within two

months. He shall prepare a list in alphabetical order of all

the persons thus nominated, with an indication of the

States Parties which have nominated them, and shall

submit it to the States Parties before the seventh day of

the last month before the date of each election.

3. The first election shall be held within six months of the

date of entry into force of this Convention.

4. The members of the Tribunal shall be elected by secret

ballot. Elections shall be held at a meeting of the States

Parties convened by the Secretary-General of the United

Nations

in

the case of the first election and by a

procedure agreed to by the States Parties in the case of

subsequent elections. Two thirds of the States Parties

shall constitute a quorum at that meeting. The persons

elected to the Tribunal shall be those nominees who

obtain the largest number of votes and a two-thirds

majority

of

the

States

Parties

present

and

voting,

provided that such majority includes a majority of the

States Parties.

Article 5. Term of office

1. The members of the Tribunal shall be elected for nine

years and may be re-elected; provided, however, that of

the members elected at the first election, the terms of

seven members shall expire at the end of three years and

the terms of seven more members shall expire at the end

of six years.

2. The members of the Tribunal whose terms are to expire

at the end of the above-mentioned initial periods of three

and six years shall be chosen by lot to be drawn by the

Secretary-General of the United Nations immediately

after the first election.

3.

The

members

of

the

Tribunal

shall

continue

to

discharge their duties until their places have been filled.

Though replaced, they shall finish any proceedings which

they

may

have

begun

before

the

date

of

their

replacement.

4. In the case of the resignation of a member of the

Tribunal, the letter of resignation shall be addressed to

the President of the Tribunal. The place becomes vacant

on the receipt of that letter.

Article 6. Vacancies

1. Vacancies shall be filled by the same method as that

laid down for the first election, subject to the following

provision: the Registrar shall, within one month of the

occurrence

of

the

vacancy,

proceed

to

issue

the

invitations provided for in article 4 of this Annex, and the

date of the election shall be fixed by the President of the

Tribunal after consultation with the States Parties.

2. A member of the Tribunal elected to replace a member

whose term of office has not expired shall hold office for

the remainder of his predecessor's term.

Article 7. Incompatible activities

1. No member of the Tribunal may exercise any political or

administrative function, or associate actively with or be

financially interested in any of the operations of any

enterprise

concerned

with

the

exploration

for

or

exploitation of the resources of the sea or the seabed or

other commercial use of the sea or the seabed.

2. No member of the Tribunal may act as agent, counsel

or advocate in any case.

3. Any doubt on these points shall be resolved by decision

of the majority of the other members of the Tribunal

present.

Article 8. Conditions relating to participation of members

in a particular case

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