Browse by concept derived · unofficial · model · unreviewed
Neutral legal concepts and the provisions across the corpus that address each. Tags are a model pass awaiting human review; they describe what a provision is about and take no doctrinal position.
scope_and_definitions (26)
Use of terms, objective, scope of application and exceptions.
- BBNJ Agreement (Français): Article 4; Article 70
- BBNJ Agreement: preamble/chapeau; Article 1; Article 2; Article 3; Article 4; Article 5; Article 6; Article 10
- 1994 Part XI Agreement: Article 8 States Parties
- PrepCom Report (3rd session, 2026): Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,
- 1995 Fish Stocks Agreement: Article 1 Use of terms and scope; Article 42 Reservations and exceptions No reservations or exceptions may be made to this Agreement.
- UNCLOS: Article 1 Use of terms and scope 1. For the purposes of this Convention:; Article 32 Immunities of warships and other government ships operated for non-commercial purposes With such exceptions as are contained in subsection A and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.; Article 46 Use of terms For the purposes of this Convention:; Article 124 Use of terms 1. For the purposes of this Convention:; Article 133 Use of terms For the purposes of this Part:; 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.; 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;; Article 309 Reservations and exceptions No reservations or exceptions may be made to this Convention unless expressly permitted by other articles of this Convention.; Article 1 Use of terms For the purposes of article 305 and of this Annex, "international organization" means an intergovernmental organization constituted by States to which its member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters.
general_principles_and_approaches (70)
The principles and approaches stated to guide the Agreement (e.g. precaution, ecosystem approach, equity, best available science), described without endorsement.
- BBNJ Agreement: preamble/chapeau; Article 7; Article 8; Article 63
- 1994 Part XI Agreement: preamble/chapeau; Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility; Annex X Key points on reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction The Preparatory Commission held an exchange of views on reporting requirements during its second session, on the basis of a note by the Secretariat on this issue (A/AC.296/2025/17). The following key points emerged from this exchange of views. The Conference of the Parties could consider the following approaches: • Striking a balance between ensuring transparency, accountability and confidentiality in reporting, while not being onerous for Parties in terms of cost and time requirements; • Developing reporting requirements that are streamlined and standardized, avoiding duplication between reporting procedures under the Agreement and those under other instruments; • Developing reporting requirements gradually as the implementation of the Agreement advances; • Developing reporting templates and user guides with input from relevant subsidiary bodies. In addition, the Conference of the Parties could consider the following elements when operationalizing reporting requirements: • The possibility of aligning the interval of reporting for Parties, subsidiary bodies and the secretariat with the meeting cycles of the Conference of the Parties and its subsidiary bodies, as appropriate; • The use of user-friendly, multilingual and electronic submission modalities, while maintaining the possibility of offline submission of reports; • The possibility of developing a reporting format covering all reporting requirements for Parties in a single report, which could include segments on specific parts of the Agreement and optional reporting segments; • The possibility of developing simplified reporting formats or allowing Parties to submit joint or collective reports; • The possibility for developing countries to indicate in their reports data deficiencies or capacity gaps; • The provision of capacity-building, technical assistance and funding support to assist States, in particular developing countries, in complying with reporting requirements; • The role of the subsidiary bodies, the secretariat and the Clearing-House Mechanism in reporting procedures, including in the submission, follow-up and publication of reports of Parties.
- 1995 Fish Stocks Agreement: Article 3 Application; Article 5 General principles In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention:; Article 6 Application of the precautionary approach; Article 44 Relation to other agreements; Article 1 General principles; Article 2 Principles of data collection, compilation and exchange The following general principles should be considered in defining the parameters for collection, compilation and exchange of data from fishing operations for straddling fish stocks and highly migratory fish stocks:; ANNEX II GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE POINTS IN CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS
- UNCLOS: preamble/chapeau; Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:; Article 23 Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements.; Article 39 Duties of ships and aircraft during transit passage 1. Ships and aircraft, while exercising the right of transit passage, shall:; Article 69 Right of land-locked States 1. Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62. 2. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:; Article 70 Right of geographically disadvantaged States 1. Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62. 2. For the purposes of this Part, "geographically disadvantaged States" means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own. 3. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:; Article 74 Delimitation of the exclusive economic zone between States with opposite or adjacent coasts 1. The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.; Article 76 Definition of the continental shelf 1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6. 3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. 4.; Article 82 Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles 1. The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. The payments and contributions shall be made annually with respect to all production at a site after the first five years of production at that site. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation. 3. A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource. 4. The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them.; Article 83 Delimitation of the continental shelf between States with opposite or adjacent coasts 1. The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement.; Article 87 Freedom of the high seas 1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:; Article 113 Breaking or injury of a submarine cable or pipeline Every State shall adopt the laws and regulations necessary to provide that the breaking or injury by a ship flying its flag or by a person subject to its jurisdiction of a submarine cable beneath the high seas done wilfully or through culpable negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or telephonic communications, and similarly the breaking or injury of a submarine pipeline or high-voltage power cable, shall be a punishable offence. This provision shall apply also to conduct calculated or likely to result in such breaking or injury. However, it shall not apply to any break or injury caused by persons who acted merely with the legitimate object of saving their lives or their ships, after having taken all necessary precautions to avoid such break or injury.; Article 115 Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline Every State shall adopt the laws and regulations necessary to ensure that the owners of ships who can prove that they have sacrificed an anchor, a net or any other fishing gear, in order to avoid injuring a submarine cable or pipeline, shall be indemnified by the owner of the cable or pipeline, provided that the owner of the ship has taken all reasonable precautionary measures beforehand.; Article 125 Right of access to and from the sea and freedom of transit 1. Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in this Convention including those relating to the freedom of the high seas and the common heritage of mankind. To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport. 2. The terms and modalities for exercising freedom of transit shall be agreed between the land-locked States and transit States concerned through bilateral, subregional or regional agreements. 3. Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures necessary to ensure that the rights and facilities provided for in this Part for land-locked States shall in no way infringe their legitimate interests.; Article 135 Legal status of the superjacent waters and air space Neither this Part nor any rights granted or exercised pursuant thereto shall affect the legal status of the waters superjacent to the Area or that of the air space above those waters.; Article 136 Common heritage of mankind The Area and its resources are the common heritage of mankind.; Article 138 General conduct of States in relation to the Area The general conduct of States in relation to the Area shall be in accordance with the provisions of this Part, the principles embodied in the Charter of the United Nations and other rules of international law in the interests of maintaining peace and security and promoting international cooperation and mutual understanding.; Article 140 Benefit of mankind 1. Activities in the Area shall, as specifically provided for in this Part, be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, whether coastal or land-locked, and taking into particular consideration the interests and needs of developing States and of peoples who have not attained full independence or other self-governing status recognized by the United Nations in accordance with General Assembly resolution 1514 (XV) and other relevant General Assembly resolutions. 2. The Authority shall provide for the equitable sharing of financial and other economic benefits derived from activities in the Area through any appropriate mechanism, on a non-discriminatory basis, in accordance with article 160, paragraph 2(f)(i).; Article 150 Policies relating to activities in the Area Activities in the Area shall, as specifically provided for in this Part, be carried out in such a manner as to foster healthy development of the world economy and balanced growth of international trade, and to promote international cooperation for the over-all development of all countries, especially developing States, and with a view to ensuring:; Article 151 Production policies 1.; Article 155 The Review Conference 1. Fifteen years from 1 January of the year in which the earliest commercial production commences under an approved plan of work, the Assembly shall convene a conference for the review of those provisions of this Part and the relevant Annexes which govern the system of exploration and exploitation of the resources of the Area. The Review Conference shall consider in detail, in the light of the experience acquired during that period:; Article 157 Nature and fundamental principles of the Authority 1. The Authority is the organization through which States Parties shall, in accordance with this Part, organize and control activities in the Area, particularly with a view to administering the resources of the Area. 2. The powers and functions of the Authority shall be those expressly conferred upon it by this Convention. The Authority shall have such incidental powers, consistent with this Convention, as are implicit in and necessary for the exercise of those powers and functions with respect to activities in the Area. 3. The Authority is based on the principle of the sovereign equality of all its members. 4. All members of the Authority shall fulfil in good faith the obligations assumed by them in accordance with this Part in order to ensure to all of them the rights and benefits resulting from membership.; Article 160 Powers and functions 1. The Assembly, as the sole organ of the Authority consisting of all the members, shall be considered the supreme organ of the Authority to which the other principal organs shall be accountable as specifically provided for in this Convention. The Assembly shall have the power to establish general policies in conformity with the relevant provisions of this Convention on any question or matter within the competence of the Authority. 2. In addition, the powers and functions of the Assembly shall be:; Article 161 Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:; 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:; Article 163 Organs of the Council 1. There are hereby established the following organs of the Council:; Article 194 Measures to prevent, reduce and control pollution of the marine environment 1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection. 2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. 3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:; Article 237 Obligations under other conventions on the protection and preservation of the marine environment 1. The provisions of this Part are without prejudice to the specific obligations assumed by States under special conventions and agreements concluded previously which relate to the protection and preservation of the marine environment and to agreements which may be concluded in furtherance of the general principles set forth in this Convention. 2. Specific obligations assumed by States under special conventions, with respect to the protection and preservation of the marine environment, should be carried out in a manner consistent with the general principles and objectives of this Convention.; Article 240 General principles for the conduct of marine scientific research In the conduct of marine scientific research the following principles shall apply:; Article 242 Promotion of international cooperation 1. States and competent international organizations shall, in accordance with the principle of respect for sovereignty and jurisdiction and on the basis of mutual benefit, promote international cooperation in marine scientific research for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States under this Convention, a State, in the application of this Part, shall provide, as appropriate, other States with a reasonable opportunity to obtain from it, or with its cooperation, information necessary to prevent and control damage to the health and safety of persons and to the marine environment.; Article 266 Promotion of the development and transfer of marine technology 1. States, directly or through competent international organizations, shall cooperate in accordance with their capabilities to promote actively the development and transfer of marine science and marine technology on fair and reasonable terms and conditions. 2. States shall promote the development of the marine scientific and technological capacity of States which may need and request technical assistance in this field, particularly developing States, including land-locked and geographically disadvantaged States, with regard to the exploration, exploitation, conservation and management of marine resources, the protection and preservation of the marine environment, marine scientific research and other activities in the marine environment compatible with this Convention, with a view to accelerating the social and economic development of the developing States. 3. States shall endeavour to foster favourable economic and legal conditions for the transfer of marine technology for the benefit of all parties concerned on an equitable basis.; Article 269 Measures to achieve the basic objectives In order to achieve the objectives referred to in article 268, States, directly or through competent international organizations, shall endeavour, inter alia, to:; Article 274 Objectives of the Authority Subject to all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology, the Authority, with regard to activities in the Area, shall ensure that:; Article 301 Peaceful uses of the seas In exercising their rights and performing their duties under this Convention, States Parties shall refrain from any threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations.; Article 311 Relation to other conventions and international agreements 1. This Convention shall prevail, as between States Parties, over the Geneva Conventions on the Law of the Sea of 29 April 1958. 2. This Convention shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 3. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Convention, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Convention, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 4. States Parties intending to conclude an agreement referred to in paragraph 3 shall notify the other States Parties through the depositary of this Convention of their intention to conclude the agreement and of the modification or suspension for which it provides. 5. This article does not affect international agreements expressly permitted or preserved by other articles of this Convention. 6. States Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof.; Article 2 1. The Commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by States Parties to this Convention from among their nationals, having due regard to the need to ensure equitable geographical representation, who shall serve in their personal capacities. 2. The initial election shall be held as soon as possible but in any case within 18 months after the date of entry into force of this Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties, inviting the submission of nominations, after appropriate regional consultations, within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated and shall submit it to all the States Parties. 3. Elections of the members of the Commission shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Commission shall be those nominees who obtain a two-thirds majority of the votes of the representatives of States Parties present and voting. Not less than three members shall be elected from each geographical region. 4. The members of the Commission shall be elected for a term of five years. They shall be eligible for re-election. 5. The State Party which submitted the nomination of a member of the Commission shall defray the expenses of that member while in performance of Commission duties. The coastal State concerned shall defray the expenses incurred in respect of the advice referred to in article 3, paragraph 1(b), of this Annex. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations.; Article 6 Approval of plans of work 1. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work. 2. When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether:; Article 13 Financial terms of contracts 1. In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives:; Article 19 Revision of contract 1. When circumstances have arisen or are likely to arise which, in the opinion of either party, would render the contract inequitable or make it impracticable or impossible to achieve the objectives set out in the contract or in Part XI, the parties shall enter into negotiations to revise it accordingly. 2. Any contract entered into in accordance with article 153, paragraph 3, may be revised only with the consent of the parties.; Article 1 Purposes 1. The Enterprise is the organ of the Authority which shall carry out activities in the Area directly, pursuant to article 153, paragraph 2 (a), as well as the transporting, processing and marketing of minerals recovered from the Area. 2. In carrying out its purposes and in the exercise of its functions, the Enterprise shall act in accordance with this Convention and the rules, regulations and procedures of the Authority. 3. In developing the resources of the Area pursuant to paragraph 1, the Enterprise shall, subject to this Convention, operate in accordance with sound commercial principles.; Article 5 Governing Board 1. The Governing Board shall be composed of 15 members elected by the Assembly in accordance with article 160, paragraph 2(c). In the election of the members of the Board, due regard shall be paid to the principle of equitable geographical distribution. In submitting nominations of candidates for election to the Board, members of the Authority shall bear in mind the need to nominate candidates of the highest standard of competence, with qualifications in relevant fields, so as to ensure the viability and success of the Enterprise. 2. Members of the Board shall be elected for four years and may be re-elected; and due regard shall be paid to the principle of rotation of membership. 3. Members of the Board shall continue in office until their successors are elected. If the office of a member of the Board becomes vacant, the Assembly shall, in accordance with article 160, paragraph 2(c), elect a new member for the remainder of his predecessor's term. 4. Members of the Board shall act in their personal capacity. In the performance of their duties they shall not seek or receive instructions from any government or from any other source. Each member of the Authority shall respect the independent character of the members of the Board and shall refrain from all attempts to influence any of them in the discharge of their duties. 5. Each member of the Board shall receive remuneration to be paid out of the funds of the Enterprise. The amount of remuneration shall be fixed by the Assembly, upon the recommendation of the Council. 6. The Board shall normally function at the principal office of the Enterprise and shall meet as often as the business of the Enterprise may require. 7. Two thirds of the members of the Board shall constitute a quorum. 8. Each member of the Board shall have one vote. All matters before the Board shall be decided by a majority of its members. If a member has a conflict of interest on a matter before the Board he shall refrain from voting on that matter. 9. Any member of the Authority may ask the Board for information in respect of its operations which particularly affect that member. The Board shall endeavour to provide such information.; Article 7 Director-General and staff of the Enterprise 1. The Assembly shall, upon the recommendation of the Council and the nomination of the Governing Board, elect the Director-General of the Enterprise who shall not be a member of the Board. The Director-General shall hold office for a fixed term, not exceeding five years, and may be re-elected for further terms. 2. The Director-General shall be the legal representative and chief executive of the Enterprise and shall be directly responsible to the Board for the conduct of the operations of the Enterprise. He shall be responsible for the organization, management, appointment and dismissal of the staff of the Enterprise in accordance with the rules and regulations referred to in article 6, subparagraph (l), of this Annex. He shall participate, without the right to vote, in the meetings of the Board and may participate, without the right to vote, in the meetings of the Assembly and the Council when these organs are dealing with matters concerning the Enterprise. 3. The paramount consideration in the recruitment and employment of the staff and in the determination of their conditions of service shall be the necessity of securing the highest standards of efficiency and of technical competence. Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on an equitable geographical basis. 4. In the performance of their duties the Director-General and the staff shall not seek or receive instructions from any government or from any other source external to the Enterprise. They shall refrain from any action which might reflect on their position as international officials of the Enterprise responsible only to the Enterprise. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Director-General and the staff and not to seek to influence them in the discharge of their responsibilities. 5. The responsibilities set forth in article 168, paragraph 2, are equally applicable to the staff of the Enterprise.; Article 12 Operations 1. The Enterprise shall propose to the Council projects for carrying out activities in accordance with article 170. Such proposals shall include a formal written plan of work for activities in the Area in accordance with article 153, paragraph 3, and all such other information and data as may be required from time to time for its appraisal by the Legal and Technical Commission and approval by the Council. 2. Upon approval by the Council, the Enterprise shall execute the project on the basis of the formal written plan of work referred to in paragraph 1. 3.; Article 13 Legal status, privileges and immunities 1. To enable the Enterprise to exercise its functions, the status, privileges and immunities set forth in this article shall be accorded to the Enterprise in the territories of States Parties. To give effect to this principle the Enterprise and States Parties may, where necessary, enter into special agreements. 2. The Enterprise shall have such legal capacity as is necessary for the exercise of its functions and the fulfilment of its purposes and, in particular, the capacity:; 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 35 Composition 1. The Seabed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them. 2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution. 3. The members of the Chamber shall be selected every three years and may be selected for a second term. 4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected. 5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition. 6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor's term. 7. A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:; ANNEX VI RESOLUTION ON DEVELOPMENT OF NATIONAL MARINE SCIENCE, TECHNOLOGY AND OCEAN SERVICE INFRASTRUCTURES The Third United Nations Conference on the Law of the Sea, Recognizing that the Convention on the Law of the Sea is intended to establish a new regime for the seas and oceans which will contribute to the realization of a just and equitable international economic order through making provision for the peaceful use of ocean space, the equitable and efficient management and utilization of its resources, and the study, protection and preservation of the marine environment, Bearing in mind that the new regime must take into account, in particular, the special needs and interests of the developing countries, whether coastal, land-locked, or geographically disadvantaged, Aware of the rapid advances being made in the field of marine science and technology, and the need for the developing countries, whether coastal, land-locked, or geographically disadvantaged, to share in these achievements if the aforementioned goals are to be met, Convinced that, unless urgent measures are taken, the marine scientific and technological gap between the developed and the developing countries will widen further and thus endanger the very foundations of the new regime, Believing that optimum utilization of the new opportunities for social and economic development offered by the new regime will be facilitated through action at the national and international level aimed at strengthening national capabilities in marine science, technology and ocean services, particularly in the developing countries, with a view to ensuring the rapid absorption and efficient application of technology and scientific knowledge available to them, Considering that national and regional marine scientific and technological centres would be the principal institutions through which States and, in particular, the developing countries, foster and conduct marine scientific research, and receive and disseminate marine technology, Recognizing the special role of the competent international organizations envisaged by the Convention on the Law of the Sea, especially in relation to the establishment and development of national and regional marine scientific and technological centres, Noting that present efforts undertaken within the United Nations system in training, education and assistance in the field of marine science and technology and ocean services are far below current requirements and would be particularly inadequate to meet the demands generated through operation of the Convention on the Law of the Sea, Welcoming recent initiatives within international organizations to promote and coordinate their major international assistance programmes aimed at strengthening marine science infrastructures in developing countries, 1. Calls upon all Member States to determine appropriate priorities in their development plans for the strengthening of their marine science, technology and ocean services; 2. Calls upon the developing countries to establish programmes for the promotion of technical cooperation among themselves in the field of marine science, technology and ocean service development; 3. Urges the industrialized countries to assist the developing countries in the preparation and implementation of their marine science, technology and ocean service development programmes; 4. Recommends that the World Bank, the regional banks, the United Nations Development Programme, the United Nations Financing System for Science and Technology and other multilateral funding agencies augment and coordinate their operations for the provision of funds to developing countries for the preparation and implementation of major programmes of assistance in strengthening their marine science, technology and ocean services; 5. Recommends that all competent international organizations within the United Nations system expand programmes within their respective fields of competence for assistance to developing countries in the field of marine science, technology and ocean services and coordinate their efforts on a system-wide basis in the implementation of such programmes, paying particular attention to the special needs of the developing countries, whether coastal, land-locked or geographically disadvantaged; 6. Requests the Secretary-General of the United Nations to transmit this resolution to the General Assembly at its thirty-seventh session.
marine_genetic_resources (7)
Access to and utilization of marine genetic resources and digital sequence information of areas beyond national jurisdiction.
- BBNJ Agreement: Article 9; Article 10; Article 11; Article 12; Article 13; Article 16
- PrepCom Report (3rd session, 2026): Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction
benefit_sharing (13)
Fair and equitable sharing of monetary and non-monetary benefits from marine genetic resources.
- BBNJ Agreement: Article 9; Article 14; Article 15; Article 16
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex XI List of documents Organizational meeting A/AC.296/2024/1 Agenda A/AC.296/2024/2 Provisional organization of work A/AC.296/2024/3 Matters to be addressed at the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2024/4 Statement by the Co-Chair of the Preparatory Commission at the closing of the organizational meeting A/AC.296/2024/INF/1 Information for participants: Note by the Secretariat A/AC.296/2024/INF/2/ Rev.1 Final list of participants First session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/3 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/4 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, including the selection process for their members: Note by the Secretariat A/AC.296/2025/5 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2025/6 Issues pertaining to the operation of the Clearing- House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/7 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/8 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/9 Statement by the Co-Chairs of the Preparatory Commission at the closing of the first session A/AC.296/2025/INF/1 Information for participants: Note by the Secretariat Second session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/12 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/13 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/14 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/15 Draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs A/AC.296/2025/16 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Note by the Secretariat A/AC.296/2025/17 Reporting requirements pursuant to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/18 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/19 Statement by the Co-Chairs of the Preparatory Commission at the closing of the second session A/AC.296/2025/INF/2 Information for participants: Note by the Secretariat A/AC.296/2025/INF/3 Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement: Note by the Co-Chairs A/AC.296/2025/INF/4 Matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models: Note by the Secretariat A/AC.296/2025/CRP.1 Refreshed text of a draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2025/CRP.2 Revised draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/CRP.3 Refreshed text of draft rules of procedure for the Conference of the Parties A/AC.296/2025/CRP.4 Refreshed text of draft financial rules governing the funding of the Conference of the Parties Third session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/1/Rev.1 Revised agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2026/1 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/2 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/3 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2026/4 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs A/AC.296/2026/5 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism A/AC.296/2026/6 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalizing the special fund A/AC.296/2026/7 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/8 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2026/INF/1 Information for participants: Note by the Secretariat A/AC.296/2026/CRP.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.1/ Rev.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.2 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1/Corr.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.3 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1/Corr.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.4 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1/Corr.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.5 Draft report of the Preparatory Commission A/AC.296/2026/CRP.6 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.6/ Rev.1 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.7 Reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Key points from the exchange of views held during the second session of the Preparatory Commission A/AC.296/2028/CRP.8 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations A/AC.296/2028/CRP.9 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement A/AC.296/2028/CRP.10 Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2028/CRP.11 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement
- 1995 Fish Stocks Agreement: Article 26 Special assistance in the implementation of this Agreement
- UNCLOS: Article 155 The Review Conference 1. Fifteen years from 1 January of the year in which the earliest commercial production commences under an approved plan of work, the Assembly shall convene a conference for the review of those provisions of this Part and the relevant Annexes which govern the system of exploration and exploitation of the resources of the Area. The Review Conference shall consider in detail, in the light of the experience acquired during that period:; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:
area_based_management_tools (14)
Area-based management tools, including marine protected areas: proposals, establishment, criteria and decision-making.
- BBNJ Agreement: Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; ANNEX I
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction
environmental_impact_assessment (14)
Screening, assessment, monitoring and review of the environmental impacts of activities, including cumulative and strategic assessment.
- BBNJ Agreement: Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39
- PrepCom Report (3rd session, 2026): Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction
capacity_building_and_technology_transfer (38)
Capacity-building and the transfer of marine technology, in particular to developing States Parties.
- BBNJ Agreement: Article 40; Article 41; Article 42; Article 43; Article 44; Article 45; Article 46; ANNEX II
- GA Res. 79/271: Paragraph 7; Paragraph 8
- GA Res. 78/272 (establishes the Preparatory Commission): Paragraph 16
- GA Res. 80/107: Paragraph 10; Paragraph 11
- 1994 Part XI Agreement: Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility; Annex X Key points on reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction The Preparatory Commission held an exchange of views on reporting requirements during its second session, on the basis of a note by the Secretariat on this issue (A/AC.296/2025/17). The following key points emerged from this exchange of views. The Conference of the Parties could consider the following approaches: • Striking a balance between ensuring transparency, accountability and confidentiality in reporting, while not being onerous for Parties in terms of cost and time requirements; • Developing reporting requirements that are streamlined and standardized, avoiding duplication between reporting procedures under the Agreement and those under other instruments; • Developing reporting requirements gradually as the implementation of the Agreement advances; • Developing reporting templates and user guides with input from relevant subsidiary bodies. In addition, the Conference of the Parties could consider the following elements when operationalizing reporting requirements: • The possibility of aligning the interval of reporting for Parties, subsidiary bodies and the secretariat with the meeting cycles of the Conference of the Parties and its subsidiary bodies, as appropriate; • The use of user-friendly, multilingual and electronic submission modalities, while maintaining the possibility of offline submission of reports; • The possibility of developing a reporting format covering all reporting requirements for Parties in a single report, which could include segments on specific parts of the Agreement and optional reporting segments; • The possibility of developing simplified reporting formats or allowing Parties to submit joint or collective reports; • The possibility for developing countries to indicate in their reports data deficiencies or capacity gaps; • The provision of capacity-building, technical assistance and funding support to assist States, in particular developing countries, in complying with reporting requirements; • The role of the subsidiary bodies, the secretariat and the Clearing-House Mechanism in reporting procedures, including in the submission, follow-up and publication of reports of Parties.
- 1995 Fish Stocks Agreement: Article 25 Forms of cooperation with developing States; Article 1 General principles
- UNCLOS: Article 161 Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:; Article 201 Scientific criteria for regulations In the light of the information and data acquired pursuant to article 200, States shall cooperate, directly or through competent international organizations, in establishing appropriate scientific criteria for the formulation and elaboration of rules, standards and recommended practices and procedures for the prevention, reduction and control of pollution of the marine environment.; Article 202 Scientific and technical assistance to developing States States shall, directly or through competent international organizations:; Article 203 Preferential treatment for developing States Developing States shall, for the purposes of prevention, reduction and control of pollution of the marine environment or minimization of its effects, be granted preference by international organizations in:; Article 265 Interim measures Pending settlement of a dispute in accordance with Part XV, sections 2 and 3, the State or competent international organization authorized to conduct a marine scientific research project shall not allow research activities to commence or continue without the express consent of the coastal State concerned.; Article 266 Promotion of the development and transfer of marine technology 1. States, directly or through competent international organizations, shall cooperate in accordance with their capabilities to promote actively the development and transfer of marine science and marine technology on fair and reasonable terms and conditions. 2. States shall promote the development of the marine scientific and technological capacity of States which may need and request technical assistance in this field, particularly developing States, including land-locked and geographically disadvantaged States, with regard to the exploration, exploitation, conservation and management of marine resources, the protection and preservation of the marine environment, marine scientific research and other activities in the marine environment compatible with this Convention, with a view to accelerating the social and economic development of the developing States. 3. States shall endeavour to foster favourable economic and legal conditions for the transfer of marine technology for the benefit of all parties concerned on an equitable basis.; Article 268 Basic objectives States, directly or through competent international organizations, shall promote:; Article 269 Measures to achieve the basic objectives In order to achieve the objectives referred to in article 268, States, directly or through competent international organizations, shall endeavour, inter alia, to:; Article 270 Ways and means of international cooperation International cooperation for the development and transfer of marine technology shall be carried out, where feasible and appropriate, through existing bilateral, regional or multilateral programmes, and also through expanded and new programmes in order to facilitate marine scientific research, the transfer of marine technology, particularly in new fields, and appropriate international funding for ocean research and development.; Article 271 Guidelines, criteria and standards States, directly or through competent international organizations, shall promote the establishment of generally accepted guidelines, criteria and standards for the transfer of marine technology on a bilateral basis or within the framework of international organizations and other fora, taking into account, in particular, the interests and needs of developing States.; Article 272 Coordination of international programmes In the field of transfer of marine technology, States shall endeavour to ensure that competent international organizations coordinate their activities, including any regional or global programmes, taking into account the interests and needs of developing States, particularly land-locked and geographically disadvantaged States.; Article 274 Objectives of the Authority Subject to all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology, the Authority, with regard to activities in the Area, shall ensure that:; Article 276 Establishment of regional centres 1. States, in coordination with the competent international organizations, the Authority and national marine scientific and technological research institutions, shall promote the establishment of regional marine scientific and technological research centres, particularly in developing States, in order to stimulate and advance the conduct of marine scientific research by developing States and foster the transfer of marine technology. 2. All States of a region shall cooperate with the regional centres therein to ensure the more effective achievement of their objectives.; Article 277 Functions of regional centres The functions of such regional centres shall include, inter alia:
institutional_arrangements (56)
Bodies of the Agreement: Conference of the Parties, Scientific and Technical Body, secretariat and subsidiary bodies.
- GA Dec. 78/560 (A/78/L.102): (whole text)
- BBNJ Agreement: Article 15; Article 20; Article 23; Article 34; Article 38; Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Article 55; Article 64
- GA Res. 79/271: preamble/chapeau; Paragraph 1; Paragraph 7
- GA Res. 78/272 (establishes the Preparatory Commission): preamble/chapeau; Paragraph 3; Paragraph 12; Paragraph 13
- GA Res. 80/107: preamble/chapeau; Paragraph 1; Paragraph 6; Paragraph 8; Paragraph 10
- GA Res. 77/321: preamble/chapeau; Paragraph 2; Paragraph 3
- 1994 Part XI Agreement: Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex III Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations The Conference of the Parties, Recalling that, pursuant to article 50, paragraph 1, of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the Conference of the Parties, at its first meeting, shall make arrangements for the functioning of the secretariat established thereunder, Reaffirming that, pursuant to article 48, paragraph 1, of the Agreement, the Conference of the Parties shall promote transparency in decision-making processes and other activities carried out under the Agreement, Recognizing the functions, powers and role of the Conference of the Parties in matters relating to the implementation of the objectives of the Agreement, Acknowledging the value of engagement between the Conference of the Parties and the Secretary-General of the United Nations and committing to transparency in the interaction between the Conference of the Parties and the Secretary-General, Having considered the conclusions of the Preparatory Commission established by General Assembly resolution 78/272 of 24 April 2024, to prepare for the entry into force of the Agreement and the convening of the first meeting of the Conference of the Parties to the Agreement on this matter, contained in the report of the Preparatory Commission [document to be issued], Option I; Annex IV Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement The Conference of the Parties, Recalling that, pursuant to article 50, paragraph 1, of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the Conference of the Parties, at its first meeting, shall make arrangements for the functioning of the secretariat established thereunder, including deciding on its seat, Having considered the conclusions of the Preparatory Commission established by General Assembly resolution 78/272 of 24 April 2024, to prepare for the entry into force of the Agreement and the convening of the first meeting of the Conference of the Parties to the Agreement on this matter, contained in the report of the Preparatory Commission [document to be issued],; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility; Annex X Key points on reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction The Preparatory Commission held an exchange of views on reporting requirements during its second session, on the basis of a note by the Secretariat on this issue (A/AC.296/2025/17). The following key points emerged from this exchange of views. The Conference of the Parties could consider the following approaches: • Striking a balance between ensuring transparency, accountability and confidentiality in reporting, while not being onerous for Parties in terms of cost and time requirements; • Developing reporting requirements that are streamlined and standardized, avoiding duplication between reporting procedures under the Agreement and those under other instruments; • Developing reporting requirements gradually as the implementation of the Agreement advances; • Developing reporting templates and user guides with input from relevant subsidiary bodies. In addition, the Conference of the Parties could consider the following elements when operationalizing reporting requirements: • The possibility of aligning the interval of reporting for Parties, subsidiary bodies and the secretariat with the meeting cycles of the Conference of the Parties and its subsidiary bodies, as appropriate; • The use of user-friendly, multilingual and electronic submission modalities, while maintaining the possibility of offline submission of reports; • The possibility of developing a reporting format covering all reporting requirements for Parties in a single report, which could include segments on specific parts of the Agreement and optional reporting segments; • The possibility of developing simplified reporting formats or allowing Parties to submit joint or collective reports; • The possibility for developing countries to indicate in their reports data deficiencies or capacity gaps; • The provision of capacity-building, technical assistance and funding support to assist States, in particular developing countries, in complying with reporting requirements; • The role of the subsidiary bodies, the secretariat and the Clearing-House Mechanism in reporting procedures, including in the submission, follow-up and publication of reports of Parties.; Annex XI List of documents Organizational meeting A/AC.296/2024/1 Agenda A/AC.296/2024/2 Provisional organization of work A/AC.296/2024/3 Matters to be addressed at the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2024/4 Statement by the Co-Chair of the Preparatory Commission at the closing of the organizational meeting A/AC.296/2024/INF/1 Information for participants: Note by the Secretariat A/AC.296/2024/INF/2/ Rev.1 Final list of participants First session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/3 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/4 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, including the selection process for their members: Note by the Secretariat A/AC.296/2025/5 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2025/6 Issues pertaining to the operation of the Clearing- House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/7 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/8 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/9 Statement by the Co-Chairs of the Preparatory Commission at the closing of the first session A/AC.296/2025/INF/1 Information for participants: Note by the Secretariat Second session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/12 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/13 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/14 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/15 Draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs A/AC.296/2025/16 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Note by the Secretariat A/AC.296/2025/17 Reporting requirements pursuant to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/18 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/19 Statement by the Co-Chairs of the Preparatory Commission at the closing of the second session A/AC.296/2025/INF/2 Information for participants: Note by the Secretariat A/AC.296/2025/INF/3 Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement: Note by the Co-Chairs A/AC.296/2025/INF/4 Matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models: Note by the Secretariat A/AC.296/2025/CRP.1 Refreshed text of a draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2025/CRP.2 Revised draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/CRP.3 Refreshed text of draft rules of procedure for the Conference of the Parties A/AC.296/2025/CRP.4 Refreshed text of draft financial rules governing the funding of the Conference of the Parties Third session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/1/Rev.1 Revised agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2026/1 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/2 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/3 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2026/4 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs A/AC.296/2026/5 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism A/AC.296/2026/6 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalizing the special fund A/AC.296/2026/7 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/8 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2026/INF/1 Information for participants: Note by the Secretariat A/AC.296/2026/CRP.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.1/ Rev.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.2 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1/Corr.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.3 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1/Corr.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.4 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1/Corr.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.5 Draft report of the Preparatory Commission A/AC.296/2026/CRP.6 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.6/ Rev.1 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.7 Reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Key points from the exchange of views held during the second session of the Preparatory Commission A/AC.296/2028/CRP.8 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations A/AC.296/2028/CRP.9 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement A/AC.296/2028/CRP.10 Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2028/CRP.11 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement
- UNCLOS: Article 158 Organs of the Authority 1. There are hereby established, as the principal organs of the Authority, an Assembly, a Council and a Secretariat. 2. There is hereby established the Enterprise, the organ through which the Authority shall carry out the functions referred to in article 170, paragraph 1. 3. Such subsidiary organs as may be found necessary may be established in accordance with this Part. 4. Each principal organ of the Authority and the Enterprise shall be responsible for exercising those powers and functions which are conferred upon it. In exercising such powers and functions each organ shall avoid taking any action which may derogate from or impede the exercise of specific powers and functions conferred upon another organ.; Article 159 Composition, procedure and voting 1. The Assembly shall consist of all the members of the Authority. Each member shall have one representative in the Assembly, who may be accompanied by alternates and advisers. 2. The Assembly shall meet in regular annual sessions and in such special sessions as may be decided by the Assembly, or convened by the Secretary-General at the request of the Council or of a majority of the members of the Authority. 3. Sessions shall take place at the seat of the Authority unless otherwise decided by the Assembly. 4. The Assembly shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next regular session. 5. A majority of the members of the Assembly shall constitute a quorum. 6. Each member of the Assembly shall have one vote. 7. Decisions on questions of procedure, including decisions to convene special sessions of the Assembly, shall be taken by a majority of the members present and voting. 8. Decisions on questions of substance shall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members participating in the session. When the issue arises as to whether a question is one of substance or not, that question shall be treated as one of substance unless otherwise decided by the Assembly by the majority required for decisions on questions of substance. 9. When a question of substance comes up for voting for the first time, the President may, and shall, if requested by at least one fifth of the members of the Assembly, defer the issue of taking a vote on that question for a period not exceeding five calendar days. This rule may be applied only once to any question, and shall not be applied so as to defer the question beyond the end of the session.; 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:; Article 165 The Legal and Technical Commission 1. Members of the Legal and Technical Commission shall have appropriate qualifications such as those relevant to exploration for and exploitation and processing of mineral resources, oceanology, protection of the marine environment, or economic or legal matters relating to ocean mining and related fields of expertise. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. 2. The Commission shall:; Article 166 The Secretariat 1. The Secretariat of the Authority shall comprise a Secretary-General and such staff as the Authority may require. 2. The Secretary-General shall be elected for four years by the Assembly from among the candidates proposed by the Council and may be re-elected. 3. The Secretary-General shall be the chief administrative officer of the Authority, and shall act in that capacity in all meetings of the Assembly, of the Council and of any subsidiary organ, and shall perform such other administrative functions as are entrusted to the Secretary-General by these organs. 4. The Secretary-General shall make an annual report to the Assembly on the work of the Authority.; Article 168 International character of the Secretariat 1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other source external to the Authority. They shall refrain from any action which might reflect on their position as international officials responsible only to the Authority. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities. Any violation of responsibilities by a staff member shall be submitted to the appropriate administrative tribunal as provided in the rules, regulations and procedures of the Authority. 2. The Secretary-General and the staff shall have no financial interest in any activity relating to exploration and exploitation in the Area. Subject to their responsibilities to the Authority, they shall not disclose, even after the termination of their functions, any industrial secret, proprietary data which are transferred to the Authority in accordance with Annex III, article 14, or any other confidential information coming to their knowledge by reason of their employment with the Authority. 3. Violations of the obligations of a staff member of the Authority set forth in paragraph 2 shall, on the request of a State Party affected by such violation, or a natural or juridical person, sponsored by a State Party as provided in article 153, paragraph 2(b), and affected by such violation, be submitted by the Authority against the staff member concerned to a tribunal designated by the rules, regulations and procedures of the Authority. The Party affected shall have the right to take part in the proceedings. If the tribunal so recommends, the Secretary-General shall dismiss the staff member concerned. 4. The rules, regulations and procedures of the Authority shall contain such provisions as are necessary to implement this article.; Article 169 Consultation and cooperation with international and non-governmental organizations 1. The Secretary-General shall, on matters within the competence of the Authority, make suitable arrangements, with the approval of the Council, for consultation and cooperation with international and non-governmental organizations recognized by the Economic and Social Council of the United Nations. 2. Any organization with which the Secretary-General has entered into an arrangement under paragraph 1 may designate representatives to attend meetings of the organs of the Authority as observers in accordance with the rules of procedure of these organs. Procedures shall be established for obtaining the views of such organizations in appropriate cases. 3. The Secretary-General may distribute to States Parties written reports submitted by the non-governmental organizations referred to in paragraph l on subjects in which they have special competence and which are related to the work of the Authority.; 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 2 1. The Commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by States Parties to this Convention from among their nationals, having due regard to the need to ensure equitable geographical representation, who shall serve in their personal capacities. 2. The initial election shall be held as soon as possible but in any case within 18 months after the date of entry into force of this Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties, inviting the submission of nominations, after appropriate regional consultations, within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated and shall submit it to all the States Parties. 3. Elections of the members of the Commission shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Commission shall be those nominees who obtain a two-thirds majority of the votes of the representatives of States Parties present and voting. Not less than three members shall be elected from each geographical region. 4. The members of the Commission shall be elected for a term of five years. They shall be eligible for re-election. 5. The State Party which submitted the nomination of a member of the Commission shall defray the expenses of that member while in performance of Commission duties. The coastal State concerned shall defray the expenses incurred in respect of the advice referred to in article 3, paragraph 1(b), of this Annex. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations.; Article 6 Powers and functions of the Governing Board The Governing Board shall direct the operations of the Enterprise. Subject to this Convention, the Governing Board shall exercise the powers necessary to fulfil the purposes of the Enterprise, including powers:; Article 16 Rules of the Tribunal The Tribunal shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure.; Article 2 Lists of experts 1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping. 2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has delegated this function. 3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list. 4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary. 5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:; Article 73, 1. Declares that:
clearing_house_mechanism (9)
The clearing-house mechanism and information-sharing infrastructure of the Agreement.
- BBNJ Agreement: Article 12; Article 32; Article 51
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex X Key points on reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction The Preparatory Commission held an exchange of views on reporting requirements during its second session, on the basis of a note by the Secretariat on this issue (A/AC.296/2025/17). The following key points emerged from this exchange of views. The Conference of the Parties could consider the following approaches: • Striking a balance between ensuring transparency, accountability and confidentiality in reporting, while not being onerous for Parties in terms of cost and time requirements; • Developing reporting requirements that are streamlined and standardized, avoiding duplication between reporting procedures under the Agreement and those under other instruments; • Developing reporting requirements gradually as the implementation of the Agreement advances; • Developing reporting templates and user guides with input from relevant subsidiary bodies. In addition, the Conference of the Parties could consider the following elements when operationalizing reporting requirements: • The possibility of aligning the interval of reporting for Parties, subsidiary bodies and the secretariat with the meeting cycles of the Conference of the Parties and its subsidiary bodies, as appropriate; • The use of user-friendly, multilingual and electronic submission modalities, while maintaining the possibility of offline submission of reports; • The possibility of developing a reporting format covering all reporting requirements for Parties in a single report, which could include segments on specific parts of the Agreement and optional reporting segments; • The possibility of developing simplified reporting formats or allowing Parties to submit joint or collective reports; • The possibility for developing countries to indicate in their reports data deficiencies or capacity gaps; • The provision of capacity-building, technical assistance and funding support to assist States, in particular developing countries, in complying with reporting requirements; • The role of the subsidiary bodies, the secretariat and the Clearing-House Mechanism in reporting procedures, including in the submission, follow-up and publication of reports of Parties.; Annex XI List of documents Organizational meeting A/AC.296/2024/1 Agenda A/AC.296/2024/2 Provisional organization of work A/AC.296/2024/3 Matters to be addressed at the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2024/4 Statement by the Co-Chair of the Preparatory Commission at the closing of the organizational meeting A/AC.296/2024/INF/1 Information for participants: Note by the Secretariat A/AC.296/2024/INF/2/ Rev.1 Final list of participants First session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/3 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/4 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, including the selection process for their members: Note by the Secretariat A/AC.296/2025/5 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2025/6 Issues pertaining to the operation of the Clearing- House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/7 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/8 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/9 Statement by the Co-Chairs of the Preparatory Commission at the closing of the first session A/AC.296/2025/INF/1 Information for participants: Note by the Secretariat Second session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/12 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/13 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/14 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/15 Draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs A/AC.296/2025/16 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Note by the Secretariat A/AC.296/2025/17 Reporting requirements pursuant to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/18 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/19 Statement by the Co-Chairs of the Preparatory Commission at the closing of the second session A/AC.296/2025/INF/2 Information for participants: Note by the Secretariat A/AC.296/2025/INF/3 Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement: Note by the Co-Chairs A/AC.296/2025/INF/4 Matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models: Note by the Secretariat A/AC.296/2025/CRP.1 Refreshed text of a draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2025/CRP.2 Revised draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/CRP.3 Refreshed text of draft rules of procedure for the Conference of the Parties A/AC.296/2025/CRP.4 Refreshed text of draft financial rules governing the funding of the Conference of the Parties Third session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/1/Rev.1 Revised agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2026/1 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/2 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/3 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2026/4 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs A/AC.296/2026/5 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism A/AC.296/2026/6 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalizing the special fund A/AC.296/2026/7 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/8 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2026/INF/1 Information for participants: Note by the Secretariat A/AC.296/2026/CRP.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.1/ Rev.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.2 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1/Corr.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.3 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1/Corr.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.4 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1/Corr.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.5 Draft report of the Preparatory Commission A/AC.296/2026/CRP.6 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.6/ Rev.1 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.7 Reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Key points from the exchange of views held during the second session of the Preparatory Commission A/AC.296/2028/CRP.8 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations A/AC.296/2028/CRP.9 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement A/AC.296/2028/CRP.10 Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2028/CRP.11 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement
- UNCLOS: Article 1 Use of terms and scope 1. For the purposes of this Convention:
financial_resources_and_mechanism (45)
Financial resources, the financial mechanism, funds, contributions and budget.
- GA Dec. 78/560 (A/78/L.102): (whole text)
- BBNJ Agreement (Français): Article 9; Article 12; Article 14; Article 19; Article 21; Article 22; Article 45; Article 47; Article 52
- BBNJ Agreement: Article 52
- GA Res. 79/271: Paragraph 6; Paragraph 7
- GA Res. 78/272 (establishes the Preparatory Commission): Paragraph 14; Paragraph 15
- GA Res. 80/107: Paragraph 8; Paragraph 9; Paragraph 10
- GA Res. 77/321: Paragraph 3
- 1994 Part XI Agreement: preamble/chapeau; Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility; Annex XI List of documents Organizational meeting A/AC.296/2024/1 Agenda A/AC.296/2024/2 Provisional organization of work A/AC.296/2024/3 Matters to be addressed at the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2024/4 Statement by the Co-Chair of the Preparatory Commission at the closing of the organizational meeting A/AC.296/2024/INF/1 Information for participants: Note by the Secretariat A/AC.296/2024/INF/2/ Rev.1 Final list of participants First session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/3 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/4 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, including the selection process for their members: Note by the Secretariat A/AC.296/2025/5 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2025/6 Issues pertaining to the operation of the Clearing- House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/7 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/8 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/9 Statement by the Co-Chairs of the Preparatory Commission at the closing of the first session A/AC.296/2025/INF/1 Information for participants: Note by the Secretariat Second session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/12 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/13 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/14 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/15 Draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs A/AC.296/2025/16 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Note by the Secretariat A/AC.296/2025/17 Reporting requirements pursuant to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/18 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/19 Statement by the Co-Chairs of the Preparatory Commission at the closing of the second session A/AC.296/2025/INF/2 Information for participants: Note by the Secretariat A/AC.296/2025/INF/3 Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement: Note by the Co-Chairs A/AC.296/2025/INF/4 Matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models: Note by the Secretariat A/AC.296/2025/CRP.1 Refreshed text of a draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2025/CRP.2 Revised draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/CRP.3 Refreshed text of draft rules of procedure for the Conference of the Parties A/AC.296/2025/CRP.4 Refreshed text of draft financial rules governing the funding of the Conference of the Parties Third session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/1/Rev.1 Revised agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2026/1 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/2 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/3 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2026/4 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs A/AC.296/2026/5 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism A/AC.296/2026/6 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalizing the special fund A/AC.296/2026/7 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/8 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2026/INF/1 Information for participants: Note by the Secretariat A/AC.296/2026/CRP.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.1/ Rev.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.2 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1/Corr.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.3 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1/Corr.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.4 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1/Corr.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.5 Draft report of the Preparatory Commission A/AC.296/2026/CRP.6 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.6/ Rev.1 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.7 Reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Key points from the exchange of views held during the second session of the Preparatory Commission A/AC.296/2028/CRP.8 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations A/AC.296/2028/CRP.9 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement A/AC.296/2028/CRP.10 Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2028/CRP.11 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement
- 1995 Fish Stocks Agreement: Article 11 New members or participants In determining the nature and extent of participatory rights for new members of a subregional or regional fisheries management organization, or for new participants in a subregional or regional fisheries management arrangement, States shall take into account, inter alia:; Article 26 Special assistance in the implementation of this Agreement
- UNCLOS: preamble/chapeau; Article 82 Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles 1. The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. The payments and contributions shall be made annually with respect to all production at a site after the first five years of production at that site. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation. 3. A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource. 4. The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them.; Article 160 Powers and functions 1. The Assembly, as the sole organ of the Authority consisting of all the members, shall be considered the supreme organ of the Authority to which the other principal organs shall be accountable as specifically provided for in this Convention. The Assembly shall have the power to establish general policies in conformity with the relevant provisions of this Convention on any question or matter within the competence of the Authority. 2. In addition, the powers and functions of the Assembly shall be:; 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:; Article 171 Funds of the Authority The funds of the Authority shall include:; Article 172 Annual budget of the Authority The Secretary-General shall draft the proposed annual budget of the Authority and submit it to the Council. The Council shall consider the proposed annual budget and submit it to the Assembly, together with any recommendations thereon. The Assembly shall consider and approve the proposed annual budget in accordance with article 160, paragraph 2(h).; Article 173 Expenses of the Authority 1. The contributions referred to in article 171, subparagraph (a), shall be paid into a special account to meet the administrative expenses of the Authority until the Authority has sufficient funds from other sources to meet those expenses. 2. The administrative expenses of the Authority shall be a first call upon the funds of the Authority. Except for the assessed contributions referred to in article 171, subparagraph (a), the funds which remain after payment of administrative expenses may, inter alia:; Article 184 Suspension of the exercise of voting rights A State Party which is in arrears in the payment of its financial contributions to the Authority shall have no vote if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member.; Article 6 Approval of plans of work 1. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work. 2. When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether:; Article 13 Financial terms of contracts 1. In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives:; Article 6 Powers and functions of the Governing Board The Governing Board shall direct the operations of the Enterprise. Subject to this Convention, the Governing Board shall exercise the powers necessary to fulfil the purposes of the Enterprise, including powers:; Article 11 Finances 1. The funds of the Enterprise shall include:; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:
implementation_and_compliance (39)
National implementation measures, monitoring of implementation, and the Implementation and Compliance Committee.
- BBNJ Agreement: Article 25; Article 26; Article 35; Article 45; Article 53; Article 54; Article 55
- 1994 Part XI Agreement: Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility
- 1995 Fish Stocks Agreement: Article 16 Areas of high seas surrounded entirely by an area under the national jurisdiction of a single State; Article 18 Duties of the flag State; Article 19 Compliance and enforcement by the flag State; Article 20 International cooperation in enforcement; Article 21 Subregional and regional cooperation in enforcement; Article 22 Basic procedures for boarding and inspection pursuant to article 21; Article 25 Forms of cooperation with developing States
- UNCLOS: Article 30 Non-compliance by warships with the laws and regulations of the coastal State If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.; Article 31 Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law.; Article 73 Enforcement of laws and regulations of the coastal State 1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. 3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.; Article 139 Responsibility to ensure compliance and liability for damage 1. States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with this Part. The same responsibility applies to international organizations for activities in the Area carried out by such organizations. 2. Without prejudice to the rules of international law and Annex III, article 22, damage caused by the failure of a State Party or international organization to carry out its responsibilities under this Part shall entail liability; States Parties or international organizations acting together shall bear joint and several liability. A State Party shall not however be liable for damage caused by any failure to comply with this Part by a person whom it has sponsored under article 153, paragraph 2(b), if the State Party has taken all necessary and appropriate measures to secure effective compliance under article 153, paragraph 4, and Annex III, article 4, paragraph 4. 3. States Parties that are members of international organizations shall take appropriate measures to ensure the implementation of this article with respect to such organizations.; Article 153 System of exploration and exploitation 1. Activities in the Area shall be organized, carried out and controlled by the Authority on behalf of mankind as a whole in accordance with this article as well as other relevant provisions of this Part and the relevant Annexes, and the rules, regulations and procedures of the Authority. 2. Activities in the Area shall be carried out as prescribed in paragraph 3:; Article 161 Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:; 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:; Article 217 Enforcement by flag States 1. States shall ensure compliance by vessels flying their flag or of their registry with applicable international rules and standards, established through the competent international organization or general diplomatic conference, and with their laws and regulations adopted in accordance with this Convention for the prevention, reduction and control of pollution of the marine environment from vessels and shall accordingly adopt laws and regulations and take other measures necessary for their implementation. Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations, irrespective of where a violation occurs. 2. States shall, in particular, take appropriate measures in order to ensure that vessels flying their flag or of their registry are prohibited from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards referred to in paragraph 1, including requirements in respect of design, construction, equipment and manning of vessels. 3. States shall ensure that vessels flying their flag or of their registry carry on board certificates required by and issued pursuant to international rules and standards referred to in paragraph 1. States shall ensure that vessels flying their flag are periodically inspected in order to verify that such certificates are in conformity with the actual condition of the vessels. These certificates shall be accepted by other States as evidence of the condition of the vessels and shall be regarded as having the same force as certificates issued by them, unless there are clear grounds for believing that the condition of the vessel does not correspond substantially with the particulars of the certificates. 4. If a vessel commits a violation of rules and standards established through the competent international organization or general diplomatic conference, the flag State, without prejudice to articles 218, 220 and 228, shall provide for immediate investigation and where appropriate institute proceedings in respect of the alleged violation irrespective of where the violation occurred or where the pollution caused by such violation has occurred or has been spotted. 5. Flag States conducting an investigation of the violation may request the assistance of any other State whose cooperation could be useful in clarifying the circumstances of the case. States shall endeavour to meet appropriate requests of flag States. 6. States shall, at the written request of any State, investigate any violation alleged to have been committed by vessels flying their flag. If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, flag States shall without delay institute such proceedings in accordance with their laws. 7. Flag States shall promptly inform the requesting State and the competent international organization of the action taken and its outcome. Such information shall be available to all States. 8. Penalties provided for by the laws and regulations of States for vessels flying their flag shall be adequate in severity to discourage violations wherever they occur.; Article 220 Enforcement by coastal States 1. When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may, subject to section 7, institute proceedings in respect of any violation of its laws and regulations adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels when the violation has occurred within the territorial sea or the exclusive economic zone of that State. 2. Where there are clear grounds for believing that a vessel navigating in the territorial sea of a State has, during its passage therein, violated laws and regulations of that State adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels, that State, without prejudice to the application of the relevant provisions of Part II, section 3, may undertake physical inspection of the vessel relating to the violation and may, where the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws, subject to the provisions of section 7. 3. Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation of applicable international rules and standards for the prevention, reduction and control of pollution from vessels or laws and regulations of that State conforming and giving effect to such rules and standards, that State may require the vessel to give information regarding its identity and port of registry, its last and its next port of call and other relevant information required to establish whether a violation has occurred. 4. States shall adopt laws and regulations and take other measures so that vessels flying their flag comply with requests for information pursuant to paragraph 3. 5. Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a substantial discharge causing or threatening significant pollution of the marine environment, that State may undertake physical inspection of the vessel for matters relating to the violation if the vessel has refused to give information or if the information supplied by the vessel is manifestly at variance with the evident factual situation and if the circumstances of the case justify such inspection. 6. Where there is clear objective evidence that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a discharge causing major damage or threat of major damage to the coastline or related interests of the coastal State, or to any resources of its territorial sea or exclusive economic zone, that State may, subject to section 7, provided that the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws. 7. Notwithstanding the provisions of paragraph 6, whenever appropriate procedures have been established, either through the competent international organization or as otherwise agreed, whereby compliance with requirements for bonding or other appropriate financial security has been assured, the coastal State if bound by such procedures shall allow the vessel to proceed. 8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in respect of national laws and regulations adopted pursuant to article 211, paragraph 6.; Article 240 General principles for the conduct of marine scientific research In the conduct of marine scientific research the following principles shall apply:; Article 253 Suspension or cessation of marine scientific research activities 1. A coastal State shall have the right to require the suspension of any marine scientific research activities in progress within its exclusive economic zone or on its continental shelf if:; Article 2 Prospecting 1.; Article 4 Qualifications of applicants 1. Applicants, other than the Enterprise, shall be qualified if they have the nationality or control and sponsorship required by article 153, paragraph 2(b), and if they follow the procedures and meet the qualification standards set forth in the rules, regulations and procedures of the Authority. 2. Except as provided in paragraph 6, such qualification standards shall relate to the financial and technical capabilities of the applicant and his performance under any previous contracts with the Authority. 3. Each applicant shall be sponsored by the State Party of which it is a national unless the applicant has more than one nationality, as in the case of a partnership or consortium of entities from several States, in which event all States Parties involved shall sponsor the application, or unless the applicant is effectively controlled by another State Party or its nationals, in which event both States Parties shall sponsor the application. The criteria and procedures for implementation of the sponsorship requirements shall be set forth in the rules, regulations and procedures of the Authority. 4. The sponsoring State or States shall, pursuant to article 139, have the responsibility to ensure, within their legal systems, that a contractor so sponsored shall carry out activities in the Area in conformity with the terms of its contract and its obligations under this Convention. A sponsoring State shall not, however, be liable for damage caused by any failure of a contractor sponsored by it to comply with its obligations if that State Party has adopted laws and regulations and taken administrative measures which are, within the framework of its legal system, reasonably appropriate for securing compliance by persons under its jurisdiction. 5. The procedures for assessing the qualifications of States Parties which are applicants shall take into account their character as States. 6. The qualification standards shall require that every applicant, without exception, shall as part of his application undertake:; Article 6 Approval of plans of work 1. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work. 2. When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether:; Article 13 Financial terms of contracts 1. In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives:; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:; Article 73, 1. Declares that:
dispute_settlement (145)
Prevention and settlement of disputes, including the relationship to Part XV of the Convention.
- BBNJ Agreement (Français): Article 47; Article 57; Article 60
- BBNJ Agreement: Article 56; Article 57; Article 58; Article 59; Article 60; Article 61
- 1994 Part XI Agreement: preamble/chapeau; Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction
- BBNJ Agreement (Español): Artículo 47; Artículo 60
- 1995 Fish Stocks Agreement: Article 7 Compatibility of conservation and management measures; Article 10 Functions of subregional and regional fisheries management organizations and arrangements In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall:; Article 26 Special assistance in the implementation of this Agreement; Article 27 Obligation to settle disputes by peaceful means States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. /... English Page 27; Article 28 Prevention of disputes States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures within subregional and regional fisheries management organizations and arrangements and shall strengthen existing decision-making procedures as necessary.; Article 29 Disputes of a technical nature Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes.; Article 30 Procedures for the settlement of disputes; Article 31 Provisional measures; Article 32 Limitations on applicability of procedures for the settlement of disputes
- UNCLOS: Article 74 Delimitation of the exclusive economic zone between States with opposite or adjacent coasts 1. The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.; Article 83 Delimitation of the continental shelf between States with opposite or adjacent coasts 1. The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 4. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement.; Article 151 Production policies 1.; Article 159 Composition, procedure and voting 1. The Assembly shall consist of all the members of the Authority. Each member shall have one representative in the Assembly, who may be accompanied by alternates and advisers. 2. The Assembly shall meet in regular annual sessions and in such special sessions as may be decided by the Assembly, or convened by the Secretary-General at the request of the Council or of a majority of the members of the Authority. 3. Sessions shall take place at the seat of the Authority unless otherwise decided by the Assembly. 4. The Assembly shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next regular session. 5. A majority of the members of the Assembly shall constitute a quorum. 6. Each member of the Assembly shall have one vote. 7. Decisions on questions of procedure, including decisions to convene special sessions of the Assembly, shall be taken by a majority of the members present and voting. 8. Decisions on questions of substance shall be taken by a two-thirds majority of the members present and voting, provided that such majority includes a majority of the members participating in the session. When the issue arises as to whether a question is one of substance or not, that question shall be treated as one of substance unless otherwise decided by the Assembly by the majority required for decisions on questions of substance. 9. When a question of substance comes up for voting for the first time, the President may, and shall, if requested by at least one fifth of the members of the Assembly, defer the issue of taking a vote on that question for a period not exceeding five calendar days. This rule may be applied only once to any question, and shall not be applied so as to defer the question beyond the end of the session.; Article 161 Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:; 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:; Article 165 The Legal and Technical Commission 1. Members of the Legal and Technical Commission shall have appropriate qualifications such as those relevant to exploration for and exploitation and processing of mineral resources, oceanology, protection of the marine environment, or economic or legal matters relating to ocean mining and related fields of expertise. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. 2. The Commission shall:; Article 168 International character of the Secretariat 1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other source external to the Authority. They shall refrain from any action which might reflect on their position as international officials responsible only to the Authority. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities. Any violation of responsibilities by a staff member shall be submitted to the appropriate administrative tribunal as provided in the rules, regulations and procedures of the Authority. 2. The Secretary-General and the staff shall have no financial interest in any activity relating to exploration and exploitation in the Area. Subject to their responsibilities to the Authority, they shall not disclose, even after the termination of their functions, any industrial secret, proprietary data which are transferred to the Authority in accordance with Annex III, article 14, or any other confidential information coming to their knowledge by reason of their employment with the Authority. 3. Violations of the obligations of a staff member of the Authority set forth in paragraph 2 shall, on the request of a State Party affected by such violation, or a natural or juridical person, sponsored by a State Party as provided in article 153, paragraph 2(b), and affected by such violation, be submitted by the Authority against the staff member concerned to a tribunal designated by the rules, regulations and procedures of the Authority. The Party affected shall have the right to take part in the proceedings. If the tribunal so recommends, the Secretary-General shall dismiss the staff member concerned. 4. The rules, regulations and procedures of the Authority shall contain such provisions as are necessary to implement this article.; Article 185 Suspension of exercise of rights and privileges of membership 1. A State Party which has grossly and persistently violated the provisions of this Part may be suspended from the exercise of the rights and privileges of membership by the Assembly upon the recommendation of the Council. 2. No action may be taken under paragraph 1 until the Seabed Disputes Chamber has found that a State Party has grossly and persistently violated the provisions of this Part.; Article 186 Seabed Disputes Chamber of the International Tribunal for the Law of the Sea The establishment of the Seabed Disputes Chamber and the manner in which it shall exercise its jurisdiction shall be governed by the provisions of this section, of Part XV and of Annex VI.; Article 187 Jurisdiction of the Seabed Disputes Chamber The Seabed Disputes Chamber shall have jurisdiction under this Part and the Annexes relating thereto in disputes with respect to activities in the Area falling within the following categories:; Article 188 Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration 1. Disputes between States Parties referred to in article 187, subparagraph (a), may be submitted:; Article 189 Limitation on jurisdiction with regard to decisions of the Authority The Seabed Disputes Chamber shall have no jurisdiction with regard to the exercise by the Authority of its discretionary powers in accordance with this Part; in no case shall it substitute its discretion for that of the Authority. Without prejudice to article 191, in exercising its jurisdiction pursuant to article 187, the Seabed Disputes Chamber shall not pronounce itself on the question of whether any rules, regulations and procedures of the Authority are in conformity with this Convention, nor declare invalid any such rules, regulations and procedures. Its jurisdiction in this regard shall be confined to deciding claims that the application of any rules, regulations and procedures of the Authority in individual cases would be in conflict with the contractual obligations of the parties to the dispute or their obligations under this Convention, claims concerning excess of jurisdiction or misuse of power, and to claims for damages to be paid or other remedy to be given to the party concerned for the failure of the other party to comply with its contractual obligations or its obligations under this Convention.; Article 190 Participation and appearance of sponsoring States Parties in proceedings 1. If a natural or juridical person is a party to a dispute referred to in article 187, the sponsoring State shall be given notice thereof and shall have the right to participate in the proceedings by submitting written or oral statements. 2. If an action is brought against a State Party by a natural or juridical person sponsored by another State Party in a dispute referred to in article 187, subparagraph (c), the respondent State may request the State sponsoring that person to appear in the proceedings on behalf of that person. Failing such appearance, the respondent State may arrange to be represented by a juridical person of its nationality.; Article 191 Advisory opinions The Seabed Disputes Chamber shall give advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities. Such opinions shall be given as a matter of urgency.; Article 226 Investigation of foreign vessels 1.; Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law. 2. States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction. 3. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds.; Article 263 Responsibility and liability 1. States and competent international organizations shall be responsible for ensuring that marine scientific research, whether undertaken by them or on their behalf, is conducted in accordance with this Convention. 2. States and competent international organizations shall be responsible and liable for the measures they take in contravention of this Convention in respect of marine scientific research conducted by other States, their natural or juridical persons or by competent international organizations, and shall provide compensation for damage resulting from such measures. 3. States and competent international organizations shall be responsible and liable pursuant to article 235 for damage caused by pollution of the marine environment arising out of marine scientific research undertaken by them or on their behalf.; Article 264 Settlement of disputes Disputes concerning the interpretation or application of the provisions of this Convention with regard to marine scientific research shall be settled in accordance with Part XV, sections 2 and 3.; Article 265 Interim measures Pending settlement of a dispute in accordance with Part XV, sections 2 and 3, the State or competent international organization authorized to conduct a marine scientific research project shall not allow research activities to commence or continue without the express consent of the coastal State concerned.; Article 278 Cooperation among international organizations The competent international organizations referred to in this Part and in Part XIII shall take all appropriate measures to ensure, either directly or in close cooperation among themselves, the effective discharge of their functions and responsibilities under this Part.; 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.; 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:; 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. 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.; 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:; 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;; Article 299 Right of the parties to agree upon a procedure 1. A dispute excluded under article 297 or excepted by a declaration made under article 298 from the dispute settlement procedures provided for in section 2 may be submitted to such procedures only by agreement of the parties to the dispute. 2. Nothing in this section impairs the right of the parties to the dispute to agree to some other procedure for the settlement of such dispute or to reach an amicable settlement.; Article 302 Disclosure of information Without prejudice to the right of a State Party to resort to the procedures for the settlement of disputes provided for in this Convention, nothing in this Convention shall be deemed to require a State Party, in the fulfilment of its obligations under this Convention, to supply information the disclosure of which is contrary to the essential interests of its security.; Article 304 Responsibility and liability for damage The provisions of this Convention regarding responsibility and liability for damage are without prejudice to the application of existing rules and the development of further rules regarding responsibility and liability under international law.; Article 5 Transfer of technology 1. When submitting a plan of work, every applicant shall make available to the Authority a general description of the equipment and methods to be used in carrying out activities in the Area, and other relevant non-proprietary information about the characteristics of such technology and information as to where such technology is available. 2. Every operator shall inform the Authority of revisions in the description and information made available pursuant to paragraph 1 whenever a substantial technological change or innovation is introduced. 3. Every contract for carrying out activities in the Area shall contain the following undertakings by the contractor:; Article 13 Financial terms of contracts 1. In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives:; Article 18 Penalties 1. A contractor's rights under the contract may be suspended or terminated only in the following cases:; Article 21 Applicable law 1. The contract shall be governed by the terms of the contract, the rules, regulations and procedures of the Authority, Part XI and other rules of international law not incompatible with this Convention. 2. Any final decision rendered by a court or tribunal having jurisdiction under this Convention relating to the rights and obligations of the Authority and of the contractor shall be enforceable in the territory of each State Party. 3. No State Party may impose conditions on a contractor that are inconsistent with Part XI. However, the application by a State Party to contractors sponsored by it, or to ships flying its flag, of environmental or other laws and regulations more stringent than those in the rules, regulations and procedures of the Authority adopted pursuant to article 17, paragraph 2(f), of this Annex shall not be deemed inconsistent with Part XI.; ANNEX V. CONCILIATION; Article 1 Institution of proceedings If the parties to a dispute have agreed, in accordance with article 284, to submit it to conciliation under this section, any such party may institute the proceedings by written notification addressed to the other party or parties to the dispute.; Article 2 List of conciliators A list of conciliators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. If at any time the conciliators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary. The name of a conciliator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such conciliator shall continue to serve on any conciliation commission to which that conciliator has been appointed until the completion of the proceedings before that commission.; Article 3 Constitution of conciliation commission The conciliation commission shall, unless the parties otherwise agree, be constituted as follows:; Article 4 Procedure The conciliation commission shall, unless the parties otherwise agree, determine its own procedure. The commission may, with the consent of the parties to the dispute, invite any State Party to submit to it its views orally or in writing. Decisions of the commission regarding procedural matters, the report and recommendations shall be made by a majority vote of its members.; Article 5 Amicable settlement The commission may draw the attention of the parties to any measures which might facilitate an amicable settlement of the dispute.; Article 7 Report 1. The commission shall report within 12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute. 2. The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties.; Article 8 Termination The conciliation proceedings are terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by written notification addressed to the Secretary-General of the United Nations, or when a period of three months has expired from the date of transmission of the report to the parties.; Article 9 Fees and expenses The fees and expenses of the commission shall be borne by the parties to the dispute.; Article 10 Right of parties to modify procedure The parties to the dispute may by agreement applicable solely to that dispute modify any provision of this Annex.; 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.; 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.; 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 1. No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity. 2. If, for some special reason, a member of the Tribunal considers that he should not take part in the decision of a particular case, he shall so inform the President of the Tribunal. 3. If the President considers that for some special reason one of the members of the Tribunal should not sit in a particular case, he shall give him notice accordingly. 4. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.; Article 9 Consequence of ceasing to fulfil required conditions If, in the unanimous opinion of the other members of the Tribunal, a member has ceased to fulfil the required conditions, the President of the Tribunal shall declare the seat vacant.; Article 10 Privileges and immunities The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities.; Article 11 Solemn declaration by members Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.; Article 12 President, Vice-President and Registrar 1. The Tribunal shall elect its President and Vice-President for three years; they may be re-elected. 2. The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary. 3. The President and the Registrar shall reside at the seat of the Tribunal.; Article 13 Quorum 1. All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal. 2. Subject to article 17 of this Annex, the Tribunal shall determine which members are available to constitute the Tribunal for the consideration of a particular dispute, having regard to the effective functioning of the chambers as provided for in articles 14 and 15 of this Annex. 3. All disputes and applications submitted to the Tribunal shall be heard and determined by the Tribunal, unless article 14 of this Annex applies, or the parties request that it shall be dealt with in accordance with article 15 of this Annex.; Article 14 Seabed Disputes Chamber A Seabed Disputes Chamber shall be established in accordance with the provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall be as provided for in Part XI, section 5.; Article 15 Special chambers 1. The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes. 2. The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties. 3. With a view to the speedy dispatch of business, the Tribunal shall form annually a chamber composed of five of its elected members which may hear and determine disputes by summary procedure. Two alternative members shall be selected for the purpose of replacing members who are unable to participate in a particular proceeding. 4. Disputes shall be heard and determined by the chambers provided for in this article if the parties so request. 5. A judgment given by any of the chambers provided for in this article and in article 14 of this Annex shall be considered as rendered by the Tribunal.; Article 16 Rules of the Tribunal The Tribunal shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure.; Article 17 Nationality of members 1. Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal. 2. If the Tribunal, when hearing a dispute, includes upon the bench a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal. 3. If the Tribunal, when hearing a dispute, does not include upon the bench a member of the nationality of the parties, each of those parties may choose a person to participate as a member of the Tribunal. 4. This article applies to the chambers referred to in articles 14 and 15 of this Annex. In such cases, the President, in consultation with the parties, shall request specified members of the Tribunal forming the chamber, as many as necessary, to give place to the members of the Tribunal of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the members specially chosen by the parties. 5. Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only. Any doubt on this point shall be settled by the decision of the Tribunal. 6. Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfil the conditions required by articles 2, 8 and 11 of this Annex. They shall participate in the decision on terms of complete equality with their colleagues.; Article 18 Remuneration of members 1. Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance. 2. The President shall receive a special annual allowance. 3. The Vice-President shall receive a special allowance for each day on which he acts as President. 4. The members chosen under article 17 of this Annex, other than elected members of the Tribunal, shall receive compensation for each day on which they exercise their functions. 5. The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the workload of the Tribunal. They may not be decreased during the term of office. 6. The salary of the Registrar shall be determined at meetings of the States Parties, on the proposal of the Tribunal. 7. Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of the Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their travelling expenses refunded. 8. The salaries, allowances, and compensation shall be free of all taxation.; Article 19 Expenses of the Tribunal 1. The expenses of the Tribunal shall be borne by the States Parties and by the Authority on such terms and in such a manner as shall be decided at meetings of the States Parties. 2. When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal.; Article 20 Access to the Tribunal 1. The Tribunal shall be open to States Parties. 2. The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.; Article 21 Jurisdiction The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.; Article 22 Reference of disputes subject to other agreements If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.; Article 23 Applicable law The Tribunal shall decide all disputes and applications in accordance with article 293.; Article 24 Institution of proceedings 1. Disputes are submitted to the Tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the Registrar. In either case, the subject of the dispute and the parties shall be indicated. 2. The Registrar shall forthwith notify the special agreement or the application to all concerned. 3. The Registrar shall also notify all States Parties.; Article 25 Provisional measures 1. In accordance with article 290, the Tribunal and its Seabed Disputes Chamber shall have the power to prescribe provisional measures. 2. If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this Annex, such provisional measures may be adopted at the request of any party to the dispute. They shall be subject to review and revision by the Tribunal.; Article 26 Hearing 1. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside. 2. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.; Article 27 Conduct of case The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.; Article 28 Default When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.; Article 29 Majority for decision 1. All questions shall be decided by a majority of the members of the Tribunal who are present. 2. In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.; Article 30 Judgment 1. The judgment shall state the reasons on which it is based. 2. It shall contain the names of the members of the Tribunal who have taken part in the decision. 3. If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion. 4. The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute. Article 3l Request to intervene 1. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene. 2. It shall be for the Tribunal to decide upon this request. 3. If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect of which that State Party intervened.; Article 33 Finality and binding force of decisions 1. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute. 2. The decision shall have no binding force except between the parties in respect of that particular dispute. 3. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.; Article 34 Costs Unless otherwise decided by the Tribunal, each party shall bear its own costs.; Article 35 Composition 1. The Seabed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them. 2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution. 3. The members of the Chamber shall be selected every three years and may be selected for a second term. 4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected. 5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition. 6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor's term. 7. A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.; Article 36 Ad hoc chambers 1. The Seabed Disputes Chamber shall form an ad hoc chamber, composed of three of its members, for dealing with a particular dispute submitted to it in accordance with article 188, paragraph 1(b). The composition of such a chamber shall be determined by the Seabed Disputes Chamber with the approval of the parties. 2. If the parties do not agree on the composition of an ad hoc chamber, each party to the dispute shall appoint one member, and the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment, the President of the Seabed Disputes Chamber shall promptly make the appointment or appointments from among its members, after consultation with the parties. 3. Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute.; Article 40 Applicability of other sections of this Annex 1. The other sections of this Annex which are not incompatible with this section apply to the Chamber. 2. In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this Annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.; ANNEX VII. ARBITRATION; Article 1 Institution of proceedings Subject to the provisions of Part XV, any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.; Article 2 List of arbitrators l. A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. 2. If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary. 3. The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.; Article 3 Constitution of arbitral tribunal For the purpose of proceedings under this Annex, the arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:; Article 4 Functions of arbitral tribunal An arbitral tribunal constituted under article 3 of this Annex shall function in accordance with this Annex and the other provisions of this Convention.; Article 5 Procedure Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be heard and to present its case.; Article 6 Duties of parties to a dispute The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their disposal, shall:; Article 7 Expenses Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.; Article 8 Required majority for decisions Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or abstention of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.; Article 9 Default of appearance If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.; Article 10 Award The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the award. Any member of the tribunal may attach a separate or dissenting opinion to the award.; Article 11 Finality of award The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute.; Article 12 Interpretation or implementation of award 1. Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original appointments of the members of the tribunal. 2. Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.; Article 13 Application to entities other than States Parties The provisions of this Annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.; ANNEX VIII. SPECIAL ARBITRATION; Article 1 Institution of proceedings Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries,; Article 2 Lists of experts 1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping. 2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has delegated this function. 3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list. 4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary. 5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.; Article 3 Constitution of special arbitral tribunal For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:; Article 4 General provisions Annex VII, articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.; Article 5 Fact finding 1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or; Article 7 Settlement of disputes l. At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this Convention, referred to in article 287, paragraph 1(a), (c) or (d). 2. Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations. 3. When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with Annex VII, unless the parties to the dispute otherwise agree.; Article 8 Applicability of Part XVII Part XVII applies mutatis mutandis to an international organization, except in respect of the following:; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:; Article 73, 1. Declares that:
relationship_with_other_instruments (21)
Relationship with UNCLOS and with relevant legal instruments, frameworks and global, regional, subregional and sectoral bodies (the 'not undermine' clause).
- BBNJ Agreement: Article 5; Article 8; Article 29; Article 60; Article 62
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex XI List of documents Organizational meeting A/AC.296/2024/1 Agenda A/AC.296/2024/2 Provisional organization of work A/AC.296/2024/3 Matters to be addressed at the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2024/4 Statement by the Co-Chair of the Preparatory Commission at the closing of the organizational meeting A/AC.296/2024/INF/1 Information for participants: Note by the Secretariat A/AC.296/2024/INF/2/ Rev.1 Final list of participants First session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/3 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/4 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, including the selection process for their members: Note by the Secretariat A/AC.296/2025/5 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2025/6 Issues pertaining to the operation of the Clearing- House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/7 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/8 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/9 Statement by the Co-Chairs of the Preparatory Commission at the closing of the first session A/AC.296/2025/INF/1 Information for participants: Note by the Secretariat Second session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2025/12 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/13 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2025/14 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Revised aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2025/15 Draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs A/AC.296/2025/16 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Note by the Secretariat A/AC.296/2025/17 Reporting requirements pursuant to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/18 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Secretariat A/AC.296/2025/19 Statement by the Co-Chairs of the Preparatory Commission at the closing of the second session A/AC.296/2025/INF/2 Information for participants: Note by the Secretariat A/AC.296/2025/INF/3 Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement: Note by the Co-Chairs A/AC.296/2025/INF/4 Matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models: Note by the Secretariat A/AC.296/2025/CRP.1 Refreshed text of a draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2025/CRP.2 Revised draft terms of reference for an informal group on the technical aspects of the operationalization of the Clearing-House Mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2025/CRP.3 Refreshed text of draft rules of procedure for the Conference of the Parties A/AC.296/2025/CRP.4 Refreshed text of draft financial rules governing the funding of the Conference of the Parties Third session A/AC.296/2025/1 Agenda of the Preparatory Commission A/AC.296/2025/1/Rev.1 Revised agenda of the Preparatory Commission A/AC.296/2025/2 Programme of work of the Preparatory Commission A/AC.296/2026/1 Rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/2 Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/3 Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co- Chairs A/AC.296/2026/4 Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs A/AC.296/2026/5 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism A/AC.296/2026/6 Operationalization of other provisions on financial resources and mechanism under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalizing the special fund A/AC.296/2026/7 Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Further revised aid to discussions and negotiations prepared by the Co-Chairs A/AC.296/2026/8 Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat A/AC.296/2026/INF/1 Information for participants: Note by the Secretariat A/AC.296/2026/CRP.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.1/ Rev.1 Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2026/CRP.2 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.2/ Rev.1/Corr.1 Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement A/AC.296/2026/CRP.3 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.3/ Rev.1/Corr.1 Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies A/AC.296/2026/CRP.4 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.4/ Rev.1/Corr.1 Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility A/AC.296/2026/CRP.5 Draft report of the Preparatory Commission A/AC.296/2026/CRP.6 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.6/ Rev.1 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies A/AC.296/2026/CRP.7 Reporting requirements under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Key points from the exchange of views held during the second session of the Preparatory Commission A/AC.296/2028/CRP.8 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations A/AC.296/2028/CRP.9 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement A/AC.296/2028/CRP.10 Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction A/AC.296/2028/CRP.11 Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement
- BBNJ Agreement (Español): Artículo 22; Artículo 24; Artículo 25; Artículo 29; Artículo 51; Artículo 60
- 1995 Fish Stocks Agreement: Article 4 Relationship between this Agreement and the Convention Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention. /... English Page 5; Article 7 Compatibility of conservation and management measures; Article 18 Duties of the flag State
- UNCLOS: Article 268 Basic objectives States, directly or through competent international organizations, shall promote:
rights_interests_and_knowledge (43)
The balance of rights and interests, special interests of developing States, and the rights and traditional knowledge of Indigenous Peoples and local communities.
- BBNJ Agreement: preamble/chapeau; Article 6; Article 13; Article 18; Article 63
- GA Res. 79/271: Paragraph 6
- GA Res. 78/272 (establishes the Preparatory Commission): Paragraph 14
- GA Res. 80/107: Paragraph 8
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,; Annex IX Draft terms of reference for the voluntary trust fund under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas beyond National Jurisdiction44 Eligibility
- 1995 Fish Stocks Agreement: Article 3 Application; Article 7 Compatibility of conservation and management measures; Article 23 Measures taken by a port State
- UNCLOS: preamble/chapeau; Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.; Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:; Article 34 Legal status of waters forming straits used for international navigation 1. The regime of passage through straits used for international navigation established in this Part shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil. 2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law.; Article 39 Duties of ships and aircraft during transit passage 1. Ships and aircraft, while exercising the right of transit passage, shall:; Article 49 Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil 1. The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast. 2. This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein. 3. This sovereignty is exercised subject to this Part. 4. The regime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein.; Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has:; Article 73 Enforcement of laws and regulations of the coastal State 1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. 3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.; Article 77 Rights of the coastal State over the continental shelf 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State. 3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4. The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.; Article 89 Invalidity of claims of sovereignty over the high seas No State may validly purport to subject any part of the high seas to its sovereignty.; Article 125 Right of access to and from the sea and freedom of transit 1. Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in this Convention including those relating to the freedom of the high seas and the common heritage of mankind. To this end, land-locked States shall enjoy freedom of transit through the territory of transit States by all means of transport. 2. The terms and modalities for exercising freedom of transit shall be agreed between the land-locked States and transit States concerned through bilateral, subregional or regional agreements. 3. Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures necessary to ensure that the rights and facilities provided for in this Part for land-locked States shall in no way infringe their legitimate interests.; Article 137 Legal status of the Area and its resources 1. No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized. 2. All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority shall act. These resources are not subject to alienation. The minerals recovered from the Area, however, may only be alienated in accordance with this Part and the rules, regulations and procedures of the Authority. 3. No State or natural or juridical person shall claim, acquire or exercise rights with respect to the minerals recovered from the Area except in accordance with this Part. Otherwise, no such claim, acquisition or exercise of such rights shall be recognized.; Article 148 Participation of developing States in activities in the Area The effective participation of developing States in activities in the Area shall be promoted as specifically provided for in this Part, having due regard to their special interests and needs, and in particular to the special need of the land-locked and geographically disadvantaged among them to overcome obstacles arising from their disadvantaged location, including remoteness from the Area and difficulty of access to and from it.; Article 155 The Review Conference 1. Fifteen years from 1 January of the year in which the earliest commercial production commences under an approved plan of work, the Assembly shall convene a conference for the review of those provisions of this Part and the relevant Annexes which govern the system of exploration and exploitation of the resources of the Area. The Review Conference shall consider in detail, in the light of the experience acquired during that period:; Article 194 Measures to prevent, reduce and control pollution of the marine environment 1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection. 2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. 3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:; Article 211 Pollution from vessels 1. States, acting through the competent international organization or general diplomatic conference, shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels and promote the adoption, in the same manner, wherever appropriate, of routeing systems designed to minimize the threat of accidents which might cause pollution of the marine environment, including the coastline, and pollution damage to the related interests of coastal States. Such rules and standards shall, in the same manner, be re-examined from time to time as necessary. 2. States shall adopt laws and regulations for the prevention, reduction and control of pollution of the marine environment from vessels flying their flag or of their registry. Such laws and regulations shall at least have the same effect as that of generally accepted international rules and standards established through the competent international organization or general diplomatic conference. 3. States which establish particular requirements for the prevention, reduction and control of pollution of the marine environment as a condition for the entry of foreign vessels into their ports or internal waters or for a call at their off-shore terminals shall give due publicity to such requirements and shall communicate them to the competent international organization. Whenever such requirements are established in identical form by two or more coastal States in an endeavour to harmonize policy, the communication shall indicate which States are participating in such cooperative arrangements. Every State shall require the master of a vessel flying its flag or of its registry, when navigating within the territorial sea of a State participating in such cooperative arrangements, to furnish, upon the request of that State, information as to whether it is proceeding to a State of the same region participating in such cooperative arrangements and, if so, to indicate whether it complies with the port entry requirements of that State. This article is without prejudice to the continued exercise by a vessel of its right of innocent passage or to the application of article 25, paragraph 2. 4. Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage. Such laws and regulations shall, in accordance with Part II, section 3, not hamper innocent passage of foreign vessels. 5. Coastal States, for the purpose of enforcement as provided for in section 6, may in respect of their exclusive economic zones adopt laws and regulations for the prevention, reduction and control of pollution from vessels conforming to and giving effect to generally accepted international rules and standards established through the competent international organization or general diplomatic conference. 6.; Article 212 Pollution from or through the atmosphere 1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from or through the atmosphere, applicable to the air space under their sovereignty and to vessels flying their flag or vessels or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices and procedures and the safety of air navigation. 2. States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution.; Article 222 Enforcement with respect to pollution from or through the atmosphere States shall enforce, within the air space under their sovereignty or with regard to vessels flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in accordance with article 212, paragraph 1, and with other provisions of this Convention and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from or through the atmosphere, in conformity with all relevant international rules and standards concerning the safety of air navigation.; Article 242 Promotion of international cooperation 1. States and competent international organizations shall, in accordance with the principle of respect for sovereignty and jurisdiction and on the basis of mutual benefit, promote international cooperation in marine scientific research for peaceful purposes. 2. In this context, without prejudice to the rights and duties of States under this Convention, a State, in the application of this Part, shall provide, as appropriate, other States with a reasonable opportunity to obtain from it, or with its cooperation, information necessary to prevent and control damage to the health and safety of persons and to the marine environment.; Article 245 Marine scientific research in the territorial sea Coastal States, in the exercise of their sovereignty, have the exclusive right to regulate, authorize and conduct marine scientific research in their territorial sea. Marine scientific research therein shall be conducted only with the express consent of and under the conditions set forth by the coastal State.; Article 246 Marine scientific research in the exclusive economic zone and on the continental shelf 1. Coastal States, in the exercise of their jurisdiction, have the right to regulate, authorize and conduct marine scientific research in their exclusive economic zone and on their continental shelf in accordance with the relevant provisions of this Convention. 2. Marine scientific research in the exclusive economic zone and on the continental shelf shall be conducted with the consent of the coastal State. 3. Coastal States shall, in normal circumstances, grant their consent for marine scientific research projects by other States or competent international organizations in their exclusive economic zone or on their continental shelf to be carried out in accordance with this Convention exclusively for peaceful purposes and in order to increase scientific knowledge of the marine environment for the benefit of all mankind. To this end, coastal States shall establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. 4. For the purposes of applying paragraph 3, normal circumstances may exist in spite of the absence of diplomatic relations between the coastal State and the researching State. 5. Coastal States may however in their discretion withhold their consent to the conduct of a marine scientific research project of another State or competent international organization in the exclusive economic zone or on the continental shelf of the coastal State if that project:; 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:; 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;; Article 73, 1. Declares that:
final_provisions (148)
Signature, ratification, accession, entry into force, amendment, reservations, voting, denunciation, depositary and authentic texts.
- GA Dec. 78/560 (A/78/L.102): (whole text)
- BBNJ Agreement (Français): Article 10; Article 65; Article 66; Article 67; Article 68; Article 69; Article 71; Article 72
- BBNJ Agreement: Article 64; Article 65; Article 66; Article 67; Article 68; Article 69; Article 70; Article 71; Article 72; Article 73; Article 74; Article 75; Article 76
- GA Res. 79/271: preamble/chapeau; Paragraph 1; Paragraph 3; Paragraph 4; Paragraph 5
- GA Res. 78/272 (establishes the Preparatory Commission): preamble/chapeau; Paragraph 1; Paragraph 2; Paragraph 3; Paragraph 8
- GA Res. 80/107: preamble/chapeau; Paragraph 1; Paragraph 3; Paragraph 5
- GA Res. 77/321: Paragraph 2; Paragraph 3; Paragraph 4; Paragraph 5
- 1994 Part XI Agreement: preamble/chapeau; Article 3 Signature This Agreement shall remain open for signature at United Nations Headquarters by the States and entities referred to in article 305, paragraph 1 (a), (c), (d), (e) and (f), of the Convention for 12 months from the date of its adoption.; Article 4 Consent to be bound; Article 5 Simplified procedure; Article 6 Entry into force; Article 7 Provisional application; Article 9 Depositary The Secretary-General of the United Nations shall be the depositary of this Agreement.; Article 10 Authentic texts The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. DONE AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four. Annex SECTION 1. COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
- PrepCom Report (3rd session, 2026): preamble/chapeau; Annex I Draft rules of procedure for the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex II Draft terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction; Annex III Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the relationship between the secretariat established under article 50 of the Agreement and the United Nations The Conference of the Parties, Recalling that, pursuant to article 50, paragraph 1, of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the Conference of the Parties, at its first meeting, shall make arrangements for the functioning of the secretariat established thereunder, Reaffirming that, pursuant to article 48, paragraph 1, of the Agreement, the Conference of the Parties shall promote transparency in decision-making processes and other activities carried out under the Agreement, Recognizing the functions, powers and role of the Conference of the Parties in matters relating to the implementation of the objectives of the Agreement, Acknowledging the value of engagement between the Conference of the Parties and the Secretary-General of the United Nations and committing to transparency in the interaction between the Conference of the Parties and the Secretary-General, Having considered the conclusions of the Preparatory Commission established by General Assembly resolution 78/272 of 24 April 2024, to prepare for the entry into force of the Agreement and the convening of the first meeting of the Conference of the Parties to the Agreement on this matter, contained in the report of the Preparatory Commission [document to be issued], Option I; Annex IV Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on modalities for the decision on the seat of the secretariat established under article 50 of the Agreement The Conference of the Parties, Recalling that, pursuant to article 50, paragraph 1, of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the Conference of the Parties, at its first meeting, shall make arrangements for the functioning of the secretariat established thereunder, including deciding on its seat, Having considered the conclusions of the Preparatory Commission established by General Assembly resolution 78/272 of 24 April 2024, to prepare for the entry into force of the Agreement and the convening of the first meeting of the Conference of the Parties to the Agreement on this matter, contained in the report of the Preparatory Commission [document to be issued],; Annex V Draft financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies42; Annex VI Draft memorandum of understanding between the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Council of the Global Environment Facility The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (hereinafter “the Conference of the Parties”) and the Council of the Global Environment Facility (hereinafter “the Council”), Recalling paragraph 3 of article 52 of the Agreement, which establishes a mechanism for the provision of adequate, accessible, new and additional and predictable financial resources under the Agreement and provides that the mechanism shall assist developing States Parties in implementing the Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in article 52 of the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, Recalling also paragraph 4 of article 52 of the Agreement, which provides that the mechanism shall include the Global Environment Facility trust fund, along with a special fund and a voluntary trust fund, Recalling further paragraph 6 of article 52 of the Agreement, which provides that the special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) fund capacity-building projects under the Agreement, including effective projects on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and activities and programmes, including training related to the transfer of marine technology; (b) assist developing States Parties in implementing the Agreement; (c) support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) support public consultations at the national, subregional and regional levels; and (e) fund the undertaking of any other activities as decided by the Conference of the Parties, Recalling paragraph 7 of article 52 of the Agreement, which provides that the financial mechanism should seek to ensure that duplication is avoided, and complementarity and coherence promoted, among the utilization of the funds within the mechanism, Recalling also paragraph 9 of article 52 of the Agreement, which provides that, for the purposes of the Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto, and that the Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources, Recalling further paragraph 10 of article 52 of the Agreement, which provides that the Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the relevant paragraphs of article 52 of the Agreement at the first meeting of the Conference of the Parties, Recalling paragraph 13 of article 52 of the Agreement, which provides that in the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, Recalling also paragraph 16 of article 52 of the Agreement, which provides that the Conference of the Parties shall undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties, and recalling that this periodic review should be carried out in a transparent and equitable manner, Recalling further article 7 of the Agreement, which sets out the general principles and approaches by which Parties to the Agreement shall be guided in order to achieve the objectives of the Agreement, Recalling paragraph 6 of the Instrument for the Establishment of the Restructured Global Environment Facility, as amended on 25 August 2023 at the seventh Global Environment Facility Assembly, which provides that the Global Environment Facility shall operate as one of the entities comprising the financial mechanism of the Agreement, Having consulted each other, and taking into account the relevant aspects of their governance structures as reflected in their constituent instruments, Have reached the following mutual understanding: Definitions; Annex VII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction on arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies The Conference of the Parties, Recalling that the objective of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, as set out in its article 2, is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, Recalling that article 5 of the Agreement addresses the relationship between the Agreement and the Convention and relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and provides, in paragraph 1, that the Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention and, in paragraph 2, that the Agreement shall be interpreted and applied in a manner that does not undermine those instruments, frameworks and bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies, Recalling also that Parties are required, pursuant to article 8, paragraph 1, of the Agreement, to cooperate under the Agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the Agreement, and that, pursuant to article 8, paragraph 2, Parties shall endeavour to promote, as appropriate, the objectives of the Agreement when participating in decision-making under such instruments, frameworks and bodies, Recalling further that, with regard to arrangements to enhance cooperation, pursuant to article 47, paragraph 6(c), of the Agreement, the Conference of the Parties shall promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and that the Conference of the Parties is also required, pursuant to article 48, paragraph 3, to promote transparency in the implementation of the Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Recalling further that, under article 50, paragraph 4(d), of the Agreement, the secretariat is required to facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties, Recalling further that, under article 51, paragraph 4, of the Agreement, the Clearing- House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations, Recognizing the role and contribution of relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the attainment of the general objectives of the Agreement, and recognizes that cooperation with these instruments, frameworks and bodies is crucial in ensuring the effective implementation of the Agreement, Having considered the report of the Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement, in particular concerning arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies,; Annex VIII Draft decision for consideration by the first meeting of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction concerning the operationalization of the special fund established under the Agreement2943 The Conference of the Parties, Recalling the objectives, principles, provisions and obligations set forth in the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, in particular its articles 2, 7, 14 and 52, Building on lessons learned from, as well as experiences gained and operating modalities under, existing funds under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, Desiring to give effect to the principle of full recognition of the special circumstances of small island developing States and of least developed countries, and acknowledging the special interests and needs of landlocked developing countries, as set out in article 7, paragraphs (m) and (n), of the Agreement, Recalling article 52, paragraph 12, of the Agreement, which provides that eligibility for access to funding under the Agreement shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries,
- 1995 Fish Stocks Agreement: Article 36 Review conference; Article 37 Signature This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at United Nations Headquarters for twelve months from the fourth of December 1995.; Article 38 Ratification This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations.; Article 39 Accession This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be deposited with the Secretary-General of the United Nations.; Article 40 Entry into force; Article 41 Provisional application; Article 42 Reservations and exceptions No reservations or exceptions may be made to this Agreement.; Article 44 Relation to other agreements; Article 45 Amendment; Article 46 Denunciation; Article 47 Participation by international organizations; Article 48 Annexes; Article 49 Depositary The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto.; Article 50 Authentic texts The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. /... English Page 35 OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine hundred and ninety-five, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages. /... English Page 36
- UNCLOS: preamble/chapeau; Article 16 Charts and lists of geographical coordinates 1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. 2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.; Article 21 Laws and regulations of the coastal State relating to innocent passage 1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following:; Article 47 Archipelagic baselines 1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. 2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. 3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. 4. Such baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island. 5. The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. 6. If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. 7. For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau. 8. The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted. 9. The archipelagic State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.; Article 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has:; Article 75 Charts and lists of geographical coordinates 1. Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation. 2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.; Article 76 Definition of the continental shelf 1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6. 3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. 4.; Article 84 Charts and lists of geographical coordinates 1. Subject to this Part, the outer limit lines of the continental shelf and the lines of delimitation drawn in accordance with article 83 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation. 2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations and, in the case of those showing the outer limit lines of the continental shelf, with the Secretary-General of the Authority.; Article 88 Reservation of the high seas for peaceful purposes The high seas shall be reserved for peaceful purposes.; Article 123 Cooperation of States bordering enclosed or semi-enclosed seas States bordering an enclosed or semi-enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organization:; Article 154 Periodic review Every five years from the entry into force of this Convention, the Assembly shall undertake a general and systematic review of the manner in which the international regime of the Area established in this Convention has operated in practice. In the light of this review the Assembly may take, or recommend that other organs take, measures in accordance with the provisions and procedures of this Part and the Annexes relating thereto which will lead to the improvement of the operation of the regime.; Article 155 The Review Conference 1. Fifteen years from 1 January of the year in which the earliest commercial production commences under an approved plan of work, the Assembly shall convene a conference for the review of those provisions of this Part and the relevant Annexes which govern the system of exploration and exploitation of the resources of the Area. The Review Conference shall consider in detail, in the light of the experience acquired during that period:; Article 160 Powers and functions 1. The Assembly, as the sole organ of the Authority consisting of all the members, shall be considered the supreme organ of the Authority to which the other principal organs shall be accountable as specifically provided for in this Convention. The Assembly shall have the power to establish general policies in conformity with the relevant provisions of this Convention on any question or matter within the competence of the Authority. 2. In addition, the powers and functions of the Assembly shall be:; Article 161 Composition, procedure and voting 1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:; 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:; Article 165 The Legal and Technical Commission 1. Members of the Legal and Technical Commission shall have appropriate qualifications such as those relevant to exploration for and exploitation and processing of mineral resources, oceanology, protection of the marine environment, or economic or legal matters relating to ocean mining and related fields of expertise. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. 2. The Commission shall:; Article 191 Advisory opinions The Seabed Disputes Chamber shall give advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities. Such opinions shall be given as a matter of urgency.; Article 197 Cooperation on a global or regional basis States shall cooperate on a global basis and, as appropriate, on a regional basis, directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment, taking into account characteristic regional features.; Article 202 Scientific and technical assistance to developing States States shall, directly or through competent international organizations:; Article 226 Investigation of foreign vessels 1.; Article 234 Ice-covered areas Coastal States have the right to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone, where particularly severe climatic conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance. Such laws and regulations shall have due regard to navigation and the protection and preservation of the marine environment based on the best available scientific evidence.; Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law. 2. States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction. 3. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds.; Article 236 Sovereign immunity The provisions of this Convention regarding the protection and preservation of the marine environment do not apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service. However, each State shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Convention.; Article 237 Obligations under other conventions on the protection and preservation of the marine environment 1. The provisions of this Part are without prejudice to the specific obligations assumed by States under special conventions and agreements concluded previously which relate to the protection and preservation of the marine environment and to agreements which may be concluded in furtherance of the general principles set forth in this Convention. 2. Specific obligations assumed by States under special conventions, with respect to the protection and preservation of the marine environment, should be carried out in a manner consistent with the general principles and objectives of this Convention.; Article 240 General principles for the conduct of marine scientific research In the conduct of marine scientific research the following principles shall apply:; Article 266 Promotion of the development and transfer of marine technology 1. States, directly or through competent international organizations, shall cooperate in accordance with their capabilities to promote actively the development and transfer of marine science and marine technology on fair and reasonable terms and conditions. 2. States shall promote the development of the marine scientific and technological capacity of States which may need and request technical assistance in this field, particularly developing States, including land-locked and geographically disadvantaged States, with regard to the exploration, exploitation, conservation and management of marine resources, the protection and preservation of the marine environment, marine scientific research and other activities in the marine environment compatible with this Convention, with a view to accelerating the social and economic development of the developing States. 3. States shall endeavour to foster favourable economic and legal conditions for the transfer of marine technology for the benefit of all parties concerned on an equitable basis.; Article 277 Functions of regional centres The functions of such regional centres shall include, inter alia:; 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:; 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 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:; 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;; Article 305 Signature 1. This Convention shall be open for signature by:; Article 306 Ratification and formal confirmation This Convention is subject to ratification by States and the other entities referred to in article 305, paragraph l(b), (c), (d) and (e), and to formal confirmation, in accordance with Annex IX, by the entities referred to in article 305, paragraph l(f). The instruments of ratification and of formal confirmation shall be deposited with the Secretary-General of the United Nations.; Article 307 Accession This Convention shall remain open for accession by States and the other entities referred to in article 305. Accession by the entities referred to in article 305, paragraph l(f), shall be in accordance with Annex IX. The instruments of accession shall be deposited with the Secretary-General of the United Nations.; Article 308 Entry into force 1. This Convention shall enter into force 12 months after the date of deposit of the sixtieth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the sixtieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession, subject to paragraph 1. 3. The Assembly of the Authority shall meet on the date of entry into force of this Convention and shall elect the Council of the Authority. The first Council shall be constituted in a manner consistent with the purpose of article 161 if the provisions of that article cannot be strictly applied. 4. The rules, regulations and procedures drafted by the Preparatory Commission shall apply provisionally pending their formal adoption by the Authority in accordance with Part XI. 5. The Authority and its organs shall act in accordance with resolution II of the Third United Nations Conference on the Law of the Sea relating to preparatory investment and with decisions of the Preparatory Commission taken pursuant to that resolution.; Article 309 Reservations and exceptions No reservations or exceptions may be made to this Convention unless expressly permitted by other articles of this Convention.; Article 311 Relation to other conventions and international agreements 1. This Convention shall prevail, as between States Parties, over the Geneva Conventions on the Law of the Sea of 29 April 1958. 2. This Convention shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 3. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Convention, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Convention, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 4. States Parties intending to conclude an agreement referred to in paragraph 3 shall notify the other States Parties through the depositary of this Convention of their intention to conclude the agreement and of the modification or suspension for which it provides. 5. This article does not affect international agreements expressly permitted or preserved by other articles of this Convention. 6. States Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof.; Article 312 Amendment 1. After the expiry of a period of 10 years from the date of entry into force of this Convention, a State Party may, by written communication addressed to the Secretary-General of the United Nations, propose specific amendments to this Convention, other than those relating to activities in the Area, and request the convening of a conference to consider such proposed amendments. The Secretary-General shall circulate such communication to all States Parties. If, within 12 months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Secretary-General shall convene the conference. 2. The decision-making procedure applicable at the amendment conference shall be the same as that applicable at the Third United Nations Conference on the Law of the Sea unless otherwise decided by the conference. The conference should make every effort to reach agreement on any amendments by way of consensus and there should be no voting on them until all efforts at consensus have been exhausted.; Article 313 Amendment by simplified procedure 1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose an amendment to this Convention, other than an amendment relating to activities in the Area, to be adopted by the simplified procedure set forth in this article without convening a conference. The Secretary-General shall circulate the communication to all States Parties. 2. If, within a period of 12 months from the date of the circulation of the communication, a State Party objects to the proposed amendment or to the proposal for its adoption by the simplified procedure, the amendment shall be considered rejected. The Secretary-General shall immediately notify all States Parties accordingly. 3. If, 12 months from the date of the circulation of the communication, no State Party has objected to the proposed amendment or to the proposal for its adoption by the simplified procedure, the proposed amendment shall be considered adopted. The Secretary-General shall notify all States Parties that the proposed amendment has been adopted.; Article 314 Amendments to the provisions of this Convention relating exclusively to activities in the Area 1. A State Party may, by written communication addressed to the Secretary-General of the Authority, propose an amendment to the provisions of this Convention relating exclusively to activities in the Area, including Annex VI, section 4. The Secretary-General shall circulate such communication to all States Parties. The proposed amendment shall be subject to approval by the Assembly following its approval by the Council. Representatives of States Parties in those organs shall have full powers to consider and approve the proposed amendment. The proposed amendment as approved by the Council and the Assembly shall be considered adopted. 2. Before approving any amendment under paragraph 1, the Council and the Assembly shall ensure that it does not prejudice the system of exploration for and exploitation of the resources of the Area, pending the Review Conference in accordance with article 155.; Article 315 Signature, ratification of, accession to and authentic texts of amendments 1. Once adopted, amendments to this Convention shall be open for signature by States Parties for 12 months from the date of adoption, at United Nations Headquarters in New York, unless otherwise provided in the amendment itself. 2. Articles 306, 307 and 320 apply to all amendments to this Convention.; Article 316 Entry into force of amendments 1. Amendments to this Convention, other than those referred to in paragraph 5, shall enter into force for the States Parties ratifying or acceding to them on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties or by 60 States Parties, whichever is greater. Such amendments shall not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 2. An amendment may provide that a larger number of ratifications or accessions shall be required for its entry into force than are required by this article. 3. For each State Party ratifying or acceding to an amendment referred to in paragraph 1 after the deposit of the required number of instruments of ratification or accession, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession. 4. A State which becomes a Party to this Convention after the entry into force of an amendment in accordance with paragraph 1 shall, failing an expression of a different intention by that State:; Article 317 Denunciation 1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Convention and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 2. A State shall not be discharged by reason of the denunciation from the financial and contractual obligations which accrued while it was a Party to this Convention, nor shall the denunciation affect any right, obligation or legal situation of that State created through the execution of this Convention prior to its termination for that State. 3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.; Article 319 Depositary 1. The Secretary-General of the United Nations shall be the depositary of this Convention and amendments thereto. 2. In addition to his functions as depositary, the Secretary-General shall:; Article 320 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall, subject to article 305, paragraph 2, be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Convention. DONE AT MONTEGO BAY, this tenth day of December, one thousand nine hundred and eighty-two.; Article 2 1. The Commission shall consist of 21 members who shall be experts in the field of geology, geophysics or hydrography, elected by States Parties to this Convention from among their nationals, having due regard to the need to ensure equitable geographical representation, who shall serve in their personal capacities. 2. The initial election shall be held as soon as possible but in any case within 18 months after the date of entry into force of this Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties, inviting the submission of nominations, after appropriate regional consultations, within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated and shall submit it to all the States Parties. 3. Elections of the members of the Commission shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Commission shall be those nominees who obtain a two-thirds majority of the votes of the representatives of States Parties present and voting. Not less than three members shall be elected from each geographical region. 4. The members of the Commission shall be elected for a term of five years. They shall be eligible for re-election. 5. The State Party which submitted the nomination of a member of the Commission shall defray the expenses of that member while in performance of Commission duties. The coastal State concerned shall defray the expenses incurred in respect of the advice referred to in article 3, paragraph 1(b), of this Annex. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations.; Article 4 Where a coastal State intends to establish, in accordance with article 76, the outer limits of its continental shelf beyond 200 nautical miles, it shall submit particulars of such limits to the Commission along with supporting scientific and technical data as soon as possible but in any case within 10 years of the entry into force of this Convention for that State. The coastal State shall at the same time give the names of any Commission members who have provided it with scientific and technical advice.; Article 5 Unless the Commission decides otherwise, the Commission shall function by way of sub-commissions composed of seven members, appointed in a balanced manner taking into account the specific elements of each submission by a coastal State. Nationals of the coastal State making the submission who are members of the Commission and any Commission member who has assisted a coastal State by providing scientific and technical advice with respect to the delineation shall not be a member of the sub-commission dealing with that submission but has the right to participate as a member in the proceedings of the Commission concerning the said submission. The coastal State which has made a submission to the Commission may send its representatives to participate in the relevant proceedings without the right to vote.; Article 6 1. The sub-commission shall submit its recommendations to the Commission. 2. Approval by the Commission of the recommendations of the sub-commission shall be by a majority of two thirds of Commission members present and voting. 3. The recommendations of the Commission shall be submitted in writing to the coastal State which made the submission and to the Secretary-General of the United Nations.; Article 6 Approval of plans of work 1. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work. 2. When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether:; Article 7 Selection among applicants for production authorizations 1. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration applications for production authorizations submitted during the immediately preceding period. The Authority shall issue the authorizations applied for if all such applications can be approved without exceeding the production limitation or contravening the obligations of the Authority under a commodity agreement or arrangement to which it has become a party, as provided in article 151. 2. When a selection must be made among applicants for production authorizations because of the production limitation set forth in article 151, paragraphs 2 to 7, or because of the obligations of the Authority under a commodity agreement or arrangement to which it has become a party, as provided for in article 151, paragraph 1, the Authority shall make the selection on the basis of objective and non-discriminatory standards set forth in its rules, regulations and procedures. 3. In the application of paragraph 2, the Authority shall give priority to those applicants which:; Article 8 Reservation of areas Each application, other than those submitted by the Enterprise or by any other entities for reserved areas, shall cover a total area, which need not be a single continuous area, sufficiently large and of sufficient estimated commercial value to allow two mining operations. The applicant shall indicate the coordinates dividing the area into two parts of equal estimated commercial value and submit all the data obtained by him with respect to both parts. Without prejudice to the powers of the Authority pursuant to article 17 of this Annex, the data to be submitted concerning polymetallic nodules shall relate to mapping, sampling, the abundance of nodules, and their metal content. Within 45 days of receiving such data, the Authority shall designate which part is to be reserved solely for the conduct of activities by the Authority through the Enterprise or in association with developing States. This designation may be deferred for a further period of 45 days if the Authority requests an independent expert to assess whether all data required by this article has been submitted. The area designated shall become a reserved area as soon as the plan of work for the non-reserved area is approved and the contract is signed.; Article 13 Financial terms of contracts 1. In adopting rules, regulations and procedures concerning the financial terms of a contract between the Authority and the entities referred to in article 153, paragraph 2(b), and in negotiating those financial terms in accordance with Part XI and those rules, regulations and procedures, the Authority shall be guided by the following objectives:; Article 17 Rules, regulations and procedures of the Authority 1. The Authority shall adopt and uniformly apply rules, regulations and procedures in accordance with article 160, paragraph 2(f)(ii), and article 162, paragraph 2(o)(ii), for the exercise of its functions as set forth in Part XI on, inter alia, the following matters:; Article 7 Director-General and staff of the Enterprise 1. The Assembly shall, upon the recommendation of the Council and the nomination of the Governing Board, elect the Director-General of the Enterprise who shall not be a member of the Board. The Director-General shall hold office for a fixed term, not exceeding five years, and may be re-elected for further terms. 2. The Director-General shall be the legal representative and chief executive of the Enterprise and shall be directly responsible to the Board for the conduct of the operations of the Enterprise. He shall be responsible for the organization, management, appointment and dismissal of the staff of the Enterprise in accordance with the rules and regulations referred to in article 6, subparagraph (l), of this Annex. He shall participate, without the right to vote, in the meetings of the Board and may participate, without the right to vote, in the meetings of the Assembly and the Council when these organs are dealing with matters concerning the Enterprise. 3. The paramount consideration in the recruitment and employment of the staff and in the determination of their conditions of service shall be the necessity of securing the highest standards of efficiency and of technical competence. Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on an equitable geographical basis. 4. In the performance of their duties the Director-General and the staff shall not seek or receive instructions from any government or from any other source external to the Enterprise. They shall refrain from any action which might reflect on their position as international officials of the Enterprise responsible only to the Enterprise. Each State Party undertakes to respect the exclusively international character of the responsibilities of the Director-General and the staff and not to seek to influence them in the discharge of their responsibilities. 5. The responsibilities set forth in article 168, paragraph 2, are equally applicable to the staff of the Enterprise.; Article 11 Finances 1. The funds of the Enterprise shall include:; Article 2 List of conciliators A list of conciliators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. If at any time the conciliators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary. The name of a conciliator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such conciliator shall continue to serve on any conciliation commission to which that conciliator has been appointed until the completion of the proceedings before that commission.; Article 3 Constitution of conciliation commission The conciliation commission shall, unless the parties otherwise agree, be constituted as follows:; Article 7 Report 1. The commission shall report within 12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute. 2. The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties.; Article 8 Termination The conciliation proceedings are terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by written notification addressed to the Secretary-General of the United Nations, or when a period of three months has expired from the date of transmission of the report to the parties.; 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 40 Applicability of other sections of this Annex 1. The other sections of this Annex which are not incompatible with this section apply to the Chamber. 2. In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this Annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.; Article 2 List of arbitrators l. A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list. 2. If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary. 3. The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.; Article 1 Institution of proceedings Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries,; Article 2 Lists of experts 1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping. 2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has delegated this function. 3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list. 4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary. 5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.; Article 3 Constitution of special arbitral tribunal For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:; Article 5 Fact finding 1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or; Article 2 Signature An international organization may sign this Convention if a majority of its member States are signatories of this Convention. At the time of signature an international organization shall make a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to that organization by its member States which are signatories, and the nature and extent of that competence.; Article 3 Formal confirmation and accession 1. An international organization may deposit its instrument of formal confirmation or of accession if a majority of its member States deposit or have deposited their instruments of ratification or accession. 2. The instruments deposited by the international organization shall contain the undertakings and declarations required by articles 4 and 5 of this Annex.; Article 4 Extent of participation and rights and obligations l. The instrument of formal confirmation or of accession of an international organization shall contain an undertaking to accept the rights and obligations of States under this Convention in respect of matters relating to which competence has been transferred to it by its member States which are Parties to this Convention. 2. An international organization shall be a Party to this Convention to the extent that it has competence in accordance with the declarations, communications of information or notifications referred to in article 5 of this Annex. 3. Such an international organization shall exercise the rights and perform the obligations which its member States which are Parties would otherwise have under this Convention, on matters relating to which competence has been transferred to it by those member States. The member States of that international organization shall not exercise competence which they have transferred to it. 4. Participation of such an international organization shall in no case entail an increase of the representation to which its member States which are States Parties would otherwise be entitled, including rights in decision-making. 5. Participation of such an international organization shall in no case confer any rights under this Convention on member States of the organization which are not States Parties to this Convention. 6. In the event of a conflict between the obligations of an international organization under this Convention and its obligations under the agreement establishing the organization or any acts relating to it, the obligations under this Convention shall prevail.; Article 5 Declarations, notifications and communications l. The instrument of formal confirmation or of accession of an international organization shall contain a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to the organization by its member States which are Parties to this Convention. 2. A member State of an international organization shall, at the time it ratifies or accedes to this Convention or at the time when the organization deposits its instrument of formal confirmation or of accession, whichever is later, make a declaration specifying the matters governed by this Convention in respect of which it has transferred competence to the organization. 3. States Parties which are member States of an international organization which is a Party to this Convention shall be presumed to have competence over all matters governed by this Convention in respect of which transfers of competence to the organization have not been specifically declared, notified or communicated by those States under this article. 4. The international organization and its member States which are States Parties shall promptly notify the depositary of this Convention of any changes to the distribution of competence, including new transfers of competence, specified in the declarations under paragraphs 1 and 2. 5. Any State Party may request an international organization and its member States which are States Parties to provide information as to which, as between the organization and its member States, has competence in respect of any specific question which has arisen. The organization and the member States concerned shall provide this information within a reasonable time. The international organization and the member States may also, on their own initiative, provide this information. 6. Declarations, notifications and communications of information under this article shall specify the nature and extent of the competence transferred.; Article 7 Settlement of disputes l. At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this Convention, referred to in article 287, paragraph 1(a), (c) or (d). 2. Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations. 3. When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with Annex VII, unless the parties to the dispute otherwise agree.; Article 8 Applicability of Part XVII Part XVII applies mutatis mutandis to an international organization, except in respect of the following:; ANNEX I RESOLUTION I ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL SEA-BED AUTHORITY AND FOR THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea, Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and to make the necessary arrangements for the commencement of their functions, Having decided that a Preparatory Commission should be established for the fulfilment of these purposes, Decides as follows: l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter. 2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as observers but shall not be entitled to participate in the taking of decisions. 3. The Commission shall elect its Chairman and other officers. 4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules of procedure of the Commission. 5. The Commission shall:; Article 73, 1. Declares that:; ANNEX VI RESOLUTION ON DEVELOPMENT OF NATIONAL MARINE SCIENCE, TECHNOLOGY AND OCEAN SERVICE INFRASTRUCTURES The Third United Nations Conference on the Law of the Sea, Recognizing that the Convention on the Law of the Sea is intended to establish a new regime for the seas and oceans which will contribute to the realization of a just and equitable international economic order through making provision for the peaceful use of ocean space, the equitable and efficient management and utilization of its resources, and the study, protection and preservation of the marine environment, Bearing in mind that the new regime must take into account, in particular, the special needs and interests of the developing countries, whether coastal, land-locked, or geographically disadvantaged, Aware of the rapid advances being made in the field of marine science and technology, and the need for the developing countries, whether coastal, land-locked, or geographically disadvantaged, to share in these achievements if the aforementioned goals are to be met, Convinced that, unless urgent measures are taken, the marine scientific and technological gap between the developed and the developing countries will widen further and thus endanger the very foundations of the new regime, Believing that optimum utilization of the new opportunities for social and economic development offered by the new regime will be facilitated through action at the national and international level aimed at strengthening national capabilities in marine science, technology and ocean services, particularly in the developing countries, with a view to ensuring the rapid absorption and efficient application of technology and scientific knowledge available to them, Considering that national and regional marine scientific and technological centres would be the principal institutions through which States and, in particular, the developing countries, foster and conduct marine scientific research, and receive and disseminate marine technology, Recognizing the special role of the competent international organizations envisaged by the Convention on the Law of the Sea, especially in relation to the establishment and development of national and regional marine scientific and technological centres, Noting that present efforts undertaken within the United Nations system in training, education and assistance in the field of marine science and technology and ocean services are far below current requirements and would be particularly inadequate to meet the demands generated through operation of the Convention on the Law of the Sea, Welcoming recent initiatives within international organizations to promote and coordinate their major international assistance programmes aimed at strengthening marine science infrastructures in developing countries, 1. Calls upon all Member States to determine appropriate priorities in their development plans for the strengthening of their marine science, technology and ocean services; 2. Calls upon the developing countries to establish programmes for the promotion of technical cooperation among themselves in the field of marine science, technology and ocean service development; 3. Urges the industrialized countries to assist the developing countries in the preparation and implementation of their marine science, technology and ocean service development programmes; 4. Recommends that the World Bank, the regional banks, the United Nations Development Programme, the United Nations Financing System for Science and Technology and other multilateral funding agencies augment and coordinate their operations for the provision of funds to developing countries for the preparation and implementation of major programmes of assistance in strengthening their marine science, technology and ocean services; 5. Recommends that all competent international organizations within the United Nations system expand programmes within their respective fields of competence for assistance to developing countries in the field of marine science, technology and ocean services and coordinate their efforts on a system-wide basis in the implementation of such programmes, paying particular attention to the special needs of the developing countries, whether coastal, land-locked or geographically disadvantaged; 6. Requests the Secretary-General of the United Nations to transmit this resolution to the General Assembly at its thirty-seventh session.