http://www.greenpeace.org/~intlaw/laws82-1.html (Einblicke ins Internet, 10/1995)
Signed at Montego Bay, Jamaica, 10 December 1982
Entered into force 16 November 1994
Located in XXI ILM
The States Parties to this Convention,
Prompted by the desire to settle, in a spirit of mutual understanding and co-operation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world,
Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea,
Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole, Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,
Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, co-operation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter,
Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,
Have agreed as follows:
(1) "Area" means the sea-bed and ocean floor and subsoil thereof beyond the limits of national jurisdiction;
(2) "Authority" means the International Sea-Bed Authority;
(3) "activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area;
(4) "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;
(5) (a) "dumping" means:
(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea
(b) "dumping" does not include:
(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;
(ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.
2. (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred to in article 305, paragraph 1(b), (c), (d), (e) and (f), which become Parties to this Convention in accordance with the conditions relevant to each, and to that extent "States Parties" refers to those entities.
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.
2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the
appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding
subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal
State in accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast,
and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the
regime of internal waters.
4. Straight 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 except in instances where the drawing of baselines
to and from such elevations has received general international recognition.
5. Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining
particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which
are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of
another State from the high seas or an exclusive economic zone.
2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of
enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as
provided in this Convention shall exist in those waters.
2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to
the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An
indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle
whose diameter is a line drawn across the mouth of that indentation.
3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the
shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the
presence of islands, an indentation has more than one mouth, the semicircle shall be drawn on a line as long as the
sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if
they were part of the water area of the indentation.
4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical
miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be
considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles,
a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum
area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called "historic" bays, or in any case where the system of straight
baselines provided for in article 7 is applied.
2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the
mainland or an island, it has no territorial sea of its own.
2. The coastal State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a
copy of each such chart or list with the Secretary-General of the United Nations.
(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters;
or (b) proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far
as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the
purpose of rendering assistance to persons, ships or aircraft in danger or distress.
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:
(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal
State, or in any other manner in violation of the principles of international law embodied in the Charter of the United
Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or
sanitary laws and regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the
coastal State;
(l) any other activity not having a direct bearing on passage.
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution
thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal
State.
2. Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships
unless they are giving effect to generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws
and regulations and all generally accepted international regulations relating to the prevention of collisions at sea.
2. In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious
substances or materials may be required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State
shall take into account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and (d) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due
publicity shall be given.
(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent
passage; or (b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from
or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its
territorial sea.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State
also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those
ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in
specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the
protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly
published.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services
rendered to the ship.
These charges shall be levied without discrimination.
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED
FOR COMMERCIAL PURPOSES
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or
consular officer of the flag State; or (d) if such measures are necessary for the suppression of illicit traffic in narcotic
drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the
purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal
waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic
agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or
officer and the ship's crew. In cases of emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to
the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with
Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest
any person or to conduct any investigation in connection with any crime committed before the ship entered the
territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering
internal waters.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save
only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of
its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution
against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing
through the territorial sea after leaving internal waters.
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or
territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may riot extend beyond 24 nautical miles from the baselines from which the breadth of the
territorial sea is measured.
2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules
of international law.
(a) any areas of internal waters within a strait, except where the establishment of a straight baseline in accordance
with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously
been considered as such;
(b) the legal status of the waters beyond the territorial seas of States bordering straits as exclusive economic zones or
high seas; or (c) the legal regime in straits in which passage is regulated in whole or in part by long-standing
international conventions in force specifically relating to such straits.
2. Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely
for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive
economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of
continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving
or returning from a State bordering the strait, subject to the conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other
applicable provisions of this Convention.
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of
States bordering the strait, or in any other manner in violation of the principles of international law embodied in the
Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit
unless rendered necessary by force majeure or by distress;
(d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures and practices for safety at sea, including the
International Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures and practices for the prevention, reduction
and control of pollution from ships.
3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International Civil Aviation Organization as they apply to civil
aircraft; state aircraft will normally comply with such safety measures and will at all times operate with due regard
for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the competent internationally designated air traffic control
authority or the appropriate international distress radio frequency.
2. Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or
traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by
them.
3. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States
bordering straits shall refer proposals to the competent international organization with a view to their adoption. The
organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the States
bordering the straits, after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States
bordering the strait are being proposed, the States concerned shall co-operate in formulating proposals in
consultation with the competent international organization.
6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed
by them on charts to which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes established in accordance
with this article.
(a) the safety of navigation and the regulation of maritime traffic, as provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations
regarding the discharge of oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal,
immigration or sanitary laws and regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have
the practical effect of denying, hampering or impairing the right of transit passage as defined in this section.
3. States bordering straits shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of transit passage shall comply with such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a
manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility
for any loss or damage which results to States bordering straits.
(a) in the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements
in aid of international navigation; and (b) for the prevention, reduction and control of pollution from ships.
(a) excluded from the application of the regime of transit passage under article 38 , paragraph 1; or (b) between a part
of the high seas or an exclusive economic zone and the territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
(a) "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other
islands;
(b) "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters and other natural features form an intrinsic
geographical, economic and political entity, or which historically have been regarded as such.
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 1, 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 co-ordinates of points, specifying the geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit
a copy of each such chart or list with the Secretary-General of the United Nations.
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.
The terms and conditions for the exercise of such rights and activities, including the nature, the extent and the areas
to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements
between them. Such rights shall not be transferred to or shared with third States or their nationals.
2. An archipelagic State shall respect existing submarine cables laid by other States and passing through its waters
without making a landfall. An archipelagic State shall permit the maintenance and replacement of such cables upon
receiving due notice of their location and the intention to repair or replace them.
2. The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in
specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the
protection of its security. Such suspension shall take effect only after having been duly published.
2. All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes.
3. Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation
and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit
between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive
economic zone.
4. Such sea lanes and air routes shall traverse the archipelagic waters and the adjacent territorial sea and shall include
all normal passage routes used as routes for international navigation or overflight through or over archipelagic
waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that
duplication of routes of similar convenience between the same entry and exit points shall not be necessary.
5. Such sea lanes and air routes shall be defined by a series of continuous axis lines from the entry points of passage
routes to the exit points.
Ships and aircraft in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of
such axis lines during passage, provided that such ships and aircraft shall not navigate closer to the coasts than 10
per cent of the distance between the nearest points on islands bordering the sea lane.
6. An archipelagic State which designates sea lanes under this article may also prescribe traffic separation schemes
for the safe passage of ships through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea
lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or
prescribed by it.
8. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations.
9. In designating or substituting sea lanes or prescribing or substituting traffic separation schemes, an archipelagic
State shall refer proposals to the competent international organization with a view to their adoption. The
organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic
State, after which the archipelagic State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes
designated or prescribed by it on charts to which due publicity shall be given.
11. Ships in archipelagic sea lanes passage shall respect applicable sea lanes and traffic separation schemes
established in accordance with this article.
12. If an archipelagic State does not designate sea lanes or air routes, the right of archipelagic sea lanes passage may
be exercised through the routes normally used for internal navigation.
(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources,
whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with
regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy
from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal
State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the
provisions of this Convention.
3. The rights set out in this article with respect to the sea-bed and subsoil shall be exercised in accordance with Part
VI.
2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as
they are not incompatible with this Part.
3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States
shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations
adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law
in so far as they are not incompatible with this Part.
(a) artificial islands;
(b) installations and structures for the purposes provided for in article 56 and other economic purposes;
(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over such artificial islands installations and structures, including
jurisdiction with regard to customs fiscal health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent
means for giving warning of their presence must be maintained. Any installations or structures which are abandoned
or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international
standards established in this regard by the competent international organization.
Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and
duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations
or structures not entirely removed.
4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands,
installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of
the artificial islands, installations and structures.
5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable
international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and
function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around
them, measured from each point of their outer edge, except as authorized by generally accepted international
standards or as recommended by the competent international organization. Due notice shall be given of the extent of
safety zones.
6. All ships must respect these safety zones and shall comply with generally accepted international standards
regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
7. Artificial islands, installations and structures and the safety zones around them may not be established where
interference may be caused to the use of recognized sea lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of
their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or
the continental shelf.
2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper
conservation and management measures that the maintenance of the living resources in the exclusive economic zone
is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations,
whether subregional, regional or global, shall co-operate to this end.
3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which can
produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the
economic needs of coastal fishing communities and the special requirements of developing States, and taking into
account fishing patterns, the interdependence of stocks and any generally recommended international minimum
standards, whether subregional, regional or global.
4. In taking such measures the coastal State shall take into consideration the effects on species associated with or
dependent upon harvested species with a view to maintaining or restoring populations of such associated or
dependent species above levels at which their reproduction may become seriously threatened.
5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of
fish stocks shall be contributed and exchanged on a regular basis through competent international organizations,
whether subregional, regional or global, where appropriate and with participation by all States concerned, including
States whose nationals are allowed to fish in the exclusive economic zone.
2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone.
Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements
or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give
other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and
70, especially in relation to the developing States mentioned therein.
3. In giving access to other States to its exclusive economic zone under this article the coastal State shall take into
account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy
of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements
of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic
dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in
research and identification of stocks.
4. Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and
with the other terms and conditions established in the laws and regulations of the coastal State.
These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of
remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of
financing, equipment and technology relating to the fishing industry;
(b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks
or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a
specified period;
(c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of
fishing vessels that may be used;
(d) fixing the age and size of fish and other species that may be caught;
(e) specifying information required of fishing vessels, including catch and effort statistics and vessel position
reports;
(f) requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research
programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples
and reporting of associated scientific data;
(g) the placing of observers or trainees on board such vessels by the coastal State;
(h) the landing of all or any part of the catch by such vessels in the ports of the coastal State;
(i) terms and conditions relating to joint ventures or other co-operative arrangements;
(j) requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the
coastal State's capability of undertaking fisheries research;
(k) enforcement procedures.
5. Coastal States shall give due notice of conservation and management laws and regulations.
2. Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an
area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area
shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures
necessary for the conservation of these stocks in the adjacent area.
2. The provisions of paragraph 1 apply in addition to the other provisions of this Part.
2. The State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate
regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for
fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to
in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive
economic zones, except in cases where this provision would result in economic dislocation for a State other than the
State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned
shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due
regard to the conservation requirements and the needs of the State of origin in respect of these stocks.
(b) The State of origin shall co-operate in minimizing economic dislocation in such other States fishing these stocks,
taking into account the normal catch and the mode of operations of such States, and all the areas in which such
fishing has occurred.
(c) States referred to in subparagraph (b), participating by agreement with the State of origin in measures to renew
anadromous stocks, particularly by expenditures for that purpose, shall be given special consideration by the State of
origin in the harvesting of stocks originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone shall be by
agreement between the State of origin and the other States concerned.
4. In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive
economic zone of a State other than the State of origin, such State shall co-operate with the State of origin with
regard to the conservation and management of such stocks.
5. The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the
implementation of the provisions of this article, where appropriate, through regional organizations.
2. Harvesting of catadromous species shall be conducted only in waters landward of the outer limits of exclusive
economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this article and the
other provisions of this Convention concerning fishing in these zones.
3. In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as
juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement
between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational
management of the species and take into account the responsibilities of the State mentioned in paragraph I for the
maintenance of these species.
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:
(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;
(b) the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is
entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living
resources of the exclusive economic zones of other coastal States;
(c) the extent to which other land-locked States and geographically disadvantaged States are participating in the
exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to
avoid a particular burden for any single coastal State or a part of it;
(d) the nutritional needs of the populations of the respective States.
3. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire
allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned
shall co-operate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow
for participation of developing land-locked States of the same subregion or region in the exploitation of the living
resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the
circumstances and on terms satisfactory to all parties.
In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account.
4. Developed land-locked States shall, under the provisions of this article, be entitled to participate in the
exploitation of living resources only in the exclusive economic zones of developed coastal States of the same
subregion or region having regard to the extent to which the coastal State, in giving access to other States to the
living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on
fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.
5. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the
coastal States may grant to land-locked States of the same subregion or region equal or preferential rights for the
exploitation of the living resources in the exclusive economic zones.
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:
(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is
participating or is entitled to participate under existing bilateral, subregional or regional agreements in the
exploitation of living resources of the exclusive economic zones of other coastal States;
(c) the extent to which other geographically disadvantaged States and landlocked States are participating in the
exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to
avoid a particular burden for any single coastal State or a part of it;
(d) the nutritional needs of the populations of the respective States.
4. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire
allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned
shall co-operate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow
for participation of developing geographically disadvantaged States of the same subregion or region in the
exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as
may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this
provision the factors mentioned in paragraph 3 shall also be taken into account.
5. Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate
in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same
subregion or region having regard to the extent to which the coastal State, in giving access to other States to the
living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on
fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.
6. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the
coastal States may grant to geographically disadvantaged States of the same subregion or region equal or
preferential rights for the exploitation of the living resources in the exclusive economic zones.
2. The foregoing provision does not preclude the States concerned from obtaining technical or financial assistance
from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1.
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.
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 co-
operation, 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.
2. The coastal State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a
copy of each such chart or list with the Secretary-General of the United Nations.
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 sea-bed 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. (a) For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin
wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial
sea is measured, by either:
(i) a line delineated in accordance with paragraph 7 by reference to the outermost fixed points at each of which the
thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the
continental slope; or (ii) a line delineated in accordance with paragraph 7 by reference to fixed points not more than
60 nautical miles from the foot of the continental slope.
(b) In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of
maximum change in the gradient at its base.
5. The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed, drawn in
accordance with paragraph 4 (a)(i) and (ii), either shall not exceed 350 nautical miles from the baselines from which
the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath,
which is a line connecting the depth of 2,500 metres.
6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall
not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. This
paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its
plateaux, rises, caps, banks and spurs.
7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200
nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not
exceeding 60 nautical miles in length, connecting fixed points, defined by coordinates of latitude and longitude.
8. Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of
the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission
shall make recommendations to coastal States on matters related to the establishment of the outer limits of their
continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations shall
be final and binding.
9. The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information,
including geodetic data, permanently describing the outer limits of its continental shelf. The Secretary-General shall
give due publicity thereto.
10. The provisions of this article are without prejudice to the question of delimitation of the continental shelf
between States with opposite or adjacent coasts.
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 sea-bed
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 sea-bed or are unable to move except in constant physical
contact with the sea-bed or the subsoil.
2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any
unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this
Convention.
2. Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its
natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not
impede the laying or maintenance of such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of
the coastal State.
4. Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its
territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the
exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations
and structures under its jurisdiction.
5. When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position.
In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.
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.
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 co-
operation, 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.
2. The coastal State shall give due publicity to such charts or lists of graphical co-ordinates 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.
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:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations permitted under international law, subject to Part
VI;
(e) freedom of fishing, subject to the conditions laid down in section 2;
(f) freedom of scientific research, subject to Parts VI and XIII.
2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of
the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities
in the Area.
2. Every State shall issue to ships to which it has granted the right to ny its flag documents to that effect.
2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any
of the nationalities in question with respect to any other State, and may be assimilated to a ship without
nationality.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are
excluded from generally accepted international regulations on account of their small size;
and (b) assume jurisdiction under its internal law over each ship flying its nag and its master, officers and crew in
respect of administrative, technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard,
inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international
instruments;
(c) the use of signals, the maintenance of communications and the prevention of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of
ships, and has on board such charts, nautical publications and navigational equipment and instruments as are
appropriate for the safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification
and numbers for the type, size, machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe
the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the
prevention, reduction and control of marine pollution, and the maintenance of communications by radio.
5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted
international regulations, procedures and practices and to take any steps which may be necessary to secure their
observance.
6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been
exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the
matter and, if appropriate, take any action necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine
casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious
injury to nationals of another State or serious damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State
into any such marine casualty or incident of navigation.
2. In disciplinary matters, the State which has issued a master's certificate or a certificate of competence or licence
shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the
holder is not a national of the State which issued them.
3. No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other
than those of the flag State.
(a) to render assistance to any person found at sea in danger of being lost;
(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so
far as such action may reasonably be expected of him;
(c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform
the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.
2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective
search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of
mutual regional arrangements co-operate with neighbouring States for this purpose.
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a
pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
2. Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in
narcotic drugs or psychotropic substances may request the co-operation of other States to suppress such traffic.
2. For the purposes of this Convention, "unauthorized broadcasting" means the transmission of sound radio or
television broadcasts from a ship or installation on the high seas intended for reception by the general public
contrary to international regulations, but excluding the transmission of distress calls.
3. Any person engaged in unauthorized broadcasting may be prosecuted before the court of:
(a) the flag State of the ship;
(b) the State of registry of the installation;
(c) the State of which the person is a national;
(d) any State where the transmissions can be received; or (e) any State where authorized radio communication is
suffering interference.
4. On the high seas, a State having jurisdiction in accordance with paragraph 3 may, in conformity with article Article 110 ,
arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus.
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article
109;
(d) the ship is without nationality; or (e) though flying a foreign flag or refusing to show its flag, the ship is, in
reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this
end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the
documents have been checked, it may proceed to a further examination on board the ship, which must be carried out
with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying
them, it shall be compensated for any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being
on government service.
2. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the
continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the
coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf,
including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third
State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as
may be available that the ship pursued or one of its boats or other craft working as a team and using the ship
pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone
or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or
auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly
marked and identifiable as being on government service and authorized to that effect.
6. Where hot pursuit is effected by an aircraft:
(a) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis, (b) the aircraft giving the order to stop must
itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to
take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside
the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not
both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without
interruption.
7. The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes
of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course
of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances
rendered this necessary.
8. Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the
exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby
sustained.
2. Article 79, paragraph 5, applies to such cables and pipelines.
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 .
(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal States provided for, inter alia, in article 63, paragraph 2, and
articles 64 to 67; and (c) the provisions of this section.
(a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or
restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by
relevant environmental and economic factors, including the special requirements of developing States, and taking
into account fishing patterns, the interdependence of stocks and any generally recommended international minimum
standards, whether subregional, regional or global;
(b) take into consideration the effects on species associated with or dependent upon harvested species with a view to
maintaining or restoring populations of such associated or dependent species above levels at which their reproduction
may become seriously threatened.
2. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of
fish stocks shall be contributed and exchanged on a regular basis through competent international organizations,
whether subregional, regional or global, where appropriate and with participation by all States concerned.
3. States concerned shall ensure that conservation measures and their implementation do not discriminate in form or
in fact against the fishermen of any State.
2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and
the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to
other land territory.
3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic
zone or continental shelf.
(a) to co-ordinate the management, conservation, exploration and exploitation of the living resources of the sea;
(b) to co-ordinate the implementation of their rights and duties with respect to the protection and preservation of the
marine environment;
(c) to co-ordinate their scientific research policies and undertake where appropriate joint programmes of scientific
research in the area;
(d) to invite, as appropriate, other interested States or international organizations to co-operate with them in
furtherance of the provisions of this article.
Part X
(a) "land-locked State" means a State which has no sea-coast;
(b) "transit State" means a State, with or without a sea-coast, situated between a land-locked State and the sea,
through whose territory traffic in transit passes;
(c) "traffic in transit" means transit of persons, baggage, goods and means of transport across the territory of one or
more transit States, when the passage across such territory, with or without trans-shipment, warehousing, breaking
bulk or change in the mode of transport, is only a portion of a complete journey which begins or terminates within
the territory of the land-locked State;
(d) "means of transport" means:
(i) railway rolling stock, sea, lake and river craft and road vehicles;
(ii) where local conditions so require, porters and pack animals.
2. Land-locked States and transit States may, by agreement between them, include as means of transport pipelines
and gas lines and means of transport other than those included in paragraph 1.
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.
2. Means of transport in transit and other facilities provided for and used by land-locked States shall not be subject to
taxes or charges higher than those levied for the use of means of transport of the transit State.
2. Should such delays or difficulties occur, the competent authorities of the transit States and land-locked States
concerned shall co-operate towards their expeditious elimination.
(a) "resources" means all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the sea-bed,
including polymetallic nodules;
(b) resources, when recovered from the Area, are referred to as "minerals".
2. Activities in the Area shall be governed by the provisions of this Part.
3. The requirements concerning deposit of, and publicity to be given to, the charts or lists of geographical co-
ordinates showing the limits referred to in article 1, paragraph 1 (1), are set forth in Part VI.
4. Nothing in this article affects the establishment of the outer limits of the continental shelf in accordance with Part
VI or the validity of agreements relating to delimitation between States with opposite or adjacent coasts.
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.
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.
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).
2. Consultations, including a system of prior notification, shall be maintained with the State concerned, with a view
to avoiding infringement of such rights and interests. In cases where activities in the Area may result in the
exploitation of resources lying within national jurisdiction, the prior consent of the coastal State concerned shall be
required.
3. Neither this Part nor any rights granted or exercised pursuant thereto shall affect the rights of coastal States to take
such measures consistent with the relevant provisions of Part XII as may be necessary to prevent, mitigate or
eliminate grave and imminent danger to their coastline, or related interests from pollution or threat thereof or from
other hazardous occurrences resulting from or caused by any activities in the Area.
2. The Authority may carry out marine scientific research concerning the Area and its resources, and may enter into
contracts for that purpose. The Authority shall promote and encourage the conduct of marine scientific research in
the Area, and shall co-ordinate and disseminate the results of such research and analysis when available.
3. States Parties may carry out marine scientific research in the Area.
States Parties shall promote international co-operation in marine scientific research in the Area by:
(a) participating in international programmes and encouraging co-operation in marine scientific research by personnel
of different countries and of the Authority;
(b) ensuring that programmes are developed through the Authority or other international organizations as appropriate
for the benefit of developing States and technologically less developed States with a view to:
(i) strengthening their research capabilities;
(ii) training their personnel and the personnel of the Authority in the techniques and applications of research;
(iii) fostering the employment of their qualified personnel in research in the Area;
(c) effectively disseminating the results of research and analysis when available, through the Authority or other
international channels when appropriate.
(a) to acquire technology and scientific knowledge relating to activities in the Area; and (b) to promote and
encourage the transfer to developing States of such technology and scientific knowledge so that all States Parties
benefit therefrom.
2. To this end the Authority and States Parties shall co.operate in promoting the transfer of technology and scientific
knowledge relating to activities in the Area so that the Enterprise and all States Parties may benefit therefrom. In
particular they shall initiate and promote:
(a) programmes for the transfer of technology to the Enterprise and to developing States with regard to activities in
the Area, including, inter alia, facilitating the access of the Enterprise and of developing States to the relevant
technology, under fair and reasonable terms and conditions;
(b) measures directed towards the advancement of the technology of the Enterprise and the domestic technology of
developing States, particularly by providing opportunities to personnel from the Enterprise and from developing
States for training in marine science and technology and for their full participation in activities in the Area.
(a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the
coastline, and of interference with the ecological balance of the marine environment, particular attention being paid
to the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste,
construction and operation or maintenance of installations, pipelines and other devices related to such activities;
(b) the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and
fauna of the marine environment.
2. Installations used for carrying out activities in the Area shall be subject to the following conditions:
(a) such installations shall be erected, emplaced and removed solely in accordance with this Part and subject to the
rules, regulations and procedures of the Authority. Due notice must be given of the erection, emplacement and
removal of such installations, and permanent means for giving warning of their presence must be maintained;
(b) such installations may not be established where interference may be caused to the use of recognized sea lanes
essential to international navigation or in areas of intense fishing activity;
(c) safety zones shall be established around such installations with appropriate markings to ensure the safety of both
navigation and the installations. The configuration and location of such safety zones shall not be such as to form a
belt impeding the lawful access of shipping to particular maritime zones or navigation along international sea
lanes;
(d) such installations shall be used exclusively for peaceful purposes;
(e) such installations do not possess the status of islands. They have no territorial sea of their own, and their presence
does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
3. Other activities in the marine environment shall be conducted with reasonable regard for activities in the Area.
(a) the development of the resources of the Area;
(b) orderly, safe and rational management of the resources of the Area, including the efficient conduct of activities in
the Area and, in accordance with sound principles of conservation, the avoidance of unnecessary waste;
(c) the expansion of opportunities for participation in such activities consistent in particular with articles 144 and 148;
(d) participation in revenues by the Authority and the transfer of technology to the Enterprise and developing States
as provided for in this Convention;
(e) increased availability of the minerals derived from the Area as needed in conjunction with minerals derived from
other sources, to ensure supplies to consumers of such minerals;
(f) the promotion of just and stable prices remunerative to producers and fair to consumers for minerals derived both
from the Area and from other sources, and the promotion of long-term equilibrium between supply and demand;
(g) the enhancement of opportunities for all States Parties, irrespective of their social and economic systems or
geographical location, to participate in the development of the resources of the Area and the prevention of
monopolization of activities in the Area;
(h) the protection of developing countries from adverse effects on their economies or on their export earnings
resulting from a reduction in the price of an affected mineral, or in the volume of exports of that mineral, to the
extent that such reduction is caused by activities in the Area, as provided in article 151;
(i) the development of the common heritage for the benefit of mankind as a whole; and (j) conditions of access to
markets for the imports of minerals produced from the resources of the Area and for imports of commodities
produced from such minerals shall not be more favourable than the most favourable applied to imports from other
sources.
All States Parties shall co-operate to this end.
(b) The Authority shall have the right to participate in any commodity conference dealing with those commodities
and in which all interested parties including both producers and consumers participate. The Authority shall have the
right to become a party to any arrangement or agreement resulting from such conferences. Participation of the
Authority in any organs established under those arrangements or agreements shall be in respect of production in the
Area and in accordance with the relevant rules of those organs.
(c) The Authority shall carry out its obligations under the arrangements or agreements referred to in this paragraph in
a manner which assures a uniform and non-discriminatory implementation in respect of all production in the Area of
the minerals concerned. In doing so, the Authority shall act in a manner consistent with the terms of existing
contracts and approved plans of work of the Enterprise.
2. (a) During the interim period specified in paragraph 3, commercial production shall not be undertaken pursuant to
an approved plan of work until the operator has applied for and has been issued a production authorization by the
Authority. Such production authorizations may not be applied for or issued more than five years prior to the planned
commencement of commercial production under the plan of work unless, having regard to the nature and timing of
project development, the rules, regulations and procedures of the Authority prescribe another period.
(b) In the application for the production authorization, the operator shall specify the annual quantity of nickel
expected to be recovered under the approved plan of work. The application shall include a schedule of expenditures
to be made by the operator after he has received the authorization which are reasonably calculated to allow him to
begin commercial production on the date planned.
(c) For the purposes of subparagraphs (a) and (b), the Authority shall establish appropriate performance requirements
in accordance with Annex III, article 17.
(d) The Authority shall issue a production authorization for the level of production applied for unless the sum of that
level and the levels already authorized exceeds the nickel production ceiling, as calculated pursuant to paragraph 4 in
the year of issuance of the authorization, during any year of planned production falling within the interim period.
(e) When issued, the production authorization and approved application shall become a part of the approved plan of
work.
(f) If the operator's application for a production authorization is denied pursuant to subparagraph (d), the operator
may apply again to the Authority at any time.
3. The interim period shall begin five years prior to 1 January of the year in which the earliest commercial
production is planned to commence under an approved plan of work. If the earliest commercial production is
delayed beyond the year originally planned, the beginning of the interim period and the production ceiling
originally calculated shall be adjusted accordingly.
The interim period shall last 25 years or until the end of the Review Conference referred to in article 155 or until the
day when such new arrangements or agreements as are referred to in paragraph 1 enter into force, whichever is
earliest. The Authority shall resume the power provided in this article for the remainder of the interim period if the
said arrangements or agreements should lapse or become ineffective for any reason whatsoever.
4. (a) The production ceiling for any year of the interim period shall be the sum of:
(i) the difference between the trend line values for nickel consumption as calculated pursuant to subparagraph (b), for
the year immediately prior to the year of the earliest commercial production and the year immediately prior to the
commencement of the interim period; and (ii) sixty per cent of the difference between the trend line values for nickel
consumption, as calculated pursuant to subparagraph (b), for the year for which the production authorization is being
applied for and the year immediately prior to the year of the earliest commercial production.
(b) For the purposes of subparagraph (a):
(i) trend line values used for computing the nickel production ceiling shall be those annual nickel consumption values
on a trend line computed during the year in which a production authorization is issued. The trend line shall be derived
from a linear regression of the logarithms of actual nickel consumption for the most recent 15-year period for which
such data are available, time being the independent variable. This trend line shall be referred to as the original trend
line;
(ii) if the annual rate of increase of the original trend line is less than 3 per cent, then the trend line used to
determine the quantities referred to in subparagraph (a) shall instead be one passing through the original trend line at
the value for the first year of the relevant 15-year period, and increasing at 3 per cent annually; provided however
that the production ceiling established for any year of the interim period may not in any case exceed the difference
between the original trend line value for that year and the original trend line value for the year immediately prior to
the commencement of the interim period.
5. The Authority shall reserve to the Enterprise for its initial production a quantity of 38,000 metric tonnes of nickel
from the available production ceiling calculated pursuant to paragraph 4.
6. (a) An operator may in any year produce less than or up to 8 per cent more than the level of annual production of
minerals from polymetallic nodules specified in his production authorization, provided that the over-all amount of
production shall not exceed that specified in the authorization. Any excess over 8 per cent and up to 20 per cent in
any year, or any excess in the first and subsequent years following two consecutive years in which excesses occur,
shall be negotiated with the Authority, which may require the operator to obtain a supplementary production
authorization to cover additional production.
(b) Applications for such supplementary production authorizations shall be considered by the Authority only after all
pending applications by operators who have not yet received production authorizations have been acted upon and due
account has been taken of other likely applicants. The Authority shall be guided by the principle of not exceeding the
total production allowed under the production ceiling in any year of the interim period. It shall not authorize the
production under any plan of work of a quantity in excess of 46,500 metric tonnes of nickel per year.
7. The levels of production of other metals such as copper, cobalt and manganese extracted from the polymetallic
nodules that are recovered pursuant to a production authorization should not be higher than those which would have
been produced had the operator produced the maximum level of nickel from those nodules pursuant to this article.
The Authority shall establish rules, regulations and procedures pursuant to Annex III, article 17, to implement this
paragraph.
8. Rights and obligations relating to unfair economic practices under relevant multilateral trade agreements shall
apply to the exploration for and exploitation of minerals from the Area. In the settlement of disputes arising under
this provision, States Parties which are Parties to such multilateral trade agreements shall have recourse to the
dispute settlement procedures of such agreements.
9. The Authority shall have the power to limit the level of production of minerals from the Area, other than minerals
from polymetallic nodules, under such conditions and applying such methods as may be appropriate by adopting
regulations in accordance with article 161, paragraph 8.
10. Upon the recommendation of the Council on the basis of advice from the Economic Planning Commission, the
Assembly shall establish a system of compensation or take other measures of economic adjustment assistance
including co-operation with specialized agencies and other international organizations to assist developing countries
which suffer serious adverse effects on their export earnings or economies resulting from a reduction in the price of
an affected mineral or in the volume of exports of that mineral, to the extent that such reduction is caused by
activities in the Area. The Authority on request shall initiate studies on the problems of those States which are likely
to be most seriously affected with a view to minimizing their difficulties and assisting them in their economic
adjustment.
2. Nevertheless, special consideration for developing States, including particular consideration for the land-locked
and geographically disadvantaged among them, specifically provided for in this Part shall be permitted.
2. Activities in the Area shall be carried out as prescribed in paragraph 3:
(a) by the Enterprise, and (b) in association with the Authority 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, when sponsored by such States, or any group of the foregoing which meets the requirements provided in
this Part and in Annex III.
3. Activities in the Area shall be carried out in accordance with a formal written plan of work drawn up in
accordance with Annex III and approved by the Council after review by the Legal and Technical Commission. In the
case of activities in the Area carried out as authorized by the Authority by the entities specified in paragraph 2(b),
the plan of work shall, in accordance with Annex III, article 3, be in the form of a contract. Such contracts may
provide for joint arrangements in accordance with Annex III, article 11.
4. The Authority shall exercise such control over activities in the Area as is necessary for the purpose of securing
compliance with the relevant provisions of this Part and the Annexes relating thereto, and the rules, regulations and
procedures of the Authority, and the plans of work approved in accordance with paragraph 3. States Parties shall
assist the Authority by taking all measures necessary to ensure such compliance in accordance with article 139.
5. The Authority shall have the right to take at any time any measures provided for under this Part to ensure
compliance with its provisions and the exercise of the functions of control and regulation assigned to it thereunder
or under any contract. The Authority shall have the right to inspect all installations in the Area used in connection
with activities in the Area.
6. A contract under paragraph 3 shall provide for security of tenure.
Accordingly, the contract shall not be revised, suspended or terminated except in accordance with Annex III, articles
18 and 19.
(a) whether the provisions of this Part which govern the system of exploration and exploitation of the resources of the
Area have achieved their aims in all respects, including whether they have benefited mankind as a whole;
(b) whether, during the 15-year period, reserved areas have been exploited in an effective and balanced manner in
comparison with non-reserved areas;
(c) whether the development and use of the Area and its resources have been undertaken in such a manner as to foster
healthy development of the world economy and balanced growth of international trade;
(d) whether monopolization of activities in the Area has been prevented;
(e) whether the policies set forth in articles 150 and 151 have been fulfilled; and (f) whether the system has resulted
in the equitable sharing of benefits derived from activities in the Area, taking into particular consideration the
interests and needs of the developing States.
2. The Review Conference shall ensure the maintenance of the principle of the common heritage of mankind, the
international regime designed to ensure equitable exploitation of the resources of the Area for the benefit of all
countries, especially the developing States, and an Authority to organize, conduct and control activities in the Area.
It shall also ensure the maintenance of the principles laid down in this Part with regard to the exclusion of claims or
exercise of sovereignty over any part of the Area, the rights of States and their general conduct in relation to the
Area, and their participation in activities in the Area in conformity with this Convention, the prevention of
monopolization of activities in the Area, the use of the Area exclusively for peaceful purposes, economic aspects of
activities in the Area, marine scientific research, transfer of technology, protection of the marine environment,
protection of human life, rights of coastal States, the legal status of the waters superjacent to the Area and that of the
air space above those waters and accommodation between activities in the Area and other activities in the marine
environment.
3. The decision-making procedure applicable at the Review Conference shall be the same as that applicable at the
Third United Nations Conference on the Law of the Sea. The Conference shall make every effort to reach
agreement on any amendments by way of consensus and there should be no voting on such matters until all efforts at
achieving consensus have been exhausted.
4. If, five years after its commencement, the Review Conference has not reached agreement on the system of
exploration and exploitation of the resources of the Area, it may decide during the ensuing 12 months, by a three-
fourths majority of the States Parties, to adopt and submit to the States Parties for ratification or accession such
amendments changing or modifying the system as it determines necessary and appropriate. Such amendments shall
enter into force for all States Parties 12 months after the deposit of instruments of ratification or accession by three
fourths of the States Parties.
5. Amendments adopted by the Review Conference pursuant to this article shall not affect rights acquired under
existing contracts.
2. All States Parties are ipso facto members of the Authority.
3. Observers at the Third United Nations Conference on the Law of the Sea who have signed the Final Act and who
are not referred to in article 305, paragraph 1 (c), (d), (e) or (f), shall have the right to participate in the Authority as
observers, in accordance with its rules, regulations and procedures.
4. The seat of the Authority shall be in Jamaica.
5. The Authority may establish such regional centres or offices as it deems necessary for the exercise of its
functions.
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.
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.
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.
10. Upon a written request addressed to the President and sponsored by at least one fourth of the members of the
Authority for an advisory opinion on the conformity with this Convention of a proposal before the Assembly on any
matter, the Assembly shall request the Sea-Bed Disputes Chamber of the International Tribunal for the Law of the
Sea to give an advisory opinion thereon and shall defer voting on that proposal pending receipt of the advisory
opinion by the Chamber. If the advisory opinion is not received before the final week of the session in which it is
requested, the Assembly shall decide when it will meet to vote upon the deferred proposal.
2. In addition, the powers and functions of the Assembly shall be:
(a) to elect the members of the Council in accordance with article 161;
(b) to elect the Secretary-General from among the candidates proposed by the Council;
(c) to elect, upon the recommendation of the Council, the members of the Governing Board of the Enterprise and the
Director-General of the Enterprise;
(d) to establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this
Part. In the composition of these subsidiary organs due account shall be taken of the principle of equitable
geographical distribution and of special interests and the need for members qualified and competent in the relevant
technical questions dealt with by such organs;
(e) to assess the contributions of members to the administrative budget of the Authority in accordance with an agreed
scale of assessment based upon the scale used for the regular budget of the United Nations until the Authority shall
have sufficient income from other sources to meet its administrative expenses;
(f) (i) to consider and approve, upon the recommendation of the Council the rules, regulations and procedures on the
equitable sharing of financial and other economic benefits derived from activities in the Area and the payments and
contributions made pursuant to article 82, taking into particular consideration the interests and needs of developing
States and peoples who have not attained full independence or other self-governing status. If the Assembly does not
approve the recommendations of the Council, the Assembly shall return them to the Council for reconsideration in
the light of the views expressed by the Assembly;
(ii) to consider and approve the rules, regulations and procedures of the Authority, and any amendments thereto,
provisionally adopted by the Council pursuant to article 162, paragraph 2 (o)(ii). These rules, regulations and
procedures shall relate to prospecting, exploration and exploitation in the Area, the financial management and
internal administration of the Authority, and, upon the recommendation of the Governing Board of the Enterprise, to
the transfer of funds from the Enterprise to the Authority;
(g) to decide upon the equitable sharing of financial and other economic benefits derived from activities in the Area,
consistent with this Convention and the rules, regulations and procedures of the Authority;
(h) to consider and approve the proposed annual budget of the Authority submitted by the Council;
(i) to examine periodic reports from the Council and from the Enterprise and special reports requested from the
Council or any other organ of the Authority;
(j) to initiate studies and make recommendations for the purpose of promoting international co-operation concerning
activities in the Area and encouraging the progressive development of international law relating thereto and its
codification;
(k) to consider problems of a general nature in connection with activities in the Area arising in particular for
developing States, as well as those problems for States in connection with activities in the Area that are due to their
geographical location, particularly for land-locked and geographically disadvantaged States;
(l) to establish, upon the recommendation of the Council, on the basis of advice from the Economic Planning
Commission, a system of compensation or other measures of economic adjustment assistance as provided in article
151, paragraph 10;
(m) to suspend the exercise of rights and privileges of membership pursuant to article 185;
(n) to discuss any question or matter within the competence of the Authority and to decide as to which organ of the
Authority shall deal with any such question or matter not specifically entrusted to a particular organ, consistent with
the distribution of powers and functions among the organs of the Authority.
(a) four members from among those States Parties which, during the last five years for which statistics are available,
have either consumed more than 2 per cent of total world consumption or have had net imports of more than 2 per
cent of total world imports of the commodities produced from the categories of minerals to be derived from the Area,
and in any case one State from the Eastern European (Socialist) region, as well as the largest consumer;
(b) four members from among the eight States Parties which have the largest investments in preparation for and in
the conduct of activities in the Area, either directly or through their nationals, including at least one State from the
Eastern European (Socialist) region;
(c) four members from among States Parties which on the basis of production in areas under their jurisdiction are
major net exporters of the categories of minerals to be derived from the Area, including at least two developing States
whose exports of such minerals have a substantial bearing upon their economies;
(d) six members from among developing States Parties, representing special interests. The special interests to be
represented shall include those of States with large populations, States which are land-locked or geographically
disadvantaged, States which are major importers of the categories of minerals to be derived from the Area, States
which are potential producers of such minerals, and least developed States;
(e) eighteen members elected according to the principle of ensuring an equitable geographical distribution of seats in
the Council as a whole, provided that each geographical region shall have at least one member elected under this
subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern European (Socialist), Latin
America and Western European and Others.
2. In electing the members of the Council in accordance with paragraph 1, the Assembly shall ensure that:
(a) land-locked and geographically disadvantaged States are represented to a degree which is reasonably
proportionate to their representation in the Assembly;
(b) coastal States, especially developing States, which do not qualify under paragraph 1 (a), (b), (c) or (d) are
represented to a degree which is reasonably proportionate to their representation in the Assembly;
(c) each group of States Parties to be represented on the Council is represented by those members, if any, which are
nominated by that group.
3. Elections shall take place at regular sessions of the Assembly. Each member of the Council shall be elected for
four years. At the first election, however, the term of one half of the members of each group referred to in paragraph
1 shall be two years.
4. Members of the Council shall be eligible for re-election, but due regard should be paid to the desirability of
rotation of membership.
5. The Council shall function at the seat of the Authority, and shall meet as often as the business of the Authority
may require, but not less than three times a year.
6. A majority of the members of the Council shall constitute a quorum.
7. Each member of the Council shall have one vote.
8. (a) Decisions on questions of procedure shall be taken by a majority of the members present and voting.
(b) Decisions on questions of substance arising under the following provisions shall be taken by a two-thirds majority
of the members present and voting, provided that such majority includes a majority of the members of the Council:
article 162, paragraph 2, subparagraphs (f); (g); (h); (i); (n); (p); (v); article 191.
(c) Decisions on questions of substance arising under the following provisions shall be taken by a three-fourths
majority of the members present and voting, provided that such majority includes a majority of the members of the
Council: article 162, paragraph 1; article 162, paragraph 2, subparagraphs (a); (b); (c); (d); (e); (I); (q); (r);
(s); (t); (u) in cases of non-compliance by a contractor or a sponsor; (w) provided that orders issued thereunder may
be binding for not more than 30 days unless confirmed by a decision taken in accordance with subparagraph (d);
article 162, paragraph 2, subparagraphs (x); (y); (z); article 163, paragraph 2; article 174, paragraph 3; Annex IV,
article 11.
(d) Decisions on questions of substance arising under the following provisions shall be taken by consensus: article
162, paragraph 2(m) and (o); adoption of amendments to Part XI.
(e) For the purposes of subparagraphs (d), (f) and (g), "consensus" means the absence of any formal objection.
Within 14 days of the submission of a proposal to the Council, the President of the Council shall determine whether
there would be a formal objection to the adoption of the proposal. If the President determines that there would be
such an objection, the President shall establish and convene, within three days following such determination, a
conciliation committee consisting of not more than nine members of the Council, with the President as chairman, for
the purpose of reconciling the differences and producing a proposal which can be adopted by consensus. The
committee shall work expeditiously and report to the Council within 14 days following its establishment. If the
committee is unable to recommend a proposal which can be adopted by consensus, it shall set out in its report the
grounds on which the proposal is being opposed.
(f) Decisions on questions not listed above which the Council is authorized to take by the rules, regulations and
procedures of the Authority or otherwise shall be taken pursuant to the subparagraphs of this paragraph specified in
the rules, regulations and procedures or, if not specified therein, then pursuant to the subparagraph determined by the
Council if possible in advance, by consensus.
(g) When the issue arises as to whether a question is within subparagraph (a), (b), (c) or (d), the question shall be
treated as being within the subparagraph requiring the higher or highest majority or consensus as the case may be,
unless otherwise decided by the Council by the said majority or by consensus.
9. The Council shall establish a procedure whereby a member of the Authority not represented on the Council may
send a representative to attend a meeting of the Council when a request is made by such member, or a matter
particularly affecting it is under consideration. Such a representative shall be entitled to participate in the
deliberations but not to vote.
2. In addition, the Council shall:
(a) supervise and co-ordinate the implementation of the provisions of this Part on all questions and matters within the
competence of the Authority and invite the attention of the Assembly to cases of non-compliance;
(b) propose to the Assembly a list of candidates for the election of the Secretary-General;
(c) recommend to the Assembly candidates for the election of the members of the Governing Board of the Enterprise
and the Director-General of the Enterprise;
(d) establish, as appropriate, and with due regard to economy and efficiency, such subsidiary organs as it finds
necessary for the exercise of its functions in accordance with this Part. In the composition of subsidiary organs,
emphasis shall be placed on the need for members qualified and competent in relevant technical matters dealt with by
those organs provided that due account shall be taken of the principle of equitable geographical distribution and of
special interests;
(e) adopt its rules of procedure including the method of selecting its president;
(f) enter into agreements with the United Nations or other international organizations on behalf of the Authority and
within its competence, subject to approval by the Assembly;
(g) consider the reports of the Enterprise and transmit them to the Assembly with its recommendations;
(h) present to the Assembly annual reports and such special reports as the Assembly may request;
(i) issue directives to the Enterprise in accordance with article 170;
(j) approve plans of work in accordance with Annex III, article 6. The Council shall act upon each plan of work
within 60 days of its submission by the Legal and Technical Commission at a session of the Council in accordance
with the following procedures:
(i) if the Commission recommends the approval of a plan of work, it shall be deemed to have been approved by the
Council if no member of the Council submits in writing to the President within 14 days a specific objection alleging
non-compliance with the requirements of Annex III, article 6. If there is an objection, the conciliation procedure set
forth in article 161, paragraph 8(e), shall apply. If, at the end of the conciliation procedure, the objection is still
maintained, the plan of work shall be deemed to have been approved by the Council unless the Council disapproves it
by consensus among its members excluding any State or States making the application or sponsoring the
applicant;
(ii) if the Commission recommends the disapproval of a plan of work or does not make a recommendation, the
Council may approve the plan of work by a three-fourths majority of the members present and voting, provided that
such majority includes a majority of the members participating in the session;
(k) approve plans of work submitted by the Enterprise in accordance with Annex IV, article 12, applying, mutatis
mutandis, the procedures set forth in subparagraph (j);
(l) exercise control over activities in the Area in accordance with article 153, paragraph 4, and the rules, regulations
and procedures of the Authority;
(m) take, upon the recommendation of the Economic Planning Commission, necessary and appropriate measures in
accordance with article 150, subparagraph (h), to provide protection from the adverse economic effects specified
therein;
(n) make recommendations to the Assembly, on the basis of advice from the Economic Planning Commission, for a
system of compensation or other measures of economic adjustment assistance as provided in article 151, paragraph
10;
(o) (i) recommend to the Assembly rules, regulations and procedures on the equitable sharing of financial and other
economic benefits derived from activities in the Area and the payments and contributions made pursuant to article 82,
taking into particular consideration the interests and needs of the developing States and peoples who have not
attained full independence or other self-governing status;
(ii) adopt and apply provisionally, pending approval by the Assembly, the rules, regulations and procedures of the
Authority, and any amendments thereto, taking into account the recommendations of the Legal and Technical
Commission or other subordinate organ concerned.
These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area and the
financial management and internal administration of the Authority. Priority shall be given to the adoption of rules,
regulations and procedures for the exploration for and exploitation of polymetallic nodules. Rules, regulations and
procedures for the exploration for and exploitation of any resource other than polymetallic nodules shall be adopted
within three years from the date of a request to the Authority by any of its members to adopt such rules, regulations
and procedures in respect of such resource. All rules, regulations and procedures shall remain in effect on a
provisional basis until approved by the Assembly or until amended by the Council in the light of any views expressed
by the Assembly;
(p) review the collection of all payments to be made by or to the Authority in connection with operations pursuant to
this Part;
(q) make the selection from among applicants for production authorizations pursuant to Annex III, article 7, where
such selection is required by that provision;
(r) submit the proposed annual budget of the Authority to the Assembly for its approval;
(s) make recommendations to the Assembly concerning policies on any question or matter within the competence of
the Authority;
(t) make recommendations to the Assembly concerning suspension of the exercise of the rights and privileges of
membership pursuant to article 185;
(u) institute proceedings on behalf of the Authority before the Sea-Bed Disputes Chamber in cases of non-
compliance;
(v) notify the Assembly upon a decision by the Sea-Bed Disputes Chamber in proceedings instituted under
subparagraph (u), and make any recommendations which it may find appropriate with respect to measures to be
taken;
(w) issue emergency orders, which may include orders for the suspension or adjustment of operations, to prevent
serious harm to the marine environment arising out of activities in the Area;
(x) disapprove areas for exploitation by contractors or the Enterprise in cases where substantial evidence indicates the
risk of serious harm to the marine environment;
(y) establish a subsidiary organ for the elaboration of draft financial rules, regulations and procedures relating to:
(i) financial management in accordance with articles 171 to 175; and (ii) financial arrangements in accordance with
Annex III, article 13 and article 17, paragraph 1 (c);
(z) establish appropriate mechanisms for directing and supervising a staff of inspectors who shall inspect activities in
the Area to determine whether this Part, the rules, regulations and procedures of the Authority, and the terms and
conditions of any contract with the Authority are being complied with.
(a) an Economic Planning Commission;
(b) a Legal and Technical Commission.
2. Each Commission shall be composed of 15 members, elected by the Council from among the candidates
nominated by the States Parties. However, if necessary, the Council may decide to increase the size of either
Commission having due regard to economy and efficiency.
3. Members of a Commission shall have appropriate qualifications in the area of competence of that Commission.
States Parties shall nominate candidates of the highest standards of competence and integrity with qualifications in
relevant fields so as to ensure the effective exercise of the functions of the Commissions.
4. In the election of members of the Commissions, due account shall be taken of the need for equitable geographical
distribution and the representation of special interests.
5. No State Party may nominate more than one candidate for the same Commission. No person shall be elected to
serve on more than one Commission.
6. Members of the Commissions shall hold office for a term of five years.
They shall be eligible for re-election for a further term.
7. In the event of the death, incapacity or resignation of a member of a Commission prior to the expiration of the
term of office, the Council shall elect for the remainder of the term, a member from the same geographical region or
area of interest.
8. Members of Commissions shall have no financial interest in any activity relating to exploration and exploitation in
the Area. Subject to their responsibilities to the Commissions upon which they serve, 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 duties for the Authority.
9. Each Commission shall exercise its functions in accordance with such guidelines and directives as the Council
may adopt.
10. Each Commission shall formulate and submit to the Council for approval such rules and regulations as may be
necessary for the efficient conduct of the Commission's functions.
11. The decision-making procedures of the Commissions shall be established by the rules, regulations and
procedures of the Authority. Recommendations to the Council shall, where necessary, be accompanied by a
summary on the divergencies of opinion in the Commission.
12. Each Commission shall normally function at the seat of the Authority and shall meet as often as is required for
the efficient exercise of its functions.
13. In the exercise of its functions, each Commission may, where appropriate, consult another commission, any
competent organ of the United Nations or of its specialized agencies or any international organizations with
competence in the subject-matter of such consultation.
2. The Commission shall:
(a) propose, upon the request of the Council, measures to implement decisions relating to activities in the Area taken
in accordance with this Convention;
(b) review the trends of and the factors affecting supply, demand and prices of materials which may be derived from
the Area, bearing in mind the interests of both importing and exporting countries, and in particular of the developing
States among them;
(c) examine any situation likely to lead to the adverse effects referred to in article 150, subparagraph (h), brought to
its attention by the State Party or States Parties concerned, and make appropriate recommendations to the
Council;
(d) propose to the Council for submission to the Assembly, as provided in article 151, paragraph 10, a system of
compensation or other measures of economic adjustment assistance for developing States which suffer adverse
effects caused by activities in the Area. The Commission shall make the recommendations to the Council that are
necessary for the application of the system or other measures adopted by the Assembly in specific cases.
2. The Commission shall:
(a) make recommendations with regard to the exercise of the Authority's functions upon the request of the Council
(b) review formal written plans of work for activities in the Area in accordance with article 153, paragraph 3, and
submit appropriate recommendations to the Council. The Commission shall base its recommendations solely on the
grounds stated in Annex III and shall report fully thereon to the Council;
(c) supervise, upon the request of the Council, activities in the Area, where appropriate, in consultation and
collaboration with any entity carrying out such activities or State or States concerned and report to the Council;
(d) prepare assessments of the environmental implications of activities in the Area;
(e) make recommendations to the Council on the protection of the marine environment, taking into account the views
of recognized experts in that field;
(f) formulate and submit to the Council the rules regulations and procedures referred to in article 162, paragraph 2(o)
taking into account all relevant factors including assessments of the environmental implications of activities in the
Area;
(g) keep such rules, regulations and procedures under review and recommend to the Council from time to time such
amendments thereto as it may deem necessary or desirable;
(h) make recommendations to the Council regarding the establishment of a monitoring programme to observe,
measure evaluate and analyse by recognized scientific methods, on a regular basis, the risks or effects of pollution of
the marine environment resulting from activities in the Area, ensure that existing regulations are adequate and are
complied with and co-ordinate the implementation of the monitoring programme approved by the Council;
(i) recommend to the Council that proceedings be instituted on behalf of the Authority before the Sea-Bed Disputes
Chamber, in accordance with this Part and the relevant Annexes taking into account particularly article 187 ;
(j) make recommendations to the Council with respect to measures to be taken, upon a decision by the Sea-Bed
Disputes Chamber in proceedings instituted in accordance with subparagraph (i);
(k) make recommendations to the Council to issue emergency orders, which may include orders for the suspension or
adjustment of operations, to prevent serious harm to the marine environment arising out of activities in the Area.
Such recommendations shall be taken up by the Council on a priority basis;
(l) make recommendations to the Council to disapprove areas for exploitation by contractors or the Enterprise in
cases where substantial evidence indicates the risk of serious harm to the marine environment;
(m) make recommendations to the Council regarding the direction and supervision of a staff of inspectors who shall
inspect activities in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of
the Authority and the terms and conditions of any contract with the Authority are being complied with;
(n) calculate the production ceiling and issue production authorizations on behalf of the Authority pursuant to article
151, paragraphs 2 to 7, following any necessary selection among applicants for production authorizations by the
Council in accordance with Annex III, article 7.
3. The members of the Commission shall, upon request by any State Party or other party concerned, be accompanied
by a representative of such State or other party concerned when carrying out their function of supervision and
inspection.
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.
2. 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, competence and integrity.
Subject to this consideration, due regard shall be paid to the importance of recruiting the staff on as wide a
geographical basis as possible.
3. The staff shall be appointed by the Secretary-General. The terms and conditions on which they shall be appointed,
remunerated and dismissed shall be in accordance with 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.
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 1 on subjects in which they have special competence and which are related to
the work of the Authority.
2. The Enterprise shall, within the framework of the international legal personality of the Authority, have such legal
capacity as is provided for in the Statute set forth in Annex IV. The Enterprise shall act in accordance with this
Convention and the rules, regulations and procedures of the Authority, as well as the general policies established by
the Assembly, and shall be subject to the directives and control of the Council.
3. The Enterprise shall have its principal place of business at the seat of the Authority.
4. The Enterprise shall, in accordance with article 173, paragraph 2, and Annex IV, article 11, be provided with such
funds as it may require to carry out its functions, and shall receive technology as provided in article 144 and other relevant provisions of this Convention.
(a) assessed contributions made by members of the Authority in accordance with article 160, paragraph 2(e);
(b) funds received by the Authority pursuant to Annex III, article 13, in connection with activities in the Area;
(c) funds transferred from the Enterprise in accordance with Annex IV, article 10;
(d) funds borrowed pursuant to article 174;
(e) voluntary contributions made by members or other entities; and (f) payments to a compensation fund, in
accordance with article 151, paragraph 10, whose sources are to be recommended by the Economic Planning
Commission.
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:
(a) be shared in accordance with article 140 and article 160, paragraph 2(g);
(b) be used to provide the Enterprise with funds in accordance with article 170, paragraph 4;
(c) be used to compensate developing States in accordance with article 151, paragraph 10, and article 160, paragraph
2(1).
2. The Assembly shall prescribe the limits on the borrowing power of the Authority in the financial regulations
adopted pursuant to article 160, paragraph 2(f).
3. The Council shall exercise the borrowing power of the Authority.
4. States Parties shall not be liable for the debts of the Authority.
2. Proprietary data, industrial secrets or similar information and personnel records shall not be placed in archives
which are open to public inspection.
3. With regard to its official communications, the Authority shall be accorded by each State Party treatment no less
favourable than that accorded by that State to other international organizations.
(a) immunity from legal process with respect to acts performed by them in the exercise of their functions, except to
the extent that the State which they represent or the Authority, as appropriate, expressly waives this immunity in a
particular case;
(b) if they are not nationals of that State Party, the same exemptions from immigration restrictions, alien registration
requirements and national service obligations, the same facilities as regards exchange restrictions and the same
treatment in respect of travelling facilities as are accorded by that State to the representatives, officials and employees
of comparable rank of other States Parties.
2. When purchases of goods or services of substantial value necessary for the official activities of the Authority are
made by or on behalf of the Authority, and when the price of such goods or services includes taxes or duties,
appropriate measures shall, to the extent practicable, be taken by States Parties to grant exemption from such taxes or
duties or provide for their reimbursement. Goods imported or purchased under an exemption provided for in this article shall not be sold or otherwise disposed of in the territory of the State Party which granted the exemption,
except under conditions agreed with that State Party.
3. No tax shall be levied by States Parties on or in respect of salaries and emoluments paid or any other form of
payment made by the Authority to the Secretary-General and staff of the Authority, as well as experts performing
missions for the Authority, who are not their nationals.
SUBSECTION H. SUSPENSION OF THE EXERCISE OF RIGHTS
2. No action may be taken under paragraph 1 until the Sea-Bed Disputes Chamber has found that a State Party has
grossly and persistently violated the provisions of this Part.
(a) disputes between States Parties concerning the interpretation or application of this Part and the Annexes relating
thereto;
(b) disputes between a State Party and the Authority concerning:
(i) acts or omissions of the Authority or of a State Party alleged to be in violation of this Part or the Annexes relating
thereto or of rules, regulations and procedures of the Authority adopted in accordance therewith; or (ii) acts of the
Authority alleged to be in excess of jurisdiction or a misuse of power;
(c) disputes between parties to a contract, being States Parties, the Authority or the Enterprise, state enterprises and
natural or juridical persons referred to in article 153, paragraph 2 (b), concerning:
(i) the interpretation or application of a relevant contract or a plan of work; or (ii) acts or omissions of a party to the
contract relating to activities in the Area and directed to the other party or directly affecting its legitimate
interests;
(d) disputes between the Authority and a prospective contractor who has been sponsored by a State as provided in
article 153, paragraph 2 (b), and has duly fulfilled the conditions referred to in Annex III, article 4, paragraph 6, and
article 13, paragraph 2, concerning the refusal of a contract or a legal issue arising in the negotiation of the contract;
(e) disputes between the Authority and a State Party, a state enterprise or a natural or juridical person sponsored by a
State Party as provided for in article 153, paragraph 2(b), where it is alleged that the Authority has incurred liability
as provided in Annex III, article 22;
(f) any other disputes for which the jurisdiction of the Chamber is specifically provided in this Convention.
(a) at the request of the parties to the dispute, to a special chamber of the International Tribunal for the Law of the
Sea to be formed in accordance with Annex VI, articles 15 and 17; or (b) at the request of any party to the dispute, to
an ad hoc chamber of the Sea-Bed Disputes Chamber to be formed in accordance with Annex VI, article 36.
2. (a) Disputes concerning the interpretation or application of a contract referred to in article 187 , subparagraph (c)
(i), shall be submitted, at the request of any party to the dispute, to binding commercial arbitration, unless the parties
otherwise agree. A commercial arbitral tribunal to which the dispute is submitted shall have no jurisdiction to decide
any question of interpretation of this Convention. When the dispute also involves a question of the interpretation of
Part XI and the Annexes relating thereto, with respect to activities in the Area, that question shall be referred to the
Sea-Bed Disputes Chamber for a ruling.
(b) If, at the commencement of or in the course of such arbitration, the arbitral tribunal determines, either at the
request of any party to the dispute or proprio motu, that its decision depends upon a ruling of the Sea-Bed Disputes
Chamber, the arbitral tribunal shall refer such question to the Sea-Bed Disputes Chamber for such ruling. The arbitral
tribunal shall then proceed to render its award in conformity with the ruling of the SeaBed Disputes Chamber.
(c) In the absence of a provision in the contract on the arbitration procedure to be applied in the dispute, the
arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as
may be prescribed in the rules, regulations and procedures of the Authority, unless the parties to the dispute otherwise
agree.
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.
Part II
TERRITORIAL SEA AND CONTIGUOUS ZONE
Section 1. GENERAL PROVISIONS
Article 2
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.
Legal status of the territorial sea, of the air space over the
territorial sea and of its bed and subsoil
Section 2. LIMITS OF THE TERRITORIAL
SEA
Article 3
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles,
measured from baselines determined in accordance with this Convention.
Breadth of the territorial sea
Article 4
The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the
baseline equal to the breadth of the territorial sea.
Outer limit of the territorial sea
Article 5
Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial
sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal
State.
Normal baseline
Article 6
In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of
the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially
recognized by the coastal State.
Reefs
Article 7
1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in
its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the
baseline from which the breadth of the territorial sea is measured.
Straight baselines
Article 8
1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the
internal waters of the State.
Internal waters
Article 9
If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points
on the low-water line of its banks.
Mouths of rivers
Article 10
1. This article relates only to bays the coasts of which belong to a single State.
Bays
Article 11
For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part
of the harbour system are regarded as forming part of the coast. Off-shore installations and artificial islands shall not
be considered as permanent harbour works.
Ports
Article 12
Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise
be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.
Roadsteads
Article 13
1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but
submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the
breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the
baseline for measuring the breadth of the territorial sea.
Low-tide elevations
Article 14
The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit
different conditions.
Combination of methods for determining baselines
Article 15
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing
agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is
equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two
States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or
other special circumstances to delimit the territorial seas of the two States in a way which is at variance
therewith.
Delimitation of the territorial sea
between States with opposite or adjacent coasts
Article 16
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 co-ordinates
of points, specifying the geodetic datum, may be substituted.
Charts and lists of geographical co-ordinates
Section 3. INNOCENT PASSAGE IN THE
TERRITORIAL SEA
SUBSECTION A. RULES APPLICABLE TO
ALL SHIPS
Article 17
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage
through the territorial sea.
Right of innocent passage
Article 18
1. Passage means navigation through the territorial sea for the purpose of:
Meaning of passage
Article 19
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.
Meaning of innocent passage
Article 20
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show
their flag.
Submarines and other underwater vehicles
Article 21
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:
Laws and regulations of the coastal State relating to innocent
passage
Article 22
1. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising
the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may
designate or prescribe for the regulation of the passage of ships.
Sea lanes and traffic separation schemes in the territorial sea
Article 23
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.
Foreign nuclear-powered ships and ships carrying nuclear or
other inherently dangerous or noxious substances
Article 24
1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in
accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations
adopted in conformity with this Convention, the coastal State shall not:
Duties of the coastal State
Article 25
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
Rights of protection of the coastal State
Article 26
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
Charges which may be levied upon foreign ships
Article 27
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board
the ship during its passage, save only in the following cases:
Criminal jurisdiction on board a foreign ship
Article 28
1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of
exercising civil jurisdiction in relation to a person on board the ship.
Civil jurisdiction in relation to foreign ships
SUBSECTION C. RULES APPLICABLE TO
WARSHIPS AND OTHER GOVERNMENT SHIPS
OPERATED FOR NON-COMMERCIAL
PURPOSES
Article 29
For the purposes of this Convention, "warship" means a ship belonging to the armed forces of a State bearing the
external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by
the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by
a crew which is under regular armed forces discipline.
Definition of warships
Article 30
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.
Non-compliance by warships with the laws and
regulations of the coastal State
Article 31
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.
Responsibility of the flag State for damage caused by a
warship or other government ship operated for
non-commercial purposes
Article 32
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.
Immunities of warships and other government ships operated
for non-commercial purposes
Section 4. CONTIGUOUS ZONE
Article 33
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State
may exercise the control necessary to:
Contiguous zone
Part III
STRAITS USED FOR INTERNATIONAL
NAVIGATION Section 1. GENERAL PROVISIONS
Article 34
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.
Legal status of waters forming straits used for
international navigation
Article 35
Nothing in this Part affects:
Scope of this Part
Article 36
This Part does not apply to a strait used for international navigation if there exists through the strait a route through
the high seas or through an exclusive economic zone of similar convenience with respect to navigational and
hydrographical characteristics; in such routes, the other relevant Parts of this Convention, including the provisions
regarding the freedoms of navigation and overflight, apply.
High seas routes or routes through exclusive economic zones
through straits used for international navigation
Section 2. TRANSIT PASSAGE
Article 37
This section applies to straits which are used for international navigation between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic zone.
Scope of this section
Article 38
1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be
impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit
passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive
economic zone of similar convenience with respect to navigational and hydrographical characteristics.
Right of transit passage
Article 39
1. Ships and aircraft, while exercising the right of transit passage, shall:
Duties of ships and aircraft during transit passage
Article 40
During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not
carry out any research or survey activities without the prior authorization of the States bordering straits.
Research and survey activities
Article 41
1. In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation
schemes for navigation in straits where necessary to promote the safe passage of ships.
Sea lanes and traffic separation schemes in straits used for
international navigation
Article 42
1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit
passage through straits, in respect of all or any of the following:
Laws and regulations of States bordering straits
relating to transit passage
Article 43
User States and States bordering a strait should by agreement co-operate:
Navigational and safety aids and other improvements and the
prevention, reduction and control of pollution
Article 44
States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to
navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of
transit passage.
Duties of States bordering straits
Section 3. INNOCENT PASSAGE
Article 45
1. The regime of innocent passage, in accordance with Part II, section 3 shall apply in straits used for international
navigation:
Innocent passage
Part IV
ARCHIPELAGIC STATES
Article 46
For the purposes of this Convention:
Use of terms
Article 47
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.
Archipelagic baselines
Article 48
The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be
measured from archipelagic baselines drawn in accordance with article 47 .
Measurement of the breadth of the territorial sea, the
contiguous zone, the exclusive economic zone and the
continental shelf
Article 49
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.
Legal status of archipelagic waters, of the air space over
archipelagic waters and of their bed and subsoil
Article 50
Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of internal waters,
in accordance with articles 9, 10 and 11.
Delimitation of internal waters
Article 51
1. Without prejudice to Article 49 , an archipelagic State shall respect existing agreements with other States and shall
recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighbouring States in
certain areas falling within archipelagic waters.
Existing agreements, traditional fishing rights and existing
submarine cables
Article 52
1. Subject to Article 53 and without prejudice to article 50 , ships of all States enjoy the right of innocent passage
through archipelagic waters, in accordance with Part II, section 3.
Right of innocent passage
Article 53
1. An archipelagic State may designate sea lanes and air routes thereabove, suitable for the continuous and
expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial
sea.
Right of archipelagic sea lanes passage
Article 54
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanes passage.
Duties of ships and aircraft during their passage, research
and survey activities, duties of the archipelagic State and
laws and regulations of the archipelagic State relating to
archipelagic sea lanes passage Part V
EXCLUSIVE ECONOMIC ZONE
Article 55
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime
established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of
other States are governed by the relevant provisions of this Convention.
Specific legal regime of the exclusive economic zone
Article 56
1. In the exclusive economic zone, the coastal State has:
Rights, jurisdiction and duties of the coastal State in the
exclusive economic zone
Article 57
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.
Breadth of the exclusive economic zone
Article 58
1. In the exclusive economic zone all States, whether coastal or land-locked, enjoy, subject to the relevant provisions
of this Convention, the freedoms referred to in
article 87 of navigation and overflight and of the laying of submarine
cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those
associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other
provisions of this Convention.
Rights and duties of other States
in the exclusive economic zone
Article 59
In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within
the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or
States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking
into account the respective importance of the interests involved to the parties as well as to the international
community as a whole.
Basis for the resolution of conflicts regarding the
attribution of rights and jurisdiction in the exclusive
economic zone
Article 60
1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and
regulate the construction, operation and use of:
Artificial islands, installations and structures in the
exclusive economic zone
Article 61
1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.
Conservation of the living resources
Article 62
1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive
economic zone without prejudice to article 61 .
Utilization of the living resources
Article 63
1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more
coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to
agree upon the measures necessary to co-ordinate and ensure the conservation and development of such stocks
without prejudice to the other provisions of this Part.
Stocks occurring within the exclusive economic zones of two
or more coastal States or both within the exclusive economic
zone and in an area beyond and adjacent to it
Article 64
1. The coastal State and other States whose nationals fish in the region for the highly migratory species listed in
Annex I shall co-operate directly or through appropriate international organizations with a view to ensuring
conservation and promoting the objective of optimum utilization of such species throughout the region, both within
and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the
coastal State and other States whose nationals harvest these species in the region shall co-operate to establish such an
organization and participate in its work.
Highly migratory species
Article 65
Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as
appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this
Part. States shall co-operate with a view to the conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organizations for their conservation, management and
study.
Marine mammals
Article 66
1. States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such
stocks.
Anadromous stocks
Article 67
1. A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have
responsibility for the management of these species and shall ensure the ingress and egress of migrating fish.
Catadromous species
Article 68
This Part does not apply to sedentary species as defined in article 77, paragraph 4.
Sedentary species
Article 69
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.
Right of land-locked States
Article 70
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.
Right of geographically disadvantaged States
Article 71
The provisions of articles 69 and 70 do not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.
Non-applicability of articles 69 and 70
Article 72
1. Rights provided under articles 69 and 70 exploit living resources shall not be directly or indirectly transferred to
third States or their nationals by lease or licence, by establishing joint ventures or in any other manner which has the
effect of such transfer unless otherwise agreed by the States concerned.
Restrictions on transfer of rights
Article 73
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.
Enforcement of laws and regulations of the coastal State
Article 74
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.
Delimitation of the exclusive economic zone between States
with opposite or adjacent coasts
Article 75
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 co-ordinates of points, specifying the geodetic datum, may be substituted
for such outer limit lines or lines of delimitation.
Charts and lists of geographical co-ordinates
Part VI
CONTINENTAL SHELF
Article 76
1. The continental shelf of a coastal State comprises the sea-bed 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.
Definition of the continental shelf
Article 77
1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and
exploiting its natural resources.
Rights of the coastal State over the continental shelf
Article 78
1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or
of the air space above those waters.
Legal status of the superjacent waters and air space and the
rights and freedoms of other States
Article 79
1. All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the
provisions of this article.
Submarine cables and pipelines on the continental shelf
Article 80
Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf.
Artificial islands, installations and structures
on the continental shelf
Article 81
The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all
purposes.
Drilling on the continental shelf
Article 82
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.
Payments and contributions with respect to the exploitation
of the continental shelf beyond 200 nautical miles
Article 83
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.
Delimitation of the continental shelf between States with
opposite or adjacent coasts
Article 84
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 co-ordinates of points, specifying the geodetic datum, may be substituted for such
outer limit lines or lines of delimitation.
Charts and lists of geographical co-ordinates
Article 85
This Part does not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective
of the depth of water above the subsoil.
Tunnelling
Part VII
HIGH SEAS Section 1. GENERAL PROVISIONS
Article 86
The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This article
does not entail any abridgement of the freedoms enjoyed by all States in the exclusive economic zone in accordance
with article 58 .
Application of the provisions of this Part
Article 87
1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas
Article 88
The high seas shall be reserved for peaceful purposes.
Reservation of the high seas for peaceful purposes
Article 89
No State may validly purport to subject any part of the high seas to its sovereignty.
Invalidity of claims of sovereignty over the high seas
Article 90
Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.
Right of navigation
Article 91
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its
territory, and for the right to ny its flag. Ships have the nationality of the State whose flag they are entitled to fly.
There must exist a genuine link between the State and the ship.
Nationality of ships
Article 92
1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in
international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may
not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or
change of registry.
Status of ships
Article 93
The preceding articles do not prejudice the question of ships employed on the official service of the United Nations,
its specialized agencies or the International Atomic Energy Agency, flying the flag of the organization.
Ships flying the flag of the United Nations, its specialized
agencies and the International Atomic Energy Agency
Article 94
1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters
over ships flying its flag.
Duties of the flag State
Article 95
Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.
Immunity of warships on the high seas
Article 96
Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas,
have complete immunity from the jurisdiction of any State other than the flag State.
Immunity of ships used only on
government non-commercial service
Article 97
1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the
penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or
disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities
either of the flag State or of the State of which such person is a national.
Penal jurisdiction in matters of collision
or any other incident of navigation
Article 98
1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the
ship, the crew or the passengers:
Duty to render assistance
Article 99
Every State shall take effective measures to prevent and punish the transport of slaves in ships authorized to ny its
flag and to prevent the unlawful use of its flag for that purpose. Any slave taking refuge on board any ship,
whatever its flag, shall ipso facto be free.
Prohibition of the transport of slaves
Article 100
All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other
place outside the jurisdiction of any State.
Duty to co-operate in the repression of piracy
Article 101
Piracy consists of any of the following acts:
Definition of piracy
Article 102
The acts of piracy, as defined in Article 101 , committed by a warship, government ship or government aircraft whose
crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or
aircraft.
Piracy by a warship, government ship or government aircraft
whose crew has mutinied
Article 103
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used
for the purpose of committing one of the acts referred to in Article 101 . The same applies if the ship or aircraft has
been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Definition of a pirate ship or aircraft
Article 104
A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of
nationality is determined by the law of the State from which such nationality was derived.
Retention or loss of the nationality of a pirate ship or aircraft
Article 105
On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or
aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the
property on board. The courts of the State which carried out the seizure may decide upon the penalties to be
imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the
rights of third parties acting in good faith.
Seizure of a pirate ship or aircraft
Article 106
Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State
making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any
loss or damage caused by the seizure.
Liability for seizure without adequate grounds
Article 107
A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft
clearly marked and identifiable as being on government service and authorized to that effect.
Ships and aircraft which are entitled to seize on account of
piracy
Article 108
1. All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances
engaged in by ships on the high seas contrary to international conventions.
Illicit traffic in narcotic drugs or psychotropic substances
Article 109
1. All States shall co-operate in the suppression of unauthorized broadcasting from the high seas.
Unauthorized broadcasting from the high seas Article 110
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high
seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not
justified in boarding it unless there is reasonable ground for suspecting that:
Right of visit
Article 111
1. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good
reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced
when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or
the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous
zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the
territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within
the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in Article 33 , the
pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was
established.
Right of hot pursuit
Article 112
1. All States are entitled to lay submarine cables and pipelines on the bed of the high seas beyond the continental
shelf.
Right to lay submarine cables and pipelines
Article 113
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.
Breaking or injury of a submarine cable or pipeline
Article 114
Every State shall adopt the laws and regulations necessary to provide that, if persons subject to its jurisdiction who
are the owners of a submarine cable or pipeline beneath the high seas, in laying or repairing that cable or pipeline,
cause a break in or injury to another cable or pipeline, they shall bear the cost of the repairs.
Breaking or injury by owners of a submarine cable or
pipeline of another submarine cable or pipeline
Article 115
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.
Indemnity for loss incurred in avoiding injury to a
submarine cable or pipeline
Section 2. CONSERVATION AND
MANAGEMENT OF
THE LIVING RESOURCES OF THE HIGH SEAS
Article 116
All States have the right for their nationals to engage in fishing on the high seas subject to:
Right to fish on the high seas
Article 117
All States have the duty to take, or to co-operate with other States in taking, such measures for their respective
nationals as may be necessary for the conservation of the living resources of the high seas.
Duty of States to adopt with respect to their nationals measures
for the conservation of the living resources of the high seas
Article 118
States shall co-operate with each other in the conservation and management of living resources in the areas of the
high seas. States whose nationals exploit identical living resources, or different living resources in the same area,
shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources
concerned. They shall, as appropriate, cooperate to establish subregional or regional fisheries organizations to this
end.
Co-operation of States in the conservation and management of
living resources
Article 119
1. In determining the allowable catch and establishing other conservation measures for the living resources in the
high seas, States shall:
Conservation of the living resources of the high seas
Article 120
Article 65 also applies to the conservation and management of marine mammals in the high seas.
Marine mammals
Part VIII
REGIME OF ISLANDS
Article 121
1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.
Regime of islands
Part IX
ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122
For the purposes of this Convention, "enclosed or semi-enclosed sea" means a gulf, basin or sea surrounded by two
or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the
territorial seas and exclusive economic zones of two or more coastal States.
Definition
Article 123
States bordering an enclosed or semi-enclosed sea should co-operate 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:
Co-operation of States bordering enclosed
or semi-enclosed seas
RIGHT OF ACCESS OF LAND-LOCKED STATES TO
AND FROM THE SEA AND FREEDOM OF TRANSIT
Article 124
1. For the purposes of this Convention:
Use of terms
Article 125
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.
Right of access to and from the sea and freedom of transit
Article 126
The provisions of this Convention, as well as special agreements relating to the exercise of the right of access to and
from the sea, establishing rights and facilities on account of the special geographical position of land-locked States
are excluded from the application of the most-favoured- nation clause.
Exclusion of application of the most-favoured-nation clause
Article 127
1. Traffic in transit shall not be subject to any customs duties, taxes or other charges except charges levied for
specific services rendered in connection with such traffic.
Customs duties, taxes and other charges
Article 128
For the convenience of traffic in transit, free zones or other customs facilities may be provided at the ports of entry
and exit in the transit States, by agreement between those States and the land-locked States.
Free zones and other customs facilities
Article 129
Where there are no means of transport in transit States to give effect to the freedom of transit or where the existing
means, including the port installations and equipment, are inadequate in any respect, the transit States and land-
locked States concerned may co-operate in constructing or improving them.
Co-operation in the construction and
improvement of means of transport
Article 130
1. Transit States shall take all appropriate measures to avoid delays or other difficulties of a technical nature in traffic
in transit.
Measures to avoid or eliminate delays or other difficulties
of a technical nature in traffic in transit
Article 131
Ships flying the flag of land-locked States shall enjoy treatment equal to that accorded to other foreign ships in
maritime ports.
Equal treatment in maritime ports
Article 132
This Convention does not entail in any way the withdrawal of transit facilities which are greater than those provided
for in this Convention and which are agreed between States Parties to this Convention or granted by a State Party.
This Convention also does not preclude such grant of greater facilities in the future.
Grant of greater transit facilities
Part XI
THE AREA Section 1. GENERAL PROVISIONS
Article 133
For the purposes of this Part:
Use of terms
Article 134
1. This Part applies to the Area.
Scope of this Part
Article 135
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.
Legal status of the superjacent waters and air space
Section 2. PRINCIPLES GOVERNING THE
AREA
Article 136
The Area and its resources are the common heritage of mankind.
Common heritage of mankind
Article 137
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.
Legal status of the Area and its resources
Article 138
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 co-operation and mutual understanding .
General conduct of States in relation to the Area
Article 139
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.
Responsibility to ensure compliance and liability for damage
Article 140
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.
Benefit of mankind
Article 141
The Area shall be open to use exclusively for peaceful purposes by all States, whether coastal or land-locked,
without discrimination and without prejudice to the other provisions of this Part.
Use of the Area exclusively for peaceful purposes
Article 142
1. Activities in the Area, with respect to resource deposits in the Area which lie across limits of national jurisdiction,
shall be conducted with due regard to the rights and legitimate interests of any coastal State across whose
jurisdiction such deposits lie.
Rights and legitimate interests of coastal States
Article 143
1. Marine scientific research in the Area shall be carried out exclusively for peaceful purposes and for the benefit of
mankind as a whole in accordance with Part XIII.
Marine scientific research
Article 144
1. The Authority shall take measures in accordance with this Convention:
Transfer of technology
Article 145
Necessary measures shall be taken in accordance with this Convention with respect to activities in the Area to ensure
effective protection for the marine environment from harmful effects which may arise from such activities. To this
end the Authority shall adopt appropriate rules, regulations and procedures for inter alia:
Protection of the marine environment
Article 146
With respect to activities in the Area, necessary measures shall be taken to ensure effective protection of human life.
To this end the Authority shall adopt appropriate rules, regulations and procedures to supplement existing
international law as embodied in relevant treaties.
Protection of human life
Article 147
1. Activities in the Area shall be carried out with reasonable regard for other activities in the marine
environment.
Accommodation of activities in the Area and in the marine
environment
Article 148
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
landlocked 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.
Participation of developing States in activities in the Area
Article 149
All objects of an archaeological and historical nature found in the Area shall be preserved or disposed of for the
benefit of mankind as a whole, particular regard being paid to the preferential rights of the State or country of
origin, or the State of cultural origin, or the State of historical and archaeological origin.
Archaeological and historical objects
Section 3. DEVELOPMENT OF
RESOURCES OF THE AREA
Article 150
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:
Policies relating to activities in the Area
Article 151
1. (a) Without prejudice to the objectives set forth in article 150 and for the purpose of implementing subparagraph
(h) of that article, the Authority, acting through existing forums or such new arrangements or agreements as may be
appropriate, in which all interested parties, including both producers and consumers, participate, shall take measures
necessary to promote the growth, efficiency and stability of markets for those commodities produced from the
minerals derived from the Area, at prices remunerative to producers and fair to consumers.
Production policies
Article 152
1. The Authority shall avoid discrimination in the exercise of its powers and functions, including the granting of
opportunities for activities in the Area.
Exercise of powers and functions by the Authority
Article 153
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.
System of exploration and exploitation
Article 154
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.
Periodic review
Article 155
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:
The Review Conference
Section 4. THE AUTHORITY
SUBSECTION A. GENERAL PROVISIONS
Article 156
1. There is hereby established the International Sea-Bed Authority, which shall function in accordance with this
Part.
Establishment of the Authority
Article 157
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.
Nature and fundamental principles of the Authority
Article 158
1. There are hereby established, as the principal organs of the Authority, an Assembly, a Council and a
Secretariat.
Organs of the Authority
SUBSECTION B. THE ASSEMBLY
Article 159
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.
Composition, procedure and voting
Article 160
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.
Powers and functions
SUBSECTION C. THE COUNCIL
Article 161
1. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:
Composition, procedure and voting
Article 162
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.
Powers and functions
Article 163
1. There are hereby established the following organs of the Council:
Organs of the Council
Article 164
1. Members of the Economic Planning Commission shall have appropriate qualifications such as those relevant to
mining, management of mineral resource activities, international trade or international economics. The Council shall
endeavour to ensure that the membership of the Commission reflects all appropriate qualifications. The Commission
shall include at least two members from developing States whose exports of the categories of minerals to be derived
from the Area have a substantial bearing upon their economies.
The Economic Planning Commission
Article 165
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.
The Legal and Technical Commission
SUBSECTION D. THE SECRETARIAT
Article 166
1. The Secretariat of the Authority shall comprise a Secretary-General and such staff as the Authority may
require.
The Secretariat
Article 167
1. The staff of the Authority shall consist of such qualified scientific and technical and other personnel as may be
required to fulfil the administrative functions of the Authority.
The staff of the Authority
Article 168
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.
International character of the Secretariat
Article 169
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 co-operation with international and non-governmental
organizations recognized by the Economic and Social Council of the United Nations.
Consultation and co-operation with international and
non-governmental organizations
SUBSECTION E. THE ENTERPRISE
Article 170
1. The Enterprise shall be 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.
The Enterprise
SUBSECTION F. FINANCIAL
ARRANGEMENTS
OF THE AUTHORITY
Article 171
The funds of the Authority shall include:
Funds of the Authority
Article 172
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).
Annual budget of the Authority
Article 173
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.
Expenses of the Authority
Article 174
1. The Authority shall have the power to borrow funds.
Borrowing power of the Authority
Article 175
The records, books and accounts of the Authority, including its annual financial statements, shall be audited
annually by an independent auditor appointed by the Assembly.
Annual audit
SUBSECTION G. LEGAL STATUS,
PRIVILEGES
AND IMMUNITIES
Article 176
The Authority shall have international legal personality and such legal capacity as may be necessary for the exercise
of its functions and the fulfilment of its purposes.
Legal status
Article 177
To enable the Authority to exercise its functions, it shall enjoy in the territory of each State Party the privileges and
immunities set forth in this subsection. The privileges and immunities relating to the Enterprise shall be those set
forth in Annex IV, article 13.
Privileges and immunities
Article 178
The Authority, its property and assets, shall enjoy immunity from legal process except to the extent that the
Authority expressly waives this immunity in a particular case.
Immunity from legal process
Article 179
The property and assets of the Authority, wherever located and by whomsoever held, shall be immune from search,
requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.
Immunity from search and any form of seizure
Article 180
The property and assets of the Authority shall be exempt from restrictions, regulations, controls and moratoria of any
nature.
Exemption from restrictions, regulations,
controls and moratoria
Article 181
1. The archives of the Authority, wherever located, shall be inviolable.
Archives and official communications of the Authority
Article 182
Representatives of States Parties attending meetings of the Assembly, the Council or organs of the Assembly or the
Council, and the Secretary-General and staff of the Authority, shall enjoy in the territory of each State Party:
Privileges and immunities of certain persons connected
with the Authority
Article 183
1. Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and
transactions, authorized by this Convention, shall be exempt from all direct taxation and goods imported or exported
for its official use shall be exempt from all customs duties. The Authority shall not claim exemption from taxes
which are no more than charges for services rendered.
Exemption from taxes and customs duties
AND PRIVILEGES OF MEMBERS
Article 184
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.
Suspension of the exercise of voting rights
Article 185
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.
Suspension of exercise of rights
and privileges of membership
Section 5. SETTLEMENT OF DISPUTES
AND ADVISORY OPINIONS
Article 186
The establishment of the Sea-Bed 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.
Sea-Bed Disputes Chamber of the
International Tribunal for the Law of the Sea
Article 187
The Sea-Bed 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:
Jurisdiction of the Sea-Bed Disputes Chamber
Article 188
1. Disputes between States Parties referred to in article 187 , subparagraph (a), may be submitted:
Submission of disputes to a special chamber of the
International Tribunal for the Law of the Sea or an ad hoc
chamber of the Sea-Bed Disputes Chamber or to binding
commercial arbitration
Article 189
The Sea-Bed 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 Sea-Bed
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.
Limitation on jurisdiction with regard to decisions of the
Authority
Article 190
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.
Participation and appearance of sponsoring States Parties in
proceedings
Article 191
The Sea-Bed 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.
Advisory opinions