INFORMAL SINGLE NEGOTIATING TEXT PART III TEXT PRESENTED BY THE CHAIRMAN OF THE THIRD COMMITTEE NOTE BY THE PRESIDENT OF THE CONFERENCE

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000400060002-8
• Release Decision: RIFPUB
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• Document Page Count: 25
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2001
• Sequence Number: 2
• Publication Date: May 6, 1975
• Content Type: NOTES

PCN:lirtirt3Iyeletqq-eR0131/994(161p1A-RDP82S00697R000400060002-8
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr,
GENERAL
A/CONF.62ATP.8/Part III
6 May 1975
Original: ENGLISH
INFORM SINGLE NMOTLITING TEXT
PART 111
TEXT PRESENTED BY TEE CHLIEMAN OF THE THIRD COMMITTEE
Note by the President of the Conference
At its 55th plenary meeting on Friday 18 April 1975 the Conference decided
to request the Chairmen of its three Main. Committees each to prepare a single
negotiating text covering the subjects entrusted to his Committee. In his
poncluding statement, before the Conference made this request, the President
( ;essed that the single text should take account of all the formal and informal
discussions held so far, would be informal in character and would not prejudice
the position of any delegation, nor would it represent any negotiated text or
accepted compromise. It should, therefore, be cuite clear that the single .
negotiating text will serve as a procedural device and only provide a basis for
negotiation. It must not in any way be regarded as affecting either the status
of proposals already made by delegations or the right of delegations to submit
amendments or new proposals.
State Dept. declassification & release instructions on file
GE.75-65230
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PART ....
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PRC'TECTTO1T 1.,ND PREETZIWATION OF 'THE IL T1T F..13-\/TROTINE1TT .
?". " ? .
,
CHAI=TER OID
GTUTERAL PROVISIONS
Article 1
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? N.
"Pollution of the. marine 6flvironnentm-meansi the introduction by man,
directly or indirectly, of substances or energy in the marine environment
(including estuaries) resulting in Ealch"deleterious effects as harm to living
resources, hazards to human 11;,!:ath, hindrance to marine activities including
fishing and other legitimate uses. of the sea, impairment 'of 'quality for use of
sea water and reduction of c?monities.:14
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' 'Article 2 - ?
States have the obligation to protect and preserve all the marine environment.
-? ?
,
! Article 3
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Statds'have the T,lovereign right .to exploit their natural resources pursuant to
their environmental policies and they shall, in accordance with their duty.
protect and. preserve the marine environment, take into account-their.oconomic needs
and their programmes for economic development,
., .
;-
? .? .? .,
.?JIrticle 4
..............__ .
? ., .? ???? - ? , .
? . ? ? ? . ? . ?
. . . : ?
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1. States shall take all necessary?mesures consistent with this Convention to
prevent, reduce and control pollution of the marine onvirenment from any source
using for this purpose the 'hest practicable moans at their disposal and in
accordance with their capabilities, individually or jointly, as appropriate, and
they shall endeavour to harmonize their policies in this connexion.
? A provislon containing a definition of marine pollution could be embodied
in a special introductory chapter of this Convention, together with all other
definitions.
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Stats shall take all necessary measures to ensure that marine pollution does
( t spread outside their national jurisdiction and that activities under their
jurisdiction or control are so conducted that they do not cause damage by pollution
to other States and their envirenment, nor cause pollution beyond the areas where
States exercise sovereign rights in accordance with this Convention.
3. The measures taken pursuant to those articles shall deal with all sources
whatsoever of pollution of the marine environment. These measures shall include,
inter alia, those designed to minimize to the fullest possible extent:
(a) Release of toxic, hamful and noxious substances, especially those which:
are persistent:
(i) from land-based sources;
(ii) from or through the atmosphere;
(iii) by dumping.
(b) Pollution from vessels, in particular for preventing accidents and
dealing with emergencies, ensuring the safety of operations at sea, preventing
intentional and unintentional discharges, and regulating the design, construction,
equipment, operation and manning of vessels.
(c) Pollution from installations and devices used in the exploration or
taoitation of the natural resources of the sea-bed and subsoil, in particular for
-preventing accidents and dealing with emergencies, ensuring the safety of
operations at sea, and regulating the design, construction, equipment, operation and
manning of such installations or devices.
(d) Pollution from all ether installations and devices operating in the, marine
environment, in particular for preventing accidents and-dealing with emergencies,
ensuring the safety of operations at sea, and regulating the design, construction,
equipment, operation and manning of such installations or devices.
4. In taking measures to prevent pollution of the marine environment States shall
have due regard te the legitimate uses of the marine environment, which are not
incompatible with the provisions of this (.)-,nvention and shall refrain from
unjustifiable interference with such uses.
Article 5
In taking measures to prevent or control marine pollution, States shall guard
against the effect of merely transferring, directly or indirectly, damage or
hazards from one area to another or from one typa of pollution to another.
CHArTER TWO
GLOBAL AO REGIONAL CO-OPERATION
Article 6
States s rtp on ,chizilobal basis and as aarol?riate on a regional
basis, d'rootPPT/Tilro&OeTRMeWl'n't? MPe'rqfPIRF12?9PWRRY94P96RM.TPa or regional,
to formulate and elaborate international rules, standards and recommended practices
fhtiq ('!-,nv2I-Ition. for the prevention of marine
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Article 7
L State which becomes aware of cases in which the marine environment is in
imminent darzer of being damaged or has been damaged by pollution shall immediately
notify other States it dooms likely to be affected by such daage, as well as the
competent international organizations.
La" ti01 Ct 8
In the cases referred to in Lrticle 7, States in the arca affected, in
accordance with their capabilities; and the competent international organiations,_'
shall co-operate, to the extent possible, in eliminating the effects of pollution and
preventing or minimizing the damage. Towards that end, States shall jointly promote
and develop contingency plans for responding. to pollution incidents in the marine
environment.
Ixticle 9
States shall co-operate directly or through competent international organizations
for the purpose of promoting studies, undertaking programmes of scientific research
and encouraging the. exchange of information and data accuired about pollution of the
marine environment. They shall. endeavour to participate actively in regional and
international programmes to acquire knowledge for the assessment of the nature and
extent of pollution and the pathways and risks of, exposures to and the remedies for
pollution.
Lrticle 10
In the light of the information and data. accuired pursuant to Article 9) States
Ethan co-operate directly or through competent international organizations in working.
out appropriate scientific criteria for the formulation and elaboration of rules,
standards and recommended practices and. procedures for the prevention of marine
pollution.
CHAPTER THREE
TECD1CAL IISSIST.ANCE
.Lrticlo 11
1. States shall directly or through competent international or regional
organizations:
? (a) promote programmes of scientific, educational, technical and other
assistance to developing countries for the preservation of the marine environment
and the prevention of marine pollution. Such assistance shall include, inter alia,
(i) training of scientific and technical personnel;
(ii) facilitation of their participation in relevant international programmes;
(_ iii) supply of necessary oqUipment and facilities;
(iv)
(0 nf
onhancing the OcIpacity of?devolop_iwL.oeuntri:cs to manufacture such
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(b) provide appropriate assistance, in particular to developing countries, for
the minimization of the effects of major incidents which may cause serious pollution
in the marine environment.
? (c) provide appropriate assistance in particular to developing countries
concerning the preparation of environmental assessments. '
Article 12
Developing States shall, for purposes of the prevention of marine pollution or
the minimization of its effects, be granted preference in:
(a) the allocation of appropriate funds and technical assistance facilities
of international organizations, and.
(b) the utilization of their specialized services.
-CTIAPTER FOUR ,
MONITORING
Article 13
1. States shall, consistent with the rights of other States endeavour, as much as
is practicable individually or collectively through the competent international
organizations to obscrv6 measure, evaluate and analyse, by recognized methods the
risks or effects of pollution of the marine environment.
2. In particular, States shall keep under surveillance the effect of any
activities which they permit or in which they engage to determine whether these
activities are likely to pollute the marine environment.
Article 14
States Shall provide at appropriate intervals reports of the results obtained
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relating to risks or effects of pollution of the marine environment to
United Nations Environment Programme or any ether competent international or
regional organizations, which'sholild make them available to all States.
CIEPTER FIVE
ENV I R 0.1-14EN AS SE SSNENT.P -
Article 15
When States have reasonable grounds for expecting that planned activities under
their jurisdiction or control may cause substantial pollution of the marine
renviromlent, they shall, as for as pra..A.i,,?able, ass..::ss the potential effects of such
? 'activities on the marine envirorunent and shall communicate reports of the results of
11.70.11 .71.sitop..;-,monto in the lan.nrior pl'ovidr,d- in paragraph 2 of article 13.
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CHAPTER SIX
STANDARDS
Article 16
1. States shallestablish national laws and regulations to prevent, reduce and
control pollution of the marine environment from land-based sources including rivers,
estuaries, pipelines and outfall structures, taking into account internationally
agreed rules, standards and recommended practices and procedures.
States .shall also take such other measures as may be necessary to prevent
reduce and control pollution of the marine environment from land-based sources.
2. States shall endeavour to harmonize their national policies at the appropriate
regional level.
3. States, acting in particular through the appropriate intergovernmental
organizations or by diplomatic conference, shall endeavour to establish global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment from .land-based sources,
taking into account characteristic regional features, the economic capacity of
developing countries and their need for economic development.
Laws, regulations, measures, rules, standards and recommended practices and
-procedures referred tom n paragraphs 1 and 3 respectively shall include those
designed to. minimize to the fullest possible extent the release of toxic, harmful
and noxious substances, especially persistent substances, into the marine
environment.
Article 17
1.. Coastal States shall establish national laws and regulations to prevent, reduce
and control pollution of the. marine environment arising from activities concerning
exploration and exploitation ,of the sea bed and from installations under their
jurisdiction, pursuant to Chapter Four of this Convention.
States shall also take any other measures as may be necessary to prevent.,
reduce and control such pollution.
Such laws, regulations and measures shall be no loss effective than generally
accepted international rules, standards and recommended practices and procedures.
2. States shall endeavour to harmonize their national policies at the appropriate
regional level.
3. States, acting in particular through the appropriate intergovernmental
organizations or by diplc:lati:: 2onferonce, shall establish global and regional rules,
standards and ropommendoC, pratices and procedures to prevent, reduce and control
alution of the marine environment arising in connexion with sea-bed activities
and installations mentioned in paragraph 1 above.
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ilrtiolo 18
The provisions referring to measures to prevent, reduce and control Pollution
of the marine environment from activities concerning exploration and exploitation of
the international sea-bed areonare?containea in Chapter of this Convention.
2?'? .
rticLe 19
1. States shall estoblish national laws ond regulationsit d
,o prevent, reduce an
control pollution of tho_marine environment from dumping v of wastes and other -.
matter. .,. ?
States.shalloalso take suchother measures as maybe necessary to prevent,
reduce and control such pollution.
Such laws, regulations and measures shall ensure that dumping is net carried out
without the permission of the competent authorities of States.
2. States, acting in particular through the competent intergovernmental
organizations or by diplomatic conference, shall endeavour to establish as soon as
possible and to the extent that they are not already in existence, global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the.marine environment by dumping of wastes and other
matter.?
3. Dumping of wasted ana other matter, within shall not be carried out
without the express approval of the coastal State, which has the exclusive right to
permit, regulate and control such dumping.
4. National laws, regulations and measures shall be .no less effective in .
preventing, reducing and controlling pollution from duMning than global rules. and
standards.
Article 20
1. States, acting through. the competent international organization or by general
diplomatic conference, shall establish as soon as possible and to the extent that .
they are not already in existence, international rules ana standards for the
preventionl reduction and control of pollution of the marine environment from vessels.
2. States shall, establish effective laws and regulations for the prevention7
reduction and control of pollution of the marine environment from vessels flying'
their flag. The requirements of such laws and regulations shall be no less
effective than generally accepted international rules and standards referred to in
paragraph 1.
1/ The definition of dl:rning of wastes and other matter may be included
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The coastal State may establish, in respect of the territorial sea, more
- 'effective laws and regulations for the prevention, reduction and control of marine
pollution from vessels. In establishing such laws and. regulations the coastal State
shall, consistent with the aim of achieving maximum possible uniformity of rules and
standards governing international navigation, conform to the international rules and.
standards referred to in paragraph 1 of this Article. Such laws and regulations must
not have the practical effect of hampering innocent passage through the territorial sea
4. Where internationally agreed rules and standards are not in existence or are .
inadequate to meet special circumstances and where the coastal State has reasonable
grounds for believing that a particular area of the economic zone is an area where,
for recognized technical reasons in relation to its oceanographical and ecological
conditions its utilization, and the particular character of its traffic,
the adoptien of special mandatory measures for the prevention of
pollution from vessels is required, the coastal State may apply to the competent
international organization for the area to be recognized as a "special area". Any such
application shall be supported by scientific and technical evidence and shall, where
appropriate, include plans for establishing sufficient and suitable land-based
reception facilities.
5. Nothing in this Article shall be deemed to affect the establishment by the
coastal State of appropriate non-discriminatory laws and regulations for the protection
of the marine environment in areas within the economic zone, where particularly severe
climatic conditions create obstructions or exceptional hazards to navigation, and where
1'-011ution of the marine' environment, according to accepted scientific criteria, could
,ause major halm to or irreversible disturbance of the ecological balance.
(") - Laws dnd regulations established pursuant to the internationally agreed rules and
standards referred to in paragraph 4 of this Article, shall not become applieable in
relation to foreign vessels until six months after they have been notified to the
'competent international organization.
Article 21
1. States shall establish national laws and regulations and shall take measures to
prevent, reduce and control pollution of the marine environment from the atmosphere,
taking into account internationally agreed rules, standards and recommended practices
and procedures.
2. States shall endeavour to establish global and regional rules, standards and
recommended practices and procedures to prevent, reduce and control marine pollution
from atmospheric sources.
CHAPTER SEVEN
. ENFORCEMENT
Article 22
. States shall have the right to enforce laws and regulations adopted in
..ncordance with the provisions of this Convention for the protection and
preservation of the marine environment from land-based sources of marine pollution.
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23
States shall have-the-right to enforce laws and regulations adopted in
accordance,,with-t-h-e previsions of this Convntion for the protection and ?
Preservation of the marine environment from pollution arising from activitios
concerning exploration and exploitation of the continental shelf as provided for in
this-Cenvention.
Article 24
?
The internazionnl authority as referred to in Chapter . ?of this
Convention shall enforce, in co-operation with the flag States, the rules and.
standards adopted in accordance with the provisions of this Convention for the
protection ? and preservation of the marine onvironmeLt from pollution ;:risil-Z from
activities cencerning'exploration end -exploitation of the intorn:_itionta son boa area.
Article 25
Laws and regulations adopted in v:ccordance with the provisions of this
-Convention_for the protection and pres&7vation of the marine environment from
dumping at sea shall be enforced .
by any State within its territory;
(b) by the flog State with regard to vessels and aircraft rogistered in
its territory or flying, its flag;.
?
.-(c): by the constal'State on yessels and aircraft engag'ed in dumping within-.
its'ebonomic zone and continental shelf;'
: 2 ?
(d) by the port State on vessels on aircraft leading at its facilities or
off-Shore terminals.
-Article 26
1. States shall ensure compliance with international rules and standards referred t4
1\rticle 20 for The preservtion of mari:-,e environment by -;essels flying their
flag or of their registry, and shall provide for the effective enforcement of such
rules and standards irrespective of whore the violations may have occurred,
2, 2, flag State Ethan, at the documented request of any.Stato, investigate, any
violation alleged to have been committed by its.vossols. If satisfied that
sufficient evidence is availablo to -enable proceedings to be brought in respect of
the alleged violation, the flag State shall cause such proceedings to bo taken as
soon as possible, in accordance with its laws. The flag State shall promptly
inforin the requesting State of the action taken and of its outcome.
3. The penalties specifie under the flag Staters legislation for its own
Vessel's .shall be adequate i- ,everity to discourage violations and equally severe
cNregardless of where the vic-j.a.:-ions occurred.
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Article 2.7.
( - When a State has reasonable grounds for believing that a vessel irrespective of itsa
flag or State of registration, which is voluntarily within one of its ports or at one
of the offshore terminals, has violated the international rules and standards
regardless of where the violation occurred, it must:
(a) undertake an immediate and thorough investigation of the violation;
(b) provide imediate notification of the results of the investigation to the
flag State concerned and any States affected by the alleged violation.
2. The coastal State may prevent this vessel from sailing if it presents an excessive
danger to the marine environment: it may however authorize it to leave the port or
-terminal to go to the nearest appropriate shipyard for repairs.
3. When a coastal State has reasonable grounds for believing that a vessel irrespectiv-
of its registration: which is voluntarily within one. of its ports or at one of its
'offshore terminals, has released a discharge in the area-extending to miles from
the baseline from which the territorial sea is measured which constitutes a violation of
the international rules and standards, it may, subject to the provisions of Article 28,
institute proceedingsaaccording to its laws and, if necessary, arrest the vessel.
Article 28 "
1, A coastal State may 'apply the measures contained in Article 27 when a vessel,
passing through the territorial sea, irrespective of its flag or State of registration.,
has violated the international rules and. standards referred to in Article 20,
)ragraphs 1 and 2.
/ A coastal State may apply the measures contained in Article 27 at the request of
another State when -a vessel, irrespective of its flag or State of registration has
-violated the international rules. and standards referred to in Article 20 paragraphs 1
and 2, by releasing a discharge in the area extending to miles from the baseline
from where the territorial sea of the requesting State is measured if such State is
party to the Convention containing these international rules and standards alleged to
be violated.
3. When a coastal State arrests a ship, or when it receives a request from another
State in accordance with paragraph 1, it must immediately notify the flag State of these
facts, furnishing a. report and all other relevant information.
4. The report drawn up by the competent authorities of the coastal State concerned
shall be forwarded to the flag State.
5. Proceedings in respect of any violation other than arresting a vessel shall not
be instituted by the coastal State until the expiry of six months from the date of '
notification to the flag State in accordance with. paragraph 2 of this Article, and at
any time after the 'expiry of that period if the flag State has previously commenced
proceedings and has not discontinued those proceedings.
6. Proceedings in respect of the violation shall not be instituted by the coastal
State after the expiry of" three years from the date of the violation.
7. Proceedings taken by the coastal State shall not prevent the flag State frog
exercising its own competence.
( ) Proceedings in respect of the violation may not be instituted by another State if
such proceedings in respect of the same violation have already been initiated by the
flag State pursuant to the provisions of this Article.
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9. Only monetary penalties may be imposc3. by a coastal State in respect of any such
violation.
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Article 29
When a coastal State arrests a vessel or institutes proceedings pursuant to
paragraph 3 of Article 27, it shall immediately release the vessel if the owner
or his representative deposits a bond or other reasonable security which may not
exceed the maximum penalty stipulated for the violation. The vessel shall not be
released if it cannot proceed to sea without presenting an excessive danger to
the marine environ;ent. However, tne cot,tal State may per:At the vessel to leave
the port or offshore terminal in order to proceed to the nearest repair yard. .
available.
Article 30
1. When a coastal State has reasonable grounds for believing that a. vessel,
regardless of its flag or State, of registration, has violated the international
rules and standards by releasing discharges in the area extending to miles.
from the baseline from which the territorial sea is measured,. that State requires
the vessel to give information by radio or other means of communication.
This information shall concern:
(i) identification of the vessel and its port of registration,
(ii) its last and next ports of call,
and any other information required to be given by the relevant
international regulation, being information which will make it possible to establish
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whether the suspected violation has been committed.
,
2. The information referred to in the preceding paragraph may only be required if
the vessel is in the area extending tc- miles from the baseline from which
the territorial sea is measured.
Article 31
When there are re;asonable grounds for believing. that the vessel navigating .
through an area exending to. fa %m the baseline from which the territorial
sea of the coastal State is measured, has cascharged in violation of international
rules and standards, the vessel may be required to stop and may be boarded for.
inspection, provided that -
(a) the violation has been of flagrant character causing severe damage or
threat of severe damage to the marine environment, or the vessel is proceeding '
to or from the internal waters of the coastal State;
(b) any such inspection shall be limited to an examination of such
certificates and records as the vessel is required to carry by the relevant
international regulation or of any similar documents which it is carrying;
(c) a physical inspection of the vassel may thereafter be carried out only
if that 1A? confirm ;tiro 9uszoc2o..ta:A..
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Article 52
-Uhen a coastal State exercises the rights referred to in Articles 50 and 31
it shall. promptly notify the flag Stat3 of the suspected violation and of the
respective measures which have been taken.'
? .
Article 33
The rights conferred en the coastal State by ixtiell:Is 27 to 32 may be
?exercised only by officials or having the authority to establish that a _
violation has been committcjd.
Article 54
,iThen taking zeasu=e 1 foreign vessel-11.r.,-.mn.t 27 to 32,,
the State in question will immediately inform the consular or diplomatic ?
representative of the flag State of the vessel against which the measures were taken.
ixticle 55
A vessel may be detained only by virtue of a court order of the State having
jurisdiction. The vessel must be immediately released if the person responsible
pays the fine imposed.
(
If as a result of an arrest the coastal State decides that it is necessary to
detain the vessel, it must be taken to a safe and convenient place of anchorage.
Article 36
The coastal State may exercise the powers provided for in Article 35 only to
the extent that there is no excessive danger to the vessel in question and that no
unreasonable risks are created for navigation or the marine environment.
Article 37
The coastal State must provide for recourse in its courts in respect of loss or
damage resulting from the inspection, the ?nc:Iliry or application of measures taken .
pursuant to Articles 27 to 36 where they exceed those which were reasonably.
?
necessary in view of existing information.
Article 58
In the exercise of its rights and duties under this Chapter, a State shall
not discriminate in form or in fact against foreign vessels.
)(7-1.
Nothing in Chapters siJ: T-.nd seven shall affect the-legal Tioigime.
col' straits used for intrnanal navigation.
Article 40
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States snail :lave tne right to enforce .Laws ancL regulations ac ted. in
accordance with the provisions of this Convention for the nrotection and. preservation
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CHAPTER EIGHT
ILESPONSn'ILITY
Article Ai
1. _States have the responsibility to ensure, that activities under their jurisdictio:
or control do not cause damage to areas under the jurisdiction of other States or to
the marine environment of other States and shall, in accordance with principles of
international law be liable to other States for such damage.
2. States have the ?responsibility to ensure that activities under their -
jurisdiotion or control a- not :sMJc damage to the marine environment beyond areas
where States exercise sovereign rights in accordance with this Convention.
3. When necessary, States shall co-operate in the development of international
law relating to the protection and preservation of the marine environment in
establishing inter alia criteria and procedures for the determination of liability,
the assessment of damage, the payment of compensation and. the settlement of related
disputos.fi
? ? CHAYTER NINE
SOVEREIGN IMMUNITY
Article 42
The provisions of Chapters Six and Seven shall not .apply to .any warship, naval
auxiliary or other vessel owned or operated by a State and used, for the time being,
only on government noncommercial service, However, each State shall ensure by the
adoption of appropriate measures not impairing the operations or operational .
capabilities of such vessels or other craft owned or operated by it, that such
vessels or other craft act.in a manner consistent, so far as is reasonable and.
practicable, with Chapters Six and. Seven.
CHAPTER TEN
OTHER CONVENTIONS ON.PRESERVTION OF THE ILRINE ENVIRONMENT
Article 43
1. The provisions of this Convention shall be without prejudice to the specific
obligations assumed by States under special conventions and agreements concluded
previously which relate to the prevention of nollution of the marine environment
nor to agreements which may. be concluded in furtherance of the general principles
set forth in this Convention.
ThAp5i84dIqn9461115/MARk 1-60k11419P8i803%-?7M646006606MPter
of this Convention. . .
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2. Specific obligations assumecl by States under specjal conventions, with respect
to the protection and preservation of. the marine environment should be applied.in a
manner consistent with the general principles and objectives of this 'Convention.
CHER ELEVEN
sETTrimanu Cl? DISPUTES
.Lrticio /14
Any dispute with respect to the interpretation or application of the
provisions of this Convention with respect to .the preservation of the marine
environment shall be resolved by the dispute settlement procedures contained in
Chapter . of this Convention..
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PART
MARINE SCIENTIFIC RESEARCH
CHAPaR ONE .
GENERAL PROVISIONS
Article 1
Marine scientific research means any study or related experimental work designed
. to increase man's knowledge of the marine environment.
' Article 2
All States, whether coastal or land-locked, as well as appropriate international
organizations have the right to conduct marine scientific research subject to the
provisions of this Convention.
Article
States shall endeavour to promote and facilitate in accordance with the provision
jof this Convention the development and conduct of marine scientific research not only
for their. own benefit but also for the -benefit of the international community.
Article 4
States and international org-nizations shall apply in the conduct of marine
scientific research the following principles:
(a) marine scientific research activities shall be conducted exclusively
for peaceful purposes;
(b) such activities shall not unduly interfere with otherlegitimate.uses
of the sea compatible with the provisions of this Convention and shall
be duly respected in the course of. such uses;
(c) such activities shall comply with regulations established in conformity
with the provisions of this Convention, fOr the preservation of the
marine environment.
Article_5.
Marine scientific research shall be conducted subject to the rights of coastal
States as provided for in this Convention-
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Article 6
In conducting marine scientific research in.accordande with the provisions of
this Convention Stptes and competent intertional organizatiens shall use appropriate
scientific methods and may utilize vessels, aircraft, devices, equipment or
installations.
Article
Marine scientific research activities shall not form the legal basis for any -
claim whatsoever to any part of the marine environment or its resourcea.
CI:UTTER TWO
INTERNATIONAL AND 'REGIONAL CO-OPERATION
Article 8
States shall, in accordance with the principle of respect for sovereignty and on ?
the basis of mutual benefit, promote international co-operation in marine scientific
research for peaceful purposes. -
Articlel
(
States shall co-operate with one another, through the conclusion of bilateral and
multilateral ,agreements, to create favourable conditions for the conduct of scientific
research in the marine environment and to integrate the efforts by scientists in
studying the essence of and the interrelations between phenomena and processes
occurring in the marine environment.'
Article 10'
States shall,'both.individUally, .and in co-operation with other States and with
competent international organizations, actively promote the flow of scientific data
and information and the transfer of knowledge resulting fromemarine scientific research
in particular to developing countries, as well as the strengthening of the autonomous
marine research capabilities of developing countries through, inter alia, programmes
to provide adequate education and training of their technical and scientific personnel.
Article 11
The availability to every State of information and knowledge resulting from marine
scientific research shall be facilitated by effective international communication of
proposed. major programmes and their objectives, and. by publication and dissemination
of the results through.international channels.
Article 12
States and international or7anizations shall endeavour to facilitate marine
sJJ_entific reSearch through bilateral or regional and other multilateral agreements.
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CHAPTER '.PILPT;1111
CONDUCT AND PROMOTION OF MARINE SCLENTEPIC RESEARCH
Article 13
Coastal States have the exclusive right to conduct and regulate marine scientific
research in their territorial sea. Scientific research activities therein shall be
conducted only with the explicit consent of, and under the conditions set forth by the
coastal State. Requests for such consent shall be submitted to the coastal State. well
in advance and shall be-answered without undue delay.
Article 14
Marine scientific research beyond the territorial 8ea, in the economic zone and.
the continental shelf, shall be conducted by States as well as by appropriate inter-
national organizations in such a manner that the rights of the coastal State, as
provided for in this Convention, are respected.
Artic12_1
States and international organizations which intend to undertake scientific
research in the economic zone or on 'the continental shelf of a coastal State shall
_provide that State with a full description of:
(a) the nature and objectives of the research project;
(b) :the means to be used, including name, tonnage, type and class of vessels;
-(c) the precise geographical areas in which the activities are to be ,onducted;
(d) the expected date of first appearance and final departure of the research
vessels or equipment as the case may be; and
the name of the sponsoring institution, its director and the scientist(s)
in charge of the expedition.
Article 16
States and international organizations when undertaking scientific research shall
comply with the following conditions:
(0)
ensure the rights of the coastal State, if?it so desired, to participate
.or to be represented in the research project;
provide the coastal State an opportunity to participate directly or be
represented, if it so desires; in the research on board vessels at the
expense of the State conducting the research but without payment of any
remuneration to the scientist of' thecoastal State; -
provide the coastal State with the final results and conclusions of the
research proj(,:ct;
undertake to provide to the coastal State on agreed basis raw and
Prbcessed data and .:,,amples of materials;
kip?101a30(V-Ref3*Ii1/0.06"-10-1i1SAS10166Yfil
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,ensure that the are made .internationally-available
through International Data 'Centres or through other appropriate
international channels as soon as feasible.;
inform the coastal State immediately of any major change in the research
programme; and
(h) comply with all relevant provisions of this Convention.
r .
Article 17_
The communication concerning the research project shall be made through approp,
,riate official channels and the coastal State shall.acknowledge its receipt immediatelY.
Article 18,
1. States and international organizations, which intend to undertake scientific
researCh shall indicate in their communication to the coaStal State whether they
consider the. research project to be of a fundamental nature or related to the resources
of the economic zone or continental shelf.
2. States shallseek to promote through competent international organizations the
establishment of criteria and guidelines concerning the differentiation between
research directly related to the exploration and exploitation of the living and 'non-
living resourdes and'fundamental research which is not directly related to exploration.
and exploitation of such resources.
L.)
Article 12
If the coastal State considers that the research project defined by the research-
ing State as fundamental is not of such nature, it may object only on the ground that
the said project would infringe on its rights as defined in this Convention over the
natural resources of the economic zone, Or continental shelf.
Article 20
Any dispute with respect to the determination of the nature of the research
project, if not settled by negotiation between the parties concerned shall, at the
requesttof any of the parties of the dispute, be submitted for settlement in accordance
with the procedures set out in the relevant articles of this Convention.
Article 21
Any research project related to the living and non-living resources of the economic
zone and the continental shelf shall be conducted only with the explicit consent of the
coastal State In this case the following conditions shall apply:
the conditions Flpecified in Articles 15 and 16 with the exception of
condition (f) of Article 16;
if requested, submit to the coastal State as soon as practicable after
the completion of the research, a report including a preliminary inter-
pretation;
ensure that the research results are not published or made internationally
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fulfil any other request for information relating directly to the
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Article 22
Vhen the research is of fundamental nature the coastal State may indicate within
? days of the communication concerning the research project its intent to participate
in the different phases of the research en mutually agreed terms. In case the coastal
State does not reply, the researching State or the international organization shall
proceed with the realization of the research project in accordance with the conditions
referred to in Article 16.
Article 23
1. States and international organizations conducting marine scientific research in
the economic zone of a coastal State shall take into account the interest, and rights
of the land-locked and other georamphically disadvantaged States of the region, neigh-
bouring to the research area, as provided for in this Convention, apd shall notify
these States of the proposed resarch project as well as provide, at their request,
relevant information and assistance as specified in Article 15 and Article 16, sub-
paragraphs (e) and (g).
2. Such neighbouring land-locked and other geographically disadvantaged States shall,
at their request,' be given the opportunity to participate, whenever feasiblo. in the
proposed research project through qualified experts to be appointed by them. ?
Article u
Coastal States shall on the basis of bilateral or regional and other multilateral
agreements' and in a spirit of international co-operation with a view to promoting
marine scientific research activities conducted in accordance with this Convention,
adopt measures, including domestic legislation, to facilitate access to their harbours
and to provide assistance for marine scientific research vessels carrying on such
activities.
.Artieie 2:21
-1. Al]. States, whether coastal or land-locked, as well as appropriate international
. organizations shall have the right in conformity with the provisions of this Conventiori.
to conduct marine scientifie research in the international sea-bed area.
2. Information concerning the research project in accordance with Article 15 shall be
submitted not less than days beforehand to the International Sea-hod. Authority,
established in accordance with the provisions of this Convention.
3. When a resource oriented marine scientific research programme is planned in'an
area immediately adjacent to the economic zone or continental shelf of a coastal State4
and research incidental to the research programme, involving entries into the economic
zone of the coastal .State may be required, the coastal State may request that the
provisions of Article 21 be fulfilled.
4. The 1.esearch rosulte; a'.eldhe published in a readily available scientific
-7ab1ication, and in any everec; made internationally available through appropriat
-international channels, as soon as possible.
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Artiol-
_
All States whether coastal or land-locked as well as appropriate international
organizations shall have the right in conformity with the provisions of this Convention
to conduct marine scientific research in the waters of the high seas beyond the limits
of the economic zone.
. CHAPTER FOUR
STATUS OP SCIENTil IC EQUIPI,E1IT THE MINE ENV IRCIDIENT
Article 27
The deployment and use of any type of scientific research installations or equip-
ment in the marine environment shall be subject to the same conditions as those for
the conduct of marine scientific research, as provided for in this Convention.
Article 28
All the rights necessary to operate and manage and the responsibility for such
installations or equipment shall remain with the States or the international organiz-
ations which have deployed them or on whose behalf they have been deployed, in
accordance with the provisions of this Convention, unless otherwise agreed between the
antics concerned.
Article 29
r
In areas where the consent of the coastal State is needed for the conduct of
marine scientific research in accordance with this Convention the coastal State has
the power to inspect and ensure that the installations or equipment are used in
conformity with the purposes and conditions set out for the conduct of the research
project, including the right, in the case of contravention by the deploying States or
international organizations, to take all appropriate judicial and administrative
measures.
Article 30,
The installations or equipment referred to in this Chanter shall not have the
status of islands or possess their own territorial waters, and their existence shall
not affect thedelimitation of the territorial sea, continental shelf or economic zone
of the coastal State.
Article 31:
Safety zones of a width not exceeding metres measured from the outermost
points of the installations referred to in this Chapter may be created around the
installations. All States shall ensure that such safety zones are respected by their
ships.
Article 32
The deployment and use9f an; niiThibiq tckehisdotlymitib4dbtkilkb2td
nt . ons or equip-
me must not ARTRIC-ISILFJ?Ftfi`e)M?1,611"e to -id estl'ars'ad. international shipping routes.
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Article 7,1"
Installations or equipment referred to in this Chapter shall bear identification,
markings indicating ?the State or international' organization to which they belong and
will have adequate warning signals to ensure the safety of sea and air navigation.
CHAPTER FIVE ?
RESPONSIBTTJITY AND TaBILITY.
Artic12_11
-States and competent international organizations shall be responsible for ensurin
that marine scientific research, whether undertaken by.them or on 'their behalf) is
? conducted in accordanc.o with the provisions of this Convention.
They shall be liable in conformity with international law for damage ariSing out
of marine scientific research undertaken by them or on the ix behalf.
Artic3,221
1. States shall also take the necessary legislative or regulatory measures to
prohibit any conduct of marine scientific research by their nationals, natural or
_juridical, or by other persons under their jurisdiction, which is in contravention of
provisions of this Convention and to 'establish sanctions therefor.
`3.. Staten shall ensure that recourse is available in accordance with their -legal.
systems for compensation or other relief in respect of damages arising out of marine
scientific research.
3. The liability in respect of damage caused within the area under national juris-
diction and/or sovereignty of a coastal State arising from marine scientific research
activities shall be governed by the law of the coastal State., taking into account the
relevant principles of inteDnational law.
Article 56
States undertake to co-operate in the development of international law relating
to procedures' for the assessment of damage, the determination of liability, the paymen
of compensation and the settlement of related disputes.
CHAPTER SIX .
SETTLTIIYT OF D ISPUTES
Article- 37
Any dispute with respect te the interpretation or application of the provisions
( this Convention with rozne't to marine scientific research shall be resolved by the
riispute settlement procedures contained in Chapter of this Convention. .
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PART
DEVELOPYENT AND TROSIJER CF TECHNOLOGY
CHAPTER ONE
GENERAL PROVISIONS
Article 1
1. All States either direccly or through appropriate International organizations shall
co-operate within their capabilities to actively promote the development and transfer of
marine sciences and marine technology at Lair and reasonable terms, conditions and
prices.
2. States in particular shall promote the development of the marine scientific and
technological capacity of developing States including land-locked and geographically
disadvantaged States 2/ in consonance with their economies and needs, with regard to
the exploration, exploitation, conservation and management of marine resources, the
preservation of the marine environment and the equitable and legitimate uses of the
marine environment compatible with this Convention, with a view to accelerating the
social and economic development of the developing States.
Artiele 2
Al]. States, in promoting such co-operation, shall have proper regard for all?
legitimate interests including, inter alia, the rights and duties of holders, suppliers
and recipients of technology.
:Article 3.
All States, either directly or through appropriate international organizations,
shall inter alia:
(a) promote the acquisition, evaluation and dissemination of marine
scientific and technological knowledge;
(b) promote the development of appropriate marine technology;
(c) promote the development of the necessary technological i-frastructure
to facilitate the transfer of marine scientific technology in consonance
with .the economy and the needs of the recipient country;
(d) promote the development of human resources through training and education
and especially the training of national personnel of a lesser developed
State;
(e) facilitate acciss to scientific and technological information and. data; and
(f) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
(..
? .
?/ The defin*onre the words eoEra..thically disadvantaged States could be
. Approve se2w1/091
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, , ,
definitions.
III
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.Article
In order to achieve the above-mentioned objectives, States, either. directly or
through the appropriate international organizations shall endeavour to, _inter alia:
(a)
establish programmes of technical co-operation for the effective transfer
of all kinds of marine technology to the developing States, particularly
the developing land-locked States which, due to their geographically
disadvantaged situation, have not been able to either establish or developi
their own technological capacity in marine science and in the exploration
and exploitation of the marine resources, and to develop the infrastructure
of such technology; ,
promote favourable conditions for the conclusion of agreements, contracts
and other similar arrangements, under equitable and reasonable conditions;
hold conferences, meetings and seminars on appropriate scientific and
technological subjects;
promote the exchange of scientists, technologists and other experts;
undertake projects, promote joint-ventures, mixed. enterprises (including
State enterprises) and other forms of bilateral and multilateral co-operati
? CHAPTER TWO
INTERNATIONAL CC-OPERATION
Article 5
International co-operation for the development and transfer of technology shall,
where feasible and appropriate, be carried out through existing bilateral regional or
multilateral programmes, and also througn expanded and new programmes to facilitate
marine scientific research and the transfer of marine technology in new fields.
Article 6
States, either directly or through appropriate international organizations shall
promote the establishment of universally accepted guidelines, taking into account in
particular the interests and needs of the developing States, for the transfer of marine
technology and, other work in the field of transfei of otechnology on a bilateral basis
or within the framework of international organizations and other fora.
Article 7
States shall endeavour to ensure that international organizations competent in
the field of the transfer of technology co-ordinate their activities in this field,
including any regional or international programmes, taking into account the interests
and needs of the developing States, including land-locked and geographically dis-
advantaged States.
Article 8
All Stalks shaldlr c or& to ey diAblivsTorrepifitickpiudoan214 d Authority
established in accordance wtn nms Convention, to encourage and facilitate the transfeio
to developing States and their nationals of skills and technology with regard to
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I
The International Sea-bed Authority shall, within its competence concerning the
exploration of the international saa-bed a/ea, the exploitation of its resources and
related activities, as provided for in Article ensure:
that nationals of developing States whether coastal, -land-locked or
otherwise geographically disadvantaged, on an equitable geographical
distribution, be taken on under training as members of the managerial,
research and technical staff constituted for its undertakings;
that the technical documentation on the relevant equipment, machinery,
devices and processes be made available to all developing States upon
request;
?
that. adequate provisions are made by it to facilitate the acquisition
by any developing State,. or its nationals, of the necessary skills and
know-how including professional training;
that the developing States, are assisted in the acquisition of necessary
equipment, processee, plant and other technical know-how through a special
Lund. or any other financial arrangement designed for this purpose.
Cil4PTER TIMEE
REGIONAL . Sc LNTIFIC .ATTID TE CI MO LOGI CA L CENTRES
4Artiele 10
States shall promote, Within their capabilities the establishment,. especially in
developing States, of regional marine scientific and technological research centres,
in co-ordination with the International Sea-bed Authority when appropriate as well as
with international organizations and national marine scientific and technological
institutions, in order to stimulate and ad?xbe the conduct o: marine scientific
research by developing States.
Article 11
The functions of such regional centres shall include, inter alia:
(a) training and educational programmes at all levels on various aspects of
marine scientific ana technological research, particularly marine biology,
including conservation and management of living resources, oceanography,
hydrography, engineerinte, geology, sea-bed mining and desalination.
technologies;
(b) management studies;
(0) study programmes related to the preservation of the marine environment
and the control of pollution;
(d) organization of regional seminars, conferences and symposia;
e acvisition and processing of marine scientific and technological data
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(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the
region covering both patented and non-patented technologies and know-how;
and
(h) technical co-operation to the countries of the regions
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