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ANNEX IX. PARTICIPATION BY INTERNATIONAL
ORGANIZATIONS
For the purposes of article 305 and of this Annex, "international
organization" means an intergovernmental organization constituted by States
to which its member States have transferred competence over matters
governed by this Convention, including the competence to enter into
treaties in respect of those matters.
An international organization may sign this Convention if a majority of its
member States are signatories of this Convention. At the time of signature
an international organization shall make a declaration specifying the
matters governed by this Convention in respect of which competence has been
transferred to that organization by its member States which are
signatories, and the nature and extent of that competence.
Article 3
Formal confirmation and accession
1. An international organization may deposit its instrument of formal
confirmation or of accession if a majority of its member States deposit or
have deposited their instruments of ratification or accession.
2. The instruments deposited by the international organization shall
contain the undertakings and declarations required by articles 4 and 5 of
this Annex.
Article 4
Extent of participation and rights and obligations
1. The instrument of formal confirmation or of accession of an
international organization shall contain an undertaking to accept the
rights and obligations of States under this Convention in respect of
matters relating to which competence has been transferred to it by its
member States which are Parties to this Convention .
2. An international organization shall be a Party to this Convention to the
extent that it has competence in accordance with the declarations,
communications of information or notifications referred to in article 5 of
this Annex.
3. Such an international organization shall exercise the rights and perform
the obligations which its member States which are Parties would otherwise
have under this Convention, on matters relating to which competence has
been transferred to it by those member States. The member States of that
international organization shall not exercise competence which they have
transferred to it.
4. Participation of such an international organization shall in no case
entail an increase of the representation to which its member States which
are States Parties would otherwise be entitled, including rights in
decision-making.
5. Participation of such an international organization shall in no case
confer any rights under this Convention on member States of the
organization which are not States Parties to this Convention.
6. In the event of a conflict between the obligations of an international
organization under this Convention and its obligations under the agreement
establishing the organization or any acts relating to it, the obligations
under this Convention shall prevail.
Article 5
Declarations, notifications and communications
1. The instrument of formal confirmation or of accession of an
international organization shall contain a declaration specifying the
matters governed by this Convention in respect of which competence has been
transferred to the organization by its member States which are Parties to
this Convention.
2. A member State of an international organization shall, at the time it
ratifies or accedes to this Convention or at the time when the organization
deposits its instrument of formal confirmation or of accession, whichever
is later, make a declaration specifying the matters governed by this
Convention in respect of which it has transferred competence to the
organization.
3. States Parties which are member States of an international organization
which is a Party to this Convention shall be presumed to have competence
over all matters governed by this Convention in respect of which transfers
of competence to the organization have not been specifically declared,
notified or communicated by those States under this article.
4. The international organization and its member States which are States
Parties shall promptly notify the depositary of this Convention of any
changes to the distribution of competence, including new transfers of
competence, specified in the declarations under paragraphs 1 and 2.
5. Any State Party may request an international organization and its member
States which are States Parties to provide information as to which, as
between the organization and its member States, has competence in respect
of any specific question which has arisen. The organization and the member
States concerned shall provide this information within a reasonable time.
The international organization and the member States may also, on their own
initiative, provide this information.
6. Declarations, notifications and communications of information under this
article shall specify the nature and extent of the competence transferred.
Article 6
Responsibility and liability
1. Parties which have competence under article 5 of this Annex shall have
responsibility for failure to comply with obligations or for any other
violation of this Convention.
2. Any State Party may request an international organization or its member
States which are States Parties for information as to who has
responsibility in respect of any specific matter. The organization and the
member States concerned shall provide this information. Failure to provide
this information within a reasonable time or the provision of contradictory
information shall result in joint and several liability.
Article 7
Settlement of disputes
1. At the time of deposit of its instrument of formal confirmation or of
accession, or at any time thereafter, an international organization shall
be free to choose, by means of a written declaration, one or more of the
means for the settlement of disputes concerning the interpretation or
application of this Convention, referred to in article 287, paragraph 1
(a), (c) or (d).
2. Part XV applies mutatis mutandis to any dispute between Parties to this
Convention, one or more of which are international organizations.
3. When an international organization and one or more of its member States
are joint parties to a dispute, or parties in the same interest, the
organization shall be deemed to have accepted the same procedures for the
settlement of disputes as the member States; when, however, a member State
has chosen only the International Court of Justice under article 287, the
organization and the member State concerned shall be deemed to have
accepted arbitration in accordance with Annex VII, unless the parties to
the dispute otherwise agree.
Part XVII applies mutatis mutandis to an international organization, except
in respect of the following:
- the instrument of formal confirmation or of accession of an
international organization shall not be taken into account in the
application of article 308, paragraph 1;
- an international organization shall have exclusive capacity with
respect to the application of articles 312 to 315, to the extent that
it has competence under article 5 of this Annex over the entire
subject matter of the amendment;
- the instrument of formal confirmation or of accession of an
international organization to an amendment, the entire subject-matter
over which the international organization has competence under
article 5 of this Annex, shall be considered to be the instrument of
ratification or accession of each of the member States which are
States Parties, for the purposes of applying
article 316, paragraphs
1, 2 and 3;
- the instrument of formal confirmation or of accession of the
international organization shall not be taken into account in the
application of article 316, paragraphs 1 and 2, with regard to all
other amendments;
- an international organization may not denounce this Convention in
accordance with article 317 if any of its member States is a State
Party and if it continues to fulfil the qualifications specified in
article 1 of this Annex;
- an international organization shall denounce this Convention
when none of its member States is a State Party or if the
international organization no longer fulfils the qualifications
specified in article 1 of this Annex. Such denunciation shall take
effect immediately.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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