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PART XVII
FINAL PROVISIONS
1. This Convention shall be open for signature by:
- all States;
- Namibia, represented by the United Nations Council for Namibia;
- all self-governing associated States which have chosen that status in
an act of self-determination supervised and approved by the United
Nations in accordance with General Assembly resolution 1514 (XV) and
which have competence over the matters governed by this Convention,
including the competence to enter into treaties in respect of those
matters;
- all self-governing associated States which, in accordance with their
respective instruments of association, have competence over the
matters governed by this Convention, including the competence to
enter into treaties in respect of those matters;
- all territories which enjoy full internal self-government, recognized
as such by the United Nations, but have not attained full
independence in accordance with General Assembly resolution 1514 (XV)
and which have competence over the matters governed by this
Convention, including the competence to enter into treaties in
respect of those matters;
- international organizations, in accordance with Annex IX.
2. This Convention shall remain open for signature until 9 December 1984 at
the Ministry of Foreign Affairs of Jamaica and also, from 1 July 1983 until
9 December 1984, at United Nations Headquarters in New York.
Article 306
Ratification and formal confirmation
This Convention is subject to ratification by States and the other entities
referred to in article 305, paragraph 1 (b), (c), (d) and (e), and to
formal confirmation, in accordance with Annex IX, by the entities referred
to in article 305, paragraph 1 (f). The instruments of ratification and of
formal confirmation shall be deposited with the Secretary-General of the
United Nations.
This Convention shall remain open for accession by States and the other
entities referred to in article 305. Accession by the entities referred to
in article 305, paragraph 1 (f), shall be in accordance with Annex IX. The
instruments of accession shall be deposited with the Secretary-General of
the United Nations.
1. This Convention shall enter into force 12 months after the date of
deposit of the sixtieth instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the
deposit of the sixtieth instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day following the
deposit of its instrument of ratification or accession, subject to
paragraph 1.
3. The Assembly of the Authority shall meet on the date of entry into force
of this Convention and shall elect the Council of the Authority. The first
Council shall be constituted in a manner consistent with the purpose of
article 161 if the provisions of that article cannot be strictly applied.
4. The rules, regulations and procedures drafted by the Preparatory
Commission shall apply provisionally pending their formal adoption by the
Authority in accordance with Part XI.
5. The Authority and its organs shall act in accordance with resolution II
of the Third United Nations Conference on the Law of the Sea relating to
preparatory investment and with decisions of the Preparatory Commission
taken pursuant to that resolution.
Article 309
Reservations and exceptions
No reservations or exceptions may be made to this Convention unless
expressly permitted by other articles of this Convention.
Article 310
Declarations and statements
Article 309 does not preclude a State, when signing, ratifying or acceding
to this Convention, from making declarations or statements, however phrased
or named, with a view, inter alia, to the harmonization of its laws and
regulations with the provisions of this Convention, provided that such
declarations or statements do not purport to exclude or to modify the legal
effect of the provisions of this Convention in their application to that
State.
Article 311
Relation to other conventions and international agreements
1. This Convention shall prevail, as between States Parties, over the
Geneva Conventions on the Law of the Sea of 29 April 1958.
2. This Convention shall not alter the rights and obligations of States
Parties which arise from other agreements compatible with this Convention
and which do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.
3. Two or more States Parties may conclude agreements modifying or
suspending the operation of provisions of this Convention, applicable
solely to the relations between them, provided that such agreements do not
relate to a provision derogation from which is incompatible with the
effective execution of the object and purpose of this Convention, and
provided further that such agreements shall not affect the application of
the basic principles embodied herein, and that the provisions of such
agreements do not affect the enjoyment by other States Parties of their
rights or the performance of their obligations under this Convention.
4. States Parties intending to conclude an agreement referred to in
paragraph 3 shall notify the other States Parties through the depositary of
this Convention of their intention to conclude the agreement and of the
modification or suspension for which it provides.
5. This article does not affect international agreements expressly
permitted or preserved by other articles of this Convention.
6. States Parties agree that there shall be no amendments to the basic
principle relating to the common heritage of mankind set forth in article
136 and that they shall not be party to any agreement in derogation
thereof.
1. After the expiry of a period of 10 years from the date of entry into
force of this Convention, a State Party may, by written communication
addressed to the Secretary-General of the United Nations, propose specific
amendments to this Convention, other than those relating to activities in
the Area, and request the convening of a conference to consider such
proposed amendments. The Secretary-General shall circulate such
communication to all States Parties. If, within 12 months from the date of
the circulation of the communication, not less than one half of the States
Parties reply favourably to the request, the Secretary-General shall
convene the conference.
2. The decision-making procedure applicable at the amendment conference
shall be the same as that applicable at the Third United Nations Conference
on the Law of the Sea unless otherwise decided by the conference. The
conference should make every effort to reach agreement on any amendments by
way of consensus and there should be no voting on them until all efforts at
consensus have been exhausted.
Article 313
Amendment by simplified procedure
1. A State Party may, by written communication addressed to the Secretary-
General of the United Nations, propose an amendment to this Convention,
other than an amendment relating to activities in the Area, to be adopted
by the simplified procedure set forth in this article without convening a
conference. The Secretary-General shall circulate the communication to all
States Parties.
2. If, within a period of 12 months from the date of the circulation of the
communication, a State Party objects to the proposed amendment or to the
proposal for its adoption by the simplified procedure, the amendment shall
be considered rejected. The Secretary-General shall immediately notify all
States Parties accordingly.
3. If, 12 months from the date of the circulation of the communication, no
State Party has objected to the proposed amendment or to the proposal for
its adoption by the simplified procedure, the proposed amendment shall be
considered adopted. The Secretary-General shall notify all States Parties
that the proposed amendment has been adopted.
Article 314
Amendments to the provisions of this Convention relating
exclusively to activities in the Area
1. A State Party may, by written communication addressed to the Secretary-
General of the Authority, propose an amendment to the provisions of this
Convention relating exclusively to activities in the Area, including Annex
VI, section 4. The Secretary-General shall circulate such communication to
all States Parties. The proposed amendment shall be subject to approval by
the Assembly following its approval by the Council. Representatives of
States Parties in those organs shall have full powers to consider and
approve the proposed amendment. The proposed amendment as approved by the
Council and the Assembly shall be considered adopted.
2. Before approving any amendment under paragraph 1, the Council and the
Assembly shall ensure that it does not prejudice the system of exploration
for and exploitation of the resources of the Area, pending the Review
Conference in accordance with article 155.
Article 315
Signature, ratification oft accession to
and authentic texts of amendments
1. Once adopted, amendments to this Convention shall be open for signature
by States Parties for 12 months from the date of adoption, at United
Nations Headquarters in New York, unless otherwise provided in the
amendment itself.
2. Articles 306, 307 and 320 apply to all amendments to this Convention.
Article 316
Entry into force of amendments
1. Amendments to this Convention, other than those referred to in paragraph
5, shall enter into force for the States Parties ratifying or acceding to
them on the thirtieth day following the deposit of instruments of
ratification or accession by two thirds of the States Parties or by 60
States Parties, whichever is greater. Such amendments shall not affect the
enjoyment by other States Parties of their rights or the performance of
their obligations under this Convention.
2. An amendment may provide that a larger number of ratifications or
accessions shall be required for its entry into force than are required by
this article.
3. For each State Party ratifying or acceding to an amendment referred to
in paragraph 1 after the deposit of the required number of instruments of
ratification or accession, the amendment shall enter into force on the
thirtieth day following the deposit of its instrument of ratification or
accession.
4. A State which becomes a Party to this Convention after the entry into
force of an amendment in accordance with paragraph 1 shall, failing an
expression of a different intention by that State:
- be considered as a Party to this Convention as so amended; and
- be considered as a Party to the unamended Convention in relation to
any State Party not bound by the amendment.
5. Any amendment relating exclusively to activities in the Area and any
amendment to Annex VI shall enter into force for all States Parties one
year following the deposit of instruments of ratification or accession by
three fourths of the States Parties.
6. A State which becomes a Party to this Convention after the entry into
force of amendments in accordance with paragraph 5 shall be considered as a
Party to this Convention as so amended.
1. A State Party may, by written notification addressed to the Secretary-
General of the United Nations, denounce this Convention and may indicate
its reasons. Failure to indicate reasons shall not affect the validity of
the denunciation. The denunciation shall take effect one year after the
date of receipt of the notification, unless the notification specifies a
later date.
2. A State shall not be discharged by reason of the denunciation from the
financial and contractual obligations which accrued while it was a Party to
this Convention, nor shall the denunciation affect any right, obligation or
legal situation of that State created through the execution of this
Convention prior to its termination for that State.
3. The denunciation shall not in any way affect the duty of any State Party
to fulfil any obligation embodied in this Convention to which it would be
subject under international law independently of this Convention.
The Annexes form an integral part of this Convention and, unless expressly
provided otherwise, a reference to this Convention or to one of its Parts
includes a reference to the Annexes relating thereto.
1. The Secretary-General of the United Nations shall be the depositary of
this Convention and amendments thereto.
2. In addition to his functions as depositary, the Secretary-General shall:
- report to all States Parties, the Authority and competent
international organizations on issues of a general nature that have
arisen with respect to this Convention;
- notify the Authority of ratifications and formal confirmations of and
accessions to this Convention and amendments thereto, as well as of
denunciations of this Convention;
- notify States Parties of agreements in accordance with article 311,
paragraph 4;
- circulate amendments adopted in accordance with this Convention to
States Parties for ratification or accession;
- convene necessary meetings of States Parties in accordance with this
Convention.
3.- The Secretary-General shall also transmit to the observers
referred to in article 156:
- reports referred to in paragraph 2 (a);
- notifications referred to in paragraph 2 (b) and (c); and
- texts of amendments referred to in paragraph 2 (d), for their
information.
- The Secretary-General shall also invite those observers to
participate as observers at meetings of States Parties referred to in
paragraph 2(e).
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall, subject to
article 305, paragraph 2, be deposited with the Secretary-General of the
United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Convention.
DONE AT MONTEGO BAY, this tenth day of December, one thousand nine hundred
and eighty-two.
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Convention on the Law of the Sea: Index
Parts:
I -
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III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
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II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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