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ANNEX VIII. SPECIAL ARBITRATION
Article 1
Institution of proceedings
Subject to Part XV, any party to a dispute concerning the interpretation or
application of the articles of this Convention relating to (1) fisheries,
(2) protection and preservation of the marine environment, (3) marine
scientific research, or (4) navigation, including pollution from vessels
and by dumping may submit the dispute to the special arbitral procedure
provided for in this Annex by written notification addressed to the other
party or parties to the dispute. The notification shall be accompanied by a
statement of the claim and the grounds on which it is based.
1. A list of experts shall be established and maintained in respect of each
of the fields of (1) fisheries, (2) protection and preservation of the
marine environment, (3) marine scientific research, and (4) navigation,
including pollution from vessels and by dumping.
2. The lists of experts shall be drawn up and maintained, in the field of
fisheries by the Food and Agriculture Organization of the United Nations,
in the field of protection and preservation of the marine environment by
the United Nations Environment Programme, in the field of marine scientific
research by the Inter-Governmental Oceanographic Commission, in the field
of navigation, including pollution from vessels and by dumping, by the
International Maritime Organization, or in each case by the appropriate
subsidiary body concerned to which such organization, programme or
commission has delegated this function.
3. Every State Party shall be entitled to nominate two experts in each
field whose competence in the legal, scientific or technical aspects of
such field is established and generally recognized and who enjoy the
highest reputation for fairness and integrity. The names of the persons so
nominated in each field shall constitute the appropriate list.
4. If at any time the experts nominated by a State Party in the list so
constituted shall be fewer than two, that State Party shall be entitled to
make further nominations as necessary.
5. The name of an expert shall remain on the list until withdrawn by the
State Party which made the nomination, provided that such expert shall
continue to serve on any special arbitral tribunal to which that expert has
been appointed until the completion of the proceedings before that special
arbitral tribunal.
Article 3
Constitution of special arbitral tribunal
For the purpose of proceedings under this Annex, the special arbitral
tribunal shall, unless the parties otherwise agree, be constituted as
follows:
- Subject to subparagraph (g), the special arbitral tribunal shall
consist of five members.
- The party instituting the proceedings shall appoint two members to be
chosen preferably from the appropriate list or lists referred to in
article 2 of this Annex relating to the matters in dispute, one of
whom may be its national. The appointments shall be included in the
notification referred to in article 1 of this Annex.
- The other party to the dispute shall, within 30 days of receipt of
the notification referred to in article 1 of this Annex, appoint two
members to be chosen preferably from the appropriate list or lists
relating to the matters in dispute, one of whom may be its national.
If the appointments are not made within that period, the party
instituting the proceedings may, within two weeks of the expiration
of that period, request that the appointments be made in accordance
with subparagraph (e).
- The parties to the dispute shall by agreement appoint the President
of the special arbitral tribunal, chosen preferably from the
appropriate list, who shall be a national of a third State, unless
the parties otherwise agree. If, within 30 days of receipt of the
notification referred to in article 1 of this Annex, the parties are
unable to reach agreement on the appointment of the President, the
appointment shall be made in accordance with subparagraph (e), at the
request of a party to the dispute. Such request shall be made within
two weeks of the expiration of the aforementioned 30-day period.
- Unless the parties agree that the appointment be made by a person or
a third State chosen by the parties, the Secretary-General of the
United Nations shall make the necessary appointments within 30 days
of receipt of a request under subparagraphs (c) and (d). The
appointments referred to in this subparagraph shall be made from the
appropriate list or lists of experts referred to in article 2 of this
Annex and in consultation with the parties to the dispute and the
appropriate international organization. The members so appointed
shall be of different nationalities and may not be in the service of,
ordinarily resident in the territory of, or nationals of, any of the
parties to the dispute.
- Any vacancy shall be filled in the manner prescribed for the initial
appointment.
- Parties in the same interest shall appoint two members of the
tribunal jointly by agreement. Where there are several parties having
separate interests or where there is disagreement as to whether they
are of the same interest, each of them shall appoint one member of
the tribunal.
- In disputes involving more than two parties, the provisions of
subparagraphs (a) to (f) shall apply to the maximum extent possible.
Article 4
General provisions
Annex VII, articles 4 to 13, apply mutatis mutandis to the special
arbitration proceedings in accordance with this Annex.
1. The parties to a dispute concerning the interpretation or application of
the provisions of this Convention relating to (1) fisheries, (2) protection
and preservation of the marine environment, (3) marine scientific research,
or (4) navigation, including pollution from vessels and by dumping, may at
any time agree to request a special arbitral tribunal constituted in
accordance with article 3 of this Annex to carry out an inquiry and
establish the facts giving rise to the dispute.
2. Unless the parties otherwise agree, the findings of fact of the special
arbitral tribunal acting in accordance with paragraph 1, shall be
considered as conclusive as between the parties.
3. If all the parties to the dispute so request, the special arbitral
tribunal may formulate recommendations which, without having the force of a
decision, shall only constitute the basis for a review by the parties of
the questions giving rise to the dispute.
4. Subject to paragraph 2, the special arbitral tribunal shall act in
accordance with the provisions of this Annex, unless the parties otherwise
agree.
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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