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Article 69
Right of land-locked States
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.
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:
- the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
- 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;
- 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;
- 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.
Article 70
Right of geographically disadvantaged States
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.
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:
- the need to avoid effects detrimental to fishing communities or
fishing industries of the coastal State;
- 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;
- 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;
- 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.
Article 71
Non-applicability of articles 69 and 70
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.
Article 72
Restrictions on transfer of rights
1. Rights provided under articles 69 and 70 to 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.
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.
Article 73
Enforcement of laws and regulations of the coastal State
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.
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.
Article 74
Delimitation of the exclusive economic zone between States
with opposite or adjacent coasts
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.
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.
Article 75
Charts and lists of geographical co-ordinates
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.
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.
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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