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１９８２年联合国海洋法公约(附英文) (46)
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| 发布时间：2006-1-12 11:48:46
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Article 2
Lists of experts
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 Organisation 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 Organisation, or in each
case by the appropriate subsidiary body concerned to which such
organisation, 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 recognised 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 The name of an expert shall remain on the list until withdrawn by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:
(a) Subject to subparagraph (g), the special arbitral tribunal
shall consist of five members.
(b) The party instituting the proceedings shall appoint two member
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 appointment shall be included in the notification
referred to in Article 2 of this Annex.
(c) 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).
(d) 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.
(e) 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 organisation. 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.
(f) Any vacancy shall be filled in the manner prescribed for the
initial appointment.
(g) 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.
(h) 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.
Article 5
Fact finding
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.
ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANISATIONS
Article 1
Use of terms
For the purposes of Article 305 and of this Annex, "international
organisation" means an intergovernmental organisation 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.
Article 2
Signature
An international organisation may sign this Convention if a majority
of its member States are signatories of this Convention. At the time of
signature an international organisation shall make a declaration
specifying the matters governed by this Convention in respect of which
competence has been transferred to that organisation by its member States
which are signatories, and the nature and extend of that competence.
Article 3
Formal confirmation and accession
1. An international organisation 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 organisation 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 organisation 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 organisation 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 organisation 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 organisation shall not exercise competence
which they have transferred to it.
4. Participation of such an international organisation 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 organisation shall in no
case confer any rights under this Convention on member States of the
organisations which are not States Parties to this Convention.
6. In the event of a conflict between the obligations of an
international organisation under this Convention and its obligations under
the agreement establishing the organisation 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 organisation shall contain a declaration specifying the
matters governed by this Convention in respect of which competence has
been transferred to the organisation by its member States which are
Parties to this Convention.
2. A member State of an international organisation shall, at the time
it ratifies or accedes to this Convention or at the time when the
organisation 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 organisation.
3. States Parties which are member States of an international
organisation 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 organisation have not been
specifically declared, notified or communicated by those States under this
Article.
4. The international organisation 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 organisation and its
member States which are States Parties to provide information as to which,
as between the organisation and its member States, has competence in
respect of any specific question which has arisen. The organisation and
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