22 DE FEVEREIRO DE 1997

358-(51)

Article 134 Scope of this part

1 —This part applies to the Area.

2 — Activities in the Area shall be governed by the provisions of this part.

3 — The requirements concerning deposit of, and publicity to be given to, the charts or lists of geographical co-ordinates showing the limits referred to in article 1, paragraph 1, 1), are set forth in part vi.

4 — Nothing in this article affects the establishment of the outer limits of the continental shelf in accordance with part vi or the validity of agreements relating to delimitation between States with opposite or adjacent coasts.

Article 135 Legal status of the superjacent waters and air space

Neither this part nor any rights granted or exercised pursuant thereto shall affect the legal status of the waters superjacent to the Area or that of the air space above those waters.

SECTION 2 Principles governing the Area

Article 136 Common heritage of mankind

The Area and its resources are the common heritage of mankind.

Article 137 Legal status of the Area and its resources

1 — No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized.

2 — All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority shall act. These resources are not subject to alienation. The minerals recovered from the Area, however, may only be alienated in ar^ordance with this part and the rules, regulations and procedures of the Authority.

3 — No State or natural or juridical person shall claim, acquire or exercise rights with respect to the minerals recovered from the Area except in accordance with this part. Otherwise, no such claim, acquisition or exercise of such rights shall be recognized.

Article 138 General conduct of States in relation to the Area

The general conduct of States in relation to the Area shaft be in accordance with the provisions of this part, the principles embodied in the Charter of the United Nations and other rules of international law in the interests of maintaining peace and security and promoting international co-operation and mutual understanding.

Article 139

Responsibility to ensure compliance and liability for damage

1 — States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with this part. The same responsibility applies to international organizations for activities in the Area carried out by such organizations.

2 — Without prejudice to the rules of international law and annex in, article 22, damage caused by the failure of a State Party or international organization to carry out its responsibilities under this part shall entail liability; States Parties or international organizations acting together shall bear joint and several liability. A State Party shall not however be liable for damage caused by any failure to comply with this part by a person whom it has sponsored under article 153, paragraph 2, b), if the State Party has taken all necessary and appropriate measures to secure effective compliance under article 153, paragraph 4, and annex in, article 4, paragraph 4.

3 — States Parties that are members of international organizations shall take appropriate measures to ensure the implementation of this article with respect to such organizations.

Article 140 Benefit of mankind

1 — Activities in the Area shall, as specifically provided for in this part, be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, whether coastal or land-locked, and taking into particular consideration the interests and needs of developing States and of peoples who have not attained full independence or other self-governing status recognized by the United Nations in accordance with General Assembly Resolution 1514 (XV) and other relevant General Assembly resolutions.

2 — The Authority shall provide for the equitable sharing of financial and other economic benefits derived from activities in the Area through any appropriate mechanism, on a non-discriminatory basis, in accordance with article 160, paragraph 2,f), i).

Article 141 Use of the Area exclusively for peaceful purposes

The Area shall be open to use exclusively for peaceful purposes by all States, whether coastal or land-locked, without discrimination and without prejudice to the other provisions of this part.

Article 142 Rights and legitimate interests of coastal States

1 — Activities in the Area, with respect to resource deposits in the Area which lie across limits of national jurisdiction, shall be conducted with due regard to the rights and legitimate interests of any coastal State across whose jurisdiction such deposits lie.

2 — Consultations, including a system of prior notification, shall be maintained with de State concerned, with a view to avoiding infringement of such rights and