358-(56)

II SÉRIE-A — NÚMERO 23

the world economy and balanced growth of international trade;

d) Whether monopolization of activities in the Area has been prevented;

e) Whether the policies set forth in articles 150 and 151 have been fulfilled; and

f) Whether the system has resulted in the equitable sharing of benefits derived from activities in the Area, taking into particular consideration the interests and needs of the developing States.

2 — The Review Conference shall ensure the maintenance of the principle of the common heritage of mankind, the international régime designed to ensure equitable exploitation of the resources of the Area for the benefit of all countries, especially the developing States, and an Authority to organize, conduct and control activities in the Area. It shall also ensure the maintenance of the principles laid down in this part with regard to the exclusion of claims or exercise of sovereignty over any part of the Area, the rights of States and their general conduct in relation to the Area, and their participation in activities in the Area in conformity with this Convention, the prevention of monopolization of activities in the Area, the use of the Area exclusively for peaceful purposes, economic aspects of activities in the Area, marine scientific research, transfer of technology, protection of the marine environment, protection of human life, rights of coastal States, the legal status of

. the waters superjacent to the Area and that of the air space above those waters and accommodation between activities in the Area and other activities in the marine environment.

3 — The decision-making procedure applicable at the Review Conference shall be the same as that applicable at the Third United Nations Conference on the Law of the Sea. The Conference shall make every effort to reach agreement on any amendments by way of concensus and there should be no voting on such matters until all efforts at achieving consensus have been exhausted.

4 — If, five years after its commencement, the Review Conference has not reached agreement on the system of exploration and exploitation of the resources of the Area, it may decide during the ensuing 12 months, by a three-fourths majority of the States Parties, to adopt and submit to the States Parties for ratification or accession such amendments changing or modifying the system as it determines necessary and appropriate. Such amendments shall enter into force for all States Parties 12 months after the deposit of instruments of ratification or accession by three fourths of the States Parties.

5 — Amendments adopted by the Review Conference pursuant to this article shall not affect rights acquired under existing contracts.

SECTION 4 The Authority

SUBSECTION A

General provisions

Article 156

Establishment of the Authority

1 — There is hereby established the International Sea-Bed Authority, which shall function in accordance with this part.

2 — All States Parties are ipso facto members of the Authority.

3 — Observers at the Third United Nations Conference on the Law of the Sea who have signed the Final Act and who are not referred to in article 305, paragraph 1, c), d), e) or f), shall have the right to participate in the Authority as observers, in accordance with its rules, regulations and procedures.

4 — The seat of the Authority shall be in Jamaica.

5 — The Authority may establish such regional centres or offices as it deems necessary for the exercise of its functions.

Article 157 Nature and fundamental principles of the Authority

1 — The Authority is the organization through which States Parties shall, in accordance with this part, organize and control activities in the Area, particularly with a view to administering the resources of the Area.

2 — The powers and functions of the Authority shall be those expressly conferred upon it by this Convention. The Authority shall have such incidental powers, consistent with this Convention, as are implicit in and necessary for the exercise of those powers and functions with respect to activities in the Area.

3 — The Authority is based on the principle of the sovereign equality of all its members.

4 — All members of the Authority shall fulfil in good faith the obligations assumed by them in accordance with this part in order to ensure to all of them the rights and benefits resulting from membership.

Article 158

Organs of the Authority

1 -r- There are hereby established, as the principal organs of the Authority, an Assembly, a Council and a Secretariat.

2 — There is hereby established the Enterprise, the organ through which the Authority shall carry out the functions referred to in article 170, paragraph 1.

3 — Such subsidiary organs as may be found necessary may be established in accordance with this part.

4 — Each principal organ of the Authority and the Enterprise shall be responsible for exercising those powers and functions which are conferred upon it. In exercising such powers and functions each organ shall avoid taking any action which may derogate from or impede the exercise of specific powers and functions conferred upon another organ.

SUBSECTION B The Assembly

Article 159 Composition, procedure and voting

1 — The Assembly shall consist of all the members of the Authority. Each member shall have one representative in the Assembly, who may be accompanied by alternates and advisers.

2 — The Assembly shall meet in regular annual sessions and in such special sessions as may be decided by the Assembly, or convened by the Secretary-General at the request of the Council or of a majority of the members of the Authority.