1 DE AGOSTO DE 1997

1340-(203)

pretation or application of this Convention which is submitted to it in accordance with this part.

2 — A court or tribunal referred to in article 287 shall also have jurisdiction over any dispute concerning the interpretation or application of an international agreement related to the purposes of this Convention, which is submitted to it in accordance with the agreement.

3 — The Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea established in accordance with annex vi, and any other chamber or arbitral tribunal referred to in part xi, section 5, shall have jurisdiction in any matter which is submitted to it in accordance therewith.

4 — In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal.

Article 289

Experts

In any dispute involving scientific or technical matters, a court or tribunal exercising jurisdiction under this section may, at the request of a party or proprio motu, select in consultation with the parties no fewer than two scientific or technical experts chosen preferably from the relevant list prepared in accordance with annex vni, article 2, to sit with the court or tribunal but without the right to vote.

Article 290 Provisional measures

1 — If a dispute has been duly submitted to a court or tribunal which considers that prima facie it has jurisdiction under this part or part xi, section 5, the court or tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending the final decision.

2 — Provisional measures may be modified or revoked as soon as the circumstances justifying them have changed or ceased to exist.

3 — Provisional measures may be prescribed, modified or revoked under this article only at the request of a party to the dispute and after the parties have been given an opportunity to be heard.

4 — The court or tribunal shall forthwith give notice to the parties to the dispute, and to such other States Parties as it considers appropriate, of the prescription, modification or revocation of provisional measures.

5 — Pending the constitution of an arbitral tribunal to which a dispute is being submitted under this section, any court or tribunal agreed upon by the parties or, failing such agreement within two weeks from the date of the request for provisional measures, the International Tribunal for the Law of the Sea or, with respect to activities in the Area, the Sea-Bed Disputes Chamber, may prescribe, modify or revoke provisional measures in accordance with this article if it considers that prima facie the tribunal which is to be constituted would have jurisdiction and that the urgency of the situation so requires. Once constituted, the tribunal to which the dispute has been submitted may modify, revoke or affirm those provisional measures, acting in conformity with paragraphs 1 to 4.

6 — The parties to the dispute shall comply promptly with any provisional measures prescribed under this article.

Article 291 Access

1 — All the dispute settlement procedures specified in this part shall be open to States Parties.

2 — The dispute settlement procedures specified in this part shall be open to entities other than States Parties only as specifically provided for in this Convention.

Article 292 Prompt release of vessels and crews

1 — Where the authorities of a State Party have detained a vessel flying the flag of another State Party and it is alleged that the detaining State has not complied with the provisions of this Convention for the prompt release of the vessel or its crew upon the posting of a reasonable bond or other financial security, the question of release from detention may be submitted to any court or tribunal agreed upon by the parties or, failing such agreement within 10 days from the time of detention, to a court or tribunal accepted by the detaining State under article 287 or to the International Tribunal for the Law of the Sea, unless the parties otherwise agree.

2 — The application for release may be made only by or on behalf of the flag State of the vessel.

3—The court or tribunal shall deal without delay with the application for release and shall deal only with the question of release, without prejudice to the merits of any case before the appropriate domestic forum against the vessel, its owner or its crew. The authorities of the detaining State remain competent to release the vessel or its crew at any time.

4 — Upon the posting of the bond or other financial security determined by the court or tribunal, the authorities of the detaining State shall comply promptly with the decision of the court or tribunal concerning the release of the vessel or its crew.

Artick 293 Applicable law

1 — A court or tribunal having jurisdiction under this section shall apply this Convention and other rules of international law not incompatible with this Convention.

2 — Paragraph 1 does not prejudice the power of the court or tribunal having jurisdiction under this section to decide a case ex aequo el bono, if the parties so agree.

Article 294

Preliminary proceedings

1 — A court or tribunal provided for in article 287 to which an application is made in respect of a dispute referred to in article 297 shall determine at the request of a party, or may determine proprio motu, whether the claim constitutes an abuse of legal process or whether prima facie it is well founded. If the court or tribunal determines that the claim constitutes an abuse of legal process or is prima facie unfounded, it shall take no further action in the case.