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1340-(224)

II SERIE-A — NUMERO 69

is a disagreement as to whether they are of the same interest, they shall appoint conciliators separately;

h) In disputes involving more than two parties having separate interests, or where there is desagreement as to whether they are of the same interest, the parties shall apply subparagraphs a) to f) in so far as possible.

Article 4

Procedure

The conciliation commission shall, unless the parties otherwise agree, determine its own procedure. The commission may, with consent of the parties to the dispute, invite any State Party to submit to it its views orally or in writing. Decisions of the commission regardind procedural matters, the report and recommendations shallbe made by a majority vote of its members.

Article 5 Amicable settlement

The commission may draw the attention of the parties to any measures which might facilitate an amicable settlement of the dispute.

Article 6 Functions of the commission

The commission shall hear the parties, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.

Article 7

Report

1 — The commission shall report within .12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute.

2 — The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties.

Article 8 Termination

The conciliation proceedings are terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by written notification addressed to the Secretary-General of the United Nations, or when a period of three months has expired from the date of transmission of the report to the parties.

Article 9

Fees and expenses

The fees and expenses of the commission shall be borne by the parties to the dispute.

Article 10 Right of parties to modify procedure

The parties to the dispute may be agreement applicable solely to that dispute modify any provision of this annex.

SECTION 2

Compulsory submission to conciliation procedure pursuant to section 3 of part xv

Article 11 . Institution of proceedings

1 — Any party to a dispute which, in accordance with part xv, section 3, may be submitted to conciliation under this section, may institute the proceedings by written notification addressed to the other party or parties to the dispute.

2 — Any party to the dispute, notified under paragraph 1, shall be obliged to submit to such proceedings.

Article 12 Failure to reply or to submit to conciliation

The failure of a party or parties to the dispute to reply to notification of institution of proceedings or to submit to such proceedings shall not constitute a bar to the proceedings.

Article 13 Competence

A disagreement as to whether a conciliation commission acting under this section has competence shall be decided by the commission.

Article 14 Application of section 1

Articles 2 to 10 of section 1 of this annex apply subject to this section.

ANNEX VI

Statute of the International Tribunal for the Law of the Sea

Article 1 General provisions

1 — The International Tribunal for the Law of the Sea is constituted and shall function in accordance with the provisions of this Convention and this Statute.

2 — The seat of the Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany.

3 — The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable.

4 — A reference of a dispute to the Tribunal shall be governed by the provisions of parts xi and xv.

SECTION 1 Organization of the Tribunal

Article 2 Composition

1 — The Tribunal shall be composed of a body of 21 independent members elected from among persons