1 DE AGOSTO DE 1997

1340-(233)

2 — Any State Party may request an international organization or its member States which are States Parties for information as to who has responsibility in respect of any specific matter. The organization and the member States concerned shall provide this information. Failure to provide this information within a reasonable time or the provision of contradictory information shall result in joint and several liability.

Article 7 Settlement of disputes

1 — At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this Convention, referred to in article 287, paragraph 1, a), c) or d).

2 — Part xv applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations.

3 — When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with annex ami, unless the parties to the dispute otherwise agree:

Article 8

Applicability of part xvu

Part xvn applies mutatis mutandis to an international organization, except in respect of the following:

a) The instrument of formal confirmation or of accession of an international organization shall not be taken into account in the application of article 308, paragraph 1;

b):

i) An international organization shall have exclusive capacity with respect to the application of articles 312 to 315, to the extent that it has competence under article 5 of this annex over the entire subject-matter of the amendment;

ii) The instrument of formal confirmation or of accession of an international organization to an amendment, the entire subject-matter over which the international organization has competence under article 5 of this annex, shall be considered to be the instrument of ratification or accession of each of the member States which are States Parties for the purposes of applying article 316, paragraphs 1, 2 and 3;

Hi) The instrument of formal confirmation or of accession of the international organization shall not be taken into account in the application of article 316, paragraphs 1 and 2, with regard to all other amendments:

c):

i) An international organization may not denounce this Convention in accordance with article 317 if any of its member States is a State Party and if it continues to fulfil the qualifications specified in article 1 of this annex;

ii) An international organization shall denounce this Convention when none of its member States is a State Party or if the international organization no longer fulfils the qualifications specified in article 1 of this annex. Such denunciation shall take effect immediately.

AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982

The States Parties to this Agreement:

Recognizing the important contribution of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter referred to as «the Convention») to the maintenance of peace, justice and progress for all peoples of the world;

Reaffirming that the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as «the Area»), as well as the resources of the Area, are the common heritage of mankind;

Mindful of the importance of the Convention for the protection and preservation of the marine environment and of the growing concern for the global environment;

Having considered the report of the Secretary-General of the United Nations on the results of the informal consultations among States held from 1990 to 1994 on outstanding issues relating to part xi and related provisions of the Convention (hereinafter referred to as «part xi»);

Noting the political and economic changes, including market-oriented approaches, affecting the implementation of part xi;

Wishing to facilitate universal participation in the Convention;

Considering that an agreement relating to the implementation of part xi would best meet that objective;

have agreed as follows:

Article 1 Implementation of part XI

1 — The States Parties to this Agreement undertake to implement part xi in accordance with this Agreement.

2 — The annex forms an integral part of this Agreement.

Article 2

Relationship between this Agreement and part xi

1 — The provisions of this Agreement and part xi shall be interpreted and applied together as a single