1982年联合国海洋法公约(附英文)

ify the nature and extent of the competence transferred.

　　Article 6 Responsibility and liability 1. Parties which have competence under Article 5 of this Annex shall have responsibility for failure to comply with obligations or for any other violation of this Convention. 2. Any State Party may request an international organisation or its member States which are States Parties for information as to who has responsibility in respect of any specific matter. The organisation 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 organisation 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 organisations.

3. When an international organisation and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organisation 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 organisation and the member State concerned shall be deemed to have accepted arbitration in accordance with Annex VII, unless the parties to the dispute otherwise agree.

　　Article 8 Applicability of Part XVII Part XVII applies mutatis mutandis to an international organisation, except in respect of the following: (a) the instrument of formal confirmation or of accession of an international organisation shall not be taken into account in the application of Article 308, paragraph 1; (b) (i) an international organisation 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 organisation to an amendment, the entire subject-matter over which the international organisation 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; (iii) the instrument of formal confirmation or of accession of the international organisation 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 organisation 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 organisation shall denounce this Convention when none of its member States is a State Party or if the international organisation no longer fulfils the qualifications specified in Article 1 of this Annex. Such denunciation shall take effect immediately.

　　TION 4 Contiguous Zone

　　PART III STRAITS USED FOR INTERNATIONAL NAVIGATION

　　SECTION 1 General Provisions

　　SECTION 2 Transit Passage

　　SECTION 3 Innocent Passage

　　PART IV ARCHIPELAGIC STATES

　　PART V EXCLUSIVE ECONOMIC ZONE

　　PART VI CONTINENTAL SHELF

　　PART VII HIGH SEAS

　　SECTION 1 General Provisions

　　SECTION 2 Conservation and Management of the Living Resources of the High Seas

　　PART VIII REGIME OF ISLANDS

　　PART IX ENCLOSED OR SEMI-ENCLOSED SEAS

　　PART X RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT

　　PART XI THE AREA

　　SECTION 1 General Provisions

　　SECTION 2 Principles Governing the Area

　　SECTION 3 Development of Resources of the Area

　　SECTION 4 The Authority

　　SECTION 5 Settlement of Disputes and Advisory Opinions

　　PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

　　SECTION 1 General Provisions

　　SECTION 2 Global and Regional Co-operation

　　SECTION 3 Technical Assistance

　　SECTION 4 Monitoring and Environment Assessment

　　SECTION 5 International Rules and National Legislation to Prevent, Reduce and Control Pollution of the Marine Environment

　　SECTION 6 Enforcement

　　SECTION 7 Safeguards

　　SECTION 8 Ice-covered Areas

　　SECTION 9 Responsibility and Liability

　　SECTION 10 Sovereign Immunity

　　SECTION 11 Obligations under other Conventions on the Protection and Preservation of the Marine Environment

　　PART XIII MARINE SCIENTIFIC RESEARCH

　　SECTION 1 General Provisions

　　SECTION 2 International C

o-operation

　　SECTION 3 Conduct and Promotion of Marine Scientific Research

　　SECTION 4 Scientific Research Installations or Equipment in the Marine Environment

　　SECTION 5 Responsibility and Liability (46)——Article 2

　　Lists of experts

　　1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping.

　　2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organisation of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Inter-Governmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organisation, or in each case by the appropriate subsidiary body concerned to which such organisation, programme or commission has delegated this function.

　　3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognised and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list.

　　4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary.

　　5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.

　　Article 3

　　Constitution of special arbitral tribunal

　　For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

　　(a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members.

　　(b) The party instituting the proceedings shall appoint two member to be chosen preferably from the appropriate list or lists referred to in Article 2 of this Annex relating to the matters in dispute, one of whom may be its national. The appointment shall be included in the notification referred to in Article 2 of this Annex.

　　(c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in Article 1 of this Annex, appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national. If the appointments are not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in accordance with subparagraph (e).

　　(d) The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in Article 1 of this Annex, the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period.

　　(e) Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of

the United Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs (c) and (d). The appointments referred to in this subparagraph shall be made from the appropriate list or lists of experts referred to in Article 2 of this Annex and in consultation with the parties to the dispute and the appropriate international organisation. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the partie

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