1982年联合国海洋法公约(附英文)

2009-03-24 法律英语来源：互联网作者： ℃

s to the dispute.

　　(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.

　　(g) Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal.

　　(h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.

　　Article 4

　　General provisions

　　Annex VII, Articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.

　　Article 5

　　Fact finding

　　1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping, may at any time agree to request a special arbitral tribunal constituted in accordance with Article 3 of this Annex to carry out an inquiry and establish the facts giving rise to the dispute.

　　2. Unless the parties otherwise agree, the findings of fact of the special arbitral tribunal acting in accordance with paragraph 1, shall be considered as conclusive as between the parties.

　　3. If all the parties to the dispute so request, the special arbitral tribunal may formulate recommendations which, without having the force of a decision, shall only constitute the basis for a review by the parties of the questions giving rise to the dispute.

　　4. Subject to paragraph 2, the special arbitral tribunal shall act in accordance with the provisions of this Annex, unless the parties otherwise agree.

　　ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANISATIONS

　　Article 1

　　Use of terms

　　For the purposes of Article 305 and of this Annex, "international organisation" means an intergovernmental organisation constituted by States to which its member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters.

　　Article 2

　　Signature

　　An international organisation may sign this Convention if a majority of its member States are signatories of this Convention. At the time of signature an international organisation shall make a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to that organisation by its member States which are signatories,　and the nature and extend of that competence.

　　Article 3

　　Formal confirmation and accession

　　1. An international organisation may deposit its instrument of formal confirmation or of accession if a majority of its member States deposit or have deposited their instruments of ratification or accession.

　　2. The instruments deposited by the international organisation shall contain the undertakings and declarations required by Articles 4 and 5 of this Annex.

　　Article 4

　　Extent of participation and rights and obligations

　　1. The instrument of formal confirmation or of accession of an international organisation shall con

tain an undertaking to accept the rights and obligations of States under this Convention in respect of matters relating to which competence has been transferred to it by its member States which are Parties to this Convention.

　　2. An international organisation shall be a Party to this Convention to the extent that it has competence in accordance with the declarations, communications of information or notifications referred to in Article 5 of this Annex.

　　3. Such an international organisation shall exercise the rights and perform the obligations which its member States which are Parties would otherwise have under this Convention, on matters relating to which competence has been transferred to it by those member States. The member States of that international organisation shall not exercise competence which they have transferred to it.

　　4. Participation of such an international organisation shall in no case entail an increase of the representation to which its member States which are States Parties would otherwise be entitled,　including rights in decision-making.

　　5. Participation of such an international organisation shall in no case confer any rights under this Convention on member States of the organisations which are not States Parties to this Convention.

　　6. In the event of a conflict between the obligations of an international organisation under this Convention and its obligations under the agreement establishing the organisation or any acts relating to it, the obligations under this Convention shall prevail.

　　Article 5

　　Declarations, notifications and communications

　　1. The instrument of formal confirmation or of accession of an international organisation shall contain a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to the organisation by its member States which are Parties to this Convention.

　　2. A member State of an international organisation shall, at the time it ratifies or accedes to this Convention or at the time when the organisation deposits its instrument of formal confirmation or of accession, whichever is later, make a declaration specifying the matters governed by this Convention in respect of which it has transferred competence to the organisation.

　　3. States Parties which are member States of an international organisation which is a Party to this Convention shall be presumed to have competence over all matters governed by this Convention in respect of which transfers of competence to the organisation have not been specifically declared, notified or communicated by those States under this Article.

　　4. The international organisation and its member States which are States Parties shall promptly notify the depositary of this Convention of any changes to the distribution of competence,　including new transfers of competence, specified in the declarations under paragraphs 1 and 2.

　　5. Any State Party may request an international organisation and its member States which are States Parties to provide information as to which, as between the organisation and its member States, has competence in respect of any specific question which has arisen. The organisation and the member States concerned shall provide this information within a reasonable time. The international organisation and the member States may also, on their own initiative,　provide this information.

　　6. Declarations, notifications and communications of information under this Article shall specify 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 State

s 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,