1982年联合国海洋法公约(英文版)

来源:未知 2019-03-07

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982 


TABLE OF CONTENTS 
  PART I INTRODUCTION
  PART II TERRITORIAL SEA AND CONTIGUOUS ZONE
    SECTION 1 General Provisions
    SECTION 2 Limits of the Territorial Sea
    SECTION 3 Innocent Passage in the Territorial Sea
    SECTION 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 Co-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 parties 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 contain 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 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.
 
 


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