Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

Article 26
Special assistance in the implementation of this Agreement

1. States shall cooperate to establish special funds to assist developing States
in the implementation of this Agreement, including assisting developing States
to meet the costs involved in any proceedings for the Settlement of Disputes to
which they may be parties.

2. States and International Organizations should assist developing States in
establishing new subregional or regional fisheries management organizations or
arrangements, or in strengthening existing organizations or arrangements, for
the conservation and management of straddling fish stocks and highly migratory
fish stocks.

PART VIII
PEACEFUL Settlement of Disputes

Article 27
Obligation to settle disputes by peaceful means

States have the obligation to settle their disputes by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own choice.

Article 28
Prevention of disputes

States shall cooperate in order to prevent disputes. To this end, States
shall agree on efficient and expeditious decision-making procedures within
subregional and regional fisheries management organizations and arrangements and
shall strengthen existing decision-making procedures as necessary.

Article 29
Disputes of a technical nature

Where a dispute concerns a matter of a technical nature, the States concerned
may refer the dispute to an ad hoc expert panel established by them. The panel
shall confer with the States concerned and shall endeavour to resolve the
dispute expeditiously, without recourse to binding procedures for the settlement
of disputes.

Article 30
Procedures for the settlement of disputes

1. The provisions relating to the settlement of disputes set out in Part XV of
the Convention apply mutatis mutandis to any dispute between States Parties tothis Agreement concerning the interpretation or application of this Agreement,
whether or not they are also Parties to the Convention.

2. The provisions relating to the settlement of disputes set out in Part XV of
the Convention apply mutatis mutandis to any dispute between States Parties to
this Agreement concerning the interpretation or application of a subregional,
regional or global fisheries agreement relating to straddling fish stocks or
highly migratory fish stocks to which they are parties, including any dispute
concerning the conservation and management of such stocks, whether or not they
are also Parties to the Convention.

3. Any procedure accepted by a State Party to this Agreement and the Convention
pursuant to article 287 of the Convention shall apply to the settlement of
disputes under this Part, unless that State Party, when signing, ratifying or
acceding to this Agreement, or at any time thereafter, has accepted another
procedure pursuant to article 287 for the settlement of disputes under this
Part.

4. A State Party to this Agreement which is not a Party to the
Convention, when signing, ratifying or acceding to this Agreement, or at any
time thereafter, shall be free to choose, by means of a written declaration, one
or more of the means set out in article 287, paragraph 1, of the Convention for
the settlement of disputes under this Part. Article 287 shall apply to such a
declaration, as well as to any dispute to which such State is a party which is
not covered by a declaration in force. For the purposes of conciliation and
arbitration in accordance with Annexes V, VII and VIII to the Convention, such
State shall be entitled to nominate conciliators, arbitrators and experts to be
included in the lists referred to in Annex V, article 2, Annex VII, article 2,
and Annex VIII, article 2, for the settlement of disputes under this Part.

5. Any court or tribunal to which a dispute has been submitted under this Part
shall apply the relevant provisions of the Convention, of this Agreement and of
any relevant subregional, regional or global fisheries agreement, as well as
generally accepted standards for the conservation and management of living
marine resources and other rules of international law not incompatible with the
Convention, with a view to ensuring the conservation of the straddling fish
stocks and highly migratory fish stocks concerned.

Article 31
Provisional measures

1. Pending the settlement of a dispute in accordance with this Part, the parties
to the dispute shall make every effort to enter into provisional arrangements of
a practical nature.

2. Without prejudice to article 290 of the Convention, the court or tribunal to
which the dispute has been submitted under this Part may prescribe any
provisional measures which it considers appropriate under the circumstances to
preserve the respective rights of the parties to the dispute or to prevent
damage to the stocks in question, as well as in the circumstances referred to in
article 7, paragraph 5, and article 16, paragraph 2.

3. A State Party to this Agreement which is not a Party to the Convention may
declare that, notwithstanding article 290, paragraph 5, of the Convention, the
International Tribunal for the Law of the Sea shall not be entitled to
prescribe, modify or revoke provisional measures without the agreement of such
State.

Article 32
Lmitations on applicability of procedures for the settlement of disputes

Article 297, paragraph 3, of the Convention applies also to this Agreement.

PART IX
NON-PARTIES TO THIS AGREEMENT

Article 33
Non-parties to this Agreement

1. States Parties shall encourage non-parties to this Agreement to become
parties thereto and to adopt laws and regulations consistent with its
provisions.

2. States Parties shall take measures consistent with this Agreement and
international law to deter the activities of vessels flying the flag of
non-parties which undermine the effective implementation of this Agreement.

PART X
GOOD FAITH AND ABUSE OF RIGHTS

Article 34
Good faith and abuse of rights

States Parties shall fulfill in good faith the obligations assumed under this
Agreement and shall exercise the rights recognized in this Agreement in a manner
which would not constitute an abuse of right.

Part XI
RESPONSIBILITY AND LIABILITY

Article 35
Responsibility and liability

States Parties are liable in accordance with international law for damage or
loss attributable to them in regard to this Agreement.

PART XII
REVIEW CONFERENCE

Article 36

Review conference

1. Four years after the date of entry into force of this Agreement, the
Secretary-General of the United Nations shall convene a conference with a view
to assessing the effectiveness of this Agreement in securing the conservation
and management of straddling fish stocks and highly migratory fish stocks. The
Secretary-General shall invite to the conference all States Parties and those
States and entities which are entitled to become parties to this Agreement as
well as those intergovernmental and non-governmental organizations entitled to
participate as observers.

2. The conference shall review and assess the adequacy of the provisions of this
Agreement and, if necessary, propose means of strengthening the substance and
methods of implementation of those provisions in order better to address any
continuing problems in the conservation and management of straddling fish stocks
and highly migratory fish stocks.

 

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, International Organizations, Settlement of Disputes.