Settlement of Disputes

Article 296
Finality and binding force of decisions

1. Any decision rendered by a court or tribunal having jurisdiction under
this section shall be final and shall be complied with by all the parties
to the dispute.

2. Any such decision shall have no binding force except between the parties
and in respect of that particular dispute.

SECTION 3. LIMITATIONS AND EXCEPTIONS TO
APPLICABILITY OF SECTION 2

Article 297
Limitations on applicability of section 2

1. Disputes concerning the interpretation or application of this Convention
with regard to the exercise by a coastal State of its sovereign rights or
jurisdiction provided for in this Convention shall be subject to the
procedures provided for in section 2 in the following cases:

(a) when it is alleged that a coastal State has acted in contravention of
the provisions of this Convention in regard to the freedoms and
rights of navigation, overflight or the laying of submarine cables
and pipelines, or in regard to other internationally lawful uses of
the sea specified in article 58;
(b) when it is alleged that a State in exercising the aforementioned
freedoms, rights or uses has acted in contravention of this
Convention or of laws or regulations adopted by the coastal State in
conformity with this Convention and other rules of international law
not incompatible with this Convention; or
(c) when it is alleged that a coastal State has acted in contravention of
specified international rules and standards for the protection and
preservation of the marine environment which are applicable to the
coastal State and which have been established by this Convention or
through a competent international organization or diplomatic
conference in accordance with this Convention.

2. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to marine scientific
research shall be settled in accordance with section 2, except that
the coastal State shall not be obliged to accept the submission to
such settlement of any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion in
accordance with article 246, or
(ii) a decision by the coastal State to order suspension or cessation
of a research project in accordance with article 253.
(b) A dispute arising from an allegation by the researching State that
with respect to a specific project the coastal State is not
exercising its rights under articles 246 and 253 in a manner
compatible with this Convention shall be submitted, at the request of
either party, to conciliation under Annex V, section 2, provided that
the conciliation commission shall not call in question the exercise
by the coastal State of its discretion to designate specific areas as
referred to in article 246, paragraph 6, or of its discretion to
withhold consent in accordance with article 246, paragraph 5.

3. (a) Disputes concerning the interpretation or application of the
provisions of this Convention with regard to fisheries shall be
settled in accordance with section 2, except that the coastal State
shall not be obliged to accept the submission to such settlement of
any dispute relating to its sovereign rights with respect to the
living resources in the Exclusive Economic Zone or their exercise,
including its discretionary powers for determining the allowable
catch, its harvesting capacity, the allocation of surpluses to other
States and the terms and conditions established in its conservation
and management laws and regulations.
(b) Where no settlement has been reached by recourse to section 1 of this
Part, a dispute shall be submitted to conciliation under Annex V,
section 2, at the request of any party to the dispute, when it is
alleged that:
(i) a coastal State has manifestly failed to comply with its
obligations to ensure through proper conservation and management
measures that the maintenance of the living resources in the
Exclusive Economic Zone is not seriously endangered;
(ii) a coastal State has arbitrarily refused to determine, at the
request of another State, the allowable catch and its capacity to
harvest living resources with respect to stocks which that other
State is interested in fishing, or
(iii) a coastal State has arbitrarily refused to allocate to any
State, under articles 62, 69 and 70 and under the terms and
conditions established by the coastal State consistent with this
Convention, the whole or part of the surplus it has declared to
exist.
(c) In no case shall the conciliation commission substitute its
discretion for that of the coastal State.
(d) The report of the conciliation commission shall be communicated to
the appropriate International Organizations .
(e) In negotiating agreements pursuant to articles 69 and 70, States
Parties, unless they otherwise agree, shall include a clause on
measures which they shall take in order to minimize the possibility
of a disagreement concerning the interpretation or application of the
agreement, and on how they should proceed if a disagreement
nevertheless arises.

Article 298
Optional exceptions to applicability of section 2

1. When signing, ratifying or acceding to this Convention or at any time
thereafter, a State may, without prejudice to the obligations arising under
section 1, declare in writing that it does not accept any one or more of
the procedures provided for in section 2 with respect to one or more of the
following categories of disputes:
(a) (i) disputes concerning the interpretation or application of articles
15, 74 and 83 relating to sea boundary delimitations, or those
involving historic bays or titles, provided that a State having made
such a declaration shall, when such a dispute arises subsequent to
the entry into force of this Convention and where no agreement within
a reasonable period of time is reached in negotiations between the
parties, at the request of any party to the dispute, accept
submission of the matter to conciliation under Annex V, section 2;
and provided further that any dispute that necessarily involves the
concurrent consideration of any unsettled dispute concerning
sovereignty or other rights over continental or insular land
territory shall be excluded from such submission;
(ii) after the conciliation commission has presented its report,
which shall state the reasons on which it is based, the parties shall
negotiate an agreement on the basis of that report; if these
negotiations do not result in an agreement, the parties shall, by
mutual consent, submit the question to one of the procedures provided
for in section 2, unless the parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary dispute
finally settled by an arrangement between the parties, or to any such
dispute which is to be settled in accordance with a bilateral or
multilateral agreement binding upon those parties;
(b) disputes concerning military activities, including military
activities by government vessels and aircraft engaged in
non-commercial service, and disputes concerning law enforcement
activities in regard to the exercise of sovereign rights or
jurisdiction excluded from the jurisdiction of a court or tribunal
under article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the United
Nations is exercising the functions assigned to it by the Charter of
the United Nations, unless the Security Council decides to remove the
matter from its agenda or calls upon the parties to settle it by the
means provided for in this Convention.

2. A State Party which has made a declaration under paragraph 1 may at any
time withdraw it, or agree to submit a dispute excluded by such declaration
to any procedure specified in this Convention.

3. A State Party which has made a declaration under paragraph 1 shall not
be entitled to submit any dispute falling within the excepted category of
disputes to any procedure in this Convention as against another State
Party, without the consent of that party.

4. If one of the States Parties has made a declaration under paragraph 1
(a), any other State Party may submit any dispute falling within an
excepted category against the declarant party to the procedure specified in
such declaration.

5. A new declaration, or the withdrawal of a declaration, does not in any
way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree.

6. Declarations and notices of withdrawal of declarations under this
article shall be deposited with the Secretary-General of the United
Nations, who shall transmit copies thereof to the States Parties.

Article 299
Right of the parties to agree upon a procedure

1. A dispute excluded under article 297 or excepted by a declaration made
under article 298 from the dispute settlement procedures provided for in
section 2 may be submitted to such procedures only by agreement of the
parties to the dispute.

2. Nothing in this section impairs the right of the parties to the dispute
to agree to some other procedure for the settlement of such dispute or to
reach an amicable settlement.

Author: international

Mentioned in these Entries

Exclusive Economic Zone, International Organizations, Settlement of Disputes.