Convention on the Regulation of Antarctic Mineral Resource Activities

 

Chapter VI: Disputes Settlement

Article 55

Disputes Between Two or More Parties

Articles 56, 57 and 58 apply to disputes between two or more Parties.

 

Article 56

Choice of Procedure

1 Each Party, when signing, ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, may choose, by written declaration, one
or both of the following means for the Settlement of Disputes concerning the
interpretation or application of this Convention:

(a) the International Court of Justice ;

(b) the Arbitral Tribunal.

2 A declaration made under paragraph 1 above shall not affect the operation of
Article 57(1), (3), (4) and (5).

3 A Party that has not made a declaration under paragraph 1 above or in respect
of which a declaration is no longer in force shall be deemed to have accepted
the competence of the Arbitral Tribunal.

4 If the parties to a dispute have accepted the same means for the settlement of
a dispute, the dispute may be submitted only to that procedure, unless the
parties otherwise agree.

5 If the parties to a dispute have not accepted the same means for the
settlement of a dispute, or if they have both accepted both means, the dispute
may be submitted only to the Arbitral Tribunal, unless the parties otherwise
agree.

6 A declaration made under paragraph 1 above shall remain in force until it
expires in accordance with its terms or until 3 months after written notice of
revocation has been deposited with the Depositary.

7 A new declaration, a notice of revocation or the expiry of a declaration shall
not in any way affect proceedings pending before the International Court of
Justice or the Arbitral Tribunal, unless the parties to the dispute otherwise
agree.

8 Declarations and notices referred to in this Article shall be deposited with
the Depositary who shall transmit copies thereof to all Parties.

Article 57

Procedure for Dispute Settlement

1 If a dispute arises concerning the interpretation or application of this
Convention, the parties to the dispute shall, at the request of any one of them,
consult among themselves as soon as possible with a view to having the dispute
resolved by negotiation, enquiry, mediation, conciliation, arbitration, judicial
settlement or other peaceful means of their choice.

2 If the parties to a dispute concerning the interpretation or application of
this Convention have not agreed on a means for resolving it within 12 months of
the request for consultation pursuant to paragraph 1 above, the dispute shall be
referred, at the request of any party to the dispute, for settlement
in accordance with the procedure determined by the operation of Article 56(4)
and (5).

3 If a dispute concerning the interpretation or application of this Convention
relates to a measure in effect pursuant to this Convention or a Management
Scheme and the parties to such a dispute:

(a) have not agreed on a means for resolving the dispute within 6 months of the
request for consultation pursuant to paragraph 1 above, the dispute shall be
referred, at the request of any party to the dispute, for discussion in the
institution which adopted the instrument in question;

(b) have not agreed on a means for resolving the dispute within 12 months of the
request for consultation pursuant to paragraph 1 above, the dispute shall be
referred for settlement, at the request of any party to the dispute, to the
Arbitral Tribunal.

4 The Arbitral Tribunal shall not be competent to decide or otherwise rule upon
any matter within the scope of Article 9. In addition, nothing in this
Convention shall be interpreted as conferring competence or jurisdiction on the
International Court of Justice or any other tribunal established for the purpose
of settling disputes between Parties to decide or otherwise rule upon any matter
within the scope of Article 9.

5 The Arbitral Tribunal shall not be competent with regard to the exercise by an
institution of its discretionary powers in accordance with this Convention; in
no case shall the Arbitral Tribunal substitute its discretion for that of an
institution. In addition, nothing in this Convention shall be interpreted as
conferring competence or jurisdiction on the International Court of Justice or
any other tribunal established for the purpose of settling disputes between
Parties with regard to the exercise by an institution of its discretionary
powers or to substitute its discretion for that of an institution.

Article 58

Exclusion of Categories of Disputes

1 Any Party, when signing, ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, may, by written declaration, exclude the
operation of Article 57(2) or (3) without its consent with respect to a category
or categories of disputes specified in the declaration. Such declaration may
not cover disputes concerning the interpretation or application of:

(a) any provision of this Convention or of any measure in effect pursuant to it
relating to the protection of the Antarctic environment or dependent or
associated ecosystems;

(b) Article 7(1);
(c) Article 8;
(d) Article 12;
(e) Article 14;
(f) Article 15; or
(g) Article 37.

2 Nothing in paragraph 1 above or in any declaration made under it shall affect
the operation of Article 57(1), (4) and (5).

3 A declaration made under paragraph 1 above shall remain in force until it
expires in accordance with its terms or until 3 months after written notice of
revocation has been deposited with the Depositary.

4 A new declaration, a notice of revocation or the expiry of a declaration shall
not in any way affect proceedings pending before the International Court of
Justice or the Arbitral Tribunal, unless the parties to the dispute otherwise
agree.

5 Declarations and notices referred to in this Article shall be deposited with
the Depositary who shall transmit copies thereof to all Parties.

6 A Party which, by declaration made under paragraph 1 above, has excluded a
specific category or categories of disputes from the operation of Article 57(2)
or (3) without its consent shall not be entitled to submit any dispute falling
within that category or those categories for settlement pursuant to Article
57(2) or (3), as the case may be, without the consent of the other party or
parties to the dispute.

Article 59

Additional Dispute Settlement Procedures

1 The Commission, in conjunction with its responsibilities pursuant to Article
41(1), shall establish additional procedures for third-party settlement, by the
Arbitral Tribunal or through other similar procedures, of disputes which may
arise if it is alleged that a violation of this Convention has occurred by
virtue of:

(a) a decision to decline a Management Scheme;

(b) a decision to decline the issue of a development permit; or

(c) a decision to suspend, modify or cancel a Management Scheme or to impose
monetary penalties.

2 Such procedures shall:

(a) permit, as appropriate, Parties and Operators under their sponsorship, but
not both in respect of any particular dispute, to initiate proceedings against a
Regulatory Committee;

(b) require disputes to which they relate to be referred in the first instance
to the relevant Regulatory Committee for consideration;

(c) incorporate the rules in Article 51(4) and (5).

 

Author: international

Mentioned in these Entries

International Court of Justice, Settlement of Disputes.