Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea 5

Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea

 

16. The provisions of article 161, paragraph 1, of the Convention shall
not apply.

SECTION 4. REVIEW CONFERENCE

The provisions relating to the Review Conference in article 155,
paragraphs 1, 3 and 4, of the Convention shall not apply.
Notwithstanding the provisions of article 314, paragraph 2, of the
Convention, the Assembly, on the recommendation of the Council, may
undertake at any time a review of the matters referred to in article 155,
paragraph 1, of the Convention. Amendments relating to this Agreement
and Part XI shall be subject to the procedures contained in articles 314,
315 and 316 of the Convention, provided that the principles, regime and
other terms referred to in article 155, paragraph 2, of the Convention
shall be maintained and the rights referred to in paragraph 5 of that
article shall not be affected.

SECTION 5. TRANSFER OF TECHNOLOGY

1. In addition to the provisions of article 144 of the Convention,
transfer of technology for the purposes of Part XI shall be governed by
the following principles:

(a) The Enterprise, and developing States wishing to obtain deep
seabed mining technology, shall seek to obtain such technology on fair
and reasonable commercial terms and conditions on the open market, or
through joint-venture arrangements;

(b) If the Enterprise or developing States are unable to obtain deep
seabed mining technology, the Authority may request all or any of the
contractors and their respective sponsoring State or States to cooperate
with it in facilitating the acquisition of deep seabed mining technology
by the Enterprise or its joint venture, or by a developing State or
States seeking to acquire such technology on fair and reasonable
commercial terms and conditions, consistent with the effective protection
of intellectual property rights. States Parties undertake to cooperate
fully and effectively with the Authority for this purpose and to ensure
that contractors sponsored by them also cooperate fully with the
Authority;

(c) As a general rule, States Parties shall promote international
technical and scientific cooperation with regard to activities in the
Area either between the parties concerned or by developing training,
technical assistance and scientific cooperation programmes in marine
science and technology and the protection and preservation of the marine
environment.

2. The provisions of Annex III, article 5, of the Convention shall not
apply.

SECTION 6. PRODUCTION POLICY

1. The production policy of the Authority shall be based on the
following principles:

(a) Development of the resources of the Area shall take place in
accordance with sound commercial principles;

(b) The provisions of the General Agreement on Tariffs and Trade , its
relevant codes and successor or superseding agreements shall apply with
respect to activities in the Area;

(c) In particular, there shall be no subsidization of activities in
the Area except as may be permitted under the agreements referred to in
subparagraph (b). Subsidization for the purpose of these principles shall
be defined in terms of the agreements referred to in subparagraph (b);

(d) There shall be no discrimination between minerals derived from the
Area and from other sources. There shall be no preferential access to
markets for such minerals or for imports of commodities produced from
such minerals, in particular:

(i) By the use of tariff or non-tariff barriers; and

(ii) Given by States Parties to such minerals or commodities
produced by their state enterprises or by natural or
juridical persons which possess their nationality or are
controlled by them or their nationals;

(e) The plan of work for exploitation approved by the Authority in
respect of each mining area shall indicate an anticipated production
schedule which shall include the estimated maximum amounts of minerals
that would be produced per year under the plan of work;

(f) The following shall apply to the Settlement of Disputes concerning
the provisions of the agreements referred to in subparagraph (b):

(i) Where the States Parties concerned are parties to such
agreements, they shall have recourse to the dispute
settlement procedures of those agreements;

(ii) Where one or more of the States Parties concerned are not
parties to such agreements, they shall have recourse to the
dispute settlement procedures set out in the Convention;

(g) In circumstances where a determination is made under the
agreements referred to in subparagraph (b) that a State party has
engaged in subsidization which is prohibited or has resulted in adverse
effects on the interests of another State Party and appropriate steps
have not been taken by the relevant State Party or States Parties, a
State Party may request the Council to take appropriate measures.

2. The principles contained in paragraph 1 shall not affect the rights
and obligations under any provision of the agreements referred to in
paragraph 1 (b), as well as the relevant free trade and customs union
agreements, in relations between States Parties which are parties to such
agreements.

3. The acceptance by a contractor of subsidies other than those which
may be permitted under the agreements referred to in paragraph 1 (b)
shall constitute a violation of the fundamental terms of the contract
forming a plan of work for the carrying out of activities in the Area.

4. Any State Party which has reason to believe that there has been a
breach of the requirements of paragraphs 1 (b) to (d) or 3 may initiate
dispute settlement procedures in conformity with paragraph 1 (f) or (g).

5. A State Party may at any time bring to the attention of the Council
activities which in its view are inconsistent with the requirements of
paragraph 1 (b) to (d).

6. The Authority shall develop rules, regulations and procedures which
ensure the implementation of the provisions of this section, including
relevant rules, regulations and procedures governing the approval of
plans of work.

7. The provisions of article 151, paragraphs 1 to 7 and 9, article 162,
paragraph 2 (q), article 165, paragraph 2 (n), and Annex III, article 6,
paragraph 5, and article 7, of the Convention shall not apply.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, General Agreement on Tariffs and Trade, Settlement of Disputes.


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