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

 

Article 1

Implementation of Part XI

1. The States Parties to this Agreement undertake to implement Part XI
in accordance with this Agreement.

2. The Annex forms an integral part of this Agreement.

Article 2

Relationship between this Agreement and Part XI

1. The provisions of this Agreement and Part XI shall be interpreted and
applied together as a single instrument. In the event of any
inconsistency between this Agreement and Part XI, the provisions of this
Agreement shall prevail.

2. Articles 309 to 319 of the Convention shall apply to this Agreement as
they apply to the Convention.

Article 3

Signature

This Agreement shall remain open for signature at United Nations
Headquarters by the States and entities referred to in article 305,
paragraph 1 (a), (c), (d), (e) and (f), of the Convention for 12 months
from the date of its adoption.

Article 4

Consent to be bound

1. After the adoption of this Agreement, any instrument of ratification
or formal confirmation of or accession to the Convention shall also
represent consent to be bound by this Agreement.

2. No State or entity may establish its consent to be bound by this
Agreement unless it has previously established or establishes at the same
time its consent to be bound by the Convention.

3. A State or entity referred to in article 3 may express its consent to
be bound by this Agreement by:

(a) Signature not subject to ratification, formal confirmation or the
procedure set out in article 5;

(b) Signature subject to ratification or formal confirmation, followed
by ratification or formal confirmation;

(c) Signature subject to the procedure set out in article 5; or

(d) Accession.

4. Formal confirmation by the entities referred to in article 305,
paragraph 1 (f), of the Convention shall be in accordance with Annex IX
of the Convention.

5. The instruments of ratification, formal confirmation or accession
shall be deposited with the Secretary-General of the United Nations.

Article 5

Simplified procedure

1. A State or entity which has deposited before the date of the adoption
of this Agreement an instrument of ratification or formal confirmation of
or accession to the Convention and which has signed this Agreement in
accordance with article 4, paragraph 3 (c), shall be considered to have
established its consent to be bound by this Agreement 12 months after the
date of its adoption, unless that State or entity notifies the depositary
in writing before that date that it is not availing itself of the
simplified procedure set out in this article.

2. In the event of such notification, consent to be bound by this
Agreement shall be established in accordance with article 4, paragraph 3
(b).

Article 6

Entry into force

1. This Agreement shall enter into force 30 days after the date on which
40 States have established their consent to be bound in accordance with
articles 4 and 5, provided that such States include at least seven of the
States referred to in paragraph 1 (a) of resolution II of the Third
United Nations Conference on the Law of the Sea (hereinafter referred to
as “resolution II”) and that at least five of those States are developed
States. If these conditions for entry into force are fulfilled before 16
November 1994, this Agreement shall enter into force on 16 November 1994.

2. For each State or entity establishing its consent to be bound by this
Agreement after the requirements set out in paragraph 1 have been
fulfilled, this Agreement shall enter into force on the thirtieth day
following the date of establishment of its consent to be bound.

Article 7

Provisional application

1. If on 16 November 1994 this Agreement has not entered into force, it
shall be applied provisionally pending its entry into force by:

(a) States which have consented to its adoption in the General
Assembly of the United Nations, except any such State which before 16
November 1994 notifies the depositary in writing either that it will not
so apply this Agreement or that it will consent to such application only
upon subsequent signature or notification in writing;

(b) States and entities which sign this Agreement, except any such
State or entity which notifies the depositary in writing at the time of
signature that it will not so apply this Agreement;

(c) States and entities which consent to its provisional application
by so notifying the depositary in writing;

(d) States which accede to this Agreement.

2. All such States and entities shall apply this Agreement provisionally
in accordance with their national or internal laws and regulations, with
effect from 16 November 1994 or the date of signature, notification of
consent or accession, if later.

3. Provisional application shall terminate upon the date of entry into
force of this Agreement. In any event, provisional application shall
terminate on 16 November 1998 if at that date the requirement in article
6, paragraph 1, of consent to be bound by this Agreement by at least
seven of the States (of which at least five must be developed States)
referred to in paragraph 1 (a) of resolution II has not been fulfilled.

Article 8

States Parties

1. For the purposes of this Agreement, “States Parties”means States
which have consented to be bound by this Agreement and for which this
Agreement is in force.

2. This Agreement applies mutatis mutandis to the entities referred to
in article 305, paragraph 1 (c), (d), (e) and (f), of the Convention
which become Parties to this Agreement in accordance with the conditions
relevant to each, and to that extent “States Parties”refers to those
entities.

Article 9

Depositary

The Secretary-General of the United Nations shall be the depositary of
this Agreement.

Article 10

Authentic texts

The original of this Agreement, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Agreement.

DONE AT NEW YORK, this day of July, one thousand nine hundred and
ninety-four.

 

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 2, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea 3, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea 4, 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 6, Marine and Coastal conventions, United Nations Convention on the Law of the Sea.