Convention for the Prevention of Marine Pollution from Land-Based Sources 4

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Convention for the Prevention of Marine Pollution from Land-Based Sources

 

Article 4

1. If the chairman of the arbitral tribunal has not been designated within
two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of either
party, designate him within a further two months’ period.

2. If one of the parties to the dispute does not appoint an arbitrator
within two months of receipt of the request, the other party may inform the
Secretary-General of the United Nations who shall designate the chairman of
the arbitral tribunal within a further two months’ period. Upon
designation, the chairman of the arbitral tribunal shall request the party
which has not appointed an arbitrator to do so within two months. After
such period, he shall inform the Secretary-General of the United Nations
who shall make this appointment within a further two months’ period.

Article 5

1. The arbitral tribunal shall decide according to the rules of
international law and, in particular, those of this convention.

2. Any arbitral tribunal constituted under the provisions of this Annex
shall draw up its own rules of procedure.

Article 6

1. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority voting of its members.

2. The tribunal may take all appropriate measures in order to establish the
facts. It may, at the request of one of the parties, recommend essential
interim measures of protection.

3. If two or more arbitral tribunals constituted under the provisions of
this Annex arc seized of requests with identical or similar subjects, they
may inform themselves of the procedures for establishing the facts and take
them into account as far as possible.

4. The parties to the dispute shall provide all facilities necessary for
the effective conduct of the proceedings.

5. The absence or default of a party to the dispute shall not constitute an
impediment to the proceedings.

Article 7

1. The award of the arbitral tribunal shall be accompanied by a statement
of reasons. It shall be final and binding upon the parties to the dispute.

2. Any dispute which may arise between the parties concerning the
interpretation or execution of the award may be submitted by either party
to the arbitral tribunal which made the award or, if the latter cannot be
seized thereof, to another arbitral tribunal constituted for this purpose
in the same manner as the first.

Article 8

The European Economic Community, like any Contracting Party to the present
convention, has the right to appear as applicant or respondent before the
arbitral tribunal.

Participants in the Conference
on Prevention of Marine Pollution
from Land-Based Sources

Austria
Belgium
Denmark
France
Federal Republic of Germany
Iceland
Luxembourg
The Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
United Kingdom

Finland and Italy were observers.

PROTOCOL AMENDING THE PARIS CONVENTION
FOR THE PREVENTION OF MARINE POLLUTION FROM LAND-BASED SOURCES

THE CONTRACTING PARTIES to the Convention for the prevention of marine
pollution from land-based sources, done at Paris on 4 June 1974
(hereinafter referred to as ‘the Convention’);

RECALLING Article 1 of the Convention, in which the Contracting Parties
pledge themselves to take all possible steps to prevent pollution of the
sea;

RECOGNIZING that the Convention does not contain provisions referring to
the prevention of pollution of the maritime area through the atmosphere;

DESIRING to extend the scope of the Convention to such pollution;
HAVE AGREED AS FOLLOWS:

Article I

The following is inserted in Article 3 of the Convention after iii. of
subparagraph c:

‘iv. by emissions into the atmosphere from land or from man-made
structures as defined in subparagraph iii. above’.

Article II

The first sentence of Article 4, paragraph 3, is amended by inserting
‘and emissions into the atmosphere’, after ‘discharges into
watercourses’.

Article III

The following is inserted at the beginning of Article 16 d of the
Convention:

‘to examine the feasibility of and, as appropriate.’

Article IV

1. This Protocol shall be open for signature at Paris from 26 March 1986
until 30 June 1986 by the States which are parties to the Convention on
the date of the opening for signature of this Protocol, and by the
European Economic Community.

2. This Protocol shall be subject to ratification, acceptance or
approval.

Article V

After 30 June 1986 this Protocol shall be open for accession by any State
referred to in Article 24 of the Convention and by the European Economic
Community.

Article VI

1. This Protocol shall enter into force on the first day of the second
month following the date on which the last of the contracting parties
referred to in Article IV of this Protocol has deposited its instrument
of ratification, acceptance, approval or accession.

2. For any other State becoming party to this Protocol after its entry
into force, this Protocol shall enter into force on the first day of the
second month following the date on which that State has deposited its
instrument of accession.

3. Any State which becomes a contracting party to this Protocol without
being a contracting party to the Convention shall be considered as a
contracting party to the Convention as amended by this Protocol as of the
date of entry into force of this Protocol for that State.

4. Any State which becomes a contracting party to the Convention after
the entry into force of this Protocol shall be considered as a
contracting party to the Convention as amended by this Protocol.

5. The instruments of ratification, acceptance, approval or accession
shall be deposited with the Government of the French Republic.

Article VII

The Depository Government shall inform the Contracting Parties and those
States referred to in Article 22 of the Convention of signature of this
Protocol, of the deposit of instruments of ratification, acceptance,
approval or accession, made pursuant to Articles IV, V and VI, and of the
date of entry into force of this Protocol.

Article VIII

The original of this Protocol, of which the English and French texts
shall be equally authentic, shall be deposited with the Government of
the French Republic.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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Convention for the Prevention of Marine Pollution from Land-Based Sources.

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