Convention on Fishing & Conservation of Living Resources

Article 8

1. Any State which, even if its nationals are not engaged in fishing in an
area of the High Seas not adjacent to its coast, has a special interest in
the conservation of the living resources of the High Seas in that area, may
request the State or States whose nationals are engaged in fishing there to
take the necessary measures of conservation under Articles 3 and 4
respectively, at the same time mentioning the scientific reasons which in
its opinion make such measures necessary, and indicating its special
interest.

2. If no agreement is reached within twelve months, such State may initiate
the procedure contemplated by Article 9.

Article 9

1. Any dispute which may arise between States under Articles 4, 5, 6, 7,
and 8 shall, at the request of any of the parties, be submitted for
settlement to a special commission of five members, unless the parties
agree to seek a solution by another method of peaceful settlement, as
provided for in Article 33 of the Charter of the United Nations .

2. The members of the commission, one of whom shall be designated as
chairman, shall be named by agreement between the States in dispute within
three months of the request for settlement in accordance with the
provisions of this Article. Failing agreement they shall, upon the request
of any State party, be named by the Secretary-General of the United
Nations, within a further three-month period, in consultation with the
States in dispute and with the President of the International Court of
Justice and the Director-General of the Food and Agriculture Organization
of the United Nations, from amongst well-qualified persons being nationals
of States not involved in the dispute and specializing in legal,
administrative or scientific questions relating to fisheries, depending
upon the nature of the dispute to be settled. Any vacancy arising after the
original appointment shall be filled in the same manner as provided for the
initial selection.

3. Any State party to proceedings under these Articles shall have the right
to name one of its nationals to the special commission, with the right to
participate fully in the proceedings on the same footing as a member of the
commission, but without the right to vote or to take part in the writing of
the commission’s decision.

4. The commission shall determine its own procedure, assuring each party to
the proceedings a full opportunity to be heard and to present its case. It
shall also determine how the costs and expenses shall be divided between
the parties to the dispute, failing agreement by the parties on this
matter.

5. The special commission shall render its decision within a period of five
months from the time it is appointed unless it decides, in case of
necessity, to extend the time limit for a period not exceeding three
months.

6. The special commission shall, in reaching its decisions, adhere to these
Articles and to any special agreements between the disputing parties
regarding settlement of the dispute.

7. Decisions of the commission shall be by majority vote.

Article 10

1. The special commission shall, in disputes arising under Article 7, apply
the criteria listed in paragraph 2 of that Article. In disputes under
Articles 4, 5, 6 and 8, the commission shall apply the following criteria,
according to the issues involved in the dispute:

(a) Common to the determination of disputes arising under Articles 4, 5
and 6 are the requirements:
(i) That scientific findings demonstrate the necessity of
conservation measures;
(ii) That the specific measures are based on scientific findings and
are practicable; and
(iii) That the measures do not discriminate, in form or in fact,
against fishermen of other States;
(b) Applicable to the determination of disputes arising under Article 8
is the requirement that scientific findings demonstrate the necessity
for conservation measures, or that the conservation programme is
adequate, as the case may be.

2. The special commission may decide that pending its award the measures in
dispute shall not be applied, provided that, in the case of disputes under
Article 7, the measures shall only be suspended when it is apparent to the
commission on the basis of prima facie evidence that the need for the
urgent application of such measures does not exist.

Article 11

The decisions of the special commission shall be binding on the States
concerned and the provisions of paragraph 2 of Article 94 of the Charter of
the United Nations shall be applicable to those decisions. If the decisions
are accompanied by any recommendations, they shall receive the greatest
possible consideration.

Author: international

Mentioned in these Entries

Charter of the United Nations, Convention on Fishing & Conservation of Living Resources, High Seas.