1. Each Contracting Party shall take appropriate measures within its
competence to ensure compliance with the provisions of this Convention
and with conservation measures adopted by the Commission to which the
Party is bound in accordance with Article IX of this Convention.
2. Each Contracting Party shall transmit to the Commission information
on measures taken pursuant to paragraph 1 above, including the imposition
of sanctions for any violation.
1. Each Contracting Party undertakes to exert appropriate efforts,
consistent with the Charter of the United Nations , to the end that no one
engages in any activity contrary to the objective of this Convention.
2. Each Contracting Party shall notify the Commission of any such
activity which comes to its attention.
1. The commission and the scientific Committee shall co-operate with the
Antarctic Treaty Consultative Parties on matters falling within the
competence of the latter.
2. The Commission and the Scientific Committee shall co-operate, as
appropriate, with the Food and Agriculture Organisation of the United
Nations and with other Specialised Agencies.
3. The Commission and the Scientific Committee shall seek to develop
co-operative working relationships, as appropriate, with
inter-governmental and non-governmental organizations which could
contribute to their work, including the Scientific Committee on Antarctic
Research, the Scientific Committee on Oceanic Research and the
International Whaling Commission.
4. The Commission may enter into agreements with the organizations
referred to in this Article and with other organizations as may be
appropriate. The Commission and the Scientific Committee may invite such
organizations to send observers to their meetings and to meetings of
their Subsidiary bodies.
1. In order to prornote the objective and ensure observance of the
provisions of this Convention, the Contracting Parties agree that a
system of observation and inspection shall be established.
2. The system of observation and inspection shall be elaborated by the
Commission on the basis of the following principles:
(a) Contracting Parties shall cooperate with each other to ensure the
effective implementation of the system of observation and
inspection, taking account of the existing international practice.
This system shall include, inter alia, procedures for boarding and
inspection by observers and inspectors designated by the Members of
the Commission and procedures for flag state prosecution and
sanctions on the basis of evidence resulting from such boarding and
inspections. A report of such prosecutions and sanctions imposed
shall be included in the information referred to in Article XXI of
(b) in order to verify compliance with measures adopted under this
Convention, observation and inspection shall be carried out on
board vessels engaged in scientific research or harvesting of
marine living resources in the area to which this Convention
applies, through observers and inspectors designated by the Members
of the Commission and operating under terms and conditions to be
established by the Commission;
(c) designated observers and inspectors shall remain subject to the
jurisdiction of the Contracting Party of which they are nationals.
They shall report to the Member of the Commission by which they
have been designated which in turn shall report to the Comission.
3. Pending the establishment of the system of observation and
inspection, the Members of the Commission shall seek to establish interim
arrangements to designate observers and inspectors and such designated
observers and inspectors shall be entitled to carry out inspections in
accordance with the principles set out in paragraph 2 above.
1. If any dispute arises between two or more of the Contracting Parties
concerning the interpretation or application of this Convention, those
Contracting Parties shall consult among themselves with a view to having
the dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful lmeans of their own
2. Any dispute of this character not so resolved shall, with the consent
in each case of all Parties to the dispute, be referred for settlement to
the International Court of Justice or to arbitration; but failure to
reach agreement on reference to the International Court or to arbitration
shall not absolve Parties to the dispute from the responsibility of
continuing to seek to resolve it by any of the various peaceful means
referred to in paragraph 1 above.
3. In cases where the dispute is referred to arbitration, the arbitral
tribuinal shall be constituted as provided in the Annex to this
1. This Convention shall be open for signature at Canberra from 1 August
to 31 December 1980 by the States participating in the Conference on the
Conservation of Antarctic Marine Living Resources held at Canberra from 7
to 20 May 1980.
2. The States which so sign will be the original signatory States of the
1. This Convention is subject to ratification, acceptance or approval by
2. Instruments of ratification, acceptance or approval shall be
deposited with the Government of Australia, hereby designated as the
1. This Convention shall enter into force on the thirtieth day following
the date of deposit of the eighth instrument of ratification, acceptance
or approval by States referred to in paragraph 1 of Article XXVI of this
2. With respect to each State or regional economic integration
organization which subsequent to the date of entry into force of this
Convention deposits an instrument of ratification, acceptance, approval
or accession, the Convention shal enter into force on the thirtieth day
following such deposit.
1. This Convention shall be open for accession by any state interested
in research or harvesting activities in relation to the marine living
resources to which this Convention applies.
2. This Convention shall be open for accession by regional economic
integration organizations constituted by sovereign States which include
among their members one or more States Members of the Commission and to
which the States members of the organization have transferred, in whole
or in part, competences with regard to the matters covered by this
Convention. The accession of such regional economic integration
organizations shall be the subject of consultations among Members of the
1. This Convention may be amended at any time.
2. if one-third of the Members of the comission request a meeting to
discuss a proposed amendment the Depositary shall call such a meeting.
3. An amendment shall enter into force when the Depositary has received
instruments of ratification, acceptance or approval thereof from all the
Members of the Commission.
4. Such amendment shall thereafter enter into force as to any other
Contracting Party when notice of ratification, acceptance or approval by
it has been received by the Depositary. Any such Contracting Party from
which no such notice has been received within a period of one year from
the date of entry into force of the amendment in accordance with
paragraph 3 above shall be deemed to have withdrawn from this Convention.
1. Any Contracting Party may withdraw from this Convention on 30 June of
any year, by giving written notice not later than 1 January of the same
year to the Depositary, which, upon receipt of such a notice, shall
communicate it forthwith to the other Contracting Parties.
2. Any other Contracting Party may, within sixty days of the receipt of
a copy of such a notice from the Depositary, give written notice of
withdrawal to the Depositary in which case the Convention shall cease to
be in force on 30 June of the same year with respect to the Contracting
Party giving such notice.
3. Withdrawal from this Convention by any Member of the Commission shall
not affect its financial obligations under this Convention.
The Depositary shall notify all contracting Parties of the following:
(a) signatures of this Convention and the deposit of instruments of
ratification, acceptance, approval or accession;
(b) the date of entry into force of this Convention and of any
1. This Convention, of which the English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the Government of
Australia which shall transmit duly certified copies thereof to all
signatory and acceding Parties.
2. This Convention shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations .
Drawn up at Canberra this twentieth day of May 1980.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed
References and Further Reading
About the Author/s and Reviewer/s