Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 3

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Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

 

ARTICLE 16
Settlement of Disputes
1 Any disputes regarding the interpretation or application of this Protocol
shall be resolved in the first instance through negotiation, mediation or
conciliation, or other peaceful means chosen by parties to the dispute.

2 If no resolution is possible within twelve months after one Contracting Party
has notified another that a dispute exists between them, the dispute shall be
settled, at the request of a party to the dispute, by means of the Arbitral
Procedure set forth in Annex 3, unless the parties to the dispute agree to use
one of the procedures listed in paragraph 1 of Article 287 of the 1982 United
Nations Convention on the Law of the Sea. The parties to the dispute may so
agree, whether or not they are also States Parties to the 1982 United Nations
Convention on the Law of the Sea.

3 In the event an agreement to use one of the procedures listed in paragraph 1
of Article 287 of the 1982 United Nations Convention on the Law of the Sea is
reached, the provisions set forth in Part XV of that Convention that are related
to the chosen procedure would also apply, mutatis mutandis.

4 The twelve month period referred to in paragraph 2 may be extended for another
twelve months by mutual consent of the parties concerned.

5 Notwithstanding paragraph 2, any State may, at the time it expresses its
consent to be bound by this Protocol, notify the Secretary-General that, when it
is a party to a dispute about the interpretation or application of article 3.1
or 3.2, its consent will be required before the dispute may be settled by means
of the Arbitral Procedure set forth in Annex 3.

ARTICLE 17
INTERNATIONAL CO-OPERATION

Contracting Parties shall promote the objectives of this Protocol within the
competent International Organizations .

ARTICLE 18
MEETINGS OF CONTRACTING PARTIES

1 Meetings of Contracting Parties or Special Meetings of Contracting Parties
shall keep under continuing review the implementation of this Protocol and
evaluate its effectiveness with a view to identifying means of strengthening
action, where necessary, to prevent, reduce and where practicable eliminate
pollution caused by dumping and incineration at sea of wastes or other matter.
To these ends, Meetings of Contracting Parties or Special Meetings of
Contracting Parties may:

.1 review and adopt amendments to this Protocol in accordance with articles 21
and 22;

.2 establish subsidiary bodies, as required, to consider any matter with a view
to facilitating the effective implementation of this Protocol;

.3 invite appropriate expert bodies to advise the Contracting Parties or the
Organization on matters relevant to this Protocol;
.4 promote co-operation with competent International Organizations
concerned with the prevention and control of pollution;

.5 consider the information made available pursuant to article 9.4;

.6 develop or adopt, in consultation with competent international organizations,
procedures referred to in article 8.2, including basic criteria for determining
exceptional and emergency situations, and procedures for consultative advice and
the safe disposal of matter at sea in such circumstances;

.7 consider and adopt resolutions; and

.8 consider any additional action that may be required.

2 The Contracting Parties at their first Meeting shall establish rules of
procedure as necessary.

ARTICLE 19
DUTIES OF THE ORGANIZATION

1 The Organization shall be responsible for Secretariat duties in relation to
this Protocol. Any Contracting Party to this Protocol not being a member of this
Organization shall make an appropriate contribution to the expenses incurred by
the Organization in performing these duties.

2 Secretariat duties necessary for the administration of this Protocol include:

.1 convening Meetings of Contracting Parties once per year, unless otherwise
decided by Contracting Parties, and Special Meetings of Contracting Parties at
any time on the request of two-thirds of the Contracting Parties;

.2 providing advice on request on the implementation of this Protocol and on
guidance and procedures developed thereunder;

.3 considering enquiries by, and information from Contracting Parties,
consulting with them and with the competent international organizations, and
providing recommendations to Contracting Parties on questions related to, but
not specifically covered by, this Protocol;

.4 preparing and assisting, in consultation with Contracting Parties and the
competent international organizations, in the development and implementation of
procedures referred to in article 18.6.;

.5 conveying to the Contracting Parties concerned all notifications received by
the Organization in accordance with this Protocol; and

.6 preparing, every two years, a budget and a financial account for the
administration of this Protocol which shall be distributed to all Contracting
Parties.

3 The Organization shall, subject to the availability of adequate resources, in
addition to the requirements set out in article 13.2.3.

.1 collaborate in assessments of the state of the marine environment; and
.2 co-operate with competent international organizations concerned with the
prevention and control of pollution.

ARTICLE 20
ANNEXES

Annexes to this Protocol form an integral part of this Protocol.

ARTICLE 21
AMENDMENT OF THE PROTOCOL

1 Any Contracting Party may propose amendments to the articles of this Protocol.
The text of a proposed amendment shall be communicated to Contracting Parties by
the Organization at least six months prior to its consideration at a Meeting of
Contracting Parties or a Special Meeting of Contracting Parties.

2 Amendments to the articles of this Protocol shall be adopted by a two-thirds
majority vote of the Contracting Parties which are present and voting at the
Meeting of Contracting Parties or Special Meeting of Contracting Parties
designated for this purpose.

3 An amendment shall enter into force for the Contracting Parties which have
accepted it on the sixtieth day after two-thirds of the Contracting Parties
shall have deposited an instrument of acceptance of the amendment with the
Organization. Thereafter the amendment shall enter into force for any other
Contracting Party on the sixtieth day after the date on which that Contracting
Party has deposited its instrument of acceptance of the amendment.

4 The Secretary-General shall inform Contracting Parties of any amendments
adopted at Meetings of Contracting Parties and of the date on which such
amendments enter into force generally and for each Contracting Party.

5 After entry into force of an amendment to this Protocol, any State that
becomes a Contracting Party to this Protocol shall become a Contracting Party to
this Protocol as amended, unless two-thirds of the Contracting Parties present
and voting at the Meeting or Special Meeting of Contracting Parties adopting the
amendment agree otherwise.

ARTICLE 22
AMENDMENT OF THE ANNEXES

1 Any Contracting Party may propose amendments to the Annexes to this Protocol.
The text of a proposed amendment shall be communicated to Contracting Parties by
the Organization at least six months prior to its consideration by a Meeting of
Contracting Parties or Special Meeting of Contracting Parties.

2 Amendments to the Annexes other than Annex 3 will be based on scientific or
technical considerations and may take into account legal, social and economic
factors as appropriate. Such amendments shall be adopted by a two-thirds
majority vote of the Contracting Parties present and voting at a Meeting of
Contracting Parties or Special Meeting of Contracting Parties designated for
this purpose.

3 The Organization shall without delay communicate to Contracting Parties
amendments to the Annexes that have been adopted at a Meeting of Contracting
Parties or Special Meeting of Contracting Parties.

4 Except as provided in paragraph 7, amendments to the Annexes shall
enter into force for each Contracting Party immediately on notification of its
acceptance to the Organization or 100 days after the date of their adoption at a
Meeting of Contracting Parties, if that is later, except for those Contracting
Parties which before the end of the 100 days make a declaration that they are
not able to accept the amendment at that time. A Contracting Party may at any
time substitute an acceptance for a previous declaration of objection and the
amendment previously objected to shall thereupon enter into force for that
Contracting Party.

5 The Secretary-General shall without delay notify Contracting Parties of
instruments of acceptance or objection deposited with the Organization.

6 A new Annex or an amendment to an Annex which is related to an amendment to
the articles of this Protocol shall not enter into force until such time as the
amendment to the articles of this Protocol enters into force.

7 With regard to amendments to Annex 3 concerning the Arbitral Procedure and
with regard to the adoption and entry into force of new Annexes the procedures
on amendments to the articles of this Protocol shall apply.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Organizations, Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Settlement of Disputes, United Nations Convention on the Law of the Sea.

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