United Nations Convention on the Law of the Sea

 

PART XI

THE AREA

SECTION 1. GENERAL PROVISIONS

Article 133
Use of terms

For the purposes of this Part:

(a) “resources”means all solid, liquid or gaseous mineral resources in
situ in the Area at or beneath the sea-bed, including polymetallic
nodules;
(b) resources, when recovered from the Area, are referred to as
“minerals”.

Article 134
Scope of this Part

1. This Part applies to the Area.

2. Activities in the Area shall be governed by the provisions of this Part.

3. The requirements concerning deposit of, and publicity to be given to,
the charts or lists of geographical co-ordinates showing the limits
referred to in article 1, paragraph 1 (1), are set forth in Part VI.
4. Nothing in this article affects the establishment of the outer limits of
the Continental Shelf in accordance with Part VI or the validity of
agreements relating to delimitation between States with opposite or
adjacent coasts.

Article 135
Legal status of the superjacent waters and air space

Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the legal status of the waters superjacent to the Area or that
of the air space above those waters.

SECTION 2. PRINCIPLES GOVERNING THE AREA

Article 136
Common heritage of mankind

The Area and its resources are the common heritage of mankind.

Article 137
Legal status of the Area and its resources

1. No State shall claim or exercise sovereignty or sovereign rights over
any part of the Area or its resources, nor shall any State or natural or
juridical person appropriate any part thereof. No such claim or exercise of
sovereignty or sovereign rights nor such appropriation shall be recognized.

2. All rights in the resources of the Area are vested in mankind as a whole
on whose behalf the Authority shall act. These resources are not subject to
alienation. The minerals recovered from the Area, however, may only be
alienated in accordance with this Part and the rules, regulations and
procedures of the Authority.

3. No State or natural or juridical person shall claim, acquire or exercise
rights with respect to the minerals recovered from the Area except in
accordance with this Part. Otherwise, no such claim, acquisition or
exercise of such rights shall be recognized.

Article 138
General conduct of States in relation to the Area

The general conduct of States in relation to the Area shall be in
accordance with the provisions of this Part, the principles embodied in the
Charter of the United Nations and other rules of international law in the
interests of maintaining peace and security and promoting international
co-operation and mutual understanding .

Article 139
Responsibility to ensure compliance and liability for damage

1. States Parties shall have the responsibility to ensure that activities
in the Area, whether carried out by States Parties, or state enterprises or
natural or juridical persons which possess the nationality of States
Parties or are effectively controlled by them or their nationals, shall be
carried out in conformity with this Part. The same responsibility applies
to International Organizations for activities in the Area carried out by
such organizations.

2. Without prejudice to the rules of international law and Annex III,
article 22, damage caused by the failure of a State Party or international
organization to carry out its responsibilities under this Part shall entail
liability, States Parties or International Organizations acting together
shall bear joint and several liability. A State Party shall not however be
liable for damage caused by any failure to comply with this Part by a
person whom it has sponsored under article 153, paragraph 2(b), if the
State Party has taken all necessary and appropriate measures to secure
effective compliance under article 153, paragraph 4, and Annex III, article
4, paragraph 4.

3. States Parties that are members of international organizations shall
take appropriate measures to ensure the implementation of this article with
respect to such organizations.

Article 140
Benefit of mankind

1. Activities in the Area shall, as specifically provided for in this Part,
be carried out for the benefit of mankind as a whole, irrespective of the
geographical location of States, whether coastal or land-locked, and taking
into particular consideration the interests and needs of developing States
and of peoples who have not attained full independence or other
self-governing status recognized by the United Nations in accordance with
General Assembly resolution 1514 (XV) and other relevant General Assembly
resolutions.

2. The Authority shall provide for the equitable sharing of financial and
other economic benefits derived from activities in the Area through any
appropriate mechanism on a non-discriminatory basis, in accordance with
article 160, paragraph 2 (f) (i).

Article 141
Use of the Area exclusively for peaceful purposes

The Area shall be open to use exclusively for peaceful purposes by all
States, whether coastal or land-locked, without discrimination and without
prejudice to the Other provisions of this Part.

Article 142
Rights and legitimate interests of coastal States

1. Activities in the Area, with respect to resource deposits in the Area
which lie across limits of national jurisdiction, shall be conducted with
due regard to the rights and legitimate interests of any coastal State
across whose jurisdiction such deposits lie.

2. Consultations, including a system of prior notification, shall be
maintained with the State concerned, with a view to avoiding infringement
of such rights and interests. In cases where activities in the Area may
result in the exploitation of resources lying within national jurisdiction,
the prior consent of the coastal State concerned shall be required.

3. Neither this Part nor any rights granted or exercised pursuant thereto
shall affect the rights of coastal States to take such measures consistent
with the relevant provisions of Part XII as may be necessary to prevent,
mitigate or eliminate grave and imminent danger to their coastline, or
related interests from pollution or threat thereof or from other hazardous
occurrences resulting from or caused by any activities in the Area.

Article 143
Marine Scientific Research

1. Marine Scientific Research in the Area shall be carried out exclusively
for peaceful purposes and for the benefit of mankind as a whole in
accordance with Part XIII.

2. The Authority may carry out marine scientific research concerning the
Area and its resources, and may enter into contracts for that purpose. The
Authority shall promote and encourage the conduct of marine scientific
research in the Area, and shall co-ordinate and disseminate the results of
such research and analysis when available.

3. States Parties may carry out marine scientific research in the Area.
States Parties shall promote international co-operation in marine
scientific research in the Area by:

(a) participating in international programmes and encouraging
co-operation in marine scientific research by personnel of different
countries and of the Authority;
(b) ensuring that programmes are developed through the Authority or other
international organizations as appropriate for the benefit of
developing States and technologically less developed States with a
view to:
(i) strengthening their research capabilities;
(ii) training their personnel and the personnel of the Authority in
the techniques and applications of research;
(iii) fostering the employment of their qualified personnel in
research in the Area;
(c) effectively disseminating the results of research and analysis when
available, through the Authority or other international channels when
appropriate.

Article 144
Transfer of technology

1. The Authority shall take measures in accordance with this Convention:

(a) to acquire technology and scientific knowledge relating to activities
in the Area; and
(b) to promote and encourage the transfer to developing States of such
technology and scientific knowledge so that all States Parties
benefit therefrom.

2. To this end the Authority and States Parties shall co.operate in
promoting the transfer of technology and scientific knowledge relating to
activities in the Area so that the Enterprise and all States Parties may
benefit therefrom. In particular they shall initiate and promote:
(a) programmes for the transfer of technology to the Enterprise and to
developing States with regard to activities in the Area, including,
inter alia, facilitating the access of the Enterprise and of
developing States to the relevant technology, under fair and
reasonable terms and conditions;
(b) measures directed towards the advancement of the technology of the
Enterprise and the domestic technology of developing States,
particularly by providing opportunities to personnel from the
Enterprise and from developing States for training in marine science
and technology and for their full participation in activities in the
Area.

Article 145
Protection of the marine environment

Necessary measures shall be taken in accordance with this Convention with
respect to activities in the Area to ensure effective protection for the
marine environment from harmful effects which may arise from such
activities. To this end the Authority shall adopt appropriate rules,
regulations and procedures for inter alia:

(a) the prevention, reduction and control of pollution and other hazards
to the marine environment, including the coastline, and of
interference with the ecological balance of the marine environment,
particular attention being paid to the need for protection from
harmful effects of such activities as drilling, dredging, excavation,
disposal of waste, construction and operation or maintenance of
installations, pipelines and other devices related to such
activities;
(b) the protection and conservation of the natural resources of the Area
and the prevention of damage to the flora and fauna of the marine
environment.

Article 146
Protection of human life

With respect to activities in the Area, necessary measures shall be taken
to ensure effective protection of human life. To this end the Authority
shall adopt appropriate rules, regulations and procedures to supplement
existing international law as embodied in relevant Treaties .

Article 147
Accommodation of activities in the Area and in the marine
environment

1. Activities in the Area shall be carried out with reasonable regard for
other activities in the marine environment.

2. Installations used for carrying out activities in the Area shall be
subject to the following conditions:

(a) such installations shall be erected, emplaced and removed solely in
accordance with this Part and subject to the rules, regulations and
procedures of the Authority. Due notice must be given of the
erection, emplacement and removal of such installations, and
permanent means for giving warning of their presence must be
maintained;
(b) such installations may not be established where interference may be
caused to the use of recognized sea lanes essential to international
navigation or in areas of intense fishing activity;
(c) safety zones shall be established around such installations with
appropriate markings to ensure the safety of both navigation and the
installations. The configuration and location of such safety zones
shall not be such as to form a belt impeding the lawful access of
shipping to particular maritime zones or navigation along
international sea lanes;
(d) such installations shall be used exclusively for peaceful purposes;
(e) such installations do not possess the status of islands. They have no
territorial sea of their own, and their presence does not affect the
delimitation of the territorial sea, the Exclusive Economic Zone or
the Continental Shelf .

3. Other activities in the marine environment shall be conducted with
reasonable regard for activities in the Area.

Article 148
Participation of developing States in activities in the Area

The effective participation of developing States in activities in the Area
shall be promoted as specifically provided for in this Part, having due
regard to their special interests and needs, and in particular to the
special need of the landlocked and geographically disadvantaged among them
to overcome obstacles arising from their disadvantaged location, including
remoteness from the Area and difficulty of access to and from it.

Article 149
Archaeological and historical objects

All objects of an archaeological and historical nature found in the Area
shall be preserved or disposed of for the benefit of mankind as a whole,
particular regard being paid to the preferential rights of the State or
country of origin, or the State of cultural origin, or the State of
historical and archaeological origin.

 

Author: international