United Nations Convention on the Law of the Sea

Article 152
Exercise of powers and functions by the Authority

1. The Authority shall avoid discrimination in the exercise of its powers
and functions, including the granting of opportunities for activities in
the Area.

2. Nevertheless, special consideration for developing States, including
particular consideration for the land-locked and geographically
disadvantaged among them, specifically provided for in this Part shall be
permitted.

Article 153
System of exploration and exploitation

1. Activities in the Area shall be organized, carried out and controlled by
the Authority on behalf of mankind as a whole in accordance with this
article as well as other relevant provisions of this Part and the relevant
Annexes, and the rules, regulations and procedures of the Authority.

2. Activities in the Area shall be carried out as prescribed in paragraph
3:

(a) by the Enterprise, and
(b) in association with the Authority 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, when sponsored by such States, or any group of
the foregoing which meets the requirements provided in this Part and
in Annex III.

3. Activities in the Area shall be carried out in accordance with a formal
written plan of work drawn up in accordance with Annex III and approved by
the Council after review by the Legal and Technical Commission. In the case
of activities in the Area carried out as authorized by the Authority by the
entities specified in paragraph 2(b), the plan of work shall, in accordance
with Annex III, article 3, be in the form of a contract. Such contracts may
provide for joint arrangements in accordance with Annex III, article 11.

4. The Authority shall exercise such control over activities in the Area as
is necessary for the purpose of securing compliance with the relevant
provisions of this Part and the Annexes relating thereto, and the rules,
regulations and procedures of the Authority, and the plans of work approved
in accordance with paragraph 3. States Parties shall assist the Authority
by taking all measures necessary to ensure such compliance in accordance
with article 139.

5. The Authority shall have the right to take at any time any measures
provided for under this Part to ensure compliance with its provisions and
the exercise of the functions of control and regulation assigned to it
thereunder or under any contract. The Authority shall have the right to
inspect all installations in the Area used in connection with activities in
the Area.

6. A contract under paragraph 3 shall provide for security of tenure.
Accordingly, the contract shall not be revised, suspended or terminated
except in accordance with Annex III, articles 18 and 19.

Article 154
Periodic review

Every five years from the entry into force of this Convention, the Assembly
shall undertake a general and systematic review of the manner in which the
international regime of the Area established in this Convention has
operated in practice. In the light of this review the Assembly may take, or
recommend that other organs take, measures in accordance with the
provisions and procedures of this Part and the Annexes relating thereto
which will lead to the improvement of the operation of the regime.

Article 155
The Review Conference

1. Fifteen years from 1 January of the year in which the earliest
commercial production commences under an approved plan of work, the
Assembly shall convene a conference for the review of those provisions of
this Part and the relevant Annexes which govern the system of exploration
and exploitation of the resources of the Area. The Review Conference shall
consider in detail, in the light of the experience acquired during that
period:

(a) whether the provisions of this Part which govern the system of
exploration and exploitation of the resources of the Area have
achieved their aims in all respects, including whether they have
benefited mankind as a whole;
(b) whether, during the 15-year period, reserved areas have been
exploited in an effective and balanced manner in comparison with
non-reserved areas;
(c) whether the development and use of the Area and its resources have
been undertaken in such a manner as to foster healthy development of
the world economy and balanced growth of international trade;
(d) whether monopolization of activities in the Area has been prevented;
(e) whether the policies set forth in articles 150 and 151 have been
fulfilled; and
(f) whether the system has resulted in the equitable sharing of benefits
derived from activities in the Area, taking into particular
consideration the interests and needs of the developing States.

2. The Review Conference shall ensure the maintenance of the principle of
the common heritage of mankind, the international regime designed to ensure
equitable exploitation of the resources of the Area for the benefit of all
countries, especially the developing States, and an Authority to organize,
conduct and control activities in the Area. It shall also ensure the
maintenance of the principles laid down in this Part with regard to the
exclusion of claims or exercise of sovereignty over any part of the Area,
the rights of States and their general conduct in relation to the Area, and
their participation in activities in the Area in conformity with this
Convention, the prevention of monopolization of activities in the Area, the
use of the Area exclusively for peaceful purposes, economic aspects of
activities in the Area, Marine Scientific Research , transfer of technology,
protection of the marine environment, protection of human life, rights of
coastal States, the legal status of the waters superjacent to the Area and
that of the air space above those waters and accommodation between
activities in the Area and other activities in the marine environment.

3. The decision-making procedure applicable at the Review Conference shall
be the same as that applicable at the Third United Nations Conference on
the Law of the Sea. The Conference shall make every effort to reach
agreement on any amendments by way of consensus and there should be no
voting on such matters until all efforts at achieving consensus have been
exhausted.

4. If, five years after its commencement, the Review Conference has not
reached agreement on the system of exploration and exploitation of the
resources of the Area, it may decide during the ensuing 12 months, by a
three-fourths majority of the States Parties, to adopt and submit to the
States Parties for ratification or accession such amendments changing or
modifying the system as it determines necessary and appropriate. Such
amendments shall enter into force for all States Parties 12 months after
the deposit of instruments of ratification or accession by three fourths of
the States Parties.

5. Amendments adopted by the Review Conference pursuant to this article
shall not affect rights acquired under existing contracts.

Author: international