ANNEX V. CONCILIATION

 SECTION 1. CONCILIATION PROCEDURE PURSUANT TO
 SECTION 1 OF PART XV

 Article I
 Institution of proceedings

 If the parties to a dispute have agreed, in accordance with article 284, to submit it to conciliation under this section, any such party may institute the proceedings by written notification addressed to the other party or parties to the dispute.

 Article 2
 List of conciliators

 A list of conciliators shall be drawn up and maintained by the  Secretary-General of the United Nations. Every State Party shall be  entitled to nominate four conciliators, each of whom shall be a person  enjoying the highest reputation for fairness, competence and  integrity. The names of the persons so nominated shall constitute the  list. If at any time the conciliators nominated by a State Party in  the list so constituted shall be fewer than four, that State Party  shall be entitled to make further nominations as necessary. The name  of a conciliator shall remain on the list until withdrawn by the State  Party which made the nomination, provided that such conciliator shall  continue to serve on any conciliation commission to which that  conciliator has been appointed until the completion of the proceedings  before that commission.

 Article 3
 Constitution of conciliation commission

 The conciliation commission shall, unless the parties otherwise agree, be constituted as follows:

 (a) Subject to subparagraph (g), the conciliation commission shall consist of five members.

 (b) The party instituting the proceedings shall appoint two conciliators to be chosen preferably from the list referred to in article 2 of this Annex, one of whom may be its national, unless the parties otherwise agree. Such appointments shall be included in the notification referred to in article 1 of this Annex.

 (c) The other party to the dispute shall appoint two conciliators in the manner set forth in subparagraph (b) within 21 days of receipt of the notification referred to in article 1 of this Annex. If the appointments are not made within that period, the party instituting the proceedings may, within one week of the expiration of that period, either terminate the proceedings by notification addressed to the other party or request the Secretary-General of the United Nations to make the appointments in accordance with subparagraph (e).

 (d) Within 30 days after all four conciliators have been appointed, they shall appoint a fifth conciliator chosen from the list referred to in article 2 of this Annex, who shall be chairman. If the appointment is not made within that period, either party may, within one week of the expiration of that period, request the Secretary-General of the United Nations to make the appointment in accordance with subparagraph (e).

 (e) Within 30 days of the receipt of a request under subparagraph (c) or (d), the Secretary-General of the United Nations shall make the necessary appointments from the list referred to in article 2 of this Annex in consultation with the parties to the dispute.

 (f) Any vacancy shall be filled in the manner prescribed for the initial appointment.

 (g) Two or more parties which determine by agreement that they are in the same interest shall appoint two conciliators jointly. Where two or more parties have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint conciliators
 separately.

 (h) In disputes involving more than two parties having separate interests, or where there is disagreement as to whether they are of the same interest, the parties shall apply subparagraphs (a) to (f) in so far as possible.

 Article 4
 Procedure

 The conciliation commission shall, unless the parties otherwise agree,  determine its own procedure. The commission may, with the consent of  the parties to the dispute, invite any State Party to submit to it its  views orally or in writing. Decisions of the commission regarding  procedural matters, the report and recommendations shall be made by a  majority vote of its members.

 Article 5
 Amicable settlement

 The commission may draw the attention of the parties to any measures which might facilitate an amicable settlement of the dispute.

 Article 6
 Functions of the commission

 The commission shall hear the parties, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.

 Article 7
 Report

 1. The commission shall report within 12 months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the commission may deem appropriate for an amicable settlement. The report shall be deposited with the Secretary-General of the United Nations and shall immediately be transmitted by him to the parties to the dispute.

 2. The report of the commission, including its conclusions or recommendations, shall not be binding upon the parties.

 Article 8
 Termination

 The conciliation proceedings are terminated when a settlement has been  reached, when the parties have accepted or one party has rejected the  recommendations of the report by written notification addressed to the  Secretary-General of the United Nations, or when a period of three  months has expired from the date of transmission of the report to the  parties.

 Article 9
 Fees and expenses

 The fees and expenses of the commission shall be borne by the parties to the dispute.

 Article 10
 Right of parties to modify procedure

 The parties to the dispute may by agreement applicable solely to that dispute modify any provision of this Annex.

 SECTION 2.
 COMPULSORY SUBMISSION TO CONCILIATION PROCEDURE PURSUANT TO SECTION 3 OF PART XV

 Article 11
 Institution of proceedings

 1. Any party to a dispute which, in accordance with Part XV, section 3, may be submitted to conciliation under this section, may institute the proceedings by written notification addressed to the other party or parties to the dispute. 2. Any party to the dispute, notified under paragraph 1, shall be obliged to submit to such proceedings.

 Article 12
 Failure to reply or to submit to conciliation

 The failure of a party or parties to the dispute to reply to notification of institution of proceedings or to submit to such proceedings shall not constitute a bar to the proceedings.

 Article 13
 Competence

 A disagreement as to whether a conciliation commission acting under this section has competence shall be decided by the commission.

 Article 14
 Application of section I

 Articles 2 to 10 of section 1 of this Annex apply subject to this section.
 

 ANNEX VI. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

 Article 1
 General provisions

 1. The International Tribunal for the Law of the Sea is constituted and shall function in accordance with the provisions of this Convention and this Statute.

 2. The seat of the Tribunal shall be in the Free and Hanseatic City of Hamburg in the Federal Republic of Germany.

 3. The Tribunal may sit and exercise its functions elsewhere whenever it considers this desirable.

 4. A reference of a dispute to the Tribunal shall be governed by the provisions of Parts Xl and XV.

 SECTION 1. ORGANIZATION OF THE TRIBUNAL

 Article 2
 Composition

 1. The Tribunal shall be composed of a body of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

 2. In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured.

 Article 3
 Membership

 1. No two members of the Tribunal may be nationals of the same State.  A person who for the purposes of membership in the Tribunal could be  regarded as a national of more than one State shall be deemed to be a  national of the one in which he ordinarily exercises civil and  political rights

 2. There shall be no fewer than three members from each geographical group as established by the General Assembly of the United Nations.

 Article 4
 Nominations and elections

 1. Each State Party may nominate not more than two persons having the qualifications prescribed in article 2 of this Annex. The members of the Tribunal shall be elected from the list of persons thus nominated.

 2. At least three months before the date of the election, the Secretary-General of the United Nations in the case of the first election and the Registrar of the Tribunal in the case of subsequent elections shall address a written invitation to the States Parties to submit their nominations for members of the Tribunal within two months. He shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties before the seventh day of the last month before the date of each election.

 3. The first election shall be held within six months of the date of entry into force of this Convention.

 4. The members of the Tribunal shall be elected by secret ballot. Elections shall be held at a meeting of the States Parties convened by the Secretary-General of the United Nations in the case of the first election and by a procedure agreed to by the States Parties in the case of subsequent elections. Two thirds of the States Parties shall constitute a quorum at that meeting. The persons elected to the Tribunal shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties.

 Article 5
 Term of office

 1. The members of the Tribunal shall be elected for nine years and may  be re-elected; provided, however, that of the members elected at the  first election, the terms of seven members shall expire at the end of  three years and the terms of seven more members shall expire at the  end of six years

 2. The members of the Tribunal whose terms are to expire at the end of  the above-mentioned initial periods of three and six years shall be  chosen by lot to be drawn by the Secretary-General of the United  Nations immediately after the first election.

 3. The members of the Tribunal shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any proceedings which they may have begun before the date of their replacement.

 4. In the case of the resignation of a member of the Tribunal, the letter of resignation shall be addressed to the President of the Tribunal. The place becomes vacant on the receipt of that letter.

 Article 6
 Vacancies

 1. Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: the Registrar shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in article 4 of this Annex, and the date of the election shall be fixed by the President of the Tribunal after consultation with the States Parties.

 2. A member of the Tribunal elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.

 Article 7
 Incompatible activities

 1. No member of the Tribunal may exercise any political or administrative function, or associate actively with or be financially interested in any of the operations of any enterprise concerned with the exploration for or exploitation of the resources of the sea or the sea-bed or other commercial use of the sea or the sea-bed.

 2. No member of the Tribunal may act as agent, counsel or advocate in any case.

 3. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

 Article 8
 Conditions relating to participation of members in a particular case

 1. No member of the Tribunal may participate in the decision of any case in which he has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court or tribunal, or in any other capacity.

 2. If, for some special reason, a member of the Tribunal considers that he should not take part in the decision of a particular case, he shall so inform the President of the Tribunal.

 3. If the President considers that for some special reason one of the members of the Tribunal should not sit in a particular case, he shall give him notice accordingly.

 4. Any doubt on these points shall be resolved by decision of the majority of the other members of the Tribunal present.

 Article 9
 Consequence of ceasing to fulfill required conditions

 If, in the unanimous opinion of the other members of the Tribunal, a member has ceased to fulfill the required conditions, the President of the Tribunal shall declare the seat vacant.

 Article 10
 Privileges and immunities

 The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities.

 Article 11
 Solemn declaration by members

 Every member of the Tribunal shall, before taking up his duties, make a solemn declaration in open session that he will exercise his powers impartially and conscientiously.

 Article 12
 President, Vice-President and Registrar

 1. The Tribunal shall elect its President and Vice-President for three years; they may be re-elected.

 2. The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.

 3. The President and the Registrar shall reside at the seat of the Tribunal.

 Article 13
 Quorum

 1. All available members of the Tribunal shall sit; a quorum of 11 elected members shall be required to constitute the Tribunal.

 2. Subject to article 17 of this Annex, the Tribunal shall determine which members are available to constitute the Tribunal for the consideration of a particular dispute, having regard to the effective functioning of the chambers as provided for in articles 14 and 15 of this Annex.

 3. All disputes and applications submitted to the Tribunal shall be heard and determined by the Tribunal, unless article 14 of this Annex applies, or the parties request that it shall be dealt with in accordance with article 15 of this Annex.

 Article 14
 Sea-Bed Disputes Chamber

 A Sea-Bed Disputes Chamber shall be established in accordance with the provisions of section 4 of this Annex. Its jurisdiction, powers and functions shall be as provided for in Part XI, section 5.

 Article 15
 Special chambers

 1. The Tribunal may form such chambers, composed of three or more of its elected members, as it considers necessary for dealing with particular categories of disputes.

 2. The Tribunal shall form a chamber for dealing with a particular dispute submitted to it if the parties so request. The composition of such a chamber shall be determined by the Tribunal with the approval of the parties.

 3. With a view to the speedy dispatch of business, the Tribunal shall form annually a chamber composed of five of its elected members which may hear and determine disputes by summary procedure. Two alternative members shall be selected for the purpose of replacing members who are unable to participate in a particular proceeding.

 4. Disputes shall be heard and determined by the chambers provided for in this article if the parties so request.

 5. A judgment given by any of the chambers provided for in this article and in article 14 of this Annex shall be considered as rendered by the Tribunal.

 Article 16
 Rules of the Tribunal

 The Tribunal shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure.

 Article 17
 Nationality of members

 1. Members of the Tribunal of the nationality of any of the parties to a dispute shall retain their right to participate as members of the Tribunal.

 2. If the Tribunal, when hearing a dispute, includes upon the bench a member of the nationality of one of the parties, any other party may choose a person to participate as a member of the Tribunal.

 3. If the Tribunal, when hearing a dispute, does not include upon the bench a member of the nationality of the parties, each of those parties may choose a person to participate as a member of the Tribunal.

 4. This article applies to the chambers referred to in articles 14 and  15 of this Annex. In such cases, the President, in consultation with  the parties, shall request specified members of the Tribunal forming  the chamber, as many as necessary, to give place to the members of the  Tribunal of the nationality of the parties concerned, and, failing  such, or if they are unable to be present, to the members specially  chosen by the parties.

 5. Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be considered as one party only. Any doubt on this point shall be settled by the decision of the Tribunal.

 6. Members chosen in accordance with paragraphs 2, 3 and 4 shall fulfill the conditions required by articles 2, 8 and 11 of this Annex. They shall participate in the decision on terms of complete equality with their colleagues.

 Article 18
 Remuneration of members

 1. Each elected member of the Tribunal shall receive an annual allowance and, for each day on which he exercises his functions, a special allowance, provided that in any year the total sum payable to any member as special allowance shall not exceed the amount of the annual allowance.

 2. The President shall receive a special annual allowance.

 3. The Vice-President shall receive a special allowance for each day on which he acts as President.

 4. The members chosen under article 17 of this Annex, other than elected members of the Tribunal, shall receive compensation for each day on which they exercise their functions.

 5. The salaries, allowances and compensation shall be determined from time to time at meetings of the States Parties, taking into account the work load of the Tribunal. They may not be decreased during the term of office.

 6. The salary of the Registrar shall be determined at meetings of the States Parties, on the proposal of the Tribunal.

 7. Regulations adopted at meetings of the States Parties shall determine the conditions under which retirement pensions may be given to members of the

 Tribunal and to the Registrar, and the conditions under which members of the Tribunal and Registrar shall have their traveling expenses refunded.

 8. The salaries, allowances, and compensation shall be free of all taxation.

 Article 19
 Expenses of the Tribunal

 1. The expenses of the Tribunal shall be borne by the States Parties and by the Authority on such terms and in such a manner as shall be decided at meetings of the States Parties.

 2. When an entity other than a State Party or the Authority is a party to a case submitted to it, the Tribunal shall fix the amount which that party is to contribute towards the expenses of the Tribunal.

 SECTION 2. COMPETENCE

 Article 20
 Access to the Tribunal

 1. The Tribunal shall be open to States Parties.

 2. The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.

 Article 21
 Jurisdiction

 The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.

 Article 22
 Reference of disputes subject to other agreements

 If all the parties to a treaty or convention already in force and  concerning the subject-matter covered by this Convention so agree, any  disputes concerning the interpretation or application of such treaty  or convention may, in accordance with such agreement, be submitted to  the Tribunal.

 Article 23
 Applicable law

 The Tribunal shall decide all disputes and applications in accordance with article 293.

 SECTION 3. PROCEDURE

 Article 24
 Institution of proceedings

 1. Disputes are submitted to the Tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the Registrar. In either case, the subject of the dispute and the parties shall be indicated.

 2. The Registrar shall forthwith notify the special agreement or the application to all concerned.

 3. The Registrar shall also notify all States Parties.

 Article 25
 Provisional measures

 1. In accordance with article 290, the Tribunal and its Sea-Bed Disputes Chamber shall have the power to prescribe provisional measures.

 2. If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this Annex, such provisional measures may be adopted at the request of any party to the dispute. They shall be subject to review and revision by the Tribunal.

 Article 26
 Hearing

 1. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside.

 2. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.

 Article 27
 Conduct of case

 The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

 Article 28
 Default

 When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.

 Article 29
 Majority for decision

 1. All questions shall be decided by a majority of the members of the Tribunal who are present.

 2. In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.

 Article 30
 Judgment

 1. The judgment shall state the reasons on which it is based.

 2. It shall contain the names of the members of the Tribunal who have taken part in the decision.

 3. If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion.

 4 The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute.

 Article 31
 Request to intervene

 1. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request to the Tribunal to be permitted to intervene.

 2. It shall be for the Tribunal to decide upon this request.

 3. If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so far as it relates to matters in respect of which that State Party intervened.

 Article 32
 Right to intervene in cases of interpretation or application

 1. Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith.

 2. Whenever pursuant to article 21 or 22 of this Annex the interpretation or application of an international agreement is in question, the Registrar shall notify all the parties to the agreement.

 3. Every party referred to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it uses this right, the interpretation given by the judgment will be equally binding upon it.

 Article 33
 Finality and binding force of decisions

 1. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute.

 2. The decision shall have no binding force except between the parties in respect of that particular dispute.

 3. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.

 Article 34
 Costs

 Unless otherwise decided by the Tribunal, each party shall bear its own costs.

 SECTION 4. SEA-BED DISPUTES CHAMBER

 Article 35
 Composition

 1. The Sea-Bed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them.

 2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and distribution.

 3. The members of the Chamber shall be selected every three years and may be selected for a second term.

 4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected.

 5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete the proceedings in its original composition.

 6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the remainder of his predecessor's term.

 7. A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.

 Article 36
 Ad hoc chambers

 1. The Sea-Bed Disputes Chamber shall form an ad hoc chamber, composed  of three of its members, for dealing with a particular dispute  submitted to it in accordance with article 188, paragraph 1 (b). The  composition of such a chamber shall be determined by the Sea-Bed  Disputes Chamber with the approval of the parties.

 2. If the parties do not agree on the composition of an ad hoc  chamber, each party to the dispute shall appoint one member, and the  third member shall be appointed by them in agreement. If they  disagree, or if any party fails to make an appointment, the President  of the Sea-Bed Disputes Chamber shall promptly make the appointment or  appointments from among its members, after consultation with the  parties.

 3. Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute.

 Article 37
 Access

 The Chamber shall be open to the States Parties, the Authority and the other entities referred to in Part XI, section 5.

 Article 38
 Applicable law

 In addition to the provisions of article 293, the Chamber shall apply:
 (a) the rules, regulations and procedures of the Authority adopted in accordance with this Convention; and

 (b) the terms of contracts concerning activities in the Area in matters relating to those contracts.

 Article 39
 Enforcement of decisions of the Chamber

 The decisions of the Chamber shall be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court of the State Party in whose territory the enforcement is sought.

 Article 40
 Applicability of other sections of this Annex

 1. The other sections of this Annex which are not incompatible with this section apply to the Chamber.

 2. In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this Annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.

 SECTION 5. AMENDMENTS

 Article 41
 Amendments

 1. Amendments to this Annex, other than amendments to section 4, may be adopted only in accordance with article 313 or by consensus at a conference convened in accordance with this Convention.

 2. Amendments to section 4 may be adopted only in accordance with article 314.

 3. The Tribunal may propose such amendments to this Statute as it may consider necessary, by written communications to the States Parties for their consideration in conformity with paragraphs 1 and 2.

 ANNEX VII. ARBITRATION

 Article 1
 Institution of proceedings

 Subject to the provisions of Part XV, any party to a dispute may  submit the dispute to the arbitral procedure provided for in this  Annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

 Article 2
 List of arbitrators

 1. A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.

 2. If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary.

 3. The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.

 Article 3
 Constitution of arbitral tribunal

 For the purpose of proceedings under this Annex, the arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

 (a) Subject to subparagraph (g), the arbitral tribunal shall consist of five members.

 (b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article 1 of this Annex.

 (c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e).

 (d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article I of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period.

 (e) Unless the parties agree that any appointment under subparagraphs  (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of or nationals of, any of the parties to the dispute.

 (f) Any vacancy shall be filled in the manner prescribed for the initial appointment.

 (g) Parties in the same interest shall appoint one member of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be smaller by one than the number of members of the tribunal to be appointed jointly by the parties.

 (h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.

 Article 4
 Functions of arbitral tribunal

 An arbitral tribunal constituted under article 3 of this Annex shall function in accordance with this Annex and the other provisions of this Convention.

 Article 5
 Procedure

 Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be heard and to present its case.

 Article 6
 Duties of parries to a dispute

 The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their disposal, shall:

 (a) provide it with all relevant documents, facilities and information; and

 (b) enable it when necessary to call witnesses or experts and receive their evidence and to visit the localities to which the case relates.

 Article 7
 Expenses

 Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.

 Article 8
 Required majority for decisions

 Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or abstention of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.

 Article 9
 Default of appearance

 If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.

 Article 10
 Award

 The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the award. Any member of the Tribunal may attach a separate or dissenting opinion to the award.

 Article 11
 Finality of award

 The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute.

 Article 12
 Interpretation or implementation of award

 1. Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original appointments of the members of the tribunal .

 2. Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.

 Article 13
 Application to entities other than States Parties

 The provisions of this Annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.

 ANNEX VIII. SPECIAL ARBITRATION

 Article 1
 Institution of proceedings

 Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping, may submit the dispute to the special arbitral procedure provided for in this Annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

 Article 2
 Lists of experts

 1. A list of experts shall be established and maintained in respect of each of the fields of (I) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping.

 2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Inter-Governmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or commission has delegated this function.

 3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field Is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list.

 4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary.

 5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.

 Article 3
 Constitution of special arbitral tribunal

 For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

 (a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members.

 (b) The party instituting the proceedings shall appoint two members to be chosen preferably from the appropriate list or lists referred to in article 2 of this Annex relating to the matters in dispute, one of whom may be its national. The appointments shall be included in the notification referred to in article 1 of this Annex.

 (c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article I of this Annex, appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national. If the appointments are not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in accordance with subparagraph (e) .

 (d) The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in article 1 of this Annex, the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period.

 (e) Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of the United Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs (c) and (d). The appointments referred to in this subparagraph shall be made from the appropriate list or lists of experts referred to in article 2 of this Annex and in consultation with the parties to the dispute and the appropriate international organization. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.

 (f) Any vacancy shall be filled in the manner prescribed for the initial appointment.

 (g) Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal.

 (h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.

 Article 4
 General provisions

 Annex VII, articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.

 Article 5
 Fact finding

 1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) fisheries, (2) protection and preservation of the marine environment,
 (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping, may at any time agree to request a special arbitral tribunal constituted in accordance with article 3 of this Annex to carry out an inquiry and establish the facts giving rise to the dispute.

 2. Unless the parties otherwise agree, the findings of fact of the special arbitral tribunal acting in accordance with paragraph 1, shall be considered as conclusive as between the parties.

 3. If all the parties to the dispute so request, the special arbitral tribunal may formulate recommendations which, without having the force of a decision, shall only constitute the basis for a review by the parties of the questions giving rise to the dispute.

 4. Subject to paragraph 2, the special arbitral tribunal shall act in accordance with the provisions of this Annex, unless the parties otherwise agree.

 ANNEX IX. PARTICIPATION BY INTERNATIONAL ORGANIZATIONS

 Article 1
 Use of terms

 For the purposes of article 305 and of this Annex, "international organization" means an intergovernmental organization constituted by States to which its member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters.

 Article 2
 Signature

 An international organization may sign this Convention if a majority of its member States are signatories of this Convention. At the time of signature an international organization shall make a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to that organization by its member States which are signatories, and the nature and extent of that competence.

 Article 3
 Formal confirmation and accession

 1. An international organization may deposit its instrument of formal confirmation or of accession if a majority of its member States deposit or have deposited their instruments of ratification or accession.

 2. The instruments deposited by the international organization shall contain the undertakings and declarations required by articles 4 and 5 of this Annex.

 Article 4
 Extent of participation and rights and obligations

 1. The instrument of formal confirmation or of accession of an international organization shall contain an undertaking to accept the rights and obligations of States under this Convention in respect of matters relating to which competence has been transferred to it by its member States which are Parties to this Convention.

 2. An international organization shall be a Party to this Convention to the extent that it has competence in accordance with the declarations, communications of information or notifications referred to in article 5 of this Annex.

 3. Such an international organization shall exercise the rights and perform the obligations which its member States which are Parties would otherwise have under this Convention, on matters relating to which competence has been transferred to it by those member States. The member States of that international organization shall not exercise competence which they have transferred to it .

 4. Participation of such an international organization shall in no case entail an increase of the representation to which its member States which are States Parties would otherwise be entitled, including rights in decision-making.

 5. Participation of such an international organization shall in no case confer any rights under this Convention on member States of the organization which are not States Parties to this Convention.

 6. In the event of a conflict between the obligations of an international organization under this Convention and its obligations under the agreement establishing the organization or any acts relating to it, the obligations under this Convention shall prevail.

 Article 5
 Declarations, notifications and communications

 1. The instrument of formal confirmation or of accession of an international organization shall contain a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to the organization by its member States which are Parties to this Convention.

 2. A member State of an international organization shall, at the time it ratifies or accedes to this Convention or at the time when the organization deposits its instrument of formal confirmation or of accession, whichever is later, make a declaration specifying the matters governed by this Convention in respect of which it has transferred competence to the organization.

 3. States Parties which are member States of an international organization which is a Party to this Convention shall be presumed to have competence over all matters governed by this Convention in respect of which transfers of competence to the organization have not been specifically declared, notified or communicated by those States under this article.

 4. The international organization and its member States which are States Parties shall promptly notify the depositary of this Convention of any changes to the distribution of competence, including new transfers of competence, specified in the declarations under paragraphs 1 and 2.

 5. Any State Party may request an international organization and its member States which are States Parties to provide information as to which, as between the organization and its member States, has competence in respect of any specific question which has arisen. The organization and the member States concerned shall provide this information within a reasonable time. The international organization and the member States may also, on their own initiative, provide this
 information.

 6. Declarations, notifications and communications of information under this article shall specify the nature and extent of the competence transferred.

 Article 6
 Responsibility and liability

 1. Parties which have competence under article 5 of this Annex shall have responsibility for failure to comply with obligations or for any other violation of this Convention.

 2. Any State Party may request an international organization or its member States which are States Parties for information as to who has responsibility in respect of any specific matter. The organization and the member States concerned shall provide this information. Failure to provide this information within a reasonable time or the provision of contradictory information shall result in joint and several liability.

 Article 7
 Settlement of disputes

 1. At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this Convention, referred to in article 287, paragraph I (a), (c) or (d) .

 2. Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations.

 3. When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with Annex VII, unless the parties to the dispute otherwise agree.

 Article 8
 Applicability of Part XVII

 Part XVII applies mutatis mutandis to an international organization, except in respect of the following:

 (a) the instrument of formal confirmation or of accession of an international organization shall not be taken into account in the application of article 308, paragraph 1;

 (b) (i) an international organization shall have exclusive capacity with respect to the application of articles 312 to 315, to the extent that it has competence under article 5 of this Annex over the entire subject matter of the amendment;

 (ii) the instrument of formal confirmation or of accession of an international organization to an amendment, the entire subject-matter over which the international organization has competence under article 5 of this Annex, shall be considered to be the instrument of ratification or accession of each of the member States which are States Parties, for the purposes of applying article 316, paragraphs 1, 2 and 3;

 (iii) the instrument of formal confirmation or of accession of the international organization shall not be taken into account in the application of article 316, paragraphs 1 and 2, with regard to all other amendments;

 (c) (i) an international organization may not denounce this Convention in accordance with article 317 if any of its member States is a State Party and if it continues to fulfil the qualifications specified in article I of this Annex;

 (ii) an international organization shall denounce this Convention when none of its member States is a State Party or if the international organization no longer fulfills the qualifications specified in article 1 of this Annex. Such denunciation shall take effect immediately.

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