PART XVI

 GENERAL PROVISIONS

 Article 300
 Good faith and abuse of rights

 States Parties shall fulfil in good faith the obligations assumed  under this Convention and shall exercise the rights, jurisdiction and  freedoms recognized in this Convention in a manner which would not  constitute an abuse of right.

 Article 301
 Peaceful uses of the seas

 In exercising their rights and performing their duties under this  Convention, States Parties shall refrain from any threat or use of  force against the territorial integrity or political independence of  any State, or in any other manner inconsistent with the principles of  international law embodied in the Charter of the United Nations.

 Article 302
 Disclosure of information

 Without prejudice to the right of a State Party to resort to the  procedures for the settlement of disputes provided for in this  Convention, nothing in this Convention shall be deemed to require a  State Party, in the fulfilment of its obligations under this  Convention, to supply information the disclosure of which is contrary  to the essential interests of its security.

 Article 303
 Archaeological and historical objects found at sea

 1. States have the duty to protect objects of an archaeological and  historical nature found at sea and shall co-operate for this purpose.

 2. In order to control traffic in such objects, the coastal State may,  in applying article 33, presume that their removal from the sea-bed in  the zone referred to in that article without its approval would result  in an infringement within its territory or territorial sea of the laws  and regulations referred to in that article.

 3. Nothing in this article affects the rights of identifiable owners,  the law of salvage or other rules of admiralty, or laws and practices  with respect to cultural exchanges.

 4. This article is without prejudice to other international agreements  and rules of international law regarding the protection of objects of  an archaeological and historical nature.

 Article 304
 Responsibility and liability for damage

 The provisions of this Convention regarding responsibility and  liability for damage are without prejudice to the application of  existing rules and the development of further rules regarding  responsibility and liability under international law.

 PART XVII

 FINAL PROVISIONS

 Article 305
 Signature

 1. This Convention shall be open for signature by:

 (a) all States;

 (b) Namibia, represented by the United Nations Council for Namibia;

 (c) all self-governing associated States which have chosen that status  in an act of self-determination supervised and approved by the United  Nations in accordance with General Assembly resolution 1514 (XV) and  which have competence over the matters governed by this Convention,  including the competence to enter into treaties in respect of those  matters;

 (d) all self-governing associated States which, in accordance with  their respective instruments of association, have competence over the  matters governed by this Convention, including the competence to enter  into treaties in respect of those matters;

 (e) all territories which enjoy full internal self-government,  recognized as such by the United Nations, but have not attained full  independence in accordance with General Assembly resolution 1514 (XV)  and which have competence over the matters governed by this  Convention, including the competence to enter into treaties in respect  of those matters;

 (f) international organizations, in accordance with Annex IX.

 2. This Convention shall remain open for signature until 9 December  1984 at the Ministry of Foreign Affairs of Jamaica and also, from I  July 1983 until 9 December 1984, at United Nations Headquarters in New  York.

 Article 306
 Ratification and formal confirmation

 This Convention is subject to ratification by States and the other  entities referred to in article 305, paragraph I (b), (c), (d) and  (e), and to formal confirmation, in accordance with Annex IX, by the  entities referred to in article 305, paragraph l(f). The instruments  of ratification and of formal confirmation shall be deposited with the  Secretary-General of the United Nations.

 Article 307
 Accession

 This Convention shall remain open for accession by States and the  other entities referred to in article 305. Accession by the entities  referred to in article 305, paragraph 1 (f), shall be in accordance  with Annex IX. The instruments of accession shall be deposited with  the Secretary-General of the United Nations.

 Article 308
 Entry into force

 1. This Convention shall enter into force 12 months after the date of  deposit of the sixtieth instrument of ratification or accession.

 2. For each State ratifying or acceding to this Convention after the  deposit of the sixtieth instrument of ratification or accession, the  Convention shall enter into force on the thirtieth day following the  deposit of its instrument of ratification or accession, subject to  paragraph 1.

 3. The Assembly of the Authority shall meet on the date of entry into  force of this Convention and shall elect the Council of the Authority.  The first Council shall be constituted in a manner consistent with the  purpose of article 161 if the provisions of that article cannot be  strictly applied.

 4. The rules, regulations and procedures drafted by the Preparatory  Commission shall apply provisionally pending their formal adoption by  the Authority in accordance with Part XI.

 5. The Authority and its organs shall act in accordance with  resolution II of the Third United Nations Conference on the Law of the  Sea relating to preparatory investment and with decisions of the  Preparatory Commission taken pursuant to that resolution.

 Article 309
 Reservations and exceptions

 No reservations or exceptions may be made to this Convention unless expressly permitted by other articles of this Convention.

 Article 310
 Declarations and statements

 Article 309 does not preclude a State, when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State.

 Article 311
 Relation to other conventions and international agreements

 1. This Convention shall prevail, as between States Parties, over the Geneva Conventions on the Law of the Sea of 29 April 1958.

 2. This Convention shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.

 3. Two or more States Parties may conclude agreements modifying or  suspending the operation of provisions of this Convention, applicable  solely to the relations between them, provided that such agreements do  not relate to a provision derogation from which is incompatible with  the effective execution of the object and purpose of this Convention,  and provided further that such agreements shall not affect the  application of the basic principles embodied herein, and that the  provisions of such agreements do not affect the enjoyment by other  States Parties of their rights or the performance of their obligations  under this Convention.

 4. States Parties intending to conclude an agreement referred to in  paragraph 3 shall notify the other States Parties through the  depositary of this Convention of their intention to conclude the  agreement and of the modification or suspension for which it provides.

 5. This article does not affect international agreements expressly permitted or preserved by other articles of this Convention.

 6. States Parties agree that there shall be no amendments to the basic  principle relating to the common heritage of mankind set forth in  article 136 and that they shall not be party to any agreement in  derogation thereof.

 Article 312
 Amendment

 1. After the expiry of a period of 10 years from the date of entry  into force of this Convention, a State Party may, by written  communication addressed to the Secretary-General of the United  Nations, propose specific amendments to this Convention, other than  those relating to activities in the Area, and request the convening of  a conference to consider such proposed amendments. The Secretary-  General shall circulate such communication to all States Parties. If,  within 12 months from the date of the circulation of the  communication, not less than one half of the States Parties reply  favourably to the request, the Secretary-General shall convene the  conference.

 2. The decision-making procedure applicable at the amendment  conference shall be the same as that applicable at the Third United  Nations Conference on the Law of the Sea unless otherwise decided by  the conference. The conference should make every effort to reach  agreement on any amendments by way of consensus and there should be no  voting on them until all efforts at consensus have been exhausted.

 Article 313
 Amendment by simplified procedure

 1. A State Party may, by written communication addressed to the  Secretary-General of the United Nations, propose an amendment to this  Convention, other than an amendment relating to activities in the  Area, to be adopted by the simplified procedure set forth in this  article without convening a conference. The Secretary-General shall  circulate the communication to all States Parties.

 2. If, within a period of 12 months from the date of the circulation  of the communication, a State Party objects to the proposed amendment  or to the proposal for its adoption by the simplified procedure, the  amendment shall be considered rejected. The Secretary-General shall  immediately notify all States Parties accordingly.

 3. If, 12 months from the date of the circulation of the  communication, no State Party has objected to the proposed amendment  or to the proposal for its adoption by the simplified procedure, the  proposed amendment shall be considered adopted. The Secretary-General  shall notify all States Parties that the proposed amendment has been  adopted.

 Article 314
 Amendments to the provisions of this Convention relating exclusively to activities in the Area

 1. A State Party may, by written communication addressed to the  Secretary-General of the Authority, propose an amendment to the  provisions of this Convention relating exclusively to activities in  the Area, including Annex VI, section 4. The Secretary-General shall  circulate such communication to all States Parties. The proposed  amendment shall be subject to approval by the Assembly following its  approval by the Council. Representatives of States Parties in those  organs shall have full powers to consider and approve the proposed  amendment. The proposed amendment as approved by the Council and the  Assembly shall be considered adopted.

 2. Before approving any amendment under paragraph 1, the Council and  the Assembly shall ensure that it does not prejudice the system of  exploration for and exploitation of the resources of the Area, pending  the Review Conference in accordance with article 155.

 Article 315
 Signature, ratification of, accession to and authentic texts of amendments

 1. Once adopted, amendments to this Convention shall be open for  signature by States Parties for 12 months from the date of adoption,  at United Nations Headquarters in New York, unless otherwise provided  in the amendment itself.

 2. Articles 306, 307 and 320 apply to all amendments to this Convention.

 Article 316
 Entry into force of amendments

 1. Amendments to this Convention, other than those referred to in  paragraph 5, shall enter into force for the States Parties ratifying  or acceding to them on the thirtieth day following the deposit of  instruments of ratification or accession by two thirds of the States  Parties or by 60 States Parties, whichever is greater. Such amendments  shall not affect the enjoyment by other States Parties of their rights  or the performance of their obligations under this Convention.

 2. An amendment may provide that a larger number of ratifications or  accessions shall be required for its entry into force than are  required by this article.

 3. For each State Party ratifying or acceding to an amendment referred  to in paragraph 1 after the deposit of the required number of  instruments of ratification or accession, the amendment shall enter  into force on the thirtieth day following the deposit of its  instrument of ratification or accession.

 4. A State which becomes a Party to this Convention after the entry  into force of an amendment in accordance with paragraph I shall,  failing an expression of a different intention by that State:

 (a) be considered as a Party to this Convention as so amended; and

 (b) be considered as a Party to the unamended Convention in relation to any State Party not bound by the amendment.

 5. Any amendment relating exclusively to activities in the Area and  any amendment to Annex VI shall enter into force for all States  Parties one year following the deposit of instruments of ratification  or accession by three fourths of the States Parties.

 6. A State which becomes a Party to this Convention after the entry  into force of amendments in accordance with paragraph S shall be  considered as a Party to this Convention as so amended

 Article 317
 Denunciation

 1. A State Party may, by written notification addressed to the  Secretary-General of the United Nations, denounce this Convention and  may indicate its reasons. Failure to indicate reasons shall not affect  the validity of the denunciation. The denunciation shall take effect  one year after the date of receipt of the notification, unless the  notification specifies a later date.

 2. A State shall not be discharged by reason of the denunciation from  the 2. Financial and contractual obligations which accrued while it  was a Party to this Convention, nor shall the denunciation affect any  right, obligation or legal situation of that State created through the  execution of this Convention prior to its termination for that State.

 3. The denunciation shall not in any way affect the duty of any State  Party to fulfil any obligation embodied in this Convention to which it  would be subject under international law independently of this  Convention.

 Article 318
 Status of Annexes

 The Annexes form an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention or to one of its Parts includes a reference to the Annexes relating thereto.

 Article 319
 Depositary

 1. The Secretary-General of the United Nations shall be the depositary of this Convention and amendments thereto.

 2. In addition to his functions as depositary, the Secretary-General shall:

 (a) report to all States Parties, the Authority and competent international organizations on issues of a general nature that have arisen with respect to this Convention;

 (b) notify the Authority of ratifications and formal confirmations of and accessions to this Convention and amendments thereto, as well as of denunciations of this Convention;

 (c) notify States Parties of agreements in accordance with article 311, paragraph 4;

 (d) circulate amendments adopted in accordance with this Convention to States Parties for ratification or accession;

 (e) convene necessary meetings of States Parties in accordance with this Convention.

 3. (a) The Secretary-General shall also transmit to the observers referred to in article 156:

 (i) reports referred to in paragraph 2(a);

 (ii) notifications referred to in paragraph 2 (b) and (c); and

 (iii) texts of amendments referred to in paragraph 2(d), for their information.

 (b) The Secretary-General shall also invite those observers to participate as observers at meetings of States Parties referred to in paragraph 2(e) .

 Article 320
 Authentic texts

 The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall, subject to article 305, paragraph 2, be deposited with the Secretary-General of the United Nations.

 IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Convention.

 DONE AT MONTEGO BAY, this tenth day of December, one thousand nine hundred and eighty-two.

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