Principles contained within the
United Nations
Law of the Sea Convention 1982
Extract
one:
Preamble
Desiring
by this Convention to develop the principles embodied in
resolution 2749 (XXV) of 17 December 1970 in which the General Assembly
of the United Nations solemnly declared inter alia that
the area of the seabed
and ocean floor and the subsoil thereof, beyond the limits of national
jurisdiction, as well as its resources, are the common heritage of
mankind, the
exploration and exploitation of which shall be carried out for the benefit
of
mankind as a whole, irrespective of the geographical location of States,
Believing
that the codification and progressive development of the law
of
the sea achieved in this Convention will contribute to the strengthening
of
peace, security, cooperation and friendly relations among all nations in
conformity with the principles of justice and equal rights and will
promote the
economic and social advancement of all peoples of the world, in accordance
with the Purposes and Principles of the United Nations as set forth in the
United Nations Charter,
Affirming
that matters not regulated by this Convention continue to be
governed
by the rules and principles of general international law.
Extract
two:
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 cooperation 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 coordinate 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 cooperation in marine scientific research in the Area
by:
(a) participating in
international programmes and encouraging cooperation 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 cooperate 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 land-locked 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.
Extract
three:
Article
240
General
principles for the conduct of marine scientific research
In
the conduct of marine scientific research the following principles shall
apply:
(a)
marine scientific research shall be conducted exclusively for
peaceful purposes;
(b)
marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c)
marine scientific research shall not unjustifiably interfere with other
legitimate uses of the sea compatible with this Convention and shall
be duly respected in the course of such uses;
(d)
marine scientific research shall be conducted in compliance with all
relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.
The
Law of the Sea Convention also makes several references to the
use of commonly accepted accounting and good business practice principles.
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