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International Agreements Conferring Jurisdiction on the Tribunal

The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. Below is a list of international agreements containing provisions relating to the jurisdiction of the International Tribunal for the Law of the Sea. The list is not necessarily exhaustive.

(A) Multilateral Agreements

  • Approved at Rome on 24 November 1993 by the FAO Conference at its Twenty-seventh Session through Resolution 15/93.
  • ENTRY INTO FORCE: 24 April 2003
  • TEXT: 33 ILM 969 (1994) 
  • http://www.fao.org/3/X3130M/x3130m.pdf 

Article IX

Settlement of Disputes

1.        Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Agreement with a view to reaching a mutually satisfactory solution as soon as possible.

2.        In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

3.        Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea upon entry into force of the 1982 United Nations Convention on the Law of the Sea or to arbitration. In the case of failure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate with a view to reaching a settlement of the dispute in accordance with the rules of international law relating to the conservation of living marine resources.

Article 30

Procedures for the settlement of disputes

1.       The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention.

2.       The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention.

3.       Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part.

4.       A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of disputes under this Part.

5.       Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stocks concerned.

Article 31

Provisional measures

1.       Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature.

2.       Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the circumstances referred to in article 7, paragraph 5, and article 16, paragraph 2.

3.       A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the International Tribunal for the Law of the Sea shall not be entitled to prescribe, modify or revoke provisional measures without the agreement of such State.

Article 32

Limitations on applicability of procedures for the settlement of disputes

Article 297, paragraph 3, of the Convention applies also to this Agreement. 

Article 16

Settlement of disputes

1.       Any disputes regarding the interpretation or application of this Protocol shall be resolved in the first instance through negotiation, mediation or conciliation, or other peaceful means chosen by parties to the dispute.

2.       If no resolution is possible within twelve months after one Contracting Party has notified another that a dispute exists between them, the dispute shall be settled, at the request of a party to the dispute, by means of the Arbitral Procedure set forth in Annex 3, unless the parties to the dispute agree to use one of the procedures listed in paragraph 1 of Article 287 of the 1982 United Nations Convention on the Law of the Sea. The parties to the dispute may so agree, whether or not they are also States Parties to the 1982 United Nations Convention on the Law of the Sea.

3.       In the event an agreement to use one of the procedures listed in paragraph 1 of article 287 of the 1982 United Nations Convention on the Law of the Sea is reached, the provisions set forth in Part XV of that Convention that are related to the chosen procedure would also apply, mutatis mutandis.

4.       The twelve month period referred to in paragraph 2 may be extended for another twelve months by mutual consent of the parties concerned.

5.       Notwithstanding paragraph 2, any State may, at the time it expresses its consent to be bound by this Protocol, notify the Secretary-General that, when it is a party to a dispute about the interpretation or application of article 3.1 or 3.2, its consent will be required before the dispute may be settled by means of the Arbitral Procedure set forth in Annex 3.

  • Signed at Santiago on 14 August 2000 by Chile, Colombia, Ecuador and Peru.
  • NOT YET IN FORCE
  • TEXT: Framework Agreement for the Conservation of the Living Marine Resources on the High Seas of the South-Eastern Pacific (“Galapagos Agreement”) (Original text in Spanish, published in Declaración de Santiago 2000, Comisión Permanente del Pacífico Sur, Quito, Ecuador, 2000); Law of the Sea Bulletin No. 45, DOALOS, United Nations (2001), pp. 70-78
  • https://www.un.org/Depts/los/doalos_publications/LOSBulletins/bulletinpdf/bulletinE45.pdf

Article 14

Dispute settlement

1.       Disagreements among the States Parties as to the interpretation or application of the provisions established in this Agreement, or in its complementary instruments, shall be resolved in the first instance through the dispute-settlement procedures set forth in Article 33 of the Charter of the United Nations, or in other international instruments in force for the States Parties.

2.       If an agreement cannot be reached, disputes must be submitted either to a conciliation commission or to a technical arbitration body, unless both parties have agreed upon a different procedure.

3.       If the voluntary dispute-resolution measures are exhausted, or if agreement is not reached on recourse to other instances, such as the International Court of Justice or the International Tribunal for the Law of the Sea, either of the parties may solicit a binding arbitration procedure.

4.       In no case, subject to the applicable provisions in conformity with international law, shall disputes concerning the exercise of the coastal States’ sovereign rights within their respective national jurisdiction zones be submitted to the procedures set forth in paragraph 3.

Article 31

Procedures for the settlement of disputes 

The provisions relating to the settlement of disputes set out in Part VIII of the Agreement apply, mutatis mutandis, to any dispute between members of the Commission, whether or not they are also Parties to the Agreement.

[According to article 1(b) of the Convention: "'Agreement' means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks"]

Article 24

Dispute Settlement

1.      The Contracting Parties shall cooperate in order to prevent disputes.

2.      If any dispute arises between two or more Contracting Parties concerning the interpretation or implementation of this Convention, those Contracting Parties shall consult among themselves with a view to resolving the dispute, or to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

3.      In cases where a dispute between two or more Contracting Parties is of a technical nature, and the Contracting Parties are unable to resolve the dispute among themselves, they may refer the dispute to an ad hoc expert panel established in accordance with procedures adopted by the Commission at its first meeting. The panel shall confer with the Contracting Parties concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes.

4.      Where a dispute is not referred for settlement within a reasonable time of the consultations referred to in paragraph 2, or where a dispute is not resolved by recourse to other means referred to in this article within a reasonable time, such dispute shall, at the request of any party to the dispute, be submitted for binding decision in accordance with procedures for the settlement of disputes provided in Part XV of the 1982 Convention or, where the dispute concerns one or more straddling stocks, by provisions set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also Parties to these instruments.

5.      A court, tribunal or panel to which any dispute has been submitted under this article shall apply the relevant provisions of this Convention, of the 1982 Convention, of the 1995 Agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law, compatible with the 1982 Convention and the 1995 Agreement, with a view to ensuring the conservation of the fish stocks concerned.

Article 25­­ - Peaceful settlement of disputes

1.       Any dispute between two or more States Parties concerning the interpretation or application of this Convention shall be subject to negotiations in good faith or other peaceful means of settlement of their own choice.

2.       If those negotiations do not settle the dispute within a reasonable period of time, it may be submitted to UNESCO for mediation, by agreement between the States Parties concerned.

3.       If mediation is not undertaken or if there is no settlement by mediation, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea apply mutatis mutandis to any dispute between States Parties to this Convention concerning the interpretation or application of this Convention, whether or not they are also Parties to the United Nations Convention on the Law of the Sea.

4.       Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea pursuant to Article 287 of the latter shall apply to the settlement of disputes under this Article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.

5.       A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.

  • The Convention was adopted on 18 November 1980 and entered into force in 1982. It includes amendments to the Convention that were adopted by the Commission in 2006 and which entered into force for all Contracting Parties on 29 October 2013.
  • Amendments were also adopted in 2004, which have not yet entered into force. Those amendments include a new Article 18bis concerning dispute settlement.
  • https://www.neafc.org/system/files/Annex%20K%20_2_dispute_settlement_july_2003.pdf

Amendment to the Convention on Dispute Settlement

Article 18 bis

The Commission shall make recommendations establishing procedures for the settlement of disputes arising under this Convention.

NEAFC Recommendation Establishing Procedures for the Settlement of Disputes

In accordance with Article 18 bis of the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries, hereinafter referred to as “the Convention”, NEAFC recommends the establishment of the following procedures for the settlement of disputes:

1. Contracting Parties shall co-operate in order to prevent disputes referred to in paragraph 2 and 3.

2. If any dispute arises between two or more Contracting Parties concerning the interpretation or application of the Convention, those Contracting Parties shall expeditiously seek to resolve the dispute by consultation, negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

3. Where a dispute concerns the application of the Convention or the interpretation or application of a recommendation adopted by the Commission, the parties to the dispute may refer the dispute to an ad hoc panel constituted in accordance with rules of procedure adopted by the Commission. The panel shall at the earliest possible opportunity confer with the Contracting Parties concerned and shall endeavour to resolve the dispute expeditiously.

4. Where the parties to a dispute have agreed to refer the dispute to the ad hoc panel procedure, they may agree at the same time to apply provisionally the relevant recommendation adopted by the Commission until the panel finalizes its work or the dispute is resolved by the parties to the dispute, whichever occurs first. Pending the settlement of a dispute in accordance with paragraph 5, the parties to the dispute shall apply provisionally any measure described by the panel. That provisional application shall cease when the parties to the dispute agree on arrangements of equivalent effect, when a judicial body to which the dispute has been referred in accordance with paragraph 5 has taken a provisional or definitive decision or, in any case, at the date of expiration of the recommendation of the Commission at issue.

5. Where a dispute is not resolved by recourse to the means set out in paragraphs 2 and 3, one of the parties to the dispute may refer the dispute to compulsory procedures entailing binding decisions. Such procedures shall be governed mutatis mutandis by the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 UN Convention) or, where the dispute concerns one or more straddling stocks, by the provisions set out in Part VIII of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (1995 Agreement). The relevant parts of the 1982 UN Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also Parties to these instruments.

6. A panel or judicial body to which any dispute has been referred under this Article shall apply, as appropriate, the relevant provisions of the Convention, of the 1982 UN Convention, of the 1995 Agreement, and other rules of international law compatible with the said instruments, as well as recommendations of the Commission which are applicable to the parties of the dispute, with a view to ensuring the conservation and optimum utilisation of the fish stocks concerned.

Article 20 – Interpretation and Settlement of Disputes

1.         Contracting Parties shall use their best endeavours to resolve their disputes by amicable means. At the request of any Contracting Party a dispute may be submitted for binding decision in accordance with the procedures for the settlement of disputes provided in Section II of Part XV of the 1982 Convention or, where the dispute concerns one or more straddling stocks, the procedures set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also parties to either of these instruments.

2.         If a dispute involves a fishing entity which has expressed its commitment to be bound by the terms of this Agreement and cannot be settled by amicable means, the dispute shall, at the request of any party to the dispute, be submitted to final and binding arbitration in accordance with the relevant rules of the Permanent Court of Arbitration.

Article 15

Settlement of disputes

1          Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.

2          If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis, whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.

3          Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.

4          A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.

5          A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.

Article 33: Submissions of matters to the International Tribunal for the Law of the Sea for Advisory Opinion

The Conference of Ministers of the SRFC may authorize the Permanent Secretary of the SRFC to bring a given legal matter before the International Tribunal [for] the Law of the Sea for advisory opinion.

Article 34: Settlement of disputes

1.         Any dispute on the interpretation or implementation of the provisions of the present Convention shall be brought before the Conference of Ministers of the SRFC.

2.         Disputes shall be settled amicably through conciliation, mediation or arbitration.

3.         Any dispute which shall arise amongst Member States on the interpretation or implementation of the provisions of the present Convention, which may not be resolved through the afore-mentioned procedures, shall, on the request of one of the parties, be brought before the International Tribunal for the Law of the Sea.

Article 34

Settlement of Disputes

1    Contracting Parties shall cooperate in order to prevent disputes and shall use their best endeavours to resolve any disputes by amicable means which may include, where a dispute is of a technical nature, referring the dispute to an ad hoc expert panel.

2    In any case where a dispute is not resolved through the means set out in paragraph 1, the provisions relating to the settlement of disputes set out in Part VIII of the 1995 Agreement shall apply, mutatis mutandis, to any dispute between the Contracting Parties.

3    Paragraph 2 shall not affect the status of any Contracting Party in relation to the 1995 Agreement or the 1982 Convention.

Article 22

Peaceful settlement of disputes

1. Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Agreement with a view to reaching a mutually satisfactory solution as soon as possible.

2. In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

3. Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration. In the case of failure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate with a view to reaching settlement of the dispute in accordance with the rules of international law relating to the conservation of living marine resources.

Article XV – Settlement of Disputes

1. Contracting Parties shall co-operate in order to prevent disputes.

2. Where a dispute arises between two or more Contracting Parties concerning the interpretation or application of this Convention, including the explanation referred to in Article XIV, paragraph 5, any actions taken by a Contracting Party following an objection presented pursuant to Article XIV, paragraph 2, or any notification made pursuant of Article XIV, paragraph 4, those Contracting Parties, hereinafter referred to as “Contracting Parties to the dispute”, shall seek to resolve their dispute by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, ad hoc panel proceedings or other peaceful means of their choice.

3. Where a dispute concerns the interpretation or application of a measure adopted by the Commission pursuant to Article VI, paragraph 8 and 9, or matters related thereto, including the explanation referred to in Article XIV, paragraph 5, any actions taken by a Contracting Party to the dispute following an objection presented pursuant to Article XIV, paragraph 2, or notification made pursuant to Article XIV, paragraph 4, the Contracting Parties to the dispute may submit the dispute to non binding ad hoc panel proceedings pursuant to Annex II.

4. Where a dispute has been submitted to ad hoc panel proceedings, the ad hoc panel shall at the earliest opportunity confer with the Contracting Parties to the dispute with a view to resolving the dispute expeditiously. The ad hoc panel shall present a report to the Contracting Parties to the dispute and through the Executive Secretary to the other Contracting Parties. The report shall include any recommendations that the ad hoc panel considers appropriate to resolve the dispute.

5. Where the Contracting Parties to the dispute accept the recommendations of the ad hoc panel, they shall within fourteen days of receipt of the report of the ad hoc panel notify all other Contracting Parties, through the Executive Secretary, of the actions they intend to take with a view to implementing the recommendations. Thereupon, the recommendations of the ad hoc panel may be referred for consideration by the Commission in accordance with its appropriate procedures.

6. Where no settlement has been reached following the recommendations of the ad hoc panel, any of the Contracting Parties to the dispute may submit the dispute to compulsory proceedings entailing binding decisions pursuant to Section 2 of Part XV of the 1982 Convention or Part VIII of the 1995 Agreement.

7. Where the Contracting Parties to a dispute have agreed to submit the dispute to ad hoc panel proceedings, they may at the same time agree to apply provisionally the relevant measure adopted by the Commission until the report of the ad hoc panel is presented unless they have settled the dispute by other means.

8. Where the Contracting Parties to a dispute are unable to agree on any peaceful means referred to in paragraph 2 to resolve their dispute or are unable to otherwise reach a settlement, the dispute shall at the request of one of them, be submitted to compulsory proceedings entailing a binding decision pursuant to Part XV, Section 2, of the 1982 Convention or Part VIII of the 1995 Agreement.

9. Where recourse is made to compulsory proceedings entailing binding decisions, the Contracting Parties to the dispute shall, unless they agree otherwise, provisionally apply any recommendation made by the ad hoc panel pursuant to paragraph 4 or, where applicable, pursuant to Article XIV, paragraph 10. They shall continue to apply such provisional measures or any arrangements of equivalent effect agreed between them until a court or tribunal having jurisdiction over the dispute prescribes provisional measures or renders a decision, or, until the expiration of the measure in question.

10. The notification provisions of paragraph 5 shall apply mutatis mutandis with respect to provisional measures applied pursuant to paragraph 7 or prescribed pursuant to paragraph 9 or to any decision of a court or tribunal to which the dispute has been submitted.

11. A court, tribunal or ad hoc panel to which a dispute has been submitted pursuant to this Article shall apply the relevant provisions of this Convention, the 1982 Convention, the 1995 Agreement, generally accepted standards for the conservation and management of living resources and other rules of international law not incompatible with this Convention with a view to attaining the objective of this Convention.

12. Nothing in this Convention shall be argued or construed to prevent a Contracting Party to a dispute, as State Party to the 1982 Convention, from submitting the dispute to compulsory procedures entailing binding decisions against another State Party pursuant to Section 2 of Part XV of the 1982 Convention, or as State Party to the 1995 Agreement from submitting the dispute to compulsory procedures entailing binding decisions against another State Party pursuant to Article 30 of the 1995 Agreement.

Article 19

Settlement of Disputes

The provisions relating to the settlement of disputes set out in Part VIII of the 1995 Agreement apply, mutatis mutandis, to any dispute between Contracting Parties, whether or not they are also Parties to the 1995 Agreement.

Article 7

Dispute Settlement

The provisions relating to the settlement of disputes set forth in Part VIII of the 1995 Agreement apply, mutatis mutandis, to any dispute between Parties relating to the interpretation or application of this Agreement, whether or not they are also Parties to the 1995 Agreement.

 

Article 2

Activities and authority of the Commission

(2)  Having regard to the fundamental importance of oceans as sinks and reservoirs of greenhouse gases and the direct relevance of the marine environment to the adverse effects of climate change on Small Island States, the Commission shall be authorized to request advisory opinions from the International Tribunal for the Law of the Sea (“ITLOS”) on any legal question within the scope of the 1982 United Nations Convention on the Law of the Sea, consistent with Article 21 of the ITLOS Statute and Article 138 of its Rules.

  • Adopted on 19 June 2023 by the Intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Opened for signature on 20 September 2023.
  • NOT YET IN FORCE
  • TEXT: United Nations Treaty Collection Chapter XXI.10
  • https://treaties.un.org/doc/Treaties/2023/06/20230620%2004-28%20PM/Ch_XXI_10.pdf

Article 60 

Procedures for the settlement of disputes 

1. Disputes concerning the interpretation or application of this Agreement shall be settled in accordance with the provisions for the settlement of disputes provided for in Part XV of the Convention. 

2. The provisions of Part XV of and Annexes V, VI, VII and VIII to the Convention shall be deemed to be replicated for the purpose of the settlement of disputes involving a Party to this Agreement that is not a Party to the Convention. 

3. Any procedure accepted by a Party to this Agreement that is also a Party to the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 of the Convention for the settlement of disputes under this Part. 

4. Any declaration made by a Party to this Agreement that is also a Party to the Convention pursuant to article 298 of the Convention shall apply to the settlement of disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, has made a different declaration pursuant to article 298 of the Convention for the settlement of disputes under this Part. 

5. Pursuant to paragraph 2 above, a Party to this Agreement that is not a Party to the Convention, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, submitted to the depositary, one or more of the following means for the settlement of disputes concerning the interpretation or application of this Agreement: 
(a) The International Tribunal for the Law of the Sea; 
(b) The International Court of Justice; 
(c) An Annex VII arbitral tribunal; 
(d) An Annex VIII special arbitral tribunal for one or more of the categories of disputes specified in said Annex. 

6. A Party to this Agreement that is not a Party to the Convention that has not issued a declaration shall be deemed to have accepted the option in paragraph 5 (c) above. If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted only to that procedure, unless the parties otherwise agree. If the parties to a dispute have not accepted the same procedure for the settlement of the dispute, it may be submitted only to arbitration under Annex VII to the Convention, unless the parties otherwise agree. Article 287, paragraphs 6 to 8, of the Convention shall apply to declarations made under paragraph 5 above. 

7. A Party to this Agreement that is not a Party to the Convention may, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, without prejudice to the obligations arising under this Part, declare in writing that it does not accept any or more of the procedures provided for in Part XV, section 2, of the Convention with respect to one or more of the categories of disputes set out in article 298 of the Convention for the settlement of disputes under this Part. Article 298 of the Convention shall apply to such a declaration. 

8. The provisions of this article shall be without prejudice to the procedures on the settlement of disputes to which Parties have agreed as participants in a relevant legal instrument or framework, or as members of a relevant global, regional, subregional or sectoral body concerning the interpretation or application of such instruments and frameworks. 

9. Nothing in this Agreement shall be interpreted as conferring jurisdiction upon a court or tribunal over any dispute that concerns or necessarily involves the concurrent consideration of the legal status of an area as within national jurisdiction, nor over any dispute concerning sovereignty or other rights over continental or insular land territory or a claim thereto of a Party to this Agreement, provided that nothing in this paragraph shall be interpreted as limiting the jurisdiction of a court or tribunal under Part XV, section 2, of the Convention. 

10. For the avoidance of doubt, nothing in this Agreement shall be relied upon as a basis for asserting or denying any claims to sovereignty, sovereign rights or jurisdiction over land or maritime areas, including in respect to any disputes relating thereto.

(B) Bilateral Agreements

Article 6

Any dispute regarding the interpretation or application of this Treaty shall be settled by negotiation.

   If, within a reasonable period of time, these negotiations fail to produce a settlement, the two Parties may have recourse to any other mutually agreed means of peaceful settlement, without prejudice to article 287 of the United Nations Convention on the Law of the Sea of 1982.

Article 5

Any dispute concerning the interpretation or application of this Agreement, which it has not been possible to settle within the framework of the co-operation provided for in paragraph 4, or through diplomatic channels, shall be settled on the basis of the procedure provided in Part XV (Settlement of disputes) of the UNCLOS.

Article 7

1.         Any dispute regarding the interpretation or application of this Treaty shall be settled by negotiation.

2.         If, within a reasonable period of time and in conformity with the preceding paragraph, these negotiations fail to produce a settlement, the two Parties may have recourse to any other mutually agreed means of peaceful settlement, without prejudice to article 287 of the United Nations Convention on the Law of the Sea of 1982.

Exclusive Economic Zone Co-Operation Treaty between the State of Barbados and the Republic of Guyana concerning the Exercise of Jurisdiction in their Exclusive Economic Zones in the Area of Bilateral Overlap within Each of their Outer Limits and beyond the outer Limits of the Exclusive Economic Zones of Other States

Article 10

Dispute Resolution

1.         Any dispute concerning the interpretation or application of the provisions of this Treaty shall be resolved by direct diplomatic negotiations between the two Parties.

2.         If no agreement can be reached within a reasonable period of time, either Party may have recourse to the dispute resolution provisions contemplated under the [United Nations] Convention [on the Law of the Sea].

3.         Any decision or interim order of any court or tribunal constituted pursuant to Article 10 (2) shall be final and binding on the Parties. The Parties shall carry out in good faith all such orders and decisions.

Article 5

Dispute Resolution

Any dispute concerning the interpretation or application of this agreement shall be resolved by mediation, negotiations or other peaceful means agreed by the Parties in accordance with provisions of the United Nations Convention on the Law of the Sea (UNCLOS).

Agreement between the Government of the State of Kuwait and [the] Government of the Republic of Iraq on the regulation of maritime navigation in Khor Abdullah

Article 14

Any dispute arising between the Parties regarding the interpretation or application of this Agreement shall be settled amicably between them by consultation. If they are unable to reach agreement, the dispute shall be referred to the International Tribunal for the Law of the Sea.

Agreement between the Government of Barbados and the Government of Saint Vincent and the Grenadines on the Delimitation of the Maritime Boundary between Barbados and Saint Vincent and the Grenadines

  • Signed on 31 August 2015 in Bridgetown.
  • ENTRY INTO FORCE: 
  • TEXT: International Maritime Boundaries, Coalter G. Lathrop (ed.), Brill/Nijhoff, 2020, pp. 5540-5543

Article 5

Any dispute between the Parties in relation to the interpretation or the application of this Agreement shall be settled by peaceful means in accordance with international law, including recourse to the dispute settlement provisions of Part XV of the United Nations Convention on the Law of the Sea.

Agreement between the Government of Saint Lucia and the Government of Saint Vincent and the Grenadines on the Delimitation of the Maritime Boundary between Saint Lucia amd Saint Vincent and the Grenadines

Article 5

Any dispute between the Parties in relation to the interpretation or the application of this Agreement shall be settled by peaceful means in accordance with international law, including recourse to the dispute settlement provisions of Part XV of the United Nations Convention on the Law of the Sea.

Agreement between the Government of Barbados and the Government of Saint Lucia on the Delimitation of the Maritime Boundary between Barbados and Saint Lucia

Article 5

Any dispute between the Parties in relation to the interpretation or the application of this Agreement shall be settled by peaceful means in accordance with international law, including recourse to the dispute settlement provisions of Part XV of the United Nations Convention on the Law of the Sea.

 

Agreement between the Italian Republic and the Republic of Croatia on the Delimitation of the Exclusive Economic Zones

Article 3:

1. The Parties commit themselves to settle, through direct consultations or negotiations, any dispute which may arise concerning the interpretation or application of this Agreement.

2. If such a dispute is not settled within four (4) months from the date on which one of the Parties gave notice of its intention to initiate the procedure provided for in the previous paragraph, either Party may submit the dispute to the International Tribunal for the Law of the Sea, to the International Court of Justice or to an Arbitral Tribunal constituted in accordance with Annex VII of the United Nations Convention on the Law of the Sea.

3. For the identification of the court or tribunal to which a dispute may be submitted according to the previous paragraph, Article 287 of the United Nations Convention on the Law of the Sea and the Declarations made under the same article by the Parties shall apply mutatis mutandis.

Agreement between the Kingdom of the Netherlands and the Federation of Saint Christopher and Nevis concerning maritime delimitation

Article 5

1. Any dispute concerning the interpretation or application of this Agreement shall be settled peacefully by consultation and negotiation, in accordance with international law.

2. In the event that no agreement can be reached within a reasonable period of time, either Party may have recourse to the dispute settlement provisions provided by Part XV of the United Nations Convention on the Law of the Sea.