Convention on the Conservation of Antarctic
Marine and Living Resources
[Note. The text of the Convention does not carry headings to
its preamble and articles. Headings in square brackets have been
inserted for ease of reference.]
The Contracting Parties,
Recognizing the importance of safeguarding the environment and
protecting the integrity of the ecosystem of the seas surrounding
Antarctica;
Noting the concentration of marine living resources found in
Antarctic waters and the increased interest in the possibilities
offered by the utilization of these resources as a source of protein;
Conscious of the urgency of ensuring the conservation of
Antarctic marine living resources;
Considering that it is essential to increase knowledge of the
Antarctic marine ecosystem and its components so as to be able to base
decisions on harvesting on sound scientific information;
Believing that the conservation of Antarctic marine living
resources calls for international co-operation with due regard for the
provisions of the Antarctic Treaty and with the active involvement of
all States engaged in research or harvesting activities in Antarctic
waters;
Recognizing the prime reponsibilities of the Antarctic Treaty
Consultative Parties for the protection and preservation of the
Antarctic environment and, in particular, their responsibilities under
Article IX, paragraph 1(f) of the Antarctic Treaty in respect of the
preservation and conservation of living resources in Antarctica;
Recalling the action already taken by the Antarctic Treaty
Consultative Parties including in particular the Agreed Measures for
the Conservation of Antarctic Fauna and Flora, as well as the
provisions of the Convention for the Conservation of Antarctic Seals;
Bearing in mind the concern regarding the conservation of
Antarctic marine living resources expressed by the Consultative
Parties at the Ninth Consultative Meeting of the Antarctic Treaty and
the importance of the provisions of Recommendation IX-2 which led to
the establishment of the present Convention;
Believing that it is in the interest of all mankind to preserve
the waters surrounding the Antarctic continent for peaceful purposes
only and to prevent their becoming the scene or object of
international discord;
Recognizing in the light of the foregoing, that it is desirable
to establish suitable machinery for recommending, promoting, deciding
upon and coordinating the measures and scientific studies needed to
ensure the conservation of Antarctic marine living organisms;
Have agreed as follows:
1. This Convention applies to the Antarctic marine living resources
of the area south of 60deg. South latitude and to the Antarctic marine
living resources of the area between that latitude and the Antarctic
Convergence which form part of the Antarctic marine ecosystem.
2. Antarctic marine living resources means the populations of fin
fish, molluscs, crustaceans and all other species of living organisms,
including birds, found south of the Antarctic Convergence.
3. The Antarctic marine ecosystem means the complex of relationships
of Antarctic marine living resources with each other and with their
physical environment.
4. The Antarctic Convergence shall be deemed to be a line joining the
following points along parallels of latitude and meridians of
longitude:
50deg.S 0deg.; 50deg.S, 30deg.E; 45deg.S, 30deg.E; 45deg.S, 80deg.E;
55deg.S, 80deg.E;55deg.S, 150deg.E; 60deg.S, 150deg.E; 60deg.S,
50deg.W; 50deg.S, 50deg.W; 50deg.S, 0deg..
1. The objective of this Convention is the conservation of Antarctic
marine living resources.
2. For the purpose of this Convention, the term `conservation'
includes rational use.
3. Any harvesting and associated activities in the area to which this
Convention applies shall be conducted in accordance with the
provisions of this Convention and with the following principles of
conservation:
a. prevention of decrease in the size of any harvested population
to levels below those which ensure its stable recruitment. For this
purpose its size should not be allowed to fall below a level close to
that which ensures the greatest net annual increment;
b. maintenance of the ecological relationships between harvested,
dependent and related populations of Antarctic marine living resources
and the restoration of depleted populations to the levels defined in
sub-paragraph (a) above; and
c. prevention of changes or minimization of the risk of changes
in the marine ecosystem which are not potentially reversible over two
or three decades, taking into account the state of available knowledge
of the direct and indirect impact of harvesting, the effect of the
introduction of alien species, the effects of associated activities on
the marine ecosystem and of the effects of environmental changes, with
the aim of making possible the sustained conservation of Antarctic
marine living resources.
The Contracting Parties, whether or not they are Parties to the
Antarctic Treaty, agree that they will not engage in any activities in
the Antarctic Treaty area contrary to the principles and purposes of
that Treaty and that, in their relations with each other, they are
bound by the obligations contained in Articles I and V of the
Antarctic Treaty.
1. With respect to the Antarctic Treaty area, all Contracting
Parties, whether or not they are Parties to the Antarctic Treaty, are
bound by Articles IV and VI of the Antarctic Treaty in their relations
with each other.
2. Nothing in this Convention and no acts or activities taking place
while the present Convention is in force shall:
a. constitute a basis for asserting, supporting or denying a
claim to territorial sovereignty in the Antarctic Treaty area or
create any rights of sovereignty in the Antarctic Treaty area;
b. be interpreted as a renunciation or diminution by any
Contracting Party of, or as prejudicing, any right or claim or basis
of claim to exercise coastal state jurisdiction under international
law within the area to which this Convention applies;
c. be interpreted as prejudicing the position of any Contracting
Party as regards its recognition or non-recognition of any such right,
claim or basis of claim;
d. affect the provision of Article IV, paragraph 2, of the
Antarctic Treaty that no new claim, or enlargement of an existing
claim, to territorial sovereignty in Antarctica shall be asserted
while the Antarctic Treaty is in force.
1. The Contracting Parties which are not Parties to the Antarctic
Treaty acknowledge the special obligations and responsibilities of the
Antarctic Treaty Consultative Parties for the protection and
preservation of the environment of the Antarctic Treaty area.
2. The Contracting Parties which are not Parties to the Antarctic
Treaty agree that, in their activities in the Antarctic Treaty area,
they will observe as and when appropriate the Agreed Measures for the
Conservation of Antarctic Fauna and Flora and such other measures as
have been recommended by the Antarctic Treaty Consultative Parties in
fulfilment of their responsibility for the protection of the Antarctic
environment from all forms of harmful human interference.
3. For the purposes of this Convention, `Antarctic Treaty Consultative
Parties' means the Contracting Parties to the Antarctic Treaty whose
Representatives participate in meetings under Article IX of the
Antarctic Treaty.
Nothing in this Convention shall derogate from the rights and
obligations of Contracting Parties under the International Convention
for the Regulation of Whaling and the Convention for the Conservation
of Antarctic Seals.
1. The Contracting Parties hereby establish and agree to maintain the
Commission for the Conservation of Antarctic Marine Living Resources
(hereinafter referred to as `the Commission').
2. Membership in the Commission shall be as follows:
a. each Contracting Party which participated in the meeting at
which this Convention was adopted shall be a Member of the Commission;
b. each State Party which has acceded to this Convention pursuant
to Article XXIX shall be entitled to be a Member of the Commission
during such time as that acceding party is engaged in research or
harvesting activities in relation to the marine living resources to
which this Convention applies;
c. each regional economic integration organization which has
acceded to this Convention pursuant to Article XXIX shall be entitled
to be a Member of the Commission during such time as its States
members are so entitled;
d. Contracting Party seeking to participate in the work of the
Commission pursuant to sub-paragraphs (b) and (c) above shall notify
the Depositary of the basis upon which it seeks to become a Member of
the Commission and of its willingness to accept conservation measures
in force. The Depositary shall communicate to each member of the
Commission such notification and accompanying information. Within two
months of receipt of such communication from the Depositary, any
Member of the Commission may request that a special meeting of the
Commission be held to consider the matter. Upon receipt of such
request, the Depositary shall call such a meeting. If there is not
request for a meeting, the Contracting Party submitting the
notification shall be deemed to have satisfied the requirements for
Commission Membership.
3. Each Member of the Commission shall be represented by one
representative who may be accompanied by alternate representatives and
advisers.
The Commission shall have legal personality and shall enjoy in the
territory of each of the States Parties such legal capacity as may be
necessary to perform its function and achieve the purposes of this
Convention. The privileges and immunities to be enjoyed by the
Commission and its staff in the territory of a State Party shall be
determined by agreement between the Commission and the State Party
concerned.
1. The function of the Commission shall be to give effect to the
objective and principles set out in Article II of this Convention. To
this end, it shall:
a. facilitate research into and comprehensive studies of Antarctic
marine living resources and of the Antarctic marine ecosystem;
b. compile data on the status of and changes in population of
Antarctic marine living resources and on factors affecting the
distribution, abundance and productivity of harvested species and
dependent or related species or populations;
c. ensure the acquisition of catch and effort statistics on
harvested populations;
d. analyse, disseminate and publish the information referred to
in sub-paragraphs (b) and (c) above and the reports of the Scientific
Committee;
e. identify conservation needs and analyse the effectiveness of
conservation measures;
f. formulate, adopt and revise conservation measures on the basis
of the best scientific evidence available, subject to the provisions
of paragraph 5 of this Article;
g. implement the system of observation and inspection established
under Article XXIV of this Convention;
h. carry out such other activities as are necessary to fulfil the
objective of this Convention.
2. The conservation measures referred to in paragraph 1(f) above
include the following:
a. the designation of the quantity of any species which may be
harvested in the area to which this Convention applies;
b. the designation of regions and sub-regions based on the
distribution of populations of Antarctic marine living resources;
c. the designation of the quantity which may be harvested from
the populations of regions and sub-regions;
d. the designation of protected species;
e. the designation of the size, age and, as appropriate, sex of
species which may be harvested;
f. the designation of open and closed season for harvesting;
g. the designation of the opening and closing of areas, regions
or sub-regions for purposes of scientific study or conservation,
including special areas for protection and scientific study;
h. regulation of the effort employed and methods of harvesting,
including fishing gear, with a view, inter alia, to avoiding undue
concentration of harvesting in any region or sub-region;
i. the taking of such other conservation measures as the
Commission considers necessary for the fulfilment of the objective of
this Convention, including measures concerning the effects of
harvesting and associated activities on components of the marine
ecosystem other than the harvested populations.
3. The Commission shall publish and maintain a record of all
conservation measures in force.
4. In exercising its functions under paragraph 1 above, the
Commission shall take full account of the recommendations and advice
of the Scientific Committee.
5. The Commission shall take full account of the any relevant
measures or regulations established or recommended by the Consultative
Meetings pursuant to Article IX of the Antarctic Treaty or by existing
fisheries commissions responsible for species which may enter the area
to which this Convention applies, in order that there shall be no
inconsistency between the rights and obligations of a Contracting
Party under such regulations or measures and conservation measures
which may be adopted by the Commission.
6. Conservation measures adopted by the Commission in accordance with
this Convention shall be implemented by Members of the Commission in
the following manner;
a. the Commission shall notify conservation measures to all Members of
the Commission;
b. conservation measures shall become binding upon all Members of
the Commission 180 days after such notification, except as provided in
sub-paragraphs (c) and (d) below;
c. if a Member of the Commission, within ninety days following
the notification specified in measure, in whole or in part, the
measure shall not, to the extent stated, be binding upon that member
of the Commission;
d. in the event that any Member of the Commission invokes the
procedure set forth in sub-paragraph (c) above, the Commission shall
meet at the request of any Member of the Commission to review the
conservation measure. At the time of such meeting and within thirty
days following the meeting, any Member of the Commission shall have
the right to declare that it is no longer able to accept the
conservation measure, in which case the Member shall no longer be
bound by such measure.
1. The Commission shall draw the attention of any State which is not
a Party to this Convention to any activity undertaken by its nationals
or vessels which, in the opinion of the Commission, affects the
implementation of the objective of this Convention.
2. The Commission shall draw the attention of all Contracting Parties
to any activity which, in the opinion of the Commission, affects the
implementation by a Contracting Party of the objective of this
Convention or the compliance by that Contracting Party with its
obligations under this Convention.
The Commission shall seek to co-operate with Contracting Parties which
may exercise jurisdiction in marine areas adjacent to the area to
which this Convention applies in respect of the conservation of any
stock or stocks of associated species which occur both within those
areas and the area to which this Convention applies, with a view to
harmonising the conservation measures adopted in respect of such
stocks.
1. Decisions of the Commission on matters of substance shall be taken
by consensus. The question of whether a matter is one of substance
shall be treated as a matter of substance.
2. Decisions on matters other than those referred to in paragraph 1
above shall be taken by a simple majority of the Members of the
Commission present and voting.
3. In Commission consideration of any item requiring a decision, it
shall be made clear whether a regional economic integration
organization will participate in the taking of the decision and, if
so, whether any of its member States will also participate. The number
of Contracting Parties so participating shall not exceed the number of
member States of the regional economic integration organization which
are Members of the Commission.
4. In the taking of decisions pursuant to this Article, a regional
economic integration organization shall have only one vote.
1. The Headquarters of the Commission shall be established at Hobart,
Tasmania, Australia.
2. The Commission shall hold a regular annual meeting. Other meetings
shall also be held at the request of one-third of its members and as
otherwise provided in this Convention. The first meeting of the
Commission shall be held within three months of the entry into force
of this Convention, provided that among the Contracting Parties there
are at least two States conducting harvesting activities within the
area to which this Convention applies. The first meeting shall, in any
event, be held within one year of the entry into force of this
Convention. The Depositary shall consult with the signatory States
regarding the first Commission meeting, taking into account that a
broad representation of such States is necessary for the effective
operation of the Commission.
3. The Depositary shall convene the first meeting of the Commission at
the headquarters of the Commission. Thereafter, meetings of the
Commission shall be held at its headquarters, unless it decides
otherwise.
4. The Commission shall elect from among its members a Chairman and
Vice-Chairman, each of whom shall serve for a term of two years and
shall be eligible for re-election for one additional term. The first
Chairman shall, however, be elected for an initial term of three
years. The Chairman and Vice-Chairman shall not be representatives of
the same Contracting Party.
5. The Commission shall adopt and amend as necessary the rules of
procedure for the conduct of its meetings, except with respect to the
matters dealt with in Article XII of this Convention.
6. The Commission may establish such subsidiary bodies as are
necessary for the performance of its functions.
1. The Contracting Parties hereby establish the Scientific Committee
for the Conservation of Antarctic Marine Living Resources (hereinafter
referred to as `the Scientific Committee') which shall be a
consultative body to the Commission. The Scientific Committee shall
normally meet at the headquarters of the Commission unless the
Scientific Committee decides otherwise.
2. Each Member of the Commission shall be a member of the Scientific
Committee and shall appoint a representative with suitable scientific
qualifications who may be accompanied by other experts and advisers.
3. The Scientific Committee may seek the advice of other scientists
and experts as may be required on an ad hoc basis.
1. The Scientific Committee shall provide a forum for consultation and
co-operation concerning the collection, study and exchange of
information with respect to the marine living resources to which this
Convention applies. It shall encourage and promote co-operation in the
field of scientific research in order to extend knowledge of the
marine living resources of the Antarctic marine ecosystem.
2. The Scientific Committee shall conduct such activities as the
Commission may direct in pursuance of the objective of this Convention
and shall:
a. establish criteria and methods to be used for determinations
concerning the conservation measures referred to in Article IX of this
Convention;
b. regularly assess the status and trends of the populations of
Antarctic marine living resources;
c. analyse data concerning the direct and indirect effects of
harvesting on the populations of Antarctic marine living resources;
d. assess the effects of proposed changes in the methods or
levels of harvesting and proposed conservation measures;
e. transmit assessments, analyses, reports and recommendations to
the Commission as requested or on its own initiative regarding
measures and research to implement the objective of this Convention;
f. formulate proposals for the conduct of international and
national programs of research into Antarctic marine living resources.
3. In carrying out its functions, the Scientific Committee shall have
regard to the work of other relevant technical and scientific
organizations and to the scientific activities conducted within the
framework of the Antarctic Treaty.
1. The first meeting of the Scientific Committee shall be held within
three months of the first meeting of the Commission. The Scientific
Committee shall meet thereafter as often as may be necessary to fulfil
its functions.
2. The Scientific Committee shall adopt and amend as necessary its
rules of procedure. The rules and any amendments thereto shall be
approved by the Commission. The rules shall include procedures for the
presentation of minority reports.
3. The Scientific Committee may establish, with the approval of the
Commission, such subsidiary bodies as are necessary for the
performance of its functions.
1. The Commission shall appoint an Executive Secretary to serve the
Commission and Scientific Committee according to such procedures and
on such terms and conditions as the Commission may determine. His term
of office shall be for four years and he shall be eligible for
re-appointment.
2. The Commission shall authorize such staff establishment for the
Secretariat as may be necessary and the Executive Secretary shall
appoint, direct and supervise such staff according to such rules and
procedures and on such terms and conditions as the Commission may
determine.
3, The Executive Secretary and Secretariat shall perform the functions
entrusted to them by the Commission.
The official languages of the Commission and of the Scientific
Committee shall be English, French, Russian and Spanish.
1. At each annual meeting, the Commission shall adopt by consensus its
budget and the budget of the Scientific Committee.
2. A draft budget for the Commission and the Scientific Committee and
any subsidiary bodies shall be prepared by the Executive Secretary and
submitted to the Members of the Commission at least sixty days before
the annual meeting of the Commission.
3. Each Member of the Commission shall contribute to the budget.
Until the expiration of five years after the entry into force of this
Convention, the contribution of each Member of the Commission shall be
equal. Thereafter the contribution shall be determined in accordance
with two criteria: the amount harvested and an equal sharing among all
Members of the Commission. The Commission shall determine by consensus
the proportion in which these two criteria shall apply.
4. The financial activities of the Commission and Scientific Committee
shall be conducted in accordance with financial regulations adopted by
the Commission and shall be subject to an annual audit by external
auditors selected by the Commission.
5. Each Member of the Commission shall meet its own expenses arising
from attendance at meetings of the Commission and of the Scientific
Committee.
6. A Member of the Commission that fails to pay its contributions for
two consecutive years shall not, during the period of its default,
have the right to participate in the taking of decisions in the
Commission.
1. The Members of the Commission shall, to the greatest extent
possible, provide annually to the Commission and to the Scientific
Committee such statistical, biological and other data and information
as the Commission and Scientific Committee may require in the exercise
of their functions.
2. The Members of the Commission shall provide, in the manner and at
such intervals as may be prescribed, information about their
harvesting activities, including fishing areas and vessels, so as to
enable reliable catch and effort statistics to be compiled.
3. The Members of the Commission shall provide to the Commission at
such intervals as may be prescribed information on steps taken to
implement the conservation measures adopted by the Commission..
4. The Members of the Commission agree that in any of their harvesting
activities, advantage shall be taken of opportunities to collect data
needed to assess the impact of harvesting.
1. Each Contracting Party shall take appropriate measures within its
competence to ensure compliance with the provisions of this Convention
and with conservation measures adopted by the Commission to which the
Party is bound in accordance with Article IX of this Convention.
2. Each Contracting Party shall transmit to the Commission information
on measures taken pursuant to paragraph 1 above, including the
imposition of sanctions for any violation.
1. Each Contracting Party undertakes to exert appropriate efforts,
consistent with the Charter of the United Nations, t the end that no
one engages in any activity contrary to the objective of this
Convention.
2. Each Contracting Party shall notify the Commission of any such
activity which comes to its attention.
1. The Commission and the Scientific Committee shall co-operate with
the Antarctic Treaty Consultative Parties on matters falling within
the competence of the latter.
2. The Commission and the Scientific Committee shall co-operate, as
appropriate, with the Food and Agriculture Organisation of the United
Nations and with other Specialised Agencies.
3. The Commission and the Scientific Committee shall seek to develop
co-operative working relationships, as appropriate, with
inter-governmental and non-governmental organizations which could
contribute to their work, including the Scientific Committee on
Antarctic Research, the Scientific Committee on Oceanic Research and
the International Whaling Commission.
4. The Commission may enter into agreements with the organizations
referred to in this Article and with other organizations as may be
appropriate. The Commission and the Scientific Committee may invite
such organizations to send observers to their meetings and to meetings
of their subsidiary bodies.
1. In order to promote the objective and ensure observance of the
provisions of this Convention, the Contracting Parties agree that a
system of observation and inspection shall be established.
2. The system of observation and inspection shall be elaborated by the
Commission on the basis of the following principles:
a. Contracting Parties shall co-operate with each other to ensure
the effective implementation of the system of observation and
inspection, taking account of the existing international practice.
This system shall include, inter alia, procedures for boarding and
inspection by observers and inspectors designated by the Members of
the Commission and procedures for flag state prosecution and sanctions
on the basis of evidence resulting from such boarding and inspections.
A report of such prosecutions and sanctions imposed shall be included
in the information referred to in Article XXI of this Convention;
b. in order to verify compliance with measures adopted under this
Convention, observation and inspection shall be carried out on board
vessels engaged in scientific research or harvesting of marine living
resources in the area to which this Convention applies, through
observers and inspectors designated by the Members of the Commission
and operating under terms and conditions to be established by the
Commission.
c. designated observers and inspectors shall remain subject to
the jurisdiction of the Contracting Party of which they are nationals.
They shall report to the Member of the Commission by which they have
been designated which in turn shall report to the Commission.
3. Pending the establishment of the system of observation and
inspection, the Members of the Commission shall seek to establish
interim arrangements to designate observers and inspectors and such
designated observers and inspectors shall be entitled to carry out
inspections in accordance with the principles set out in paragraph 2
above.
1. If any dispute arises between two or more of the Contracting
Parties concerning the interpretation or application of this
Convention, those Contracting Parties shall consult among themselves
with a view to having the dispute resolved by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement or other
peaceful means of their own choice.
2. Any dispute of this character not so resolved shall, with the
consent in each case of all Parties to the dispute, be referred for
settlement to the International Court of Justice or to arbitration;
but failure to reach agreement on reference to the International Court
or to arbitration shall not absolve Parties to the dispute from the
responsibility of continuing to seek to resolve it by any of the
various peaceful means referred to in paragraph 1 above.
3. In cases where the dispute is referred to arbitration, the arbitral
tribunal shall be constituted as provided in the Annex to this
Convention.
1. This Convention shall be open for signature at Canberra from 1
August to 31 December 1980 by the States participating in the
Conference on the Conservation of Antarctic Marine Living Resources
held at Canberra from 7 to 20 May 1980.
2. The States which so sign will be the original signatory States of
the Convention.
1. This Convention is subject to ratification, acceptance or approval
by signatory States.
2. Instruments of ratification, acceptance or approval shall be
deposited with the Government of Australia, hereby designated as the
Depositary.
1. This Convention shall enter into force on the thirtieth day
following the date of deposit of the eighth instrument of
ratification, acceptance or approval by States referred to in
paragraph 1 of Article XXVI of this Convention.
2. With respect to each State or regional economic integration
organization which subsequent to the date of entry into force of this
Convention deposits an instrument of ratification, acceptance,
approval or accession, the Convention shall enter into force on the
thirtieth day following such deposit.
1. This Convention shall be open for accession by any State interested
in research or harvesting activities in relation to the marine living
resources to which this Convention applies.
2. This Convention shall be open for accession by regional economic
integration organizations constituted by sovereign States which
include among their members one or more States Members of the
Commission and to which the States members of the organization have
transferred, in whole or in part, competences with regard to the
matters covered by this Convention. The accession of such regional
economic integration organizations shall be the subject of
consultations among Members of the Commission.
1. This Convention may be amended at any time.
2. If one-third of the Members of the Commission request a meeting to
discuss a proposed amendment the Depositary shall call such a meeting.
3. An amendment shall enter into force when the Depositary has
received instruments of ratification, acceptance or approval thereof
from all the Members of the Commission.
4. Such amendment shall thereafter enter into force as to any other
Contracting Party when notice of ratification, acceptance or approval
has been received by the Depositary. Any such Contracting Party from
which no such notice has been received within a period of one year
from the date of entry into force of the amendment in accordance with
paragraph 3 above shall be deemed to have withdrawn from this
Convention.
1. Any Contracting Party may withdraw from this Convention on 30 June
of any year, by giving written notice not later than 1 January of the
same year to the Depositary, which, upon receipt of such a notice,
shall communicate it forthwith to the other Contracting Parties.
2. Any other Contracting Party may, within sixty days of the receipt
of a copy of such a notice from the Depositary, give written notice of
withdrawal to the Depositary in which case the Convention shall cease
to be in force on 30 June of the same year with respect to the
Contracting Party giving such notice.
3. Withdrawal from this Convention by any Member of the Commission
shall not affect its financial obligations under this Convention.
The Depositary shall notify all Contracting Parties of the following:
a. signatures of this Convention and the deposit of instruments
of ratification, acceptance, approval or accession;
b. the date of entry into force of this Convention and of any
amendment thereto.
1. This Convention, of which the English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the Government of
Australia which shall transmit duly certified copies thereof to all
signatory and acceding Parties.
2. This Convention shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations.
Drawn up at Canberra this twentieth day of May 1980.
IN WITNESS THEREOF the undersigned, being duly authorized, have signed
this Convention.
The arbitral tribunal referred to in paragraph 3 of Article XXV shall
be composed of three arbitrators who shall be appointed as follows:
The Party commencing proceedings shall communicate the name of an
arbitrator to the other Party which, in turn, within a period of forty
days following such notification, shall communicate the name of the
second arbitrator. The Parties shall, within a period of sixty days
following the appointment of the second arbitrator, appoint the third
arbitrator, who shall not be a national of either Party and shall not
be of the same nationality as either of the first two arbitrators. The
third arbitrator shall preside over the tribunal.
If the second arbitrator has not been appointed within the prescribed
period, or if the Parties have not reached agreement within the
prescribed period on the appointment of the third arbitrator, that
arbitrator shall be appointed, as the request of either Party, by the
Secretary-General of the Permanent Court of Arbitration, from among
persons of international standing not having the nationality of a
State which is a Party to this Convention.
The arbitral tribunal shall decide where its headquarters will be
located and shall adopt its own rules of procedure.
The award of the arbitral tribunal shall be made by a majority of its
members, who may not abstain from voting.
Any Contracting Party which is not a Party to the dispute may
intervene in the proceedings with the consent of the arbitral
tribunal.
The award of the arbitral tribunal shall be final and binding on all
Parties to the dispute and on any Party which intervenes in the
proceedings and shall be complied with without delay. The arbitral
tribunal shall interpret the award at the request of one of the
Parties to the dispute or of any intervening Party.
Unless the arbitral tribunal determines 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.