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ANNEX V. CONCILIATION
SECTION 1. CONCILIATION PROCEDURE PURSUANT TO
SECTION 1 OF PART XV
Article 1
Institution of proceedings
If the parties to a dispute have agreed, in accordance with article 284, to
submit it to conciliation under this section, any such party may institute
the proceedings by written notification addressed to the other party or
parties to the dispute.
Article 2
List of conciliators
A list of conciliators shall be drawn up and maintained by the Secretary-
General of the United Nations. Every State Party shall be entitled to
nominate four conciliators, each of whom shall be a person enjoying the
highest reputation for fairness, competence and integrity. The names of the
persons so nominated shall constitute the list. If at any time the
conciliators nominated by a State Party in the list so constituted shall be
fewer than four, that State Party shall be entitled to make further
nominations as necessary. The name of a conciliator shall remain on the
list until withdrawn by the State Party which made the nomination, provided
that such conciliator shall continue to serve on any conciliation
commission to which that conciliator has been appointed until the
completion of the proceedings before that commission.
Article 3
Constitution of conciliation commission
The conciliation commission shall, unless the parties otherwise agree, be
constituted as follows:
- Subject to subparagraph (g), the conciliation commission shall
consist of five members.
- The party instituting the proceedings shall appoint two conciliators
to be chosen preferably from the list referred to in article 2 of
this Annex, one of whom may be its national, unless the parties
otherwise agree. Such appointments shall be included in the
notification referred to in article 1 of this Annex.
- The other party to the dispute shall appoint two conciliators in the
manner set forth in subparagraph (b) within 21 days of receipt of the
notification referred to in article 1 of this Annex. If the
appointments are not made within that period, the party instituting
the proceedings may, within one week of the expiration of that
period, either terminate the proceedings by notification addressed to
the other party or request the Secretary-General of the United
Nations to make the appointments in accordance with subparagraph (e).
- Within 30 days after all four conciliators have been appointed, they
shall appoint a fifth conciliator chosen from the list referred to in
article 2 of this Annex, who shall be chairman. If the appointment is
not made within that period, either party may, within one week of the
expiration of that period, request the Secretary-General of the
United Nations to make the appointment in accordance with
subparagraph (e).
- Within 30 days of the receipt of a request under subparagraph (c) or
(d), the Secretary-General of the United Nations shall make the
necessary appointments from the list referred to in article 2 of this
Annex in consultation with the parties to the dispute.
- Any vacancy shall be filled in the manner prescribed for the initial
appointment.
- Two or more parties which determine by agreement that they are in the
same interest shall appoint two conciliators jointly. Where two or
more parties have separate interests or there is a disagreement as to
whether they are of the same interest, they shall appoint
conciliators separately.
- In disputes involving more than two parties having separate
interests, or where there is disagreement as to whether they are of
the same interest, the parties shall apply subparagraphs (a) to (f)
in so far as possible.
The conciliation commission shall, unless the parties otherwise agree,
determine its own procedure. The commission may, with the consent of the
parties to the dispute, invite any State Party to submit to it its views
orally or in writing. Decisions of the commission regarding procedural
matters, the report and recommendations shall be made by a majority vote of
its members.
Article 5
Amicable settlement
The commission may draw the attention of the parties to any measures which
might facilitate an amicable settlement of the dispute.
Article 6
Functions of the commission
The commission shall hear the parties, examine their claims and objections,
and make proposals to the parties with a view to reaching an amicable
settlement.
1. The commission shall report within 12 months of its constitution. Its
report shall record any agreements reached and, failing agreement, its
conclusions on all questions of fact or law relevant to the matter in
dispute and such recommendations as the commission may deem appropriate for
an amicable settlement. The report shall be deposited with the
Secretary-General of the United Nations and shall immediately be
transmitted by him to the parties to the dispute.
2. The report of the commission, including its conclusions or
recommendations, shall not be binding upon the parties.
The conciliation proceedings are terminated when a settlement has been
reached, when the parties have accepted or one party has rejected the
recommendations of the report by written notification addressed to the
Secretary-General of the United Nations, or when a period of three months
has expired from the date of transmission of the report to the parties.
The fees and expenses of the commission shall be borne by the parties to
the dispute.
Article 10
Right of parties to modify procedure
The parties to the dispute may by agreement applicable solely to that
dispute modify any provision of this Annex.
SECTION 2. COMPULSORY SUBMISSION TO
CONCILIATION PROCEDURE PURSUANT TO
SECTION 3 OF PART XV
Article 11
Institution of proceedings
1. Any party to a dispute which, in accordance with Part XV, section 3, may
be submitted to conciliation under this section, may institute the
proceedings by written notification addressed to the other party or parties
to the dispute.
2. Any party to the dispute, notified under paragraph 1, shall be obliged
to submit to such proceedings.
Article 12
Failure to reply or to submit to conciliation
The failure of a party or parties to the dispute to reply to notification
of institution of proceedings or to submit to such proceedings shall not
constitute a bar to the proceedings.
A disagreement as to whether a conciliation commission acting under this
section has competence shall be decided by the commission.
Article 14
Application of section 1
Articles 2 to 10 of section I of this Annex apply subject to this section.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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