1/ Notes Full name and address, telephone, telex or telefax number and the name, address, telephone, telex or telefax number of the person to be contacted. In the case of a general notification covering several shipments, either the expected dates of each shipment or, if this is not known, the expected frequency of the ships will be required. Information to be provided on relevant insurance requirements and how they are met by exporter, carrier and disposer. The nature and the concentration of the most hazardous components, in terms of toxicity and other dangers presented by the waste both in handling and in relation to the proposed disposal method. In the case of a general notification covering several shipments, both the estimated total quantity and the estimated quantities for each individual shipment will be required. Insofar as this is necessary to assess the hazard and determine the appropriateness of the proposed disposal operation. 6. 7. 8. The date the transboundary movement started and date(s) and signature on receipt by each person who takes charge of the waste Means of transport (road, rail, inland waterway, sea, air) including countries of export, transit and import, also point of entry and exit where these have been designated General description of the waste (physical state, proper UN shipping name and class, UN number, Y number and H number as applicable) Information on special handling requirements including emergency provision in case of accidents 9. 10. Type and number of packages 11. Quantity in weight/volume 12. Declaration by the generator or exporter that the information is correct 13. 14. Declaration by the generator or exporter indicating no objection from the competent authorities of all States concerned which are Parties. Certification by disposer of receipt at designated disposal facility and indication of method of disposal and of the approximate date of disposal. Notes The information required on the movement document shall where possible be integrated in one document with that required under transport rules. Where this is not possible the information should complement rather than duplicate that required under the transport rules. The movement document shall carry instructions as to who is to provide information and fill-out any form. 1/ Full name and address, telephone, telex or telefax number and the name, address, telephone, telex or telefax number of the person to be contacted in case of emergency. Annex VI ARBITRATION Article 1 Unless the agreement referred to in Article 20 of the Convention provides otherwise, the arbitration procedure shall be conducted in accordance with Articles 2 to 10 below. Article 2 The claimant party shall notify the Secretariat that the parties have agreed to submit the dispute to arbitration pursuant to paragraph 2 or paragraph 3 of Article 20 and include, in particular, the Articles of the Convention the interpretation or application of which are at issue. The Secretariat shall forward the information thus received to all Parties to the Convention. Article 3 The arbitral tribunal shall consist of three members. Each of the Parties to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the chairman of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity. 1. Article 4 If the chairman of the arbitral tribunal has not been designated with two months of the appointment of the second arbitrator, the Secretary-General of the United Nations shall, at the request of either party, designate him within a further two months period. 2. If one of the parties to the dispute does not appoint an arbitrator within two months of the receipt of the request, the other party may inform the Secretary-General of the United Nations who shall designate the chairman of the arbitral tribunal within a further two months' period. Upon designation, the chairman of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. After such period, he shall inform the Secretary-General of the United Nations, who shall make this appointment within a further two months' period. Article 5 1. The arbitral tribunal shall render its decision in accordance with international law and in accordance with the provisions of this Convention. 2. Any arbitral tribunal constituted under the provisions of this Annex shall draw up its own rules of procedure. Article 6 1. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members. 2. The tribunal may take all appropriate measures in order to establish the facts. It may, at the request of one of the parties, recommend essential interim measures of protection. 3. The parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings. 4. The absence or default of a party in the dispute shall not constitute an impediment to the proceedings. Article 7 The tribunal may hear and determine counter-claims arising directly out of the subject-matter of the dispute. Article 8 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. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties. Article 9 Any Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal. 1. Article 10 The tribunal shall render its award within five months of the date on which it is established unless it finds it necessary to extend the time-limit for a period which should not exceed five months. 2. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon the parties to the dispute. 3. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the same manner as the first. International Convention on Salvage, London, 1989 Done at London 28 April 1989 Depositary: International Maritime Organization INTERNATIONAL CONVENTION ON SALVAGE, 1989 THE STATES PARTIES TO THE PRESENT CONVENTION, RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations, NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910, CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment, CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger, (a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever. (b) Vessel means any ship or craft, or any structure capable of navigation. (c) (d) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk. Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents. (e) Payment means any reward, remuneration or compensation due under this Convention. This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party. Article 3 Platforms and drilling units This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources. Article 4 State-owned vessels 1 Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under 2 generally recognized principles of international law unless that State decides otherwise. Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application. 1 2 Article 5 Salvage operations controlled by public authorities This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations. |