2. The Organization, its officers and employees, together with delegates to the Council, shall enjoy such privileges and immunities, necessary for the fulfillment of their functions, as may be agreed between the Organization and the Contracting Party in whose territory the Secretariat is located. ARTICLE XII NO PREJUDICE TO EXISTING RIGHTS 1. Nothing in this Convention, nor activities of the Organization taking place pursuant to it, shall prejudice or in any way affect: (a) the sovereignty, sovereign rights and jurisdiction of a Contracting Party under international law over its territorial sea, 200 nautical mile zone, or continental shelf, including its jurisdiction over marine scientific research; the rights of a Contracting Party to manage its national research programs; (b) (c) other international agreements, bilateral or multilateral, to which Contracting Parties are party. Nothing in this Convention shall be construed as authorizing the Organization to regulate the activities of the Contracting Parties. 2. ARTICLE XIII SIGNATURE AND RATIFICATION, ACCEPTANCE OR APPROVAL 1. The Convention shall be open for signature at Ottawa, Canada, from March 1,1991 until December 31,1991 by Canada, the People's Republic of China, Japan, the Union of Soviet Socialist Republics and the United States of America. 2. The Convention shall be subject to ratification, acceptance or approval by the signatory states in accordance with their domestic laws and procedures. Instruments of ratification, acceptance or approval shall be deposited with the Government of Canada, which shall act as the Depository. 1. ARTICLE XIV ENTRY INTO FORCE AND ACCESSION The Convention shall enter into force sixty days after the date on which three of the signatory states have deposited instruments of ratification, acceptance or approval with the Depository. 2. After the Convention has entered into force, it shall be open for accession by any non-signatory state. States desiring to accede to the Convention may so notify the Depository which shall notify the Contracting Parties. In the absence of a written objection by a Contracting Party within 90 days of receipt of such notification, a state may accede by deposit of an instrument of accession with the Depository and accession shall take effect sixty days following deposit. ARTICLE XV AMENDMENTS Any Contracting Party or the Council may propose amendments to this Convention. The text of a proposed amendment shall be transmitted to all Contracting Parties by the Depository at least 90 days prior to the meeting at which the amendment is proposed to be considered. Amendments shall enter into force sixty days after the deposit of instruments of ratification, acceptance or approval by all of the Contracting Parties in accordance with their domestic laws and procedures. ARTICLE XVI WITHDRAWAL A Contracting Party may withdraw from this Convention at any time by giving written notice of withdrawal to the Depository. The withdrawal shall be effective six months after receipt of the notice of withdrawal by the Depository. 1. Article XIII. ARTICLE XVII TERMINATION This Convention shall be terminated upon the withdrawal of three of the signatory states listed in 2. The effective date of termination shall be one year after the deposit with the Depository of the number of withdrawals required to terminate the Convention in accordance with paragraph 1 above. ARTICLE XVIII AUTHENTIC TEXTS AND CERTIFIED COPIES The original of the present Convention in the English and French languages, each version being equally authentic, shall be deposited with the Depository, which shall transmit certified copies thereof to all of the signatory states. In witness whereof, the undersigned, duly authorized by their respective Governments, have signed this Convention. Done in duplicate, at Ottawa, this 12th day of December, 1990, in the English and French languages, each version being equally authentic. Memorandum of Understanding on the Avoidance of Overlaps and Conflicts Relating to Deep Seabed Areas, New York, 1991 Done at New York 22 February 1991 Entered into force 22 February 1991 Primary source citation: Copy of text provided by the MEMORANDUM OF UNDERSTANDING ON THE AVOIDANCE OF OVERLAPS AND CONFLICTS RELATING TO DEEP SEABED AREAS The Government of the Kingdom of Belgium, the Government of Canada, the Government of the Federal Republic of Germany, the Government of the Republic of Italy, the Government of the Kingdom of the Netherlands, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, on the one hand, and the Government of the People's Republic of China, on the other hand, hereinafter referred to as the "Parties"; Considering that an entity sponsored by the People's Republic of China has submitted to the Preparatory Commission for the International Seabed Authority and the International Tribunal for the Law of the Sea, hereinafter referred to as the "Preparatory Commission", an application for registration as a pioneer investor in respect of an area the coordinates of which are shown in Annex I to this Memorandum of Understanding, hereinafter referred to as the "Memorandum"; Taking into account the interests of the entities mentioned in Paragraph 1(a) (ii) of Resolution II of the Third United Nations Conference on the Lain of the Sea, in areas the coordinates of which have been published in Law of the Sea Bulletins 7, 11, and 12, and which coordinates are shown in Annex II to this Memorandum; Taking note with satisfaction that there are no overlaps among the above-mentioned areas; (1) Article 1 Upon attribution by the Preparatory Commission, to the entity sponsored by the People's Republic of China as a pioneer investor, of the area referred to in Annex I to this Memorandum, the Governments of Belgium, Canada, Germany, Italy, the Netherlands, the United Kingdom and the United States shall respect that area. (2) The Government of the People's Republic of China shall respect the areas referred to in Annex II to this Memorandum. (3) The obligations referred to in paragraphs 1 and 2 above shall not apply to those areas relinquished by the Parties in the future. Article 2 (1) The Governments of Belgium, Canada, Germany, Italy, the Netherlands, the United Kingdom and the United States shall not act, themselves or in association with third parties, in a manner that could prevent registration of the application which has been submitted by the People's Republic of China to the Preparatory Commission, for the area referred to in Annex I to this Memorandum. (2) The People's Republic of China shall not act, itself or in association with third parties, in a manner that could prevent registration of applications which may be submitted in the future by any or all the other Parties for any or all of the areas referred to in Annex II to this Memorandum. Article 3 The Parties shall not engage in, or support by action of their domestic authorities or in concert with third parties, the exploration and exploitation of hard mineral resources in the areas mentioned in Article 1 in a manner incompatible with the obligation contained in that Article. Article 4 The Parties shall take all appropriate measures to ensure that there is no physical interference with the activities of each other relating to the exploration and exploitation of hard mineral resources in the areas referred to in Article 1. Article 5 When necessary, the Parties will consult on questions connected with the implementation of this Memorandum. (1) Article 6 This Memorandum shall enter into force on the date of its signature, and shall remain in force until otherwise agreed by the Parties. The Annexes to this Memorandum are an integral part thereof. (2) Any Party may declare, upon signature, that this Memorandum shall enter into force for that Party only after notification to all other Parties that all legal requirements have been met. This Memorandum shall enter into force for that Party upon receipt of such notification by all other Parties. IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding. DONE at New York this 22nd day of February, 1991 in eight originals, each in the Chinese, Dutch, English, French, German and Italian languages, all texts being equally authentic. |