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Summary of the "Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

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CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE 
MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION

Cartagena de Indias, 24 March 1983


The Contracting Parties,

Fully aware of the economic and social value of the marine 
environment, including coastal areas, of the wider Caribbean 
region,

Conscious of their responsibility to protect the marine 
environment of the wider Caribbean region for the benefit and 
enjoyment of present and future generations,

Recognizing the special hydrographic and ecological 
characteristics of the region and its vulnerability to pollution,

Recognizing further the threat to the marine environment, its 
ecological equilibrium, resources and legitimate uses posed by 
pollution and by the absence of sufficient integration of an 
environmental dimension into the development process,

Considering the protection of the ecosystems of the marine 
environment of the wider Caribbean region to be one of their 
principal objectives,

Realizing fully the need for co-operation amongst themselves and 
with competent international organizations in order to ensure co-
ordinated and comprehensive development without environmental 
damage,

Recognizing the desirability of securing the wider acceptance of 
international marine pollution agreements already in existence,

Noting however, that, in spite of the progress already achieved, 
these agreements do not cover all aspects of environmental 
deterioration and do not entirely meet the special requirements of 
the wider Caribbean region,

Have agreed as follows:


Article 1 

CONVENTION AREA

1. This Convention shall apply to the wider Caribbean region, 
hereinafter referred to as "the Convention area" as defined in 
paragraph 1 of article 2.

2. Except as may be otherwise provided in any protocol to this 
Convention, the Convention area shall not include internal waters 
of the Contracting Parties.


Article 2 

DEFINITIONS

For the purposes of this Convention:

1. The "Convention area" means the marine environment of the Gulf 
of Mexico, the Caribbean Sea and the areas of the Atlantic Ocean 
adjacent thereto, south of 30 deg north latitude and within 200 
nautical miles of the Atlantic coasts of the States referred to in 
article 25 of the Convention.

2. "Organization" means the institution designated to carry out 
the functions enumerated in paragraph 1 of article 15.


Article 3 

GENERAL PROVISIONS

1. The Contracting Parties shall endeavour to conclude bilateral 
or multilateral agreements including regional or subregional 
agreements, for the protection of the marine environment of the 
Convention area. Such agreements shall be consistent with this 
Convention and in accordance with international law. Copies of 
such agreements shall be communicated to the Organization and, 
through the Organization, to all signatories and Contracting 
Parties to this Convention.

2. This Convention and its protocols shall be construed in 
accordance with international law relating to their subject-
matter. Nothing in this Convention or its protocols shall be 
deemed to affect obligations assumed by the Contracting Parties 
under agreements previously concluded.

3. Nothing in this Convention or its protocols shall prejudice the 
present or future claims or the legal views of any Contracting 
Party concerning the nature and extent of maritime jurisdiction.


Article 4 

GENERAL OBLIGATIONS

1. The Contracting Parties shall, individually or jointly, take 
all appropriate measures in conformity with international law and 
in accordance with this Convention and those of its protocols in 
force to which they are parties to prevent, reduce and control 
pollution of the Convention area and to ensure sound environmental 
management, using for this purpose the best practicable means at 
their disposal and in accordance with their capabilities.

2. The Contracting Parties shall, in taking the measures referred 
to in paragraph 1, ensure that the implementation of those 
measures does not cause pollution of the marine environment 
outside the Convention area.

3. The Contracting Parties shall co-operate in the formulation and 
adoption of protocols or other agreements to facilitate the 
effective implementation of this Convention.

4. The Contracting Parties shall take appropriate measures, in 
conformity with international law, for the effective discharge of 
the obligations prescribed in this Convention and its protocols 
and shall endeavour to harmonize their policies in this regard.

5. The Contracting Parties shall co-operate with the competent 
international, regional and subregional organizations for the 
effective implementation of this Convention and its protocols. 
They shall assist each other in fulfilling their obligations under 
this Convention and its protocols.


Article 5

POLLUTION FROM SHIPS

The Contracting Parties shall take all appropriate measures to 
prevent, reduce and control pollution of the Convention area 
caused by discharges from ships and, for this purpose, to ensure 
the effective implementation of the applicable international rules 
and standards established by the competent international 
organization.


Article 6 

POLLUTION CAUSED BY DUMPING

The Contracting Parties shall take all appropriate measures to 
prevent, reduce and control pollution of the Convention area 
caused by dumping of wastes and other matter at sea from ships, 
aircraft or manmade structures at sea, and to ensure the effective 
implementation of the applicable international rules and 
standards.


Article 7 

POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall take all appropriate measures to 
prevent, reduce and control pollution of the Convention area 
caused by coastal disposal or by discharges emanating from rivers, 
estuaries, coastal establishments, outfall structures, or any 
other sources on their territories.


Article 8 

POLLUTION FROM SEA-BED ACTIVITIES

The Contracting Parties shall take all appropriate measures to 
prevent, reduce and control pollution of the Convention area 
resulting directly or indirectly from exploration and exploitation 
of the sea-bed and its subsoil.


Article 9

AIRBORNE POLLUTION

The Contracting Parties shall take all appropriate measures to 
prevent, reduce and control pollution of the Convention area 
resulting from discharges into the atmosphere from activities 
under their jurisdiction.


Article 10

SPECIALLY PROTECTED AREAS

The Contracting Parties shall, individually or jointly, take all 
appropriate measures to protect and preserve rare or fragile 
ecosystems, as well as the habitat of depleted, threatened or 
endangered species, in the Convention area. To this end, the 
Contracting Parties shall endeavour to establish protected areas. 
The establishment of such areas shall not affect the rights of 
other Contracting Parties and third States. In addition, the 
Contracting Parties shall exchange information concerning the 
administration and management of such areas.


Article 11

CO-OPERATION IN CASES OF EMERGENCY

1. The Contracting Parties shall co-operate in taking all 
necessary measures to respond to pollution emergencies in the 
Convention area, whatever the cause of such emergencies, and to 
control, reduce or eliminate pollution or the threat of pollution 
resulting therefrom. To this end, the Contracting Parties shall, 
individually and jointly, develop and promote contingency plans 
for responding to incidents involving pollution or the threat 
thereof in the Convention area.

2. When a Contracting Party becomes aware of cases in which the 
Convention area is in imminent danger of being polluted or has 
been polluted, it shall immediately notify other States likely to 
be affected by such pollution, as well as the competent 
international organizations. Furthermore, it shall inform, as soon 
as feasible, such other States and competent international 
organizations of measures it has taken to minimize or reduce 
pollution or the threat thereof.


Article 12

ENVIRONMENTAL IMPACT ASSESSMENT

1. As part of their environmental management policies the 
Contracting Parties undertake to develop technical and other 
guidelines to assist the planning of their major development 
projects in such a way as to prevent or minimize harmful impacts 
on the Convention area.

2. Each Contracting Party shall assess within its capabilities, or 
ensure the assessment of, the potential effects of such projects 
on the marine environment, particularly in coastal areas, so that 
appropriate measures may be taken to prevent any substantial 
pollution of, or significant and harmful changes to, the 
Convention area.

3. With respect to the assessments referred to in paragraph 2, 
each Contracting Party shall, with the assistance of the 
Organization when requested, develop procedures for the 
dissemination of information and may, where appropriate, invite 
other Contracting Parties which may be affected to consult with it 
and to submit comments.


Article 13

SCIENTIFIC AND TECHNICAL CO-OPERATION

1. The Contracting Parties undertake to cooperate, directly and, 
when appropriate, through the competent international and regional 
organizations, in scientific research, monitoring, and the 
exchange of data and other scientific information relating to the 
purposes of this Convention.

2. To this end, the Contracting Parties undertake to develop and 
co-ordinate their research and monitoring programmes relating to 
the Convention area and to ensure, in co-operation with the 
competent international and regional organizations, the necessary 
links between their research centres and institutes with a view to 
producing compatible results. With the aim of further protecting 
the Convention area, the Contracting Parties shall endeavour to 
participate in international arrangements for pollution research 
and monitoring.

3. The Contracting Parties undertake to cooperate, directly and, 
when appropriate, through the competent international and regional 
organizations, in the provision to other Contracting Parties of 
technical and other assistance in fields relating to pollution and 
sound environmental management of the Convention area, taking into 
account the special needs of the smaller island developing 
countries and territories.


Article 14

LIABILITY AND COMPENSATION

The Contracting Parties shall co-operate with a view to adopting 
appropriate rules and procedures, which are in conformity with 
international law, in the field of liability and compensation for 
damage resulting from pollution of the Convention area.


Article 15

INSTITUTIONAL ARRANGEMENTS

1. The Contracting Parties designate the United Nations 
Environment Programme to carry out the following secretariat 
functions:

(a) To prepare and convene the meetings of Contracting Parties and 
conferences provided for in articles 16, 17 and 18;

(b) To transmit the information received in accordance with 
articles 3, 11 and 22;

(c) To perform the functions assigned to it by protocols to this 
Convention;

(d) To consider enquiries by, and information from, the 
Contracting Parties and to consult with them on questions relating 
to this Convention, its protocols and annexes thereto;

(e) To co-ordinate the implementation of cooperative activities 
agreed upon by the meetings of Contracting Parties and conferences 
provided for in articles 16, 17 and 18;

(f) To ensure the necessary co-ordination with other international 
bodies which the Contracting Parties consider competent.

2. Each Contracting Party shall designate an appropriate authority 
to serve as the channel of communication with the Organization for 
the purposes of this Convention and its protocols.


Article 16

MEETINGS OF THE CONTRACTING PARTIES

1. The Contracting Parties shall hold ordinary meetings once every 
two years and extraordinary meetings at any other time deemed 
necessary, upon the request of the Organization or at the request 
of any Contracting Party, provided that such requests are 
supported by the majority of the Contracting Parties.

2. It shall be the function of the meetings of the Contracting 
Parties to keep under review the implementation of this Convention 
and its protocols and, in particular:

(a) To assess periodically the state of the environment in the 
Convention area;

(b) To consider the information submitted by the Contracting 
Parties under article 22;

(c) To adopt, review and amend annexes to this Convention and to 
its protocols, in accordance with article 19;

(d) To make recommendations regarding the adoption of any 
additional protocols or any amendments to this Convention or its 
protocols in accordance with articles 17 and 18;

(e) To establish working groups as required to consider any 
matters concerning this Convention and its protocols, and annexes 
thereto;

(f) To consider co-operative activities to be undertaken within 
the framework of this Convention and its protocols, including 
their financial and institutional implications, and to adopt 
decisions relating thereto;

(g) To consider and undertake any other action that may be 
required for the achievement of the purposes of this Convention 
and its protocols.


Article 17

ADOPTION OF PROTOCOLS

1. The Contracting Parties, at a conference of plenipotentiaries, 
may adopt additional protocols to this Convention pursuant to 
paragraph 3 of article 4.

2. If so requested by a majority of the Contracting Parties, the 
Organization shall convene a conference of plenipotentiaries for 
the purpose of adopting additional protocols to this Convention.


Article 18 

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

1. Any Contracting Party may propose amendments to this 
Convention. Amendments shall be adopted by a conference of 
plenipotentiaries which shall be convened by the Organization at 
the request of a majority of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments 
to any protocol. Such amendments shall be adopted by a conference 
of plenipotentiaries which shall be convened by the Organization 
at the request of a majority of the Contracting Parties to the 
protocol concerned.

3. The text of any proposed amendment shall be communicated by the 
Organization to all Contracting Parties at least 90 days before 
the opening of the conference of plenipotentiaries.

4. Any amendment to this Convention shall be adopted by a three-
fourths majority vote of the Contracting Parties to the Convention 
which are represented at the conference of plenipotentiaries and 
shall be submitted by the Depositary for acceptance by all 
Contracting Parties to the Convention. Amendments to any protocol 
shall be adopted by a three-fourths majority vote of the 
Contracting Parties to the protocol which are represented at the 
conference of plenipotentiaries and shall be submitted by the 
Depositary for acceptance by all Contracting Parties to the 
protocol.

5. Instruments of ratification, acceptance or approval of 
amendments shall be deposited with the Depositary. Amendments 
adopted in accordance with paragraph 3 shall enter into force 
between Contracting Parties having accepted such amendments on the 
thirtieth day following the date of receipt by the Depositary of 
the instruments of at least three fourths of the Contracting 
Parties to this Convention or to the protocol concerned, as the 
case may be. Thereafter the amendments shall enter into force for 
any other Contracting Party on the thirtieth day after the date on 
which that Party deposits its instrument.

6. After entry into force of an amendment to this Convention or to 
a protocol, any new Contracting Party to the Convention or such 
protocols shall become a Contracting Party to the Convention or 
protocol as amended.


Article 19

ANNEXES AND AMENDMENTS TO ANNEXES

1. Annexes to this Convention or to a protocol shall form an 
integral part of the Convention or, as the case may be, such 
protocol.

2. Except as may be otherwise provided in any protocol with 
respect to its annexes, the following procedure shall apply to the 
adoption and entry into force of amendments to annexes to this 
Convention or to annexes to a protocol:

(a) Any Contracting Party may propose amendments to annexes to 
this Convention or to annexes to any protocol at a meeting 
convened pursuant to article 16;

(b) Such amendments shall be adopted by a three-fourths majority 
vote of the Contracting Parties to the instrument in question 
present at the meeting referred to in article 16;

(c) The Depositary shall without delay communicate the amendments 
so adopted to all Contracting Parties to the Convention;

(d) Any Contracting Party that is unable to accept an amendment to 
annexes to this Convention or to annexes to any protocol shall so 
notify the Depositary in writing within 90 days from the date on 
which the amendment was adopted;

(e) The Depositary shall without delay notify all Contracting 
Parties of notifications received pursuant to the preceding 
subparagraph;

(f) On expiration of the period referred to in subparagraph (d), 
the amendment to the annex shall become effective for all 
Contracting Parties to this Convention or to the protocol 
concerned which have not submitted a notification in accordance 
with the provisions of that subparagraph;

(g) A Contracting Party may at any time substitute an acceptance 
for a previous declaration of objection, and the amendment shall 
thereupon enter into force for that Party.

3. The adoption and entry into force of a new annex shall be 
subject to the same procedure as that for the adoption and entry 
into force of an amendment to an annex, provided that, if it 
entails an amendment to the Convention or to one of its protocols, 
the new annex shall not enter into force until such time as that 
amendment enters into force.

4. Any amendment to the Annex on Arbitration shall be proposed and 
adopted, and shall enter into force, in accordance with the 
procedures set out in article 18.


Article 20 

RULES OF PROCEDURE AND FINANCIAL RULES

1. The Contracting Parties shall unanimously adopt rules of 
procedure for their meetings.

2. The Contracting Parties shall unanimously adopt financial 
rules, prepared in consultation with the Organization, to 
determine, in particular, their financial participation under this 
Convention and under protocols to which they are parties.


Article 21

SPECIAL EXERCISE OF THE RIGHT TO VOTE

In their fields of competence, the regional economic integration 
organizations referred to in article 25 shall exercise their right 
to vote with a number of votes equal to the number of their member 
States which are Contracting Parties to this Convention and to one 
or more protocols. Such organizations shall not exercise their 
right to vote if the member States concerned exercise theirs, and 
vice versa.


Article 22 

TRANSMISSION OF INFORMATION

The Contracting Parties shall transmit to the Organization 
information on the measures adopted by them in the implementation 
of this Convention and of protocols to which they are parties, in 
such form and at such intervals as the meetings of Contracting 
Parties may determine.


Article 23

SETTLEMENT OF DISPUTES

1. In case of a dispute between Contracting Parties as to the 
interpretation or application of this Convention or its protocols, 
they shall seek a settlement of the dispute through negotiation or 
any other peaceful means of their own choice.

2. If the Contracting Parties concerned cannot settle their 
dispute through the means mentioned in the preceding paragraph, 
the dispute shall upon common agreement, except as may be 
otherwise provided in any protocol to this Convention, be 
submitted to arbitration under the conditions set out in the Annex 
on Arbitration. However, failure to reach common agreement on 
submission of the dispute to arbitration shall not absolve the 
Contracting Parties from the responsibility of continuing to seek 
to resolve it by the means referred to in paragraph 1.

3. A Contracting Party may at any time declare that it recognizes 
as compulsory ipso facto and without special agreement, in 
relation to any other Contracting Party accepting the same 
obligation, the application of the arbitration procedure set out 
in the Annex on Arbitration. Such declaration shall he notified in 
writing to the Depositary, who shall communicate it to the other 
Contracting Parties.


Article 24

RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS

1. No State or regional economic integration organization may 
become a Contracting Party to this Convention unless it becomes at 
the same time a Contracting Party to at least one protocol to the 
Convention. No State or regional economic integration organization 
may become a Contracting Party to a protocol unless it is, or 
becomes at the same time, a Contracting Party to the Convention.

2. Decisions concerning any protocol shall be taken only by the 
Contracting Parties to the protocol concerned.


Article 25

SIGNATURE

This Convention and the Protocol concerning Cooperation in 
Combating Oil Spills in the Wider Caribbean Region shall be open 
for signature at Cartagena de Indias on 24 March 1983 and at 
Bogota from 25 March 1983 to 23 March 1984 by States invited to 
participate in the Conference of Plenipotentiaries on the 
Protection and Development of the Marine Environment of the Wider 
Caribbean Region, held at Cartagena de Indias from 21 to 24 March 
1983. They shall also be open for signature between the same dates 
by any regional economic integration organization exercising 
competence in fields covered by the Convention and that Protocol 
and having at least one member State which belongs to the wider 
Caribbean region, provided that such regional organization has 
been invited to participate in the Conference of 
Plenipotentiaries.


Article 26

RATIFICATION, ACCEPTANCE AND APPROVAL

1. This Convention and its protocols shall be subject to 
ratification, acceptance or approval by States. Instruments of 
ratification, acceptance or approval shall be deposited with the 
Government of the Republic of Colombia, which will assume the 
functions of Depositary.

2. This Convention and its protocols shall also be subject to 
ratification, acceptance or approval by the organizations referred 
to in article 25 having at least one member State a party to the 
Convention. In their instruments of ratification, acceptance or 
approval, such organizations shall declare the extent of their 
competence with respect to the matters governed by the Convention 
and the relevant protocol. Subsequently these organizations shall 
inform the Depositary of any substantial modification in the 
extent of their competence.


Article 27

ACCESSION

1. This Convention and its protocols shall be open for accession 
by the States and organizations referred to in article 25 as from 
the day following the date on which the Convention or the protocol 
concerned is closed for signature.

2. After entry into force of this Convention and of any protocol, 
any State or regional economic integration organization not 
referred to in article 25 may accede to the Convention and to any 
protocol subject to prior approval by three fourths of the 
Contracting Parties to the Convention or the protocol concerned, 
provided that any such regional economic integration organization 
exercises competence in fields covered by the Convention and the 
relevant protocol and has at least one member State belonging to 
the wider Caribbean region, that is a party to the Convention and 
the relevant protocol.

3. In their instruments of accession, the organizations referred 
to in paragraphs 1 and 2 shall declare the extent of their 
competence with respect to the matters governed by the Convention 
and the relevant protocol. These organizations shall also inform 
the Depositary of any substantial modification in the extent of 
their competence.

4. Instruments of accession shall be deposited with the 
Depositary.


Article 28

ENTRY INTO FORCE

1. This Convention and the Protocol concerning Co-operation in 
Combating Oil Spills in the Wider Caribbean Region shall enter 
into force on the thirtieth day following the date of deposit of 
the ninth instrument of ratification, acceptance or approval of, 
or accession to, those agreements by the States referred to in 
article 25.

2. Any additional protocol to this Convention, except as otherwise 
provided in such protocol, shall enter into force on the thirtieth 
day following the date of deposit of the ninth instrument of 
ratification, acceptance, or approval of such protocol, or of 
accession thereto.

3. For the purposes of paragraphs 1 and 2, any instrument 
deposited by an organization referred to in article 25 shall not 
be counted as additional to that deposited by any member State of 
such organization.

4. Thereafter, this Convention and any protocol shall enter into 
force with respect to any State or organization referred to in 
article 25 or article 27 on the thirtieth day following the date 
of deposit of its instruments of ratification, acceptance, 
approval or accession.


Article 29

DENUNCIATION

1. At any time after two years from the date of entry into force 
of this Convention with respect to a Contracting Party, that 
Contracting Party may denounce the Convention by giving written 
notification to the Depositary.

2. Except as may be otherwise provided in any protocol to this 
Convention, any Contracting Party may, at any time after two years 
from the date of entry into force of such protocol with respect to 
that Contracting Party, denounce the protocol by giving written 
notification to the Depositary.

3. Denunciation shall take effect on the ninetieth day after the 
date on which notification is received by the Depositary.

4. Any Contracting Party which denounces this Convention shall be 
considered as also having denounced any protocol to which it was a 
Contracting Party.

5. Any Contracting Party which, upon its denunciation of a 
protocol, is no longer a Contracting Party to any protocol of this 
Convention, shall be considered as also having denounced the 
Convention itself.



Article 30

DEPOSITARY

1. The Depositary shall inform the Signatories and the Contracting 
Parties, as well as the Organization, of:

(a) The signature of this Convention and of its protocols, and the 
deposit of instruments of ratification, acceptance, approval or 
accession;

(b) The date on which the Convention or any protocol will come 
into force for each Contracting Party;

(c) Notification of any denunciation and the date on which it will 
take effect;

(d) The amendments adopted with respect to the Convention or to 
any protocol, their acceptance by the Contracting Parties and the 
date of their entry into force;

(e) All matters relating to new annexes and to the amendment of 
any annex;

(f) Notifications by regional economic integration organizations 
of the extent of their competence with respect to matters governed 
by this Convention and the relevant protocols, and of any 
modifications thereto.

2. The original of this Convention and of any protocol shall be 
deposited with the Depositary, the Government of the Republic of 
Colombia, which shall send certified copies thereof to the 
Signatories, the Contracting Parties, and the Organization.

3. As soon as the Convention and its protocols enter into force, 
the Depositary shall transmit a certified copy of the instrument 
concerned to the Secretary-General of the United Nations for 
registration and publication in accordance with Article 102 of the 
Charter of the United Nations.

In witness whereof the undersigned, being duly authorized by 
their respective Governments, have signed this Convention.

Done at Cartagena de Indias this twenty-fourth day of March one 
thousand nine hundred and eighty-three in a single copy in the 
English, French and Spanish languages, the three texts being 
equally authentic.


Annex

ARBITRATION


Article 1

Unless the agreement referred to in article 23 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 23 of the Convention. The 
notification shall state the subject-matter of arbitration and 
include, in particular, the articles of the Convention or the 
protocol, the interpretation or application of which are at issue. 
The Secretariat shall forward the information thus received to all 
Contracting Parties to the Convention or to the protocol 
concerned.


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.


Article 4

1. If the chairman of the arbitral tribunal has not been 
designated within 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 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 and the protocol or protocols concerned.

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 to the dispute shall not 
constitute an impediment to the proceedings.


Article 7

The tribunal may hear and determine counterclaims 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 Contracting 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.


Article 10

1. 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 on which it is based. 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 arbitral tribunal 
constituted for this purpose in the same manner as the first.