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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text


Summary of the "Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African 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, MANAGEMENT AND 
DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT 
OF THE EASTERN AFRICAN REGION

Nairobi, 21 June 1985

    The Contracting Parties,

    Fully aware of the economic and social value of the 
marine and coastal environment of the Eastern African 
region,

    Conscious of their responsibility to preserve their 
natural heritage for the benefit and enjoyment of 
present and future generations,

    Recognizing the special hydrographic and ecological 
characteristics of the region which require special care 
and responsible management,

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

    Seeking to ensure that resource development shall be 
in harmony with the maintenance of the environmental 
quality of the region and the evolving principles of 
rational environmental management,

    Realizing fully the need for co-operation amongst 
themselves and with competent international and regional 
organizations in order to ensure a coordinated and 
comprehensive development of the natural resources of 
the region,

    Recognizing the desirability of promoting the wider 
acceptance and national implementation of existing 
international environmental agreements,

    Noting, however, that existing international 
conventions concerning the marine and coastal 
environment do not cover, in spite of the progress 
achieved, all aspects and sources of marine pollution 
and environmental degradation and do not entirely meet 
the special requirements of the Eastern African region,

    Desirous to adopt a regional convention elaborated 
within the framework of the Action Plan for the 
Protection, Management and Development of the Marine and 
Coastal Environment of the Eastern African Region 
adopted at Nairobi on 21 June 1985,

    Have agreed as follows:


Article 1

GEOGRAPHICAL COVERAGE

1. This Convention shall apply to the Eastern African 
region, hereinafter referred to as "the Convention area" 
as defined in paragraph (a) 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:

(a) the "Convention area" shall be comprised of the 
marine and coastal environment of that part of the 
Indian Ocean situated within the Eastern African region 
and falling within the jurisdiction of the Contracting 
Parties to this Convention. The extent of the coastal 
environment to be included within the Convention area 
shall be indicated in each protocol to this Convention 
taking into account the objectives of the protocol 
concerned;

(b) "pollution" means the introduction by man directly 
or indirectly, of substances or energy into the marine 
environment, including estuaries, resulting in such 
deleterious effects as harm to living resources hazards 
to human health, hindrance to marine activities, 
including fishing, impairment of quality for use of sea 
water and reduction of amenities;

(c) "Organization" means the body designated as 
responsible for carrying out secretariat functions 
pursuant to article 16 of this Convention.


Article 3

GENERAL PROVISIONS

1. The Contracting Parties may enter into bilateral or 
multilateral agreements, including regional or 
subregional agreements, for the protection and 
management of the marine and coastal 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 Contracting Parties to this 
Convention.

2. Nothing in this Convention or its protocols shall be 
deemed to affect obligations assumed by a Contracting 
Party under agreements previously concluded.

3. This Convention and its protocols shall be construed 
in accordance with international law relating to their 
subject matter. Nothing in this Convention and its 
protocols shall prejudice the present or future claims 
and legal views of any Contracting Party concerning the 
nature and extent of its 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 party, to prevent, reduce and combat pollution 
of the Convention area and to ensure Sound environmental 
management of natural resources, using for this purpose 
the best practicable means at their disposal, and in 
accordance with their capabilities.

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

3. The Contracting Parties shall take all 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.

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

5. In taking the measures referred to in paragraph 1, 
the Contracting Parties shall ensure that the 
application of such measures does not cause pollution of 
the marine environment outside the Convention area.


Article 5

POLLUTION FROM SHIPS

    The Contracting Parties shall take all appropriate 
measures to prevent, reduce and combat 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, or within the framework of, the 
competent international organization.


Article 6

POLLUTION CAUSED BY DUMPING

The Contracting Parties shall take all appropriate 
measures to prevent, reduce and combat pollution of the 
Convention area caused by dumping of wastes and other 
matter at sea from ships, aircraft, or man-made 
structures at sea, taking into account applicable 
international rules and standards and recommended 
practices and procedures.


Article 7 

POLLUTION FROM LAND-BASED SOURCES

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


Article 8

POLLUTION FROM SEA-BED ACTIVITIES

The Contracting Parties shall take all appropriate 
measures to prevent, reduce and combat 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 combat 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 rare, 
depleted, threatened or endangered species of wild fauna 
and flora and their habitats in the Convention area. To 
this end the Contracting Parties shall, in areas under 
their jurisdiction, establish protected areas, such as 
parks and reserves, and shall regulate and, where 
required and subject to the rules of international law, 
prohibit an activity likely to have adverse effects on 
the species, ecosystems or biological processes that 
such areas are established to protect. The establishment 
of such areas shall not affect the rights of other 
Contracting Parties and third States and in particular 
other legitimate uses of the sea.


Article 11

CO-OPERATION IN COMBATING POLLUTION 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 and to 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 a case 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 competent international 
organizations. Furthermore, it shall inform, as soon as 
feasible, such other States and the Organization of any 
measures it has taken to minimize or reduce pollution or 
the threat thereof.


Article 12 

ENVIRONMENTAL DAMAGE FROM ENGINEERING ACTIVITIES

    The Contracting Parties shall take all appropriate 
measures to prevent, reduce and combat environmental 
damage in the Convention area, in particular the 
destruction of marine and coastal ecosystems, caused by 
engineering activities such as land reclamation and 
dredging.


Article 13

 ENVIRONMENTAL IMPACT ASSESSMENT

1. As part of their environmental management policies, 
the Contracting Parties shall, in cooperation with 
competent regional and international organizations if 
necessary, 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, the potential environmental effects of 
major projects which it has reasonable grounds to expect 
may cause substantial pollution of, or significant and 
harmful changes to, the Convention area.

3. With respect to the assessments referred to in 
paragraph 2, the Contracting Parties shall, if 
appropriate in consultation with the Organization, 
develop procedures for the dissemination of information 
and, if necessary, for consultations among the 
Contracting Parties concerned.


Article 14 

SCIENTIFIC AND TECHNICAL CO-OPERATION

1. The Contracting Parties shall co-operate, directly or 
with the assistance of competent regional and 
international organizations, in scientific research, 
monitoring, and the exchange of data and other 
scientific information relating to the purposes of this 
Convention and its protocols.

2. To this end, the Contracting Parties shall develop 
and co-ordinate their research and monitoring programmes 
concerning pollution and natural resources in the 
Convention area and shall establish, in co-operation 
with competent regional and international organizations, 
a regional network of national research centres and 
institutes to ensure compatible results. With the aim of 
further protecting the Convention area, the Contracting 
Parties shall endeavour to participate in international 
arrangements for research and monitoring outside the 
Convention area.

3. The Contracting Parties shall co-operate, within 
their available capabilities, directly or through 
competent regional and international 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.




Article 15

LIABILITY AND COMPENSATION

    The Contracting Parties shall co-operate, directly 
or with the assistance of competent regional and 
international organizations, with a view of formulating 
and 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 16

INSTITUTIONAL ARRANGEMENTS

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

(a) to prepare and convene the meetings of Contracting 
Parties and conferences provided for in articles 17,18 
and 19;

(b) to transmit to the Contracting Parties information 
received in accordance with articles 11, 13 and 23;

(c) to perform the functions assigned to its 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 and protocols;

(e) to co-ordinate the implementation of operative 
activities agreed upon by the meetings Contracting 
Parties;

(f) to ensure the necessary co-ordination with other 
regional and international bodies that Contracting 
Parties consider competent;

(g) to enter into such administrative arrangements as 
may be required for the effective discharge of 
secretariat functions.

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


Article 17

MEETINGS OF THE CONTRACTING PARTIES

1. The Contracting Parties shall hold ordinary meetings 
once every two years. It shall be the function of the 
ordinary meetings of the Contracting Parties to keep 
under review the implementation of this Convention and 
its protocols and, in particular:

(a) to consider information submitted by the Contracting 
Parties under article 23;

(b) to adopt, review and amend annexes to this 
Convention and to its related protocols, in accordance 
with the provisions of article 20;

(c) to make recommendations regarding the adoption of 
any additional protocols or amendments to this 
Convention or its protocols in accordance with the 
provisions of articles 18 and 19;

(d) to establish working groups as required to consider 
any matters concerning this Convention and its 
protocols;

(e) to assess periodically the state of the environment 
in the Convention area;

(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 additional action that 
may be required for the achievement of the purposes of 
this Convention and its protocols.

2. The Organization shall convene the first ordinary 
meeting of the Contracting Parties within nine months of 
the date on which the Convention enters into force in 
accordance with article 29.

3. Extraordinary meetings shall be convened at the 
request of any Contracting Party or upon the request of 
the Organization, provided that such requests are 
supported by a two-thirds majority of the Contracting 
Parties. It shall be the function of the extraordinary 
meeting of the Contracting Parties to consider only 
those items proposed in the request for the holding of 
the extraordinary meeting.


Article 18

ADOPTION OF PROTOCOLS

1. The Contracting Parties, at a conference of 
plenipotentiaries, may adopt additional protocols to 
this Convention pursuant to paragraph 2 of article 4.

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


Article 19

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 two-thirds 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 two-
thirds 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 ninety days before the opening of the 
conference of plenipotentiaries.

4. Any amendment to this Convention shall be adopted by 
a two-thirds majority vote of the Contracting Parties to 
the Convention which are present and voting 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 two-thirds majority vote of the 
Contracting Parties to the protocol which are present 
and voting 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 4 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 six 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 the entry into force of an amendment to this 
Convention or to a protocol, any new Contracting Party 
to this Convention or such protocol shall become a 
Contracting Party to the Convention or protocol as 
amended.


Article 20 

ANNEXES AND AMENDMENT OF ANNEXES

I . 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 annexes to any protocol at 
the meetings convened pursuant to article 17;

(b) such amendments shall be adopted by a two-thirds 
majority vote of the Contracting Parties to the 
instrument in question;

(c) the Depositary shall without delay communicate the 
amendments so adopted to all Contracting Parties to this 
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 a period determined by the Contracting Parties 
concerned when adopting the amendment;

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

(f) on expiry of the period determined in accordance 
with subparagraph (d) above, 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 to 
this Convention or to any protocol 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 a 
protocol, 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 19.


Article 21 

RULES OF PROCEDURES AND FINANCIAL RULES

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

2. The Contracting Parties shall adopt financial rules, 
prepared in consultation with the Organization, to 
determine, in particular, their financial participation 
in the co-operative activities undertaken for the 
purposes of this Convention and of protocols to which 
they are parties.


Article 22

SPECIAL EXERCISE OF THE RIGHT TO VOTE

    In their fields of competence, the regional 
intergovernmental integration organizations referred to 
in article 26 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 rights to vote if the member States 
concerned exercise theirs and vice versa.


Article 23

TRANSMISSION OF INFORMATION

    The Contracting Parties shall transmit regularly 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 as the 
meetings of Contracting Parties may determine.


Article 24

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 Parties concerned cannot settle the dispute 
through the means mentioned in the preceding paragraph, 
the dispute shall, upon common agreement of the Parties 
concerned, be submitted to arbitration under the 
conditions set out in the Annex on Arbitration.


Article 25

RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS

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

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


Article 26

SIGNATURE

    This Convention, the Protocol concerning Protected 
Areas and Wild Fauna and Flora in the Eastern African 
Region and the Protocol concerning Co-operation in 
Combating Marine Pollution in Cases of Emergency in the 
Eastern African Region shall be open for signature at 
Nairobi from 21 June 1985 to 20 June 1986 by any State 
invited as participant to the Conference of 
Plenipotentiaries on the Protection, Management and 
Development of the Marine and Coastal Environment of the 
Eastern African Region, held at Nairobi from 17 June 
1985 to 21 June 1985. They shall also be open for 
signature between the same dates by any regional 
intergovernmental integration organization exercising 
competence in fields covered by the Convention and such 
protocols and having at least one member State which 
belongs to the Eastern African region provided that such 
regional organization has been invited to participate in 
the Conference of Plenipotentiaries.



Article 27

RATIFICATION, ACCEPTANCE AND APPROVAL

    This Convention and its protocols shall be subject 
to ratification, acceptance or approval by the States 
and organizations referred to in article 26. Instruments 
of ratification, acceptance or approval shall be 
deposited with the Government of the Republic of Kenya 
which will assume the functions of Depositary.


Article 28

ACCESSION

1. This Convention and its protocols shall be open for 
accession by the States and organizations referred to in 
article 26 as from the day following the date on which 
the Convention or the protocol concerned is closed for 
signature.

2. After the entry into force of this Convention and of 
any protocol, any State or regional intergovernmental 
integration organization not referred to in article 26 
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.

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


Article 29

ENTRY INTO FORCE

1. This Convention shall enter into force on the same 
date as the first protocol entering into force.

2. Any protocol to this Convention, except as otherwise 
provided in such protocol, shall enter into force on the 
ninetieth day following the date of deposit of the sixth 
instrument of ratification, acceptance, or approval of, 
or accession to, such protocol by the States referred to 
in article 26.

3. Thereafter, this Convention and any protocol shall 
enter into force with respect to any State or 
organization referred to in article 26 or article 28 on 
the ninetieth day following the date of deposit of its 
instruments of ratification, acceptance, approval or 
accession.


Article 30 

WITHDRAWAL

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

3. Withdrawal shall take effect one year after the date 
on which notification of withdrawal is received by the 
Depositary.

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

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


Article 31

RESPONSIBILITIES OF THE 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 withdrawal 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.

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

3. As soon as the Convention or any protocol enters 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 Nairobi this twenty-first day of June one 
thousand nine hundred and eighty-five in single copy in 
the English and French languages, the two texts being 
equally authentic.


Annex on arbitration


Article 1

    Unless the agreement referred to in article 24 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 Organization 
that the parties agree to submit the dispute to 
arbitration pursuant to paragraph 2 of article 24 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 
Organization 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 arbitral 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 arbitral 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 
arbitral tribunal.


Article 10

l. The arbitral 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 arbitral tribunal 
constituted for this purpose in the same manner as the 
first.