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

AMENDMENTS TO THE CONVENTION ON THE PREVENTION OF 
MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER 
CONCERNING SETTLEMENT OF DISPUTES

(London, 12 October 1978)

The Third Consultative Meeting,

Recalling Article 11 of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other 
Matter whereby the Contracting Parties undertake to 
consider procedures for the settlement of disputes 
concerning the interpretation and application of the 
Convention,

Recalling further that the Second Consultative Meeting 
agreed to consider proposals at the Third Consultative 
Meeting to incorporate provisions for the settlement of 
disputes within the framework of the Convention with a 
view to the development and possible adoption of such 
provisions by that Meeting,

Noting Article 10 of the Convention whereby the 
Contracting Parties undertake, in accordance with the 
principles of international law regarding State 
responsibility for damage to the environment of other 
States or to any other area of the environment, caused 
by dumping of wastes and other matter of all kinds, to 
develop procedures for the assessment of liability and 
the settlement of disputes regarding dumping,

Bearing in mind the provisions of Article 13 whereby the 
Contracting Parties affirm that nothing in the 
Convention shall prejudice the codification and 
development of the law of the sea by the Third United 
Nations Conference on the Law of the Sea nor the present 
or future claims and legal views of any State concerning 
the law of the sea and the nature and extent of coastal 
and flag State jurisdiction,

Having considered the proposed provisions on the 
settlement of disputes contained in the Report of the Ad 
Hoc Group of Legal Experts on Dumping,

Adopts the following amendments to the Convention in 
accordance with Articles 14 (4) (a) and 15 (1) thereof:

(a) amendments to Article 11;

(b) amendments to Article 14 (4) (a) and 15 (1) (a); and

(c) addition of an Appendix, the texts of which are set 
out in the Attachment to this Resolution,

Requests the Secretary-General of the Inter-Governmental 

Maritime Consultative Organization to inform the 
Contracting Parties of the above-mentioned amendments in 
accordance with Article 15 (1) (b) of the Convention.

Also requests the Secretary-General of the Inter-
Governmental Maritime Consultative Organization to 
perform among his other Secretariat duties, functions 
provided for in the Appendix to the Convention regarding 
settlement of disputes,

Invites the Contracting Parties to accept the amendments 
as soon as possible.

ATTACHMENT:

Amendments to the Convention

Article 11 shall be replaced by the following:

"Any dispute between two or more Contracting Parties 
concerning the interpretation or application of this 
Convention shall, if settlement by negotiation or by 
other means has not been possible, be submitted by 
agreement between the parties to the dispute to the 
International Court of Justice or upon the request of 
one of them to arbitration. Arbitration procedures, 
unless the parties to the dispute decide otherwise, 
shall be in accordance with the rules set out in the 
Appendix to this Convention".

Article 14 (4) (a) shall be replaced by the following:

"(a) review and adopt amendments to this Convention, its 
Annexes and Appendix in accordance with Article 15;"

The first sentence of Article 15 (1) (a) shall be 
replaced by the following:

"At meetings of the Contracting Parties called in 
accordance with Article 14 amendments to this Convention 
and its Appendix may be adopted by a two-thirds majority 
of those present".

The Appendix mentioned in the amended Article 11 above 
is set out hereunder.

Appendix

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