Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986)

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986)

Noumea, 24 November 1986

The Parties,

Fully aware of the economic and social value of the

natural resources of the environment of the South Pacific

Region;

Taking into account the traditions and cultures of

the Pacific people as expressed in accepted customs and

practices;

Conscious of their responsibility to preserve their

natural heritage for the benefit and enjoyment of present

and future generations;

Recognizing the special hydrological, geological and

ecological characteristics of the region which requires

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 unique

environmental quality of the region and the evolving

principles of sustained resource management;

Realizing fully the need for co-operation amongst

themselves and with competent international, regional and

sub-regional organizations in order to ensure a co-

ordinated and comprehensive development of the natural

resources of the region;

Recognizing the desirability for the wider acceptance

and national implementation of international agreements

already in existence concerning the marine and coastal

environment;

Noting, however, that existing international

agreements 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 South Pacific Region;

Desirous to adopt the regional convention to

strengthen the implementation of the general objective of

the Action Plan for Managing the Natural Resources and

Environment of the South Pacific Region adopted at

Rarotonga, Cook Islands, on 11 March 1982;

Have agreed as follows:

Article 1

GEOGRAPHICAL COVERAGE

1. This Convention shall apply to the South Pacific

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 or archipelagic waters of the Parties as

defined in accordance with international law.

Article 2

DEFINITIONS

For the purposes of this Convention and its Protocols

unless otherwise defined in any such Protocol:

(a) the "Convention Area" shall comprise:

(i) the 200 nautical mile zones established in

accordance with international law off:

American Samoa

Australia (East coast and Islands to eastward including

Macquarie Island)

Cook Islands

Federated States of Micronesia

French Polynesia

Guam

Kiribati

Marshall Islands

Nauru

New Caledonia and Dependencies

New Zealand

Niue

Northern Mariana Islands

Palau

Papua New Guinea

Pitcairn Islands

Solomon Islands

Tokelau

Tonga

Tuvalu

Vanuatu

Wallis and Futuna

Western Samoa

(ii) those areas of high seas which are enclosed from

all sides by the 200 nautical mile zones referred to in

sub-paragraph (i);

(iii) areas of the Pacific Ocean which have been

included in the Convention Area pursuant to Article 3;

(b) "dumping" means:

Ñ any deliberate disposal at sea of wastes or other

matter from vessels, aircraft, platforms or other man-

made structures;

Ñ any deliberate disposal at sea of vessels, aircraft,

platforms or other man-made structures at sea;

"dumping" does not include:

Ñ the disposal of wastes or other matter incidental

to, or derived from the normal operations of vessels,

aircraft, platforms or other man-made structures at sea

and their equipment, other than wastes or other matter

transported by or to vessels, aircraft, platforms or

other man-made structures at sea, operating for the

purpose of treatment of such wastes or other matter on

such vessels, aircraft, platforms or structures;

Ñ placement of matter for a purpose other than the

mere disposal thereof, provided that such placement is

not contrary to the aims of this Convention;

substances of any kind, form or description;

(d) the following wastes or other matter shall be

considered to be non-radioactive: sewage sludge, dredge

spoil, fly ash, agricultural wastes, construction

materials, vessels, artificial reef building materials

and other such materials provided that they have not been

contaminated with radio nuclides of anthropogenic origin

(except dispersed global fallout from nuclear weapons

testing), nor are potential sources of naturally

occurring radio nuclides for commercial purposes, nor

have been enriched in natural or artificial radio

nuclides;

If there is a question as to whether the material to

be dumped should be considered non-radioactive, for the

purposes of this Convention, such material shall not be

dumped unless the appropriate national authority of the

proposed dumper confirms that such dumping would not

exceed the individual and collective dose limits of the

International Atomic Energy Agency general principles for

the exemption of radiation sources and practices from

regulatory control. The national authority shall also

take into account the relevant recommendations, standards

and guidelines developed by the International Atomic

Energy Agency.

(e) "vessels" and "aircraft" means waterborne or airborne

craft of any type whatsoever. This expression includes

air cushioned craft and floating craft, whether self-

propelled or not;

(f) "pollution'' means the introduction by man, directly

or indirectly, of substances or energy into the marine

environment (including estuaries) which results or is

likely to result in such deleterious effects as harm to

living resources and marine life, hazards to human

health, hindrance to marine activities including fishing

and other legitimate uses of the sea, impairment of

quality for use of sea water and reduction of amenities;

In applying this definition to the Convention

obligations, the Parties shall use their best endeavours

to comply with the appropriate standards and

recommendations established by competent international

organizations, including the International Atomic Energy

Agency;

(g) "Organisation" means the South Pacific Commission;

(h) "Director" means the Director of the South Pacific

Bureau for Economic Co-operation.

Article 3

ADDITION TO THE CONVENTION AREA

Any Party may add areas under its jurisdiction within

the Pacific Ocean between the Tropic of Cancer and 60

degrees South latitude and between 130 degrees East

longitude and 120 degrees West longitude to the

Convention Area. Such addition shall be notified to the

Depositary who shall promptly notify the other Parties

and the Organisation. Such areas shall be incorporated

within the Convention Area ninety days after notification

to the Parties by the Depositary provided there has been

no objection to the proposal to add new areas by any

Party affected by that proposal. If there is any such

objection the Parties concerned will consult with a view

to resolving the matter.

Article 4

GENERAL PROVISIONS

1. The Parties shall endeavour to conclude bilateral or

multilateral agreements, including regional or sub-

regional agreements, for the protection, development 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

Organisation and through it to all Parties to this

Convention .

2. Nothing in this Convention or its Protocols shall be

deemed to affect obligations assumed by a Party under

agreements previously concluded.

3. Nothing in this Convention and its Protocols shall be

construed to prejudice or affect the interpretation and

application of any provision or term in the Convention on

the Prevention of Marine Pollution by Dumping of Wastes

and Other Matter, 1972.

4. This Convention and its Protocols shall be construed

in accordance with international law relating to their

subject matter.

5. Nothing in this Convention and its Protocols shall

prejudice the present or future claims and legal views of

any Party concerning the nature and extent of maritime

jurisdiction.

6. Nothing in this Convention shall affect the sovereign

right of States to exploit, develop and manage their own

natural resources pursuant to their own policies, taking

into account their duty to protect and preserve the

environment. Each Party shall ensure that activities

within its jurisdiction or control do not cause damage to

the environment of other States or of areas beyond the

limits of its national jurisdiction.

Article 5

GENERAL OBLIGATIONS

1. The Parties shall endeavour, either individually or

jointly, to take all appropriate measures in conformity

with international law and in accordance with this

Convention and those Protocols in force to which they are

party to prevent, reduce and control pollution of the

Convention Area, from any source, and to ensure sound

environmental management and development of natural

resources, using for this purpose the best practicable

means at their disposal, and in accordance with their

capabilities. In doing so the Parties shall endeavour to

harmonize their policies at the regional level.

2. The Parties shall use their best endeavours to ensure

that the implementation of this Convention shall not

result in an increase in pollution in the marine

environment outside the Convention Area.

3. In addition to the Protocol for the Prevention of

Pollution of the South Pacific Region by Dumping and the

Protocol Concerning Co-operation in Combating Pollution

Emergencies in the South Pacific Region, the Parties

shall co-operate in the formulation and adoption of other

Protocols prescribing agreed measures, procedures and

standards to prevent, reduce and control pollution from

all sources or in promoting environmental management in

conformity with the objectives of this Convention .

4. The Parties shall, taking into account existing

internationally recognized rules, standards, practices

and procedures, co-operate with competent global regional

and sub-regional organisations to establish and adopt

recommended practices, procedures and measures to

prevent, reduce and control pollution from all sources

and to promote sustained resource management and to

ensure the sound development of natural resources in

conformity with the objectives of this Convention and its

Protocols. and to assist each other in fulfilling their

obligations under this Convention and its Protocols.

5. The Parties shall endeavour to establish laws and

regulations for the effective discharge of the

obligations prescribed in this Convention. Such laws and

regulations shall be no less effective than international

rules, standards and recommended practices and

procedures.

Article 6

POLLUTION FROM VESSELS

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area caused by discharges from vessels, and to ensure the

effective application in the Convention Area of the

generally accepted international rules and standards

established through the competent international

organisation or general diplomatic conference relating to

the control of pollution from vessels.

Article 7

POLLUTION FROM LAND-BASED SOURCES

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area caused by coastal disposal or by discharges

emanating from rivers, estuaries, coastal establishments,

outfall structures, or any other sources in their

territory.

Article 8

POLLUTION FROM SEABED ACTIVITIES

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area resulting directly or indirectly from exploration

and exploitation of the seabed and its subsoil.

Article 9

AIRBORNE POLLUTION

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area resulting from discharges into the atmosphere from

activities under their jurisdiction.

Article 10

DISPOSAL OF WASTES

1. The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area caused by dumping from vessels, aircraft, or man-

made structures at sea, including the effective

application of the relevant internationally recognized

rules and procedures relating to the control of dumping

of wastes and other matter. The Parties agree to prohibit

the dumping of radioactive wastes or other radioactive

matter in the Convention Area. Without prejudice to

whether or not disposal into the seabed and subsoil of

wastes or other matter is "dumping", the Parties agree to

prohibit the disposal into the seabed and subsoil of the

Convention Area of radioactive wastes or other

radioactive matter.

2. This article shall also apply to the continental shelf

of a Party where it extends, in accordance with

international law, outward beyond the Convention Area .

Article 11

STORAGE OF TOXIC AND HAZARDOUS WASTES

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area resulting from the storage of toxic and hazardous

wastes. In particular, the Parties shall prohibit the

storage of radioactive wastes or other radioactive matter

in the Convention Area.

Article 12

TESTING OF NUCLEAR DEVICES

The Parties shall take all appropriate measures to

prevent, reduce and control pollution in the Convention

Area which might result from the testing of nuclear

devices.

Article 13

MINING AND COASTAL EROSION

The Parties shall take all appropriate measures to

prevent, reduce and control environmental damage in the

Convention Area, in particular coastal erosion caused by

coastal engineering, mining activities, sand removal,

land reclamation and dredging.

Article 14

SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA

AND FAUNA

The Parties shall, individually or jointly, take all

appropriate measures to protect and preserve rare or

fragile ecosystems and depleted, threatened or endangered

flora and fauna as well as their habitat in the

Convention Area. To this end, the Parties shall, as

appropriate, establish protected areas, such as parks and

reserves, and prohibit or regulate any activity likely to

have adverse effects on the species, ecosystems or

biological processes that such areas are designed to

protect. The establishment of such areas shall not affect

the rights of other Parties or third States under

international law. In addition, the Parties shall

exchange information concerning the administration and

management of such areas.

Article 15

CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY

1. The Parties shall co-operate in taking all necessary

measures to deal with pollution emergencies in the

Convention Area, whatever the cause of such emergencies,

and to prevent, reduce and control pollution or the

threat of pollution resulting therefrom. To this end, the

Parties shall develop and promote individual contingency

plans and joint contingency plans for responding to

incidents involving pollution or the threat thereof in

the Convention Area.

2. When a 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

countries and territories it deems likely to be affected

by such pollution, as well as the Organisation.

Furthermore it shall inform as soon as feasible, such

other countries and territories and the Organisation of

any measures it has itself taken to reduce or control

pollution or the threat thereof.

Article 16

ENVIRONMENTAL IMPACT ASSESSMENT

1. The Parties agree to develop and maintain, with the

assistance of competent global, regional and subregional

organisations as requested, technical guidelines and

legislation giving adequate emphasis to environmental and

social factors to facilitate balanced development of

their natural resources and planning of their major

projects which might affect the marine environment in

such a way as to prevent or minimise harmful impacts on

the Convention Area.

2. Each Party shall, within its capabilities, assess the

potential effects of such projects on the marine

environment, so that appropriate measures can be taken to

prevent any substantial pollution of, or significant and

harmful changes within, the Convention Area.

3. With respect to the assessment referred to in

paragraph 2, each Party shall, where appropriate, invite:

(a) public comment according to its national procedures;

(b) other Parties that may be affected to consult with it

and submit comments.

The results of these assessments shall be communicated to

the Organisation, which shall make them available to

interested Parties.

Article 17

SCIENTIFIC AND TECHNICAL CO-OPERATION

1. The Parties shall co-operate, either directly or with

the assistance of competent global, regional and sub-

regional organisations, in scientific research,

environmental monitoring, and the exchange of data and

other scientific and technical information related to the

purposes of the Convention.

2. In addition, the Parties shall, for the purposes of

this Convention, develop and co-ordinate research and

monitoring programmes relating to the Convention Area and

co-operate, as far as practicable. in the establishment

and implementation of regional, sub-regional and

international research programmes.

Article 18

TECHNICAL AND OTHER ASSISTANCE

The Parties undertake to co-operate, directly and

when appropriate through the competent global, regional

and sub-regional organisations, in the provision to other

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 island developing countries and territories.

Article 19

TRANSMISSION OF INFORMATION

The Parties shall transmit to the Organisation

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 Parties may determine.

Article 20

LIABILITY AND COMPENSATION

The Parties shall co-operate in the formulation and

adoption of appropriate rules and procedures in

conformity with international law in respect of liability

and compensation for damage resulting from pollution of

the Convention Area.

Article 21

INSTITUTIONAL ARRANGEMENTS

1. The Organisation shall be responsible for carrying out

the following secretariat functions:

(a) to prepare and convene the meetings of Parties;

(b) to transmit to the Parties notifications, reports and

other information received in accordance with this

Convention and its Protocols;

Protocols to this Convention;

(d) to consider enquiries by, and information from, the

Parties and to consult with them on questions relating to

this Convention and the Protocols;

(e) to co-ordinate the implementation of cooperative

activities agreed upon by the Parties;

(f) to ensure the necessary co-ordination with other

competent global, regional and sub-regional bodies;

(g) to enter into such administrative arrangements as may

be required for the effective discharge of the

secretariat functions;

(h) to perform such other functions as may be assigned to

it by the Parties; and

(i) to transmit to the South Pacific Conference and the

South Pacific Forum the reports of ordinary and

extraordinary meetings of the Parties.

2. Each Party shall designate an appropriate national

authority to serve as the channel of communication with

the Organisation for the purposes of this Convention.

Article 22

MEETINGS OF THE PARTIES

1. The Parties shall hold ordinary meetings once every

two years. Ordinary meetings shall review the

implementation of this Convention and its Protocols and,

in particular, shall:

(a) assess periodically the state of the environment in

the Convention Area;

(b) consider the information submitted by the Parties

under Article 19;

Convention and to its Protocols, in accordance with the

provisions of Article 25;

(d) make recommendations regarding the adoption of any

Protocols or any amendments to this Convention or its

Protocols in accordance with the provisions of Articles

23 and 24;

(e) establish working groups as required to consider any

matters concerning this Convention and its Protocols;

(f) 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) consider and undertake any additional action that may

be required for the achievement of the purposes of this

Convention and its Protocols; and

(h) adopt by consensus financial rules and budget

prepared in consultation with the Organisation, to

determine, inter alia, the financial participation of the

Parties under this Convention and those Protocols to

which they are party.

2. The Organisation shall convene the first ordinary

meeting of the Parties not later than one year after the

date on which the Convention enters into force in

accordance with Article 31.

3. Extraordinary meetings shall be convened at the

request of any Party or upon the request of the

Organisation, provided that such requests are supported

by at least two-thirds of the Parties. It shall be the

function of an extraordinary meeting of the Parties to

consider those items proposed in the request for the

holding of the extraordinary meeting and any other items

agreed to by all the Parties attending the meeting.

4. The Parties shall adopt by consensus at their first

ordinary meeting, rules of procedure for their meetings.

Article 23

ADOPTION OF PROTOCOLS

1. The Parties may, at a conference of plenipotentiaries,

adopt Protocols to this Convention pursuant to paragraph

3 of Article 5.

2. If so requested by a majority of the Parties, the

Organisation shall convene a conference of

plenipotentiaries for the purpose of adopting Protocols

to this Convention.

Article 24

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

1. Any Party may propose amendments to this Convention.

Amendments shall be adopted by a conference of

plenipotentiaries which shall be convened by the

Organisation at the request of two-thirds of the Parties.

2. Any 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 Organisation at the request of two-thirds of the

Parties to the Protocol concerned.

3. A proposed amendment to the Convention or any Protocol

shall be communicated to the Organisation which shall

promptly transmit such proposal for consideration to all

the other Parties.

4. A conference of plenipotentiaries to consider a

proposed amendment to the Convention or any Protocol

shall be convened not less than ninety days after the

requirements for the convening of the Conference have

been met pursuant to paragraphs 1 or 2, as the case may

be.

5. Any amendment to this Convention shall be adopted by a

three-fourths majority vote of the Parties to the

Convention which are represented at the conference of

plenipotentiaries and shall be submitted by the

Depositary for acceptance by all Parties to the

Convention. Amendments to any Protocol shall be adopted

by a three-fourths majority vote of the Parties to the

Protocol which are represented at the conference of

plenipotentiaries and shall be submitted by the

Depositary for acceptance by all Parties to the Protocol.

6. Instruments of ratification, acceptance or approval of

amendments shall be deposited with the Depositary.

Amendments shall enter into force between Parties having

accepted such amendments of the instruments on the

thirtieth day following the date of receipt by the

Depositary of the instruments of at least three-fourths

of the Parties to this Convention or to the Protocol

concerned, as the case may be. Thereafter the amendments

shall enter into force for any other Party on the

thirtieth day after the date on which that Party deposits

its instrument.

7. After the entry into force of an amendment to this

Convention or to a Protocol, any new Party to the

Convention or such Protocol shall become a Party to the

Convention or Protocol as amended.

Article 25

ANNEXES AND AMENDMENT OF ANNEXES

1. Annexes to this Convention or to any Protocol shall

form an integral part of the Convention or such Protocol

respectively.

2. Except as may be otherwise provided in any Protocol

with respect to its annexes, the following procedures

shall apply to the adoption and entry into force of any

amendments to annexes to this Convention or to annexes to

any Protocol:

(a) any Party may propose amendments to the annexes to

this Convention or annexes to any Protocol;

(b) any proposed amendment shall be notified by the

Organisation to the Parties not less than sixty days

before the convening of a meeting of the Parties unless

this requirement is waived by the meeting;

Parties by a three-fourths majority vote of the Parties

to the instrument in question;

(d) the Depositary shall without delay communicate the

amendments so adopted to all Parties;

(e) any Party that is unable to approve an amendment to

the annexes to this Convention or to annexes to any

Protocol shall so notify in writing to the Depositary

within one hundred days from the date of the

communication of the amendment by the Depositary. A 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;

(f ) the Depositary shall without delay notify all

Parties of any notification received pursuant to the

preceding sub-paragraph; and

(g) on expiry of the period referred to in subparagraph

(e) above, the amendment to the annex shall become

effective for all Parties to this Convention or to the

Protocol concerned which have not submitted a

notification in accordance with the provisions of that

sub-paragraph.

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 as set

out in the provisions of paragraph 2, provided that, if

any amendment to the Convention or the Protocol concerned

is involved, the new annex shall not enter into force

until such time as that amendment enters into force.

4. Amendments to the Annex on Arbitration shall be

considered to be amendments to this Convention or its

Protocols and shall be proposed and adopted in accordance

with the procedures set out in Article 24.

Article 26

SETTLEMENT OF DISPUTES

1. In case of a dispute between 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. If the Parties concerned cannot reach

agreement, they should seek the good offices of, or

jointly request mediation by, a third Party.

2. If the Parties concerned cannot settle their dispute

through the means mentioned in paragraph 1, the dispute

shall, upon common agreement except as may be otherwise

provided in any Protocol to this Convention, be submitted

to arbitration under conditions laid down in the Annex on

Arbitration to this Convention. However, failure to reach

common agreement on submission of the dispute to

arbitration shall not absolve the Parties from the

responsibility of continuing to seek to resolve it by

means referred to in paragraph 1.

3. A Party may at any time declare that it recognizes as

compulsory ipso facto and without special agreement, in

relation to any other Party accepting the same

obligation, the application of the arbitration procedure

set out in the Annex on Arbitration. Such declaration

shall be notified in writing to the Depositary who shall

promptly communicate it to the other Parties.

Article 27

RELATIONSHIP BETWEEN THIS CONVENTION AND ITS PROTOCOLS

1. No State may become a Party to this Convention unless

it becomes at the same time a Party to one or more

Protocols. No State may become a Party to a Protocol

unless it is, or becomes at the same time, a Party to

this Convention.

2. Decisions concerning any Protocol pursuant to Articles

22, 24 and 25 of this Convention shall be taken only by

the Parties to the Protocol concerned.

Article 28

SIGNATURE

This Convention, the Protocol Concerning Cooperation

in Combating Pollution Emergencies in the South Pacific

Region, and the Protocol for the Prevention of Pollution

of the South Pacific Region by Dumping shall be open for

signature at the South Pacific Commission Headquarters in

Noumea, New Caledonia on 25 November 1986 and at the

South Pacific Bureau for Economic Co-operation

Headquarters, Suva, Fiji from 26 November 1986 to 25

November 1987 by States which were invited to participate

in the Plenipotentiary Meeting of the High Level

Conference on the Protection of the Natural Resources and

Environment of the South Pacific Region held at Noumea,

New Caledonia from 24 November 1986 to 25 November 1986.

Article 29

RATIFICATION, ACCEPTANCE OR APPROVAL

This Convention and any Protocol thereto shall be

subject to ratification, acceptance or approval by States

referred to in Article 28. Instruments of ratification,

acceptance or approval shall be deposited with the

Director who shall be the Depositary.

Article 30

ACCESSION

1. This Convention and any Protocol hereto shall be open

to accession by the States referred to in Article 28 as

from the day following the date on which the Convention

or Protocol concerned was closed for signature.

2. Any State not referred to in paragraph 1 may accede to

the Convention and to any Protocol subject to prior

approval by three-fourths of the Parties to the

Convention or the Protocol concerned.

3. Instruments of accession shall be deposited with the

Depositary.

Article 31

ENTRY INTO FORCE

1. This Convention shall enter into force on the

thirtieth day following the date of deposit of at least

ten instruments of ratification, acceptance, approval or

accession.

2. Any 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 at least

five instruments of ratification, acceptance or approval

of such Protocol, or of accession thereto, provided that

no Protocol shall enter into force before the Convention.

Should the requirements for entry into force of a

Protocol be met prior to those for entry into force of

the Convention pursuant to paragraph 1, such Protocol

shall enter into force on the same date as the

Convention.

3. Thereafter, this Convention and any Protocol shall

enter into force with respect to any State referred to in

Articles 28 or 30 on the thirtieth day following the date

of deposit of its instrument of ratification, acceptance,

approval or accession.

Article 32

DENUNCIATION

1. At any time after two years from the date of entry

into force of this Convention with respect to a Party,

that 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 Party may, at any time after two

years from the date of entry into force of such Protocol

with respect to that Party, denounce the Protocol by

giving written notification to the Depositary.

3. Denunciation shall take effect ninety days after the

date on which notification of denunciation is received by

the Depositary.

4. Any Party which denounces this Convention shall be

considered as also having denounced any Protocol to which

it was a Party.

5. Any Party which, upon its denunciation of a Protocol

is no longer a Party to any Protocol to this Convention,

shall be considered as also having denounced this

Convention.

Article 33

RESPONSIBILITIES OF THE DEPOSITARY

1. The Depositary shall inform the Parties, as well as

the Organisation

(a) of the signature of this Convention and of any

Protocol thereto and of the deposit of instruments of

ratification, acceptance, approval, or accession in

accordance with Articles 29 and 30;

(b) of the date on which the Convention and any Protocol

will come into force in accordance with the provisions of

Article 31;

with Article 32;

(d) of notification of any addition to the Convention

Area in accordance with Article 3;

(e) of the amendments adopted with respect to the

Convention and to any Protocol, their acceptance by the

Parties and the date of their entry into force in

accordance with the Provisions of Article 24; and

(f) of the adoption of new annexes and of the amendments

of any annex in accordance with Article 25.

2. The original of this Convention and of any Protocol

thereto shall be deposited with the Depositary who shall

send certified copies thereof to the Signatories, the

Parties, to the Organisation and to the Secretary-General

of the United Nations for registration and publication in

accordance with Article 102 of the United Nations

Charter.

In witness whereof the undersigned, being duly

authorised by their respective Governments, have signed

this Convention.

Done at Noumea, New Caledonia on the twenty-fourth

day of November in the year one thousand nine hundred and

eighty-six in a 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 26 of the

Convention provides otherwise, the arbitration procedure

shall be in accordance with the rules set out in this

Annex.

Article 2

The claimant Party shall notify the Organisation that

the Parties have agreed to submit the dispute to

arbitration pursuant to paragraph 2, or that paragraph 3

of Article 26 of the Convention is applicable. The

notification shall state the subject matter of the

arbitration and include the provisions of the Convention

or any Protocol thereto, the interpretation or

application of which is the subject of disagreement. The

Organisation shall transmit this information to all

Parties to the Convention or Protocol concerned.

Article 3

1. The Tribunal shall consist of a single arbitrator if

so agreed between the Parties to the dispute within

thirty days from the date of receipt of the notification

for arbitration.

2. In the case of the death, disability or default of the

arbitrator, the Parties to a dispute may agree upon a

replacement within thirty days of such death, disability

or default.

Article 4

1. Where the Parties to a dispute do not agree upon a

Tribunal in accordance with Article 3 of this Annex, the

Tribunal shall consist of three members:

(i) one arbitrator nominated by each Party to the

dispute,

(ii) a third arbitrator who shall be nominated by

agreement between the two first named and who shall act

as its Chairman.

2. If the Chairman of a Tribunal is not nominated within

thirty days of nomination of the second arbitrator, the

Parties to a dispute shall, upon the request of one

Party, submit to the Secretary-General of the

Organisation within a further period of thirty days, an

agreed list of qualified persons. The Secretary-General

shall select the Chairman from such list as soon as

possible. He shall not select a Chairman who is, or has

been, a national of one Party to the dispute except with

the consent of the other Party to the dispute.

3. If one Party to a dispute fails to nominate an

arbitrator as provided in subparagraph l(i) within sixty

days from the date of receipt of the notification for

arbitration, the other Party may request the submission

to the Secretary-General of the Organisation within a

period of thirty days of an agreed list of qualified

persons. The Secretary-General shall select the Chairman

of the Tribunal from such list as soon as possible. The

Chairman shall then request the Party which has not

nominated an arbitrator to do so. If this Party does not

nominate an arbitrator within fifteen days of such

request, the Secretary-General shall, upon request of the

Chairman, nominate the arbitrator from the agreed list of

qualified persons.

4. In the case of the death, disability or default of an

arbitrator, the Party to the dispute who nominated him

shall nominate a replacement within thirty days of such

death, disability or default. If the Party does not

nominate a replacement, the arbitration shall proceed

with the remaining arbitrators. In the case of the death,

disability or default of the Chairman, a replacement

shall be nominated in accordance with paragraphs 1(ii)

and 2 within ninety days of such death, disability or

default.

5. A list of arbitrators shall be maintained by the

Secretary-General of the Organisation and composed of

qualified persons nominated by the Parties. Each Party

may designate for inclusion in the list four persons who

shall not necessarily be its nationals. If the Parties to

the dispute have failed within the specified time limits

to submit to the Secretary-General an agreed list of

qualified persons as provided for in paragraphs 2, 3 and

4, the Secretary-General shall select from the list

maintained by him the arbitrator or arbitrators not yet

nominated.

Article 5

The Tribunal may hear and determine counter-claims

arising directly out of the subject matter of the

dispute.

Article 6

The Tribunal may, at the request of one of the

Parties to the dispute, recommend interim measures of

protection.

Article 7

Each Party to the dispute shall be responsible for

the costs entailed by the preparation of its own case.

The remuneration of the members of the Tribunal and of

all general expenses incurred by the arbitration shall be

borne equally by the Parties to the dispute. The Tribunal

shall keep a record of all its expenses and shall furnish

a final statement thereof to the Parties.

Article 8

Any Party which has an interest of a legal nature

which may be affected by the decision in the case may,

after giving written notice to the Parties to the dispute

which have originally initiated the procedure, intervene

in the arbitration procedure with the consent of the

Tribunal which should be freely given. Any intervenor

shall participate at its own expense. Any such intervenor

shall have the right to present evidence, briefs and oral

arguments on the matter giving rise to its intervention,

in accordance with procedures established pursuant to

Article 9 of this Annex but shall have no rights with

respect to the composition of the Tribunal.

Article 9

A Tribunal established under the provisions of this

Annex shall decide its own rules of procedure.

Article 10

1. Unless a Tribunal consists of a single arbitrator,

decisions of the Tribunal as to its procedure, its place

of meeting, and any question related to the dispute laid

before it, shall be taken by majority vote of its

members. However, the absence or abstention of any member

of the Tribunal who was nominated by a Party to the

dispute shall not constitute an impediment to the

Tribunal reaching a decision. In case of equal voting,

the vote of the Chairman shall be decisive.

2. The Parties to the dispute shall facilitate the work

of the Tribunal and in particular shall, in accordance

with their legislation and using all means at their

disposal:

(i) provide the Tribunal with all necessary documents

and information; and

(ii) enable the Tribunal to enter their territory to

hear witnesses or experts, and to visit the scene of the

subject matter of the arbitration.

3. The failure of a Party to the dispute to comply with

the provisions of paragraph 2 or to defend its case shall

not preclude the Tribunal from reaching a decision and

rendering an award.

Article 11

The Tribunal shall render its award within five

months from the time it is established unless it finds it

necessary to extend that time limit for a period not to

exceed five months. The award of the Tribunal shall be

accompanied by a statement of reasons for the decision.

It shall be final and without appeal and shall be

communicated to the Secretary-General of the Organisation

who shall inform the Parties. The Parties to the dispute

shall immediately comply with the award.