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Art.3 |
Article III |
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Art.3.1x |
When a coastal State is exercising the right to take measures in accordance with Article I, the following provisions shall apply: |
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Art.3.1x.a |
(a) before taking any measures, a coastal State shall proceed to consultations with other States affected by the maritime casualty, particularly with the flag State or States; |
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Art.3.1x.b |
(b) the coastal State shall notify without delay the proposed measures to any persons physical or corporate known to the coastal State, or made known to it during the consultations, to have interests which can reasonably be expected to be affected by those measures. The coastal State shall take into account any views they may submit; |
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Art.3.1x.c |
(c) before any measure is taken, the coastal State may proceed to a consultation with independent experts, whose names shall be chosen from a list maintained by the Organization; |
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Art.3.1x.d |
(d) in cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun; |
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Art.3.1x.e |
(e) a coastal State shall, before taking such measures and during their course, use its best endeavours to avoid any risk to human life, and to afford persons in distress any assistance of which they may stand in need, and in appropriate cases to facilitate repatriation of ships' crews, and to raise no obstacle thereto; |
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Art.3.1x.f |
(f) measures which have been taken in application of Article I shall be notified without delay to the States and to the known physical or corporate persons concerned, as well as to the Secretary-General of the Organization. |
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Art.5 |
Article V |
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Art.5.1 |
1. Measures taken by the coastal State in accordance with Article I shall be proportionate to the damage actual or threatened to it. |
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Art.5.2 |
2. Such measures shall not go beyond what is reasonably necessary to achieve the end mentioned in Article I and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag State, third States and of any persons, physical or corporate, concerned. |
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Art.5.3 |
3. In considering whether the measures are proportionate to the damage, account shall be taken of: |
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Art.5.3.a |
(a) the extent and probability of imminent damage if those measures are not taken; and |
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Art.5.3.b |
(b) the likelihood of those measures being effective; and |
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Art.5.3.c |
(c) the extent of the damage which may be caused by such measures. |
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Art.6 |
Article VI |
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Art.6.1x |
Any party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in Article I. |
