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Paragraphs in "Convention On Fishing And Conservation Of The Living Resources Of The High Seas" coded as SBF

Label Provision
Art.9 Article 9
Art.9.1 1. Any dispute which may arise between States under Articles 4, 5, 6, 7 and 8 shall, at the request of any of the parties, be submitted for settlement to a special commission of five members, unless the parties agree to seek a solution by another method of peaceful settlement, as provided for in Article 33 of the Charter of the United Nations.
Art.9.2 2. The members of the commission, one of whom shall be designated as chairman, shall be named by agreement between the States in dispute within three months of the request for settlement in accordance with the provisions of this Article. Failing agreement they shall, upon the request of any State party, be named by the Secretary-General of the United Nations, within a further three-month period, in consultation with the States in dispute and with the President of the International Court of Justice and the Director-General of the Food and Agriculture Organization of the United Nations, from amongst well-qualified persons being nationals of States not involved in the dispute and specializing in legal, administrative or scientific questions relating to fisheries, depending upon the nature of the dispute to be settled. Any vacancy arising after the original appointment shall be filled in the same manner as provided for the initial selection.
Art.9.3 3. Any State party to proceedings under these Articles shall have the right to name one of its nationals to the special commission, with the right to participate fully in the proceedings on the same footing as a member of the commission but without the right to vote or to take part in the writing of the commission's decision.
Art.9.4 4. The commission shall determine its own procedure, assuring each party to the proceedings a full opportunity to he heard and to present its case. It shall also determine how the costs and expenses shall be divided between the parties to the dispute, failing agreement by the parties on this matter.
Art.9.5 5. The special commission shall render its decision within a period of five months from the time it is appointed unless it decides, in case of necessity, to extend the time limit for a period not exceeding three months.
Art.9.6 6. The special commission shall, in reaching its decisions, adhere to these Articles and to any special agreements between the disputing parties regarding settlement of the dispute.
Art.9.7 7. Decisions of the commission shall be by majority vote.
Art.10 Article 10
Art.10.1 1. The special commission shall, in disputes arising under Article 7, apply the criteria listed in paragraph 2 of that Article. In disputes under Articles 4, 5, 6 and 8 the commission shall apply the following criteria, according to the issues involved in the dispute:
Art.10.1.a (a) Common to the determination of disputes arising under Article 4, 5 and 6 are the requirements:
Art.10.1.a.i (i) That scientific findings demonstrate the necessity of conservation measures;
Art.10.1.a.ii (ii) That the specific measures are based on scientific findings and are practicable; and
Art.10.1.a.iii (iii) That the measures do not discriminate, in form or in fact, against fishermen of other States.
Art.10.1.b (b) Applicable to the determination of disputes arising under Article 8 is the requirement that scientific findings demonstrate the necessity for conservation measures, or that the conservation program is adequate, as the case may be.
Art.10.2 2. The special commission may decide that pending its award the measures in dispute shall not be applied, provided that, in the case of disputes under Article 7, the measures shall only be suspended when it is apparent to the commission on the basis of prima facie evidence that the need for the urgent application of such measures does not exist.
Art.11 Article 11
Art.11.1x The decisions of the special commission shall be binding on the States concerned and the provisions of paragraph 2 of Article 94 of the Charter of the United Nations shall be applicable to those decisions. If the decisions are accompanied by any recommendations, they shall receive the greatest possible consideration.