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

Label Provision
Art.6 Article 6
Art.6.1 1. A coastal State has a special interest in the maintenance of the productivity of the living resources in any area of the high seas adjacent to its territorial sea.
Art.6.2 2. A coastal State is entitled to take part on an equal footing in any system of research and regulation for purposes of conservation of the living resources of the high seas in that area, even though its nationals do not carry on fishing there.
Art.6.3 3. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a coastal State shall, at the request of that coastal State, enter into negotiations with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area.
Art.6.4 4. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a coastal State shall not enforce conservation measures in that area which are opposed to those which have been adopted by the coastal State, but may enter into negotiations with the coastal State with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area.
Art.6.5 5. If the States concerned do not reach agreement with respect to conservation measures within twelve months, any of the parties may initiate the procedure contemplated by Article 9.
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.
Art.12 Article 12
Art.12.1 1. If the factual basis of the award of the special commission is altered by substantial changes in the conditions of the stock or stocks of fish or other living marine resources or in methods of fishing, any of the States concerned may request the other States to enter into negotiations with a view to prescribing by agreement the necessary modifications in the measures of conservation.
Art.12.2 2. If no agreement is reached within a reasonable period of time, any of the States concerned may again resort to the procedure contemplated by Article 9 provided that at least two years have elapsed from the original award.