Amendments To The Convention On The Prevention Of Marine Pollution By Dumping Of Wastes And Other Matter Concerning Settlement Of Disputes

Filename: 1978-Amendment-1972-MarinePollutionDumpingWastesOtherMatter.EN.txt



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.


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.