1 UN Doc. A/CoNF.62/Rev.2, Part IV, Nov. 23, 1976 (hereinafter cited as RSNT, Part IV).

2 As distinguished from Parts I, II, and III which were prepared by the Chairman of each of the Main Committees of the Law of the Sea Conference, Part IV on Settlement of Disputes was produced by the President of the Conference. Parts I, II, and III of the RSNT appear as UN Doc. A/CoNF.62/WP.8/Rev.l, May 6, 1976. This document, as well as an earlier version of Part IV (UN Doc. A/CoNF.62/WP.9/Rev.l, May 6, 1976) can be found in 5 Third UN Conference on The Law of The Sea, off. Rec, Fourth Session, New York, 15 March–7 May 1976 (hereinafter cited as 5 LOS Off. Rec). See also 15 ILM 61 (1976). For further discussion on the RSNT, see B. H. Oxman, The Third United Nations Conference on the Law of the Sea: the 1976 New York Sessions in this issue of the Journal, supra p. 247.

3 This subject of exclusions to third–party settlement procedures was treated in Article 18 of the earlier version of the text (see UN Doc. A/CoNF.62/WP.9/Rev.l, supra note 2). The numbering of the articles in the “Rev.2” version has been changed and the subject is now treated under Article 17 because draft Article 14 on the rule of exhaustion of local remedies, contained in the “Rev.l” version, has now been dropped. The abandonment of the local remedies rule does not, however, mean that the rule would not apply in appropriate cases. It is the view of this writer that the requirement of exhaustion of local remedies as a precondition for international proceedings would still apply, as a customary rule of international law, in the relevant circumstances under the Convention, even if the Convention chooses to remain silent about it.

4 There are also optional exceptions which a state may make by declaration as provided for under Article 18 as follows:

• 1.

  1. A Contracting Party when ratifying or otherwise expressing its consent to be bound by the present Convention, or at any time thereafter, may declare that it does not accept any one or more of the procedures for the settlement of disputes specified in Section II with respect to one or more of the following categories of disputes:

  • (a)

    (a) disputes concerning sea boundary delimitations between adjacent or opposite States, or those involving historic bays or titles, provided that the State making such a declaration shall indicate therein a regional or other third party procedure, entailing a binding decision, which it accepts for the settlement of such disputes;

  • (b)

    (b) disputes concerning military activities, including those by government vessels and aircraft engaged in non–commercial service, provided that law enforcement activities pursuant to the present Convention shall not be considered military activities;

  • (c)

    (c) disputes in respect of which the Security Council of the United Nations, while exercising the functions assigned to it by the Charter of the United Nations, determines that specified proceedings under the present Convention interfere with the exercise of such functions in a particular case.

5 Cf. the exceptions under Article 18(1)(a), supra note 4.

6 See UN Doc. A/CoNF.62/WP.8/Rev.1, Part II, in 5 LOS Off. Rec, supra note 2, at 160.

7 Id. 164.

8 Id. 160.

9 Id. 161.

10 Id. 160.

11 Under Article 44 paragraph 1(c) of Part II, scientific research is an activity over which a coastal state exercises “exclusive jurisdiction,” together with the other activities for economic exploitation and exploration mentioned in that sub–paragraph. The extent of coastal state power over scientific research is accordingly different from that over the preservation of the marine environment with respect to which a coastal state only exercises “jurisdiction.” A question may rightly be asked why Part IV, nevertheless, puts both scientific research and the preservation of the marine environment in the same category by making state conduct regarding them subject to compulsory procedures. This treatment may be seen as obliterating the deliberate distinction made between the extent of coastal state powers over scientific research (exclusive jurisdiction ) and over preservation of the marine environment (jurisdiction).

The answer to this question seems to lie in the fact that Part III of the Convention which includes the substantive articles on the preservation of the marine environment and scientific research contains express provisions (Articles 76—77) for conciliation of disputes arising from the conduct of scientific research and for the settlement in accordance with Part IV of disputes not resolved by conciliation. . Thus, the present Part IV has made the choice of treating the contravention of the international rules regarding scientific research in accordance with Part III, rather than the scheme of Part II under Article 44. Providing for third–party settlement procedures for cases involving preservation of the marine environment is, however, consistent not only with the scheme of Part II, Article 44 itself but also with Part III, which by Article 46, applies the settlement system in Part IV to such matters.

12 See Articles 50 through 57 of Part II, supra note 2, at 161–63.

13 RSNT, Part IV, Art. 8, supra note 1.

14 Id. Art. 8(2).

15

Article 15

• 1.

  1. A Sea–Bed Disputes Chamber of the Tribunal shall be established, for dealing with disputes relating to the interpretation or application of the provisions of Part I of the present Convention, or of any rules or regulations enacted there–under, or of any contract, agreement or arrangement concluded pursuant to, or related to the purposes of, that Part.

• 2.

  2. The Sea–Bed Disputes Chamber shall be composed of 11 members, selected from among members of the Tribunal in such manner as shall be provided in Part I of the present Convention.

• 3.

  3. Notwithstanding any provisions of this Statute to the contrary, the jurisdiction, powers and functions of, and access to, the Sea–Bed Disputes Chamber shall be governed by the provisions of Part I of the present Convention. Id. 23.

16 The choices include: The Law of the Sea Tribunal, The International Court of Justice, Arbitration, and Special Arbitration Procedures.