CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to protect and preserve rare or
fragile ecosystems and depleted, threatened or endangered
flora and fauna as well as their habitat in the
Convention Area. To this end, the Parties shall, as
appropriate, establish protected areas, such as parks and
reserves, and prohibit or regulate any activity likely to
have adverse effects on the species, ecosystems or
biological processes that such areas are designed to
protect. The establishment of such areas shall not affect
the rights of other Parties or third States under
international law. In addition, the Parties shall
exchange information concerning the administration and
management of such areas.
Article 15
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the
Convention Area, whatever the cause of such emergencies,
and to prevent, reduce and control pollution or the
threat of pollution resulting therefrom. To this end, the
Parties shall develop and promote individual contingency
plans and joint contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention Area.
2. When a Party becomes aware of a case in which the
Convention Area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other
countries and territories it deems likely to be affected
by such pollution, as well as the Organisation.
Furthermore it shall inform as soon as feasible, such
other countries and territories and the Organisation of
any measures it has itself taken to reduce or control
pollution or the threat thereof.
Article 16
ENVIRONMENTAL IMPACT ASSESSMENT
1. The Parties agree to develop and maintain, with the
assistance of competent global, regional and subregional
organisations as requested, technical guidelines and
legislation giving adequate emphasis to environmental and
social factors to facilitate balanced development of
their natural resources and planning of their major
projects which might affect the marine environment in
such a way as to prevent or minimise harmful impacts on
the Convention Area.
2. Each Party shall, within its capabilities, assess the
potential effects of such projects on the marine
environment, so that appropriate measures can be taken to
prevent any substantial pollution of, or significant and
harmful changes within, the Convention Area.
3. With respect to the assessment referred to in
paragraph 2, each Party shall, where appropriate, invite:
(a) public comment according to its national procedures;
(b) other Parties that may be affected to consult with it
and submit comments.
The results of these assessments shall be communicated to
the Organisation, which shall make them available to
interested Parties.
Article 17
SCIENTIFIC AND TECHNICAL CO-OPERATION
1. The Parties shall co-operate, either directly or with
the assistance of competent global, regional and sub-
regional organisations, in scientific research,
environmental monitoring, and the exchange of data and
other scientific and technical information related to the
purposes of the Convention.
2. In addition, the Parties shall, for the purposes of
this Convention, develop and co-ordinate research and
monitoring programmes relating to the Convention Area and
co-operate, as far as practicable. in the establishment
and implementation of regional, sub-regional and
international research programmes.
Article 18
TECHNICAL AND OTHER ASSISTANCE
The Parties undertake to co-operate, directly and
when appropriate through the competent global, regional
and sub-regional organisations, in the provision to other
Parties of technical and other assistance in fields
relating to pollution and sound environmental management
of the Convention Area, taking into account the special
needs of the island developing countries and territories.
Article 19
TRANSMISSION OF INFORMATION
The Parties shall transmit to the Organisation
information on the measures adopted by them in the
implementation of this Convention and of Protocols to
which they are Parties, in such form and at such
intervals as the Parties may determine.
Article 20
LIABILITY AND COMPENSATION
The Parties shall co-operate in the formulation and
adoption of appropriate rules and procedures in
conformity with international law in respect of liability
and compensation for damage resulting from pollution of
the Convention Area.
Article 21
INSTITUTIONAL ARRANGEMENTS
1. The Organisation shall be responsible for carrying out
the following secretariat functions:
(a) to prepare and convene the meetings of Parties;
(b) to transmit to the Parties notifications, reports and
other information received in accordance with this
Convention and its Protocols;
(c) to perform the functions assigned to it by the
Protocols to this Convention;
(d) to consider enquiries by, and information from, the
Parties and to consult with them on questions relating to
this Convention and the Protocols;
(e) to co-ordinate the implementation of cooperative
activities agreed upon by the Parties;
(f) to ensure the necessary co-ordination with other
competent global, regional and sub-regional bodies;
(g) to enter into such administrative arrangements as may
be required for the effective discharge of the
secretariat functions;
(h) to perform such other functions as may be assigned to
it by the Parties; and
(i) to transmit to the South Pacific Conference and the
South Pacific Forum the reports of ordinary and
extraordinary meetings of the Parties.
2. Each Party shall designate an appropriate national
authority to serve as the channel of communication with
the Organisation for the purposes of this Convention.
Article 22
MEETINGS OF THE PARTIES
1. The Parties shall hold ordinary meetings once every
two years. Ordinary meetings shall review the
implementation of this Convention and its Protocols and,
in particular, shall:
(a) assess periodically the state of the environment in
the Convention Area;
(b) consider the information submitted by the Parties
under Article 19;
(c) adopt, review and amend as required annexes to this
Convention and to its Protocols, in accordance with the
provisions of Article 25;
(d) make recommendations regarding the adoption of any
Protocols or any amendments to this Convention or its
Protocols in accordance with the provisions of Articles
23 and 24;
(e) establish working groups as required to consider any
matters concerning this Convention and its Protocols;
(f) consider co-operative activities to be undertaken
within the framework of this Convention and its
Protocols, including their financial and institutional
implications and to adopt decisions relating thereto;
(g) consider and undertake any additional action that may
be required for the achievement of the purposes of this
Convention and its Protocols; and
(h) adopt by consensus financial rules and budget
prepared in consultation with the Organisation, to
determine, inter alia, the financial participation of the
Parties under this Convention and those Protocols to
which they are party.
2. The Organisation shall convene the first ordinary
meeting of the Parties not later than one year after the
date on which the Convention enters into force in
accordance with Article 31.
3. Extraordinary meetings shall be convened at the
request of any Party or upon the request of the
Organisation, provided that such requests are supported
by at least two-thirds of the Parties. It shall be the
function of an extraordinary meeting of the Parties to
consider those items proposed in the request for the
holding of the extraordinary meeting and any other items
agreed to by all the Parties attending the meeting.
4. The Parties shall adopt by consensus at their first
ordinary meeting, rules of procedure for their meetings.
Article 23
ADOPTION OF PROTOCOLS
1. The Parties may, at a conference of plenipotentiaries,
adopt Protocols to this Convention pursuant to paragraph
3 of Article 5.
2. If so requested by a majority of the Parties, the
Organisation shall convene a conference of
plenipotentiaries for the purpose of adopting Protocols
to this Convention.
Article 24
AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS
1. Any Party may propose amendments to this Convention.
Amendments shall be adopted by a conference of
plenipotentiaries which shall be convened by the
Organisation at the request of two-thirds of the Parties.
2. Any Party to this Convention may propose amendments to
any Protocol. Such amendments shall be adopted by a
conference of plenipotentiaries which shall be convened
by the Organisation at the request of two-thirds of the
Parties to the Protocol concerned.
3. A proposed amendment to the Convention or any Protocol
shall be communicated to the Organisation which shall
promptly transmit such proposal for consideration to all
the other Parties.
4. A conference of plenipotentiaries to consider a
proposed amendment to the Convention or any Protocol
shall be convened not less than ninety days after the
requirements for the convening of the Conference have
been met pursuant to paragraphs 1 or 2, as the case may
be.
5. Any amendment to this Convention shall be adopted by a
three-fourths majority vote of the Parties to the
Convention which are represented at the conference of
plenipotentiaries and shall be submitted by the
Depositary for acceptance by all Parties to the
Convention. Amendments to any Protocol shall be adopted
by a three-fourths majority vote of the Parties to the
Protocol which are represented at the conference of
plenipotentiaries and shall be submitted by the
Depositary for acceptance by all Parties to the Protocol.
6. Instruments of ratification, acceptance or approval of
amendments shall be deposited with the Depositary.
Amendments shall enter into force between Parties having
accepted such amendments of the instruments on the
thirtieth day following the date of receipt by the
Depositary of the instruments of at least three-fourths
of the Parties to this Convention or to the Protocol
concerned, as the case may be. Thereafter the amendments
shall enter into force for any other Party on the
thirtieth day after the date on which that Party deposits
its instrument.
7. After the entry into force of an amendment to this
Convention or to a Protocol, any new Party to the
Convention or such Protocol shall become a Party to the
Convention or Protocol as amended.
Article 25
ANNEXES AND AMENDMENT OF ANNEXES
1. Annexes to this Convention or to any Protocol shall
form an integral part of the Convention or such Protocol
respectively.
2. Except as may be otherwise provided in any Protocol
with respect to its annexes, the following procedures
shall apply to the adoption and entry into force of any
amendments to annexes to this Convention or to annexes to
any Protocol:
(a) any Party may propose amendments to the annexes to
this Convention or annexes to any Protocol;
(b) any proposed amendment shall be notified by the
Organisation to the Parties not less than sixty days
before the convening of a meeting of the Parties unless
this requirement is waived by the meeting;
(c) such amendments shall be adopted at a meeting of the
Parties by a three-fourths majority vote of the Parties
to the instrument in question;
(d) the Depositary shall without delay communicate the
amendments so adopted to all Parties;
(e) any Party that is unable to approve an amendment to
the annexes to this Convention or to annexes to any
Protocol shall so notify in writing to the Depositary
within one hundred days from the date of the
communication of the amendment by the Depositary. A Party
may at any time substitute an acceptance for a previous
declaration of objection, and the amendment shall
thereupon enter into force for that Party;
(f ) the Depositary shall without delay notify all
Parties of any notification received pursuant to the
preceding sub-paragraph; and
(g) on expiry of the period referred to in subparagraph
(e) above, the amendment to the annex shall become
effective for all Parties to this Convention or to the
Protocol concerned which have not submitted a
notification in accordance with the provisions of that
sub-paragraph.
3. The adoption and entry into force of a new annex shall
be subject to the same procedure as that for the adoption
and entry into force of an amendment to an annex as set
out in the provisions of paragraph 2, provided that, if
any amendment to the Convention or the Protocol concerned
is involved, the new annex shall not enter into force
until such time as that amendment enters into force.
4. Amendments to the Annex on Arbitration shall be
considered to be amendments to this Convention or its
Protocols and shall be proposed and adopted in accordance
with the procedures set out in Article 24.
Article 26
SETTLEMENT OF DISPUTES
1. In case of a dispute between Parties as to the
interpretation or application of this Convention or its
Protocols, they shall seek a settlement of the dispute
through negotiation or any other peaceful means of their
own choice. If the Parties concerned cannot reach
agreement, they should seek the good offices of, or
jointly request mediation by, a third Party.
2. If the Parties concerned cannot settle their dispute
through the means mentioned in paragraph 1, the dispute
shall, upon common agreement except as may be otherwise
provided in any Protocol to this Convention, be submitted
to arbitration under conditions laid down in the Annex on
Arbitration to this Convention. However, failure to reach
common agreement on submission of the dispute to
arbitration shall not absolve the Parties from the
responsibility of continuing to seek to resolve it by
means referred to in paragraph 1.
3. A Party may at any time declare that it recognizes as
compulsory ipso facto and without special agreement, in
relation to any other Party accepting the same
obligation, the application of the arbitration procedure
set out in the Annex on Arbitration. Such declaration
shall be notified in writing to the Depositary who shall
promptly communicate it to the other Parties.
Article 27
RELATIONSHIP BETWEEN THIS CONVENTION AND ITS PROTOCOLS
1. No State may become a Party to this Convention unless
it becomes at the same time a Party to one or more
Protocols. No State may become a Party to a Protocol
unless it is, or becomes at the same time, a Party to
this Convention.
2. Decisions concerning any Protocol pursuant to Articles
22, 24 and 25 of this Convention shall be taken only by
the Parties to the Protocol concerned.
Article 28
SIGNATURE
This Convention, the Protocol Concerning Cooperation
in Combating Pollution Emergencies in the South Pacific
Region, and the Protocol for the Prevention of Pollution
of the South Pacific Region by Dumping shall be open for
signature at the South Pacific Commission Headquarters in
Noumea, New Caledonia on 25 November 1986 and at the
South Pacific Bureau for Economic Co-operation
Headquarters, Suva, Fiji from 26 November 1986 to 25
November 1987 by States which were invited to participate
in the Plenipotentiary Meeting of the High Level
Conference on the Protection of the Natural Resources and
Environment of the South Pacific Region held at Noumea,
New Caledonia from 24 November 1986 to 25 November 1986.
Article 29
RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any Protocol thereto shall be
subject to ratification, acceptance or approval by States
referred to in Article 28. Instruments of ratification,
acceptance or approval shall be deposited with the
Director who shall be the Depositary.
Article 30
ACCESSION
1. This Convention and any Protocol hereto shall be open
to accession by the States referred to in Article 28 as
from the day following the date on which the Convention
or Protocol concerned was closed for signature.
2. Any State not referred to in paragraph 1 may accede to
the Convention and to any Protocol subject to prior
approval by three-fourths of the Parties to the
Convention or the Protocol concerned.
3. Instruments of accession shall be deposited with the
Depositary.
Article 31
ENTRY INTO FORCE
1. This Convention shall enter into force on the
thirtieth day following the date of deposit of at least
ten instruments of ratification, acceptance, approval or
accession.
2. Any Protocol to this Convention, except as otherwise
provided in such Protocol, shall enter into force on the
thirtieth day following the date of deposit of at least
five instruments of ratification, acceptance or approval
of such Protocol, or of accession thereto, provided that
no Protocol shall enter into force before the Convention.
Should the requirements for entry into force of a
Protocol be met prior to those for entry into force of
the Convention pursuant to paragraph 1, such Protocol
shall enter into force on the same date as the
Convention.
3. Thereafter, this Convention and any Protocol shall
enter into force with respect to any State referred to in
Articles 28 or 30 on the thirtieth day following the date
of deposit of its instrument of ratification, acceptance,
approval or accession.
Article 32
DENUNCIATION
1. At any time after two years from the date of entry
into force of this Convention with respect to a Party,
that Party may denounce the Convention by giving written
notification to the Depositary.
2. Except as may be otherwise provided in any Protocol to
this Convention, any Party may, at any time after two
years from the date of entry into force of such Protocol
with respect to that Party, denounce the Protocol by
giving written notification to the Depositary.
3. Denunciation shall take effect ninety days after the
date on which notification of denunciation is received by
the Depositary.
4. Any Party which denounces this Convention shall be
considered as also having denounced any Protocol to which
it was a Party.
5. Any Party which, upon its denunciation of a Protocol
is no longer a Party to any Protocol to this Convention,
shall be considered as also having denounced this
Convention.
Article 33
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Parties, as well as
the Organisation
(a) of the signature of this Convention and of any
Protocol thereto and of the deposit of instruments of
ratification, acceptance, approval, or accession in
accordance with Articles 29 and 30;
(b) of the date on which the Convention and any Protocol
will come into force in accordance with the provisions of
Article 31;
(c) of notification of denunciation made in accordance
with Article 32;
(d) of notification of any addition to the Convention
Area in accordance with Article 3;
(e) of the amendments adopted with respect to the
Convention and to any Protocol, their acceptance by the
Parties and the date of their entry into force in
accordance with the Provisions of Article 24; and
(f) of the adoption of new annexes and of the amendments
of any annex in accordance with Article 25.
2. The original of this Convention and of any Protocol
thereto shall be deposited with the Depositary who shall
send certified copies thereof to the Signatories, the
Parties, to the Organisation and to the Secretary-General
of the United Nations for registration and publication in
accordance with Article 102 of the United Nations
Charter.
In witness whereof the undersigned, being duly
authorised by their respective Governments, have signed
this Convention.
Done at Noumea, New Caledonia on the twenty-fourth
day of November in the year one thousand nine hundred and
eighty-six in a single copy in the English and French
languages, the two texts being equally authentic.
Annex on arbitration
Article 1
Unless the agreement referred to in Article 26 of the
Convention provides otherwise, the arbitration procedure
shall be in accordance with the rules set out in this
Annex.
Article 2
The claimant Party shall notify the Organisation that
the Parties have agreed to submit the dispute to
arbitration pursuant to paragraph 2, or that paragraph 3
of Article 26 of the Convention is applicable. The
notification shall state the subject matter of the
arbitration and include the provisions of the Convention
or any Protocol thereto, the interpretation or
application of which is the subject of disagreement. The
Organisation shall transmit this information to all
Parties to the Convention or Protocol concerned.
Article 3
1. The Tribunal shall consist of a single arbitrator if
so agreed between the Parties to the dispute within
thirty days from the date of receipt of the notification
for arbitration.
2. In the case of the death, disability or default of the
arbitrator, the Parties to a dispute may agree upon a
replacement within thirty days of such death, disability
or default.
Article 4
1. Where the Parties to a dispute do not agree upon a
Tribunal in accordance with Article 3 of this Annex, the
Tribunal shall consist of three members:
(i) one arbitrator nominated by each Party to the
dispute,
(ii) a third arbitrator who shall be nominated by
agreement between the two first named and who shall act
as its Chairman.
2. If the Chairman of a Tribunal is not nominated within
thirty days of nomination of the second arbitrator, the
Parties to a dispute shall, upon the request of one
Party, submit to the Secretary-General of the
Organisation within a further period of thirty days, an
agreed list of qualified persons. The Secretary-General
shall select the Chairman from such list as soon as
possible. He shall not select a Chairman who is, or has
been, a national of one Party to the dispute except with
the consent of the other Party to the dispute.
3. If one Party to a dispute fails to nominate an
arbitrator as provided in subparagraph l(i) within sixty
days from the date of receipt of the notification for
arbitration, the other Party may request the submission
to the Secretary-General of the Organisation within a
period of thirty days of an agreed list of qualified
persons. The Secretary-General shall select the Chairman
of the Tribunal from such list as soon as possible. The
Chairman shall then request the Party which has not
nominated an arbitrator to do so. If this Party does not
nominate an arbitrator within fifteen days of such
request, the Secretary-General shall, upon request of the
Chairman, nominate the arbitrator from the agreed list of
qualified persons.
4. In the case of the death, disability or default of an
arbitrator, the Party to the dispute who nominated him
shall nominate a replacement within thirty days of such
death, disability or default. If the Party does not
nominate a replacement, the arbitration shall proceed
with the remaining arbitrators. In the case of the death,
disability or default of the Chairman, a replacement
shall be nominated in accordance with paragraphs 1(ii)
and 2 within ninety days of such death, disability or
default.
5. A list of arbitrators shall be maintained by the
Secretary-General of the Organisation and composed of
qualified persons nominated by the Parties. Each Party
may designate for inclusion in the list four persons who
shall not necessarily be its nationals. If the Parties to
the dispute have failed within the specified time limits
to submit to the Secretary-General an agreed list of
qualified persons as provided for in paragraphs 2, 3 and
4, the Secretary-General shall select from the list
maintained by him the arbitrator or arbitrators not yet
nominated.
Article 5
The Tribunal may hear and determine counter-claims
arising directly out of the subject matter of the
dispute.
Article 6
The Tribunal may, at the request of one of the
Parties to the dispute, recommend interim measures of
protection.
Article 7
Each Party to the dispute shall be responsible for
the costs entailed by the preparation of its own case.
The remuneration of the members of the Tribunal and of
all general expenses incurred by the arbitration shall be
borne equally by the Parties to the dispute. The Tribunal
shall keep a record of all its expenses and shall furnish
a final statement thereof to the Parties.
Article 8
Any Party which has an interest of a legal nature
which may be affected by the decision in the case may,
after giving written notice to the Parties to the dispute
which have originally initiated the procedure, intervene
in the arbitration procedure with the consent of the
Tribunal which should be freely given. Any intervenor
shall participate at its own expense. Any such intervenor
shall have the right to present evidence, briefs and oral
arguments on the matter giving rise to its intervention,
in accordance with procedures established pursuant to
Article 9 of this Annex but shall have no rights with
respect to the composition of the Tribunal.
Article 9
A Tribunal established under the provisions of this
Annex shall decide its own rules of procedure.
Article 10
1. Unless a Tribunal consists of a single arbitrator,
decisions of the Tribunal as to its procedure, its place
of meeting, and any question related to the dispute laid
before it, shall be taken by majority vote of its
members. However, the absence or abstention of any member
of the Tribunal who was nominated by a Party to the
dispute shall not constitute an impediment to the
Tribunal reaching a decision. In case of equal voting,
the vote of the Chairman shall be decisive.
2. The Parties to the dispute shall facilitate the work
of the Tribunal and in particular shall, in accordance
with their legislation and using all means at their
disposal:
(i) provide the Tribunal with all necessary documents
and information; and
(ii) enable the Tribunal to enter their territory to
hear witnesses or experts, and to visit the scene of the
subject matter of the arbitration.
3. The failure of a Party to the dispute to comply with
the provisions of paragraph 2 or to defend its case shall
not preclude the Tribunal from reaching a decision and
rendering an award.
Article 11
The Tribunal shall render its award within five
months from the time it is established unless it finds it
necessary to extend that time limit for a period not to
exceed five months. The award of the Tribunal shall be
accompanied by a statement of reasons for the decision.
It shall be final and without appeal and shall be
communicated to the Secretary-General of the Organisation
who shall inform the Parties. The Parties to the dispute
shall immediately comply with the award.