CONVENTION FOR THE PROTECTION, MANAGEMENT AND  
DEVELOPMENT OF THE MARINE AND COASTAL ENVIRONMENT  
OF THE EASTERN AFRICAN REGION 

Nairobi, 21 June 1985 

    The Contracting Parties, 

    Fully aware of the economic and social value of the  
marine and coastal environment of the Eastern African  
region, 

    Conscious of their responsibility to preserve their  
natural heritage for the benefit and enjoyment of  
present and future generations, 

    Recognizing the special hydrographic and ecological  
characteristics of the region which require 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 environmental  
quality of the region and the evolving principles of  
rational environmental management, 

    Realizing fully the need for co-operation amongst  
themselves and with competent international and regional  
organizations in order to ensure a coordinated and  
comprehensive development of the natural resources of  
the region, 

    Recognizing the desirability of promoting the wider  
acceptance and national implementation of existing  
international environmental agreements, 

    Noting, however, that existing international  
conventions 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 Eastern African region, 

    Desirous to adopt a regional convention elaborated  
within the framework of the Action Plan for the  
Protection, Management and Development of the Marine and  
Coastal Environment of the Eastern African Region  
adopted at Nairobi on 21 June 1985, 

    Have agreed as follows: 


Article 1 

GEOGRAPHICAL COVERAGE 

1. This Convention shall apply to the Eastern African  
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 of the Contracting Parties. 


Article 2 

DEFINITIONS 

For the purposes of this Convention: 

(a) the "Convention area" shall be comprised of the  
marine and coastal environment of that part of the  
Indian Ocean situated within the Eastern African region  
and falling within the jurisdiction of the Contracting  
Parties to this Convention. The extent of the coastal  
environment to be included within the Convention area  
shall be indicated in each protocol to this Convention  
taking into account the objectives of the protocol  
concerned; 

(b) "pollution" means the introduction by man directly  
or indirectly, of substances or energy into the marine  
environment, including estuaries, resulting in such  
deleterious effects as harm to living resources hazards  
to human health, hindrance to marine activities,  
including fishing, impairment of quality for use of sea  
water and reduction of amenities; 

(c) "Organization" means the body designated as  
responsible for carrying out secretariat functions  
pursuant to article 16 of this Convention. 


Article 3 

GENERAL PROVISIONS 

1. The Contracting Parties may enter into bilateral or  
multilateral agreements, including regional or  
subregional agreements, for the protection 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 Organization and. through the  
Organization, to all Contracting Parties to this  
Convention. 

2. Nothing in this Convention or its protocols shall be  
deemed to affect obligations assumed by a Contracting  
Party under agreements previously concluded. 

3. This Convention and its protocols shall be construed  
in accordance with international law relating to their  
subject matter. Nothing in this Convention and its  
protocols shall prejudice the present or future claims  
and legal views of any Contracting Party concerning the  
nature and extent of its maritime jurisdiction. 


Article 4 

GENERAL OBLIGATIONS 

1. The Contracting Parties shall, individually or  
jointly, take all appropriate measures in conformity  
with international law and in accordance with this  
Convention and those of its protocols in force to which  
they are party, to prevent, reduce and combat pollution  
of the Convention area and to ensure Sound environmental  
management of natural resources, using for this purpose  
the best practicable means at their disposal, and in  
accordance with their capabilities. 

2. The Contracting Parties shall co-operate in the  
formulation and adoption of protocols to facilitate the  
effective implementation of this Convention. 

3. The Contracting Parties shall take all appropriate  
measures in conformity with international law for the  
effective discharge of the obligations prescribed in  
this Convention and its protocols and shall endeavour to  
harmonize their policies in this regard. 

4. The Contracting Parties shall co-operate with the  
competent international, regional and subregional  
organizations to ensure the effective implementation of  
this Convention and its protocols. They shall assist  
each other in fulfilling their obligations under this  
Convention and its protocols. 

5. In taking the measures referred to in paragraph 1,  
the Contracting Parties shall ensure that the  
application of such measures does not cause pollution of  
the marine environment outside the Convention area. 


Article 5 

POLLUTION FROM SHIPS 

    The Contracting Parties shall take all appropriate  
measures to prevent, reduce and combat pollution of the  
Convention area caused by discharges from ships and, for  
this purpose, to ensure the effective implementation of  
the applicable international rules and standards  
established by, or within the framework of, the  
competent international organization. 


Article 6 

POLLUTION CAUSED BY DUMPING 

The Contracting Parties shall take all appropriate  
measures to prevent, reduce and combat pollution of the  
Convention area caused by dumping of wastes and other  
matter at sea from ships, aircraft, or man-made  
structures at sea, taking into account applicable  
international rules and standards and recommended  
practices and procedures. 


Article 7  

POLLUTION FROM LAND-BASED SOURCES 

The Contracting Parties shall endeavour to take all  
appropriate measures to prevent, reduce and combat  
pollution of the Convention area caused by coastal  
disposal or by discharges emanating from rivers,  
estuaries, coastal establishments, outfall structures or  
any other sources within their territories. 


Article 8 

POLLUTION FROM SEA-BED ACTIVITIES 

The Contracting Parties shall take all appropriate  
measures to prevent, reduce and combat pollution of the  
Convention area resulting directly or indirectly from  
exploration and exploitation of the sea-bed and its  
subsoil. 


Article 9 

AIRBORNE POLLUTION 

    The Contracting Parties shall take all appropriate  
measures to prevent, reduce and combat pollution of the  
Convention area resulting from discharges into the  
atmosphere from activities under their jurisdiction. 


Article 10 

SPECIALLY PROTECTED AREAS 

    The Contracting Parties shall, individually or  
jointly, take all appropriate measures to protect and  
preserve rare or fragile ecosystems as well as rare,  
depleted, threatened or endangered species of wild fauna  
and flora and their habitats in the Convention area. To  
this end the Contracting Parties shall, in areas under  
their jurisdiction, establish protected areas, such as  
parks and reserves, and shall regulate and, where  
required and subject to the rules of international law,  
prohibit an activity likely to have adverse effects on  
the species, ecosystems or biological processes that  
such areas are established to protect. The establishment  
of such areas shall not affect the rights of other  
Contracting Parties and third States and in particular  
other legitimate uses of the sea. 


Article 11 

CO-OPERATION IN COMBATING POLLUTION IN CASES OF  
EMERGENCY 

1. The Contracting Parties shall co-operate in taking  
all necessary measures to respond to pollution  
emergencies in the Convention area and to reduce or  
eliminate pollution or the threat of pollution resulting  
therefrom. To this end, the Contracting Parties shall,  
individually and jointly, develop and promote  
contingency plans for responding to incidents involving  
pollution or the threat thereof in the Convention area. 

2. When a Contracting 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 States likely to be affected by such  
pollution, as well as competent international  
organizations. Furthermore, it shall inform, as soon as  
feasible, such other States and the Organization of any  
measures it has taken to minimize or reduce pollution or  
the threat thereof. 


Article 12  

ENVIRONMENTAL DAMAGE FROM ENGINEERING ACTIVITIES 

    The Contracting Parties shall take all appropriate  
measures to prevent, reduce and combat environmental  
damage in the Convention area, in particular the  
destruction of marine and coastal ecosystems, caused by  
engineering activities such as land reclamation and  
dredging. 


Article 13 

 ENVIRONMENTAL IMPACT ASSESSMENT 

1. As part of their environmental management policies,  
the Contracting Parties shall, in cooperation with  
competent regional and international organizations if  
necessary, develop technical and other guidelines to  
assist the planning of their major development projects  
in such a way as to prevent or minimize harmful impacts  
on the Convention area. 

2. Each Contracting Party shall assess, within its  
capabilities, the potential environmental effects of  
major projects which it has reasonable grounds to expect  
may cause substantial pollution of, or significant and  
harmful changes to, the Convention area. 

3. With respect to the assessments referred to in  
paragraph 2, the Contracting Parties shall, if  
appropriate in consultation with the Organization,  
develop procedures for the dissemination of information  
and, if necessary, for consultations among the  
Contracting Parties concerned. 


Article 14  

SCIENTIFIC AND TECHNICAL CO-OPERATION 

1. The Contracting Parties shall co-operate, directly or  
with the assistance of competent regional and  
international organizations, in scientific research,  
monitoring, and the exchange of data and other  
scientific information relating to the purposes of this  
Convention and its protocols. 

2. To this end, the Contracting Parties shall develop  
and co-ordinate their research and monitoring programmes  
concerning pollution and natural resources in the  
Convention area and shall establish, in co-operation  
with competent regional and international organizations,  
a regional network of national research centres and  
institutes to ensure compatible results. With the aim of  
further protecting the Convention area, the Contracting  
Parties shall endeavour to participate in international  
arrangements for research and monitoring outside the  
Convention area. 

3. The Contracting Parties shall co-operate, within  
their available capabilities, directly or through  
competent regional and international organizations, in  
the provision to other Contracting Parties of technical  
and other assistance in fields relating to pollution and  
sound environmental management of the Convention area. 




Article 15 

LIABILITY AND COMPENSATION 

    The Contracting Parties shall co-operate, directly  
or with the assistance of competent regional and  
international organizations, with a view of formulating  
and adopting appropriate rules and procedures which are  
in conformity with international law in the field of  
liability and compensation for damage resulting from  
pollution of the Convention area. 


Article 16 

INSTITUTIONAL ARRANGEMENTS 

1. The Contracting Parties designate the United Nations  
Environment Programme as the secretariat of the  
Convention to carry out the following functions: 

(a) to prepare and convene the meetings of Contracting  
Parties and conferences provided for in articles 17,18  
and 19; 

(b) to transmit to the Contracting Parties information  
received in accordance with articles 11, 13 and 23; 

(c) to perform the functions assigned to its protocols  
to this Convention; 

(d) to consider enquiries by, and information from the  
Contracting Parties and to consult with them on  
questions relating to this Convention and protocols; 

(e) to co-ordinate the implementation of operative  
activities agreed upon by the meetings Contracting  
Parties; 

(f) to ensure the necessary co-ordination with other  
regional and international bodies that Contracting  
Parties consider competent; 

(g) to enter into such administrative arrangements as  
may be required for the effective discharge of  
secretariat functions. 

2. Each Contracting Party shall designate appropriate  
authority to serve as the channel of communication with  
the Organization for purposes of this Convention and its  
protocols. 


Article 17 

MEETINGS OF THE CONTRACTING PARTIES 

1. The Contracting Parties shall hold ordinary meetings  
once every two years. It shall be the function of the  
ordinary meetings of the Contracting Parties to keep  
under review the implementation of this Convention and  
its protocols and, in particular: 

(a) to consider information submitted by the Contracting  
Parties under article 23; 

(b) to adopt, review and amend annexes to this  
Convention and to its related protocols, in accordance  
with the provisions of article 20; 

(c) to make recommendations regarding the adoption of  
any additional protocols or amendments to this  
Convention or its protocols in accordance with the  
provisions of articles 18 and 19; 

(d) to establish working groups as required to consider  
any matters concerning this Convention and its  
protocols; 

(e) to assess periodically the state of the environment  
in the Convention area; 

(f) to 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) to consider and undertake any additional action that  
may be required for the achievement of the purposes of  
this Convention and its protocols. 

2. The Organization shall convene the first ordinary  
meeting of the Contracting Parties within nine months of  
the date on which the Convention enters into force in  
accordance with article 29. 

3. Extraordinary meetings shall be convened at the  
request of any Contracting Party or upon the request of  
the Organization, provided that such requests are  
supported by a two-thirds majority of the Contracting  
Parties. It shall be the function of the extraordinary  
meeting of the Contracting Parties to consider only  
those items proposed in the request for the holding of  
the extraordinary meeting. 


Article 18 

ADOPTION OF PROTOCOLS 

1. The Contracting Parties, at a conference of  
plenipotentiaries, may adopt additional protocols to  
this Convention pursuant to paragraph 2 of article 4. 

2. If so requested by a two-thirds majority of the  
Contracting Parties, the Organization shall convene a  
conference of plenipotentiaries for the purpose of  
adopting additional protocols to this Convention. 


Article 19 

AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS 

1. Any Contracting Party may propose amendments to this  
Convention. Amendments shall be adopted by a conference  
of plenipotentiaries which shall be convened by the  
Organization at the request of a two-thirds majority of  
the Contracting Parties. 

2. Any Contracting 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 Organization at the request of a two- 
thirds majority of the Contracting Parties to the  
protocol concerned. 

3. The text of any proposed amendment shall be  
communicated by the Organization to all Contracting  
Parties at least ninety days before the opening of the  
conference of plenipotentiaries. 

4. Any amendment to this Convention shall be adopted by  
a two-thirds majority vote of the Contracting Parties to  
the Convention which are present and voting at the  
conference of plenipotentiaries and shall be submitted  
by the Depositary for acceptance by all Contracting  
Parties to the Convention. Amendments to any protocol  
shall be adopted by a two-thirds majority vote of the  
Contracting Parties to the protocol which are present  
and voting at the conference of plenipotentiaries and  
shall be submitted by the Depositary for acceptance by  
all Contracting Parties to the protocol. 

5. Instruments of ratification, acceptance or approval  
of amendments shall be deposited with the Depositary.  
Amendments adopted in accordance with paragraph 4 shall  
enter into force between Contracting Parties having  
accepted such amendments on the thirtieth day following  
the date of receipt by the Depositary of the instruments  
of at least six of the Contracting Parties to this  
Convention or to the protocol concerned, as the case may  
be. Thereafter the amendments shall enter into force for  
any other Contracting Party on the thirtieth day after  
the date on which that Party deposits its instrument. 

6. After the entry into force of an amendment to this  
Convention or to a protocol, any new Contracting Party  
to this Convention or such protocol shall become a  
Contracting Party to the Convention or protocol as  
amended. 


Article 20  

ANNEXES AND AMENDMENT OF ANNEXES 

I . Annexes to this Convention or to a protocol shall  
form an integral part of the Convention or, as the case  
may be, such protocol. 

2. Except as may be otherwise provided in any protocol  
with respect to its annexes, the following procedure  
shall apply to the adoption and entry into force of  
amendments to annexes to this Convention or to annexes  
to a protocol: 

(a) any Contracting Party may propose amendments to  
annexes to this Convention or annexes to any protocol at  
the meetings convened pursuant to article 17; 

(b) such amendments shall be adopted by a two-thirds  
majority vote of the Contracting Parties to the  
instrument in question; 

(c) the Depositary shall without delay communicate the  
amendments so adopted to all Contracting Parties to this  
Convention; 

(d) any Contracting Party that is unable to accept an  
amendment to annexes to this Convention or to annexes to  
any protocol shall so notify the Depositary in writing  
within a period determined by the Contracting Parties  
concerned when adopting the amendment; 

(e) the Depositary shall without delay notify all  
Contracting Parties of notifications received pursuant  
to the preceding subparagraph; 

(f) on expiry of the period determined in accordance  
with subparagraph (d) above, the amendment to the annex  
shall become effective for all Contracting Parties to  
this Convention or to the protocol concerned which have  
not submitted a notification in accordance with the  
provisions of that subparagraph; 

(g) a Contracting 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. 

3. The adoption and entry into force of a new annex to  
this Convention or to any protocol shall be subject to  
the same procedure as that for the adoption and entry  
into force of an amendment to an annex, provided that,  
if it entails an amendment to the Convention or a  
protocol, the new annex shall not enter into force until  
such time as that amendment enters into force. 

4. Any amendment to the Annex on Arbitration shall be  
proposed and adopted, and shall enter into force, in  
accordance with the procedures set out in article 19. 


Article 21  

RULES OF PROCEDURES AND FINANCIAL RULES 

1. The Contracting Parties shall adopt rules of  
procedure for their meetings. 

2. The Contracting Parties shall adopt financial rules,  
prepared in consultation with the Organization, to  
determine, in particular, their financial participation  
in the co-operative activities undertaken for the  
purposes of this Convention and of protocols to which  
they are parties. 


Article 22 

SPECIAL EXERCISE OF THE RIGHT TO VOTE 

    In their fields of competence, the regional  
intergovernmental integration organizations referred to  
in article 26 shall exercise their right to vote with a  
number of votes equal to the number of their member  
States which are Contracting Parties to this Convention  
and to one or more protocols. Such organizations shall  
not exercise their rights to vote if the member States  
concerned exercise theirs and vice versa. 


Article 23 

TRANSMISSION OF INFORMATION 

    The Contracting Parties shall transmit regularly to  
the Organization information on the measures adopted by  
them in the implementation of this Convention and of  
protocols to which they are parties, in such form as the  
meetings of Contracting Parties may determine. 


Article 24 

SETTLEMENT OF DISPUTES 

1. In case of a dispute between Contracting 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. 

2. If the Parties concerned cannot settle the dispute  
through the means mentioned in the preceding paragraph,  
the dispute shall, upon common agreement of the Parties  
concerned, be submitted to arbitration under the  
conditions set out in the Annex on Arbitration. 


Article 25 

RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS 

1. No State or regional intergovernmental integration  
organization may become a Contracting Party to this  
Convention unless it becomes at the same time a  
Contracting Party to at least one protocol to the  
Convention. No State or regional intergovernmental  
integration organization may become a Contracting Party  
to a protocol unless it is, or becomes at the same time,  
a Contracting Party to this Convention. 

2. Decisions concerning any protocol shall be taken only  
by the Contracting Parties to the protocol concerned. 


Article 26 

SIGNATURE 

    This Convention, the Protocol concerning Protected  
Areas and Wild Fauna and Flora in the Eastern African  
Region and the Protocol concerning Co-operation in  
Combating Marine Pollution in Cases of Emergency in the  
Eastern African Region shall be open for signature at  
Nairobi from 21 June 1985 to 20 June 1986 by any State  
invited as participant to the Conference of  
Plenipotentiaries on the Protection, Management and  
Development of the Marine and Coastal Environment of the  
Eastern African Region, held at Nairobi from 17 June  
1985 to 21 June 1985. They shall also be open for  
signature between the same dates by any regional  
intergovernmental integration organization exercising  
competence in fields covered by the Convention and such  
protocols and having at least one member State which  
belongs to the Eastern African region provided that such  
regional organization has been invited to participate in  
the Conference of Plenipotentiaries. 



Article 27 

RATIFICATION, ACCEPTANCE AND APPROVAL 

    This Convention and its protocols shall be subject  
to ratification, acceptance or approval by the States  
and organizations referred to in article 26. Instruments  
of ratification, acceptance or approval shall be  
deposited with the Government of the Republic of Kenya  
which will assume the functions of Depositary. 


Article 28 

ACCESSION 

1. This Convention and its protocols shall be open for  
accession by the States and organizations referred to in  
article 26 as from the day following the date on which  
the Convention or the protocol concerned is closed for  
signature. 

2. After the entry into force of this Convention and of  
any protocol, any State or regional intergovernmental  
integration organization not referred to in article 26  
may accede to the Convention and to any protocol,  
subject to prior approval by three-fourths of the  
Contracting Parties to the Convention or the protocol  
concerned. 

3. Instruments of accession shall be deposited with the  
Depositary. 


Article 29 

ENTRY INTO FORCE 

1. This Convention shall enter into force on the same  
date as the first protocol entering into force. 

2. Any protocol to this Convention, except as otherwise  
provided in such protocol, shall enter into force on the  
ninetieth day following the date of deposit of the sixth  
instrument of ratification, acceptance, or approval of,  
or accession to, such protocol by the States referred to  
in article 26. 

3. Thereafter, this Convention and any protocol shall  
enter into force with respect to any State or  
organization referred to in article 26 or article 28 on  
the ninetieth day following the date of deposit of its  
instruments of ratification, acceptance, approval or  
accession. 


Article 30  

WITHDRAWAL 

1. At any time after three years from the date of entry  
into force of this Convention with respect to a  
Contracting Party, that Contracting Party may withdraw  
from this Convention by giving written notification to  
the Depositary. 

2. Except as may be otherwise provided in any protocol  
to this Convention, any Contracting Party may, at any  
time after three years from the date of entry into force  
of such protocol with respect to that Contracting Party,  
withdraw from such protocol by giving written  
notification to the Depositary. 

3. Withdrawal shall take effect one year after the date  
on which notification of withdrawal is received by the  
Depositary. 

4. Any Contracting Party which withdraws from this  
Convention shall be considered as also having withdrawn  
from any protocol to which it was a Contracting Party. 

5. Any Contracting Party which, upon its withdrawal from  
a protocol, is no longer a Contracting Party to any  
protocol to this Convention, shall be considered as also  
having withdrawn from the Convention itself. 


Article 31 

RESPONSIBILITIES OF THE DEPOSITARY 

1. The Depositary shall inform the signatories and the  
Contracting Parties, as well as the Organization, of: 

(a) the signature of this Convention and of its  
protocols and the deposit of instruments of  
ratification, acceptance, approval or accession; 

(b) the date on which the Convention or any protocol  
will come into force for each Contracting Party; 

(c) notification of withdrawal and the date on which it  
will take effect; 

(d) the amendments adopted with respect to the  
Convention or to any protocol, their acceptance by the  
Contracting Parties and the date of their entry into  
force; 

(e) all matters relating to new annexes and to the  
amendment of any annex. 

2. The original of this Convention and of any protocol  
shall be deposited with the Depositary, the Government  
of the Republic of Kenya, which shall send certified  
copies thereof to the Signatories, the Contracting  
Parties and the Organization. 

3. As soon as the Convention or any protocol enters into  
force, the Depositary shall transmit a certified copy of  
the instrument concerned to the Secretary-General of the  
United Nations for registration and publication in  
accordance with Article 102 of the Charter of the United  
Nations. 

    In witness whereof the undersigned, being duly  
authorized by their respective Governments, have signed  
this Convention. 

    Done at Nairobi this twenty-first day of June one  
thousand nine hundred and eighty-five in 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 24 of  
the Convention provides otherwise, the arbitration  
procedure shall be conducted in accordance with articles  
2 to 10 below. 


Article 2 

    The claimant party shall notify the Organization  
that the parties agree to submit the dispute to  
arbitration pursuant to paragraph 2 of article 24 of the  
Convention. The notification shall state the subject- 
matter of arbitration and include, in particular, the  
articles of the Convention or the protocol, the  
interpretation or application of which are at issue. The  
Organization shall forward the information thus received  
to all Contracting Parties to the Convention or to the  
protocol concerned. 


Article 3 

    The arbitral tribunal shall consist of three  
members. Each of the parties to the dispute shall  
appoint an arbitrator and the two arbitrators so  
appointed shall designate by common agreement the third  
arbitrator who shall be the chairman of the tribunal.  
The latter shall not be a national of one of the parties  
to the dispute, nor have his usual place of residence in  
the territory of one of these parties, nor be employed  
by any of them, nor have dealt with the case in any  
other capacity. 


Article 4 

1. If the chairman of the arbitral tribunal has not been  
designated within two months of the appointment of the  
second arbitrator, the Secretary-General of the United  
Nations shall, at the request of either party, designate  
him within a further two months' period. 

2. If one of the parties to the dispute does not appoint  
an arbitrator within two months of receipt of the  
request, the other party may inform the Secretary- 
General of the United Nations who shall designate the  
chairman of the arbitral tribunal within a further two  
months' period. Upon designation, the chairman of the  
arbitral tribunal shall request the party which has not  
appointed an arbitrator to do so within two months.  
After such period, he shall inform the Secretary-General  
of the United Nations who shall make this appointment  
within a further two months' period. 


Article 5 

1. The arbitral tribunal shall render its decision in  
accordance with international law and in accordance with  
the provisions of this Convention and the protocol or  
protocols concerned. 

2. Any arbitral tribunal constituted under the  
provisions of this annex shall draw up its own rules of  
procedure . 


Article 6 

1. The decisions of the arbitral tribunal, both on  
procedure and on substance, shall be taken by majority  
vote of its members. 

2. The arbitral tribunal may take all appropriate  
measures in order to establish the facts. It may, at the  
request of one of the parties, recommend essential  
interim measures of protection. 

3. The parties to the dispute shall provide all  
facilities necessary for the effective conduct of the  
proceedings . 

4. The absence or default of a party to the dispute  
shall not constitute an impediment to the proceedings . 


Article 7 

    The arbitral tribunal may hear and determine  
counterclaims arising directly out of the subject-matter  
of the dispute. 


Article 8 

    Unless the arbitral tribunal determines otherwise  
because of the particular circumstances of the case, the  
expenses of the tribunal, including the remuneration of  
its members, shall be borne by the parties to the  
dispute in equal shares. The tribunal shall keep a  
record of all its expenses, and shall furnish a final  
statement thereof to the parties. 


Article 9 

    Any Contracting Party that has an interest of a  
legal nature in the subject-matter of the dispute which  
may be affected by the decision in the case, may  
intervene in the proceedings with the consent of the  
arbitral tribunal. 


Article 10 

l. The arbitral tribunal shall render its award within  
five months of the date on which it is established  
unless it finds it necessary to extend the time-limit  
for a period which should not exceed five months . 

2. The award of the arbitral tribunal shall be  
accompanied by a statement of reasons. It shall be final  
and binding upon the parties to the dispute. 

3. Any dispute which may arise between the parties  
concerning the interpretation or execution of the award  
may be submitted by either party to the arbitral  
tribunal which made the award or, if the latter cannot  
be seized thereof, to another arbitral tribunal  
constituted for this purpose in the same manner as the  
first.