climate-ocean

Book page 78-79

GENERAL PROVISIONS
Section: Part XVI, Articles 300-304

INTRODUCTION

Each of these provisions covers a different area, and it is not possible to summarize the articles from a standpoint of principles common to all of them. It is even questionable whether the heading "General" can be applied to all five of the provisions; it is clearly applicable only to the first two on "good faith" and "peaceful use," as the last three are of more regulatory nature.

GOOD FAITH AND ABUSE OF RIGHTS (Article 300)

Pacta sunt seruanda. This principle implies the condition that every party to an agreement has to recognize and to fulfil the obligations of the contract in good faith.

PEACEFUL USES OF THE SEA (Article 301)

The Conference took place under the auspices of the United Nations. The principle aim of the Charter of the United Nations is to maintain international peace and security, and, to that end, to take effective collective measures for the prevention and removal of threats to peace[1]. In the on-going effort to maintain peace, the Convention is intended as a contribution giving new impulse to the strengthening of peace and security[2]. The obligation of the states parties to refrain from any threat or use of force against the territorial integrity or potential independence of any state is merely a logical consequence of this intention.

[1] UN Charter, Art. 1, Para.2 ,
[2] Preamble,
[3] For activities in the Area, see Annex III, 14; Art. 168(2),
[4] Art. 149,
[5] Art. 303, Para . 2;Art. 33,

DISCLOSURE OF INFORMATION (Article 302)

It is not the intention of the Convention to infringe upon or impair a state's sovereignty or integrity in any manner whatsoever; for this reason, no state party may be obliged, in the fulfillment of its obligations under the Convention, to disclose any information which is contrary to the essential interests of the state party[3].

ARCHAEOLOGICAL AND HISTORICAL OBJECTS FOUND AT SEA (Art. 303)

Whereas all objects found in the Area are to be preserved or disposed of for the benefit of mankind as a whole[4], this provision establishes the duty of all states to protect such objects and to co-operate for this purpose. Coastal states are given control over the removal of objects from the contiguous zone[5].

RESPONSIBILITY AND LIABILITY FOR DAMAGE AT SEA (Article 304)

This article ensures that the provisions of the Convention concerning responsibility and liability cannot be used to subvert or hinder the application of existing rules or development of further rules regarding responsibility and liability under international law.

[1] UN Charter, Art. 1, Para.2 ,   [2] Preamble,   [3] For activities in the Area, see Annex III, 14; Art. 168(2),   [4] Art. 149,   [5] Art. 303, Para . 2;Art. 33,

Further Readings :
- Archaeological and Historical Objects. (Commentary,
- Indemnity. (Commentary)

Bernaerts�s Guide to the 1982 United Nations Convention on the Law of the Sea

FOREWORD of the 1988 edition
by Satya N. Nandan

Special Representative of the Secretary-General of the United Nations for the Law of the Sea Office for Ocean Affairs and the Law of the Sea

Revolutionary changes have taken place in the International Law of the Sea since 1945. The process of change was accelerated in the last two decades by the convening in 1973 of the Third United Nations Conference on the Law of the Sea. The protracted negotiations, spanning over a decade, culminated in the adoption of the United Nations Convention on the Law of the Sea in 1982. By 9 December 1984, the closing date for signature, 159 signatures were appended to the Convention, the largest number for any such multilateral instrument in the history of international relations.

The Convention, which was adopted as a comprehensive package, introduced a new equity in the relationship among states with respect to the uses of the ocean and the allocation of its resources. It deals, inter alia, with sovereignty and jurisdiction of states, navigation and marine transport, over flight of aircraft, marine pollution, marine scientific research, marine technology, conservation and exploitation of marine living resources, the development and-exploitation of marine non-living resources in national and international areas, and unique provisions dealing with the settlement of disputes concerning the interpretation and application of the new regime.

There is no doubt that as we approach the 21st century, more and more attention will be paid to the uses of the oceans and the development of their resources. It is important, therefore, that these developments should take place within a widely accepted legal framework so that there is certainty as to the rights and obligations of all states. The United Nations Convention on the Law of the Sea provides that framework. It establishes a standard for the conduct of states in maritime matters. It is thus a major instrument for preventing conflicts among states.

The convention and its annexes contain over 400 articles. For many it may be a formidable undertaking to grasp the substance and structure of it without making a considerable investment in time and energy. Mr Bernaerts' guide, therefore, is a welcome addition to the growing body of literature on the convention. It provides a most useful reference tool which will benefit administrators and policy makers, as well as scholars. It makes the convention accessible to the uninitiated and refreshes, at a glance, the memories of the initiated. With meticulous references and graphic presentations of the provisions of the convention, Mr Bernaerts has given to the international community an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea.
April 1988