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Convention on the
Law of the Non-navigational
Uses of International Watercourses
Adopted by the UN General Assembly
May 1997
The
Parties to the present Convention,
Conscious of the importance of international
watercourses and the non-navigational uses
thereof in many regions of the world,
Having in mind Article 13, paragraph 1 (a),
of the Charter of the United Nations, which
provides that the General Assembly shall
initiate studies and make recommendations
for the purpose of encouraging the progressive
development of international law and its
codification,
Considering that successful codification
and progressive development of rules of
international law regarding non-navigational
uses of international watercourses would
assist in promoting and implementing the
purposes and principles set forth in Articles
1 and 2 of the Charter of the United Nations,
Taking into account the problems affecting
many international watercourses resulting
from, among other things, increasing demands
and pollution,
Expressing the conviction that a framework
convention will ensure the utilization,
development, conservation, management and
protection of international watercourses
and the promotion of the optimal and sustainable
utilization thereof for present and future
generations.
Affirming the importance of international
cooperation and good neighbourliness in
this field,
Aware of the special situation and needs
of developing countries,
Recalling the principles and recommendations
adopted by the United Nations Conference
on Environment and Development of 1992 in
the Rio Declaration and Agenda 21,
Recalling also the existing bilateral and
multilateral agreements regarding the non-navigational
uses of international watercourses,
Mindful of the valuable contribution of
international organizations, both governmental
and non-governmental, to the codification
and progressive development of international
law in this field,
Appreciative of the work carried out by
the International Law Commission on the
law of the non-navigational uses of international
watercourses,
Bearing in mind United Nations General Assembly
resolution 49/52 of 9 December 1994,
Have agreed as follows:
PART I. INTRODUCTION
Article 1
Scope of the present Convention
1. The present Convention applies
to uses of international watercourses and
of their waters for purposes other than
navigation and to measures of protection,
preservation and management related to the
uses of those watercourses and their waters.
The uses of international watercourses for
navigation is not within the scope of the
present Convention except insofar as other
uses affect navigation or are affected by
navigation.
Article 2
Use of terms
For the purposes of the present Convention:
"Watercourse" means a system of
surface waters and groundwaters constituting
by virtue of their physical relationship
a unitary whole and normally flowing into
a common terminus;
"International watercourse" means
a watercourse, parts of which are situated
in different States;
"Watercourse State" means a State
Party to the present Convention in whose
territory part of an international watercourse
is situated, or a Party that is a regional
economic integration organization, in the
territory of one or more of whose Member
States part of an international watercourse
is situated;
"Regional economic integration organization"
means an organization constituted by sovereign
States of a given region, to which its member
States have transferred competence in respect
of matters governed by this Convention and
which has been duly authorized in accordance
with its internal procedures, to sign, ratify,
accept, approve or accede to it.
Article 3
Watercourse agreements
In the absence of an agreement to the contrary,
nothing in the present Convention shall
affect the rights or obligations of a watercourse
State arising from agreements in force for
it on the date on which it became a party
to the present Convention.
Notwithstanding the provisions of paragraph
1, parties to agreements referred to in
paragraph 1 may, where necessary, consider
harmonizing such agreements with the basic
principles of the present Convention.
Watercourse States may enter into one or
more agreements, hereinafter referred to
as "watercourse agreements", which
apply and adjust the provisions of the present
Convention to the characteristics and uses
of a particular international watercourse
or part thereof.
Where a watercourse agreement is concluded
between two or more watercourse States,
it shall define the waters to which it applies.
Such an agreement may be entered into with
respect to an entire international watercourse
or any part thereof or a particular project
programme or use except insofar as the agreement
adversely affects, to a significant extent,
the use by one or more other watercourse
States of the waters of the watercourse,
without their express consent.
Where a watercourse State considers that
adjustment and application of the provisions
of the present Convention is required because
of the characteristics and uses of a particular
international watercourse, watercourse States
shall consult with a view to negotiating
in good faith for the purpose of concluding
a watercourse agreement or agreements.
Where some but not all watercourse States
to a particular international watercourse
are parties to an agreement, nothing in
such agreement shall affect the rights or
obligations under the present Convention
of watercourse States that are not parties
to such an agreement.
Article 4
Parties to watercourse agreements
1. Every watercourse State is entitled
to participate in the negotiation of and
to become a party to any watercourse agreement
that applies to the entire international
watercourse, as well as to participate in
any relevant consultations.
2. A watercourse State whose use
of an international watercourse may be affected
to a significant extent by the implementation
of a proposed watercourse agreement that
applies only to a part of the watercourse
or to a particular project, programme or
use is entitled to participate in consultations
on such an agreement and, where appropriate,
in the negotiation thereof in good faith
with a view to becoming a party thereto,
to the extent that its use is thereby affected.
PART II. GENERAL PRINCIPLES
Article 5
Equitable and reasonable utilization
and participation
1. Watercourse States shall in their
respective territories utilize an international
watercourse in an equitable and reasonable
manner. In particular, an international
watercourse shall be used and developed
by watercourse States with a view to attaining
optimal and sustainable utilization thereof
and benefits therefrom, taking into account
the interests of the watercourse States
concerned, consistent with adequate protection
of the watercourse.
2. Watercourse States shall participate
in the use, development and protection of
an international watercourse in an equitable
and reasonable manner. Such participation
includes both the right to utilize the watercourse
and the duty to cooperate in the protection
and development thereof, as provided in
the present Convention.
Article 6
Factors relevant to equitable and reasonable
utilization
1. Utilization of an international
watercourse in an equitable and reasonable
manner within the meaning of article 5 requires
taking into account all relevant factors
and circumstances, including:
Geographic, hydrographic, hydrological,
climatic, ecological and other factors of
a natural character;
The social and economic needs of the watercourse
States concerned;
The population dependent on the watercourse
in each watercourse State;
The effects of the use or uses of the watercourses
in one watercourse State on other watercourse
States;
Existing and potential uses of the watercourse;
Conservation, protection, development and
economy of use of the water resources of
the watercourse and the costs of measures
taken to that effect;
The availability of alternatives, of comparable
value, to a particular planned or existing
use.
2. In the application of article
5 or paragraph 1 of this article, watercourse
States concerned shall, when the need arises,
enter into consultations in a spirit of
cooperation.
3. The weight to be given to each
factor is to be determined by its importance
in comparison with that of other relevant
factors. In determining what is a reasonable
and equitable use, all relevant factors
are to be considered together and a conclusion
reached on the basis of the whole.
Article 7
Obligation not to cause significant harm
1. Watercourse States shall, in utilizing
an international watercourse in their territories,
take all appropriate measures to prevent
the causing of significant harm to other
watercourse States.
2. Where significant harm nevertheless
is caused to another watercourse State,
the States whose use causes such harm shall,
in the absence of agreement to such use,
take all appropriate measures, having due
regard for the provisions of articles 5
and 6, in consultation with the affected
State, to eliminate or mitigate such harm
and, where appropriate, to discuss the question
of compensation.
Article 8
General obligation to cooperate
1. Watercourse States shall cooperate
on the basis of sovereign equality, territorial
integrity, mutual benefit and good faith
in order to attain optimal utilization and
adequate protection of an international
watercourse.
In determining the manner of such cooperation,
watercourse States may consider the establishment
of joint mechanisms or commissions, as deemed
necessary by them, to facilitate cooperation
on relevant measures and procedures in the
light of experience gained through cooperation
in existing joint mechanisms and commissions
in various regions.
Article 9
Regular exchange of data and information
1. Pursuant to article 8, watercourse
States shall on a regular basis exchange
readily available data and information on
the condition of the watercourse, in particular
that of a hydrological, meteorological,
hydrogeological and ecological nature and
related to the water quality as well as
related forecasts.
2. If a watercourse State is requested
by another watercourse State to provide
data or information that is not readily
available, it shall employ its best efforts
to comply with the request but may condition
its compliance upon payment by the requesting
State of the reasonable costs of collecting
and, where appropriate, processing such
data or information.
3. Watercourse States shall employ
their best efforts to collect and, where
appropriate, to process data and information
in a manner which facilitates its utilization
by the other watercourse States to which
it is communicated.
Article 10
Relationship between different kinds of
uses
1. In the absence of agreement or
custom to the contrary, no use of an international
watercourse enjoys inherent priority over
other uses.
2. In the event of a conflict between
uses of an international watercourse, it
shall be resolved with reference to articles
5 to 7, with special regard being given
to the requirements of vital human needs.
PART III. PLANNED MEASURES
Article 11
Information concerning planned measures
Watercourse States shall exchange information
and consult each other and, if necessary,
negotiate on the possible effects of planned
measures on the condition of an international
watercourse.
Article 12
Notification concerning planned measures
with possible adverse effects
Before a watercourse State implements or
permits the implementation of planned measures
which may have a significant adverse effect
upon other watercourse States, it shall
provide those States with timely notification
thereof. Such notification shall be accompanied
by available technical data and information,
including the results of any environmental
impact assessment, in order to enable the
notified States to evaluate the possible
effects of the planned measures.
Article 13
Period for reply to notification
Unless otherwise agreed:
(a) A watercourse State providing a notification
under article 12 shall allow the notified
States a period of six months within which
to study and evaluate the possible effects
of the planned measures and to communicate
the findings to it;
(b) This period shall, at the request of
a notified State for which the evaluation
of the planned measures poses special difficulty,
be extended for a period of six months.
Article 14
Obligations of the notifying State during
the period for reply
During the period referred to in article
13, the notifying State:
(a) Shall cooperate with the notified States
by providing them, on request, with any
additional data and information that is
available and necessary for an accurate
evaluation; and
(b) Shall not implement or permit the implementation
of the planned measures without the consent
of the notified States.
Article 15
Reply to notification
The notified States shall communicate their
findings to the notifying State as early
as possible within the period applicable
pursuant to article 13. If a notified State
finds that implementation of the planned
measures would be inconsistent with the
provisions of articles 5 or 7, it shall
attach to its finding a documented explanation
setting forth the reasons for the finding.
Article 16
Absence of reply to notification
1. If, within the period applicable
pursuant to article 13, the notifying State
receives no communication under article
15, it may, subject to its obligations under
articles 5 and 7, proceed with the implementation
of the planned measures, in accordance with
the notification and any other data and
information provided to the notified States.
2. Any claim to compensation by a
notified State which has failed to reply
within the period applicable pursuant to
article 13 may be offset by the costs incurred
by the notifying State for action undertaken
after the expiration of the time for a reply
which would not have been undertaken if
the notified State had objected within that
period.
Article 17
Consultations and negotiations concerning
planned measures
1. If a communication is made under
article 15 that implementation of the planned
measures would be inconsistent with the
provisions of articles 5 or 7, the notifying
State and the State making the communication
shall enter into consultations and, if necessary,
negotiations with a view to arriving at
an equitable resolution of the situation.
2. The consultations and negotiations
shall be conducted on the basis that each
State must in good faith pay reasonable
regard to the rights and legitimate interests
of the other State.
3. During the course of the consultations
and negotiations, the notifying State shall,
if so requested by the notified State at
the time it makes the communication, refrain
from implementing or permitting the implementation
of the planned measures for a period of
six months unless otherwise agreed.
Article 18
Procedures in the absence of notification
1. If a watercourse State has reasonable
grounds to believe that another watercourse
State is planning measures that may have
a significant adverse effect upon it, the
former State may request the latter to apply
the provisions of article 12. The request
shall be accompanied by a documented explanation
setting forth its grounds.
2. In the event that the State planning
the measures nevertheless finds that it
is not under an obligation to provide a
notification under article 12, it shall
so inform the other State, providing a documented
explanation setting forth the reasons for
such finding. If this finding does not satisfy
the other State, the two States shall, at
the request of that other State, promptly
enter into consultations and negotiations
in the manner indicated in paragraphs 1
and 2 of article 17.
3. During the course of the consultations
and negotiations, the State planning the
measures shall, if so requested by the other
State at the time it requests the initiation
of consultations and negotiations, refrain
from implementing or permitting the implementation
of those measures for a period of six months
unless otherwise agreed.
Article 19
Urgent implementation of planned measures
1. In the event that the implementation
of planned measures is of the utmost urgency
in order to protect public health, public
safety or other equally important interests,
the State planning the measures may, subject
to articles 5 and 7, immediately proceed
to implementation, notwithstanding the provisions
of article 14 and paragraph 3 of article
17.
2. In such case, a formal declaration
of the urgency of the measures shall be
communicated without delay to the other
watercourse States referred to in article
12 together with the relevant data and information.
3. The State planning the measures
shall, at the request of any of the States
referred to in paragraph 2, promptly enter
into consultations and negotiations with
it in the manner indicated in paragraphs
1 and 2 of article 17.
PART IV. PROTECTION, PRESERVATION AND
MANAGEMENT
Article 20
Protection and preservation of ecosystems
Watercourse States shall, individually and,
where appropriate, jointly, protect and
preserve the ecosystems of international
watercourses.
Article 21
Prevention, reduction and control of pollution
1. For the purpose of this article,
"pollution of an international watercourse"
means any detrimental alteration in the
composition or quality of the waters of
an international watercourse which results
directly or indirectly from human conduct.
2. Watercourse States shall, individually
and, where appropriate, jointly, prevent,
reduce and control the pollution of an international
watercourse that may cause significant harm
to other watercourse States or to their
environment, including harm to human health
or safety, to the use of the waters for
any beneficial purpose or to the living
resources of the watercourse. Watercourse
States shall take steps to harmonize their
policies in this connection.
Watercourse States shall, at the request
of any of them, consult with a view to arriving
at mutually agreeable measures and methods
to prevent, reduce and control pollution
of an international watercourse, such as:
(a) Setting joint water quality objectives
and criteria;
(b) Establishing techniques and practices
to address pollution from point and non-point
sources;
(c) Establishing lists of substances the
introduction of which into the waters of
an international watercourse is to be prohibited,
limited, investigated or monitored.
Article 22
Introduction of alien or new species
Watercourse States shall take all measures
necessary to prevent the introduction of
species, alien or new, into an international
watercourse which may have effects detrimental
to the ecosystem of the watercourse resulting
in significant harm to other watercourse
States.
Article 23
Protection and preservation of the marine
environment
Watercourse States shall, individually and,
where appropriate, in cooperation with other
States, take all measures with respect to
an international watercourse that are necessary
to protect and preserve the marine environment,
including estuaries, taking into account
generally accepted international rules and
standards.
Article 24
Management
1. Watercourse States shall, at the
request of any of them, enter into consultations
concerning the management of an international
watercourse, which may include the establishment
of a joint management mechanism.
2. For the purposes of this article,
"management" refers, in particular,
to:
(a) Planning the sustainable development
of an international watercourse and providing
for the implementation of any plans adopted;
and
(b) Otherwise promoting the rational and
optimal utilization, protection and control
of the watercourse.
Article 25
Regulation
1. Watercourse States shall cooperate,
where appropriate, to respond to needs or
opportunities for regulation of the flow
of the waters of an international watercourse.
2. Unless otherwise agreed, watercourse
States shall participate on an equitable
basis in the construction and maintenance
or defrayal of the costs of such regulation
works as they may have agreed to undertake.
3. For the purposes of this article,
"regulation" means the use of
hydraulic works or any other continuing
measure to alter, vary or otherwise control
the flow of the waters of an international
watercourse.
Article 26
Installations
1. Watercourse States shall, within
their respective territories, employ their
best efforts to maintain and protect installations,
facilities and other works related to an
international watercourse.
2. Watercourse States shall, at the
request of any of them which has reasonable
grounds to believe that it may suffer significant
adverse effects, enter into consultations
with regard to:
(a) The safe operation and maintenance of
installations, facilities or other works
related to an international watercourse;
and
(b) The protection of installations, facilities
or other works from wilful or negligent
acts or the forces of nature.
PART V. HARMFUL CONDITIONS AND EMERGENCY
SITUATIONS
Article 27
Prevention and mitigation of harmful conditions
Watercourse States shall, individually and,
where appropriate, jointly, take all appropriate
measures to prevent or mitigate conditions
related to an international watercourse
that may be harmful to other watercourse
States, whether resulting from natural causes
or human conduct, such as flood or ice conditions,
water-borne diseases, siltation, erosion,
salt-water intrusion, drought or desertification.
Article 28
Emergency situations
1. For the purposes of this article,
"emergency" means a situation
that causes, or poses an imminent threat
of causing, serious harm to watercourse
States or other States and that results
suddenly from natural causes, such as floods,
the breaking up of ice, landslides or earthquakes,
or from human conduct, such as industrial
accidents.
2. A watercourse State shall, without
delay and by the most expeditious means
available, notify other potentially affected
States and competent international organizations
of any emergency originating within its
territory.
3. A watercourse State within whose
territory an emergency originates shall,
in cooperation with potentially affected
States and, where appropriate, competent
international organizations, immediately
take all practicable measures necessitated
by the circumstances to prevent, mitigate
and eliminate harmful effects of the emergency.
4. When necessary, watercourse States
shall jointly develop contingency plans
for responding to emergencies, in cooperation,
where appropriate, with other potentially
affected States and competent international
organizations.
PART VI. MISCELLANEOUS PROVISIONS
Article 29
International watercourses and installations
in time of armed conflict
International watercourses and related installations,
facilities and other works shall enjoy the
protection accorded by the principles and
rules of international law applicable in
international and non-international armed
conflict and shall not be used in violation
of those principles and rules.
Article 30
Indirect procedures
In cases where there are serious obstacles
to direct contacts between watercourse States,
the States concerned shall fulfil their
obligations of cooperation provided for
in the present Convention, including exchange
of data and information, notification, communication,
consultations and negotiations, through
any indirect procedure accepted by them.
Article 31
Data and information vital to national defence
or security
Nothing in the present Convention obliges
a watercourse State to provide data or information
vital to its national defence or security.
Nevertheless, that State shall cooperate
in good faith with the other watercourse
States with a view to providing as much
information as possible under the circumstances.
Article 32
Non-discrimination
Unless the watercourse States concerned
have agreed otherwise for the protection
of the interests of persons, natural or
juridical, who have suffered or are under
a serious threat of suffering significant
transboundary harm as a result of activities
related to an international watercourse,
a watercourse State shall not discriminate
on the basis of nationality or residence
or place where the injury occurred, in granting
to such persons, in accordance with its
legal system, access to judicial or other
procedures, or a right to claim compensation
or other relief in respect of significant
harm caused by such activities carried on
in its territory.
Article 33
Settlement of disputes
1. In the event of a dispute between
two or more Parties concerning the interpretation
or application of the present Convention,
the Parties concerned shall, in the absence
of an applicable agreement between them,
seek a settlement of the dispute by peaceful
means in accordance with the following provisions.
2. If the Parties concerned cannot
reach agreement by negotiation requested
by one of them, they may jointly seek the
good offices of, or request mediation or
conciliation by, a third party, or make
use, as appropriate, of any joint watercourse
institutions that may have been established
by them or agree to submit the dispute to
arbitration or to the International Court
of Justice.
3. Subject to the operation of paragraph
10, if after six months from the time of
the request for negotiations referred to
in paragraph 2, the Parties concerned have
not been able to settle their dispute through
negotiation or any other means referred
to in paragraph 2, the dispute shall be
submitted, at the request of any of the
parties to the dispute, to impartial fact-finding
in accordance with paragraphs 4 to 9, unless
the Parties otherwise agree.
A Fact-finding Commission shall be established,
composed of one member nominated by each
Party concerned and in addition a member
not having the nationality of any of the
Parties concerned chosen by the nominated
members who shall serve as Chairman.
5. If the members nominated by the
Parties are unable to agree on a Chairman
within three months of the request for the
establishment of the Commission, any Party
concerned may request the Secretary-General
of the United Nations to appoint the Chairman
who shall not have the nationality of any
of the parties to the dispute or of any
riparian State of the watercourse concerned.
If one of the Parties fails to nominate
a member within three months of the initial
request pursuant to paragraph 3, any other
Party concerned may request the Secretary-General
of the United Nations to appoint a person
who shall not have the nationality of any
of the parties to the dispute or of any
riparian State of the watercourse concerned.
The person so appointed shall constitute
a single-member Commission.
6. The Commission shall determine
its own procedure.
7. The Parties concerned have the
obligation to provide the Commission with
such information as it may require and,
on request, to permit the Commission to
have access to their respective territory
and to inspect any facilities, plant, equipment,
construction or natural feature relevant
for the purpose of its inquiry.
8. The Commission shall adopt its
report by a majority vote, unless it is
a single-member Commission, and shall submit
that report to the Parties concerned setting
forth its findings and the reasons therefor
and such recommendations as it deems appropriate
for an equitable solution of the dispute,
which the Parties concerned shall consider
in good faith.
9. The expenses of the Commission
shall be borne equally by the Parties concerned
10. When ratifying, accepting, approving
or acceding to the present Convention, or
at any time thereafter, a Party which is
not a regional economic integration organization
may declare in a written instrument submitted
to the Depositary that, in respect of any
dispute not resolved in accordance with
paragraph 2, it recognizes as compulsory
ipso facto and without special agreement
in relation to any Party accepting the same
obligation:
(a) Submission of the dispute to the International
Court of Justice; and/or
(b) Arbitration by an arbitral tribunal
established and operating, 'unless the parties
to the dispute otherwise agreed, in accordance
with the procedure laid down in the annex
to the present Convention.
A Party which is a regional economic integration
organization may make a declaration with
like effect in relation to arbitration in
accordance with subparagraph (b).
PART VII. FINAL CLAUSES
Article 34
Signature
The present Convention shall be open for
signature by all States and by regional
economic integration organizations from
... until ... at United Nations Headquarters
in New York.
Article 35
Ratification, acceptance, approval or accession
1. The present Convention is subject
to ratification, acceptance, approval or
accession by States and by regional economic
integration organizations. The instruments
of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General
of the United Nations.
2. Any regional economic integration
organization which becomes a Party to this
Convention without any of its member States
being a Party shall be bound by all the
obligations under the Convention. In the
case of such organizations, one or more
of whose member States is a Party to this
Convention, the organization and its member
States shall decide on their respective
responsibilities for the performance of
their obligations under the Convention.
In such cases, the organization and the
member States shall not be entitled to exercise
rights under the Convention concurrently.
3. In their instruments of ratification,
acceptance, approval or accession, the regional
economic integration organizations shall
declare the extent of their competence with
respect to the matters governed by the Convention.
These organizations shall also inform the
Secretary-General of the United Nations
of any substantial modification in the extent
of their competence.
Article 36
Entry into force
1. The present Convention shall enter
into force on the ninetieth day following
the date of deposit of the thirty-fifth
instrument of ratification, acceptance,
approval or accession with the Secretary-General
of the United Nations.
2. For each State or regional economic
integration organization that ratifies,
accepts or approves the Convention or accedes
thereto after the deposit of the thirty-fifth
instrument of ratification, acceptance,
approval or accession, the Convention shall
enter into force on the ninetieth day after
the deposit by such State or regional economic
integration organization of its instrument
of ratification, acceptance, approval or
accession.
3. For the purposes of paragraphs
1 and 2, any instrument deposited by a regional
economic integration organization shall
not be counted as additional those deposited
by States.
Article 37
Authentic texts
The original of the present Convention,
of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General
of the United Nations.
IN WITNESS WHEREOF the undersigned plenipotentiaries,
being duly authorized thereto, have signed
this Convention.
DONE at New York, this ___________ day of
one thousand nine hundred and ninety-seven.
ANNEX
ARBITRATION
Article 1
Unless the parties to the dispute otherwise
agree, the arbitration pursuant to article
33 of the Convention shall take place in
accordance with articles 2 to 14 of the
present annex.
Article 2
The claimant party shall notify the respondent
party that it is referring a dispute to
arbitration pursuant to article 33 of the
Convention. The notification shall state
the subject matter of arbitration and include,
in particular, the articles of the Convention,
the interpretation or application of which
are at issue. If the parties do not agree
on the subject matter of the dispute, the
arbitral tribunal shall determine the subject
matter.
Article 3
1. In disputes between two parties,
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 or of any
riparian State of the watercourse concerned,
nor have his or her usual place of residence
in the territory of one of these parties
or such riparian State, nor have dealt with
the case in any other capacity.
2. In disputes between more than
two parties, parties in the same interest
shall appoint one arbitrator jointly by
agreement.
3. Any vacancy shall be filled in
the manner prescribed for the initial appointment.
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 President of the International
Court of Justice shall, at the request of
a party, designate the Chairman within a
further two-month 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 President of the International
Court of Justice, who shall make the designation
within a further two-month period.
Article 5
The arbitral tribunal shall render its decisions
in accordance with the provisions of this
Convention and international law.
Article 6
Unless the parties to the dispute otherwise
agree, the arbitral tribunal shall determine
its own rules of procedure.
Article 7
The arbitral tribunal may, at the request
of one of the Parties, recommend essential
interim measures of protection.
Article 8
1. The parties to the dispute shall
facilitate the work of the arbitral tribunal
and, in particular, using all means at their
disposal, shall:
(a) Provide it with all relevant documents,
information and facilities; and
(b) Enable it', when necessary, to call
witnesses or experts and receive their evidence.
2. The parties and the arbitrators
are under an obligation to protect the confidentiality
of any information they receive in confidence
during the proceedings of the arbitral tribunal.
Article 9
Unless the arbitral tribunal determines
otherwise because of the particular circumstances
of the case, the costs of the tribunal shall
be borne by the parties to the dispute in
equal shares. The tribunal shall keep a
record of all its costs, and shall furnish
a final statement thereof to the parties.
Article 10
Any 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 tribunal.
Article 11
The tribunal may hear and determine counterclaims
arising directly out of the subject matter
of the dispute.
Article 12
Decisions both on procedure and substance
of the arbitral tribunal shall be taken
by a majority vote of its members.
Article 13
If one of the parties to the dispute does
not appear before the arbitral tribunal
or fails to defend its case, the other party
may request the tribunal to continue the
proceedings and to make its award. Absence
of a party or a failure of a party to defend
its case shall not constitute a bar to the
proceedings. Before rendering its final
decision, the arbitral tribunal must satisfy
itself that the claim is well founded in
fact and law.
Article 14
1. The tribunal shall render its
final decision within five months of the
date on which it is fully constituted unless
it finds it necessary to extend the time
limit for a period which should not exceed
five more months.
2. The final decision of the arbitral
tribunal shall be confined to the subject
matter of the dispute and shall state the
reasons on which it is based'. It shall
contain the names of the members who have
participated and the date of the final decision.
Any member of the tribunal may attach a
separate or dissenting opinion to the final
decision.
3. The award shall be binding on
the parties to the dispute. It shall be
without appeal unless the parties to the
dispute have agreed in advance to an appellate
procedure.
4. Any controversy which may arise
between the parties to the dispute as regards
the interpretation or manner of implementation
of the final decision may be submitted by
either party for decision to the arbitral
tribunal which rendered it.
Notes
1 For the report of the Sixth Committee
on the work of the Working Group at its
first session, held from 7 to 25 October
1996, see document A/51/624.
2 Official Records of the General Assembly,
Forty-ninth Session, Supplement No. 10 (A/49/10),
chap. III.D.
