5. The special commission shall render its decision within a period of five months from the time it is appointed unless it decides, in case of necessity, to extend the time limit for a period not exceeding three months. 6. The special commission shall, in reaching its decisions, adhere to these articles and to any special agreements between the disputing parties regarding settlement of the dispute. 7. Decisions of the commission shall be by majority vote. ARTICLE 10 1. The special commission shall, in disputes arising under article 7, apply the criteria listed in paragraph 2 of that article. In disputes under articles 4, 5, 6 and 8 the commission shall apply the following criteria, according to the issues involved in the dispute: (a) Common to the determination of disputes arising under articles 4, 5 and 6 are the requirements: (i) That scientific findings demonstrate the necessity of conservation measures; (ii) That the specific measures are based on scientific findings and are practicable; and (iii) That the measures do not discriminate, in form or in fact, against fishermen of other States. (b) Applicable to the determination of disputes arising under article 8 is the requirement that scientific findings demonstrate the necessity for conservation measures, or that the conservation programme is adequate, as the case may be. 2. The special commission may decide that pending its award the measures in dispute shall not be applied, provided that, in the case of disputes under article 7, the measures shall only be suspended when it is apparent to the commission on the basis of prima facie evidence that the need for the urgent application of such measures does not exist. ARTICLE 11 The decisions of the special commission shall be binding on the States concerned and the provisions of paragraph 2 of Article 94 of the Charter of the United Nations shall be applicable to those decisions. If the decisions are accompanied by any recommendations, they shall receive the greatest possible consideration. ARTICLE 12 1. If the factual basis of the award of the special commission is altered by substantial changes in the conditions of the stock or stocks of fish or other living marine resources or in methods of fishing, any of the States concerned may request the other States to enter into negotiations with a view to prescribing by agreement the necessary modifications in the measures of conservation. 2. If no agreement is reached within a reasonable period of time, any of the States concerned may again resort to the procedure contemplated by article 9 provided that at least two years have elapsed from the original award. ARTICLE 13 1. The regulation of fisheries conducted by means of equipment embedded in the floor of the sea in areas of the high seas adjacent to the territorial sea of a State may be undertaken by that State where such fisheries have long been maintained and conducted by its nationals, provided that non-nationals are permitted to participate in such activities on an equal footing with nationals except in areas where such fisheries have by long usage been exclusively enjoyed by such nationals. Such regulations will not, however, affect the general status of the areas as high seas. 2. In this article, the expression "fisheries conducted by means of equipment embedded in the floor of the sea" means those fisheries using gear with supporting members embedded in the sea floor, constructed on a site and left there to operate permanently or, if removed, restored each season on the same site. ARTICLE 14 In articles 1, 3, 4, 5, 6 and 8, the term "nationals" means fishing boats or craft of any size having the nationality of the State concerned, according to the law of that State, irrespective of the nationality of the members of their crews. ARTICLE 15 This Convention shall, until 31 October 1958, be open for signature by all States Members of the United Nations or of any of the specialised agencies, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. ARTICLE 16 This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. ARTICLE 17 This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 15. The instruments of accession shall be deposited with the SecretaryGeneral of the United Nations. ARTICLE 18 1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.(2) 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. ARTICLE 19 1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 6, 7, 9, 10, 11 and 12. 2. Any Contracting State making a reservation in accordance with the preceding paragraph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. ARTICLE 20 1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request. (2) The Convention entered into force on 20th March, 1966. ARTICLE 21 The Secretary-General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 15: (a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 15, 16 and 17; (b) of the date on which this Convention will come into force, in accordance with article 18; (c) of requests for revision in accordance with article 20; (d) of reservations to this Convention, in accordance with article 19. ARTICLE 22 The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article 15. In witness whereof the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed this Convention. Done at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight. Australia Cambodia LIST OF CONTRACTING PARTIES TO THE CONVENTION Portugal FINAL ACT of the International Conference on Diplomatic Relations.-Vienna, 18th April, 1961(1) 1. The General Assembly of the United Nations, by resolution 1450 (XIV) of 7 December 1959, decided to convene an international conference of plenipotentiaries to consider the question of diplomatic intercourse and immunities and to embody the results of its work in an international convention, together with such ancillary instruments as might be necessary. The General Assembly, accepting an invitation extended by the Federal Government of Austria, also asked the Secretary-General to convoke the conference at Vienna not later than the spring of 1961. 2. The United Nations Conference on Diplomatic Intercourse and Immunities met at the Neue Hofburg in Vienna, Austria, from 2 March to 14 April 1961. 3. The Governments of the following eighty-one States were represented at the Conference: Albania, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Canada, Central African Republic, Ceylon, Chad, Chile, China, Colombia, Congo (Leopoldville), Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia, Federal Republic of Germany, Federation of Malaya, Finland, France, Ghana, Greece, Guatemala, Haiti, Holy See, Honduras, Hungary, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Japan, Lebanon, Liberia, Libya, Liechtenstein, Luxembourg, Mali, Mexico, Morocco, Netherlands, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Viet Nam, Romania, Saudi Arabia, Senegal, Spain, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukrainian Soviet Socialist Republic, Union of South Africa, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela, Yugoslavia. 4. At the invitation of the General Assembly, the following specialised agencies were represented by observers at the Conference: International Labour Organisation; Food and Agriculture Organisation of the United Nations; United Nations Educational, Scientific and Cultural Organisation. (1) Miscellaneous No. 6 (1961) (Cmnd. 1368).. |