法律令和7年12月17日

International Agreement: Articles on Implementation, Compliance, and Dispute Settlement

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令和7年12月17日

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p.59 - p.60

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International Agreement: Articles on Implementation, Compliance, and Dispute Settlement

令和7年12月17日|p.59-60

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Article 54

Monitoring of implementation

Each Party shall monitor the implementation of its obligations under this Agreement

and shall, in a format and at intervals to be determined by the Conference of the Parties

report to the Conference on measures that it has taken to implement this Agreement.

Article 55

Implementation and Compliance Committee

1. An Implementation and Compliance Committee to facilitate and consider the

implementation of and promote compliance with the provisions of this Agreement is

hereby established. The Implementation and Compliance Committee shall be facilitative

in nature and function in a manner that is transparent, non-adversarial and non-punitive.

2. The Implementation and Compliance Committee shall consist of members

possessing appropriate qualifications and experience nominated by Parties and elected by

the Conference of the Parties, with due consideration given to gender balance and equitable

geographical representation.

3. The Implementation and Compliance Committee shall operate under the modalities

and rules of procedure adopted by the Conference of the Parties at its first meeting. The

Implementation and Compliance Committee shall consider issues of implementation and

compliance at the individual and systemic levels, inter alia, and report periodically anc

make recommendations, as appropriate while cognizant of respective nationa

circumstances, to the Conference of the Parties.

4. In the course of its work, the Implementation and Compliance Committee may draw

on appropriate information from bodies established under this Agreement, as well as

relevant legal instruments and frameworks and relevant global, regional, subregional and

sectoral bodies, as may be required.

SETTLEMENT OF DISPUTES

Parties shall cooperate in order to prevent disputes.

Parties have the obligation to settle their disputes concerning the interpretation or

application of this Agreement by negotiation, inquiry, mediation, conciliation, arbitration,

judicial settlement, resort to regional agencies or arrangements, or other peaceful means of

their own choice.

Settlement of disputes by any peaceful means chosen by

Nothing in this Part impairs the right of any Party to this Agreement to agree at any

time to settle a dispute between them concerning the interpretation or application of this

Agreement by any peaceful means of their own choice.

Disputes of a technical nature

Where a dispute concerns a matter of a technical nature, the Parties concerned may

refer the dispute to an ad hoc expert panel established by them. The panel shall confer with

the Parties concerned and shall endeavour to resolve the dispute expeditiously without

recourse to binding procedures for the settlement of disputes under article 60 of this

Agreement.

Article 60

Procedures for the settlement of disputes

Disputes concerning the interpretation or application of this Agreement shall be

settled in accordance with the provisions for the setflement of disputes provided for in

Part XV of the Convention

1.0The provisions of Part XV of and Annexes V, VI and VI to to the Convinnnnnnnnnnnnnnnnnnnndddd

shall be deemed to be replicated for the purpose of the settlement of disputes involving a

Party to this Agreement that is not a Party to the Convention.

3. Any procedure accepted by a Party to this Agreement that :0.0also a Party to the

Convention pursuant to article 287 of the Convention shall apply to the settlement of

disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or

acceding to this Agreement, or at any time thereafter, has accepted another procedure

pursuant to article 287 of the Convention for the settlement of disputes under this Part.

4. Any declaration made by a Party to this Agreement that is also a Party to the

Convention pursuant to article 298 of the Convention shall apply to the settlement of

disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or

acceding to this Agreement, or at any time thereafter, has made a different declaration

pursuant to article 298 of the Convention for the sefflement of disputes under this Part.

. Pursuant to paragraph 2 above, a Party to this Agreement that is not a Party to the

Convention, when signing, ratifying, approving, accepting or acceding to this Agreement,

or at any time thereafter, shall be free to choose, by means of a written declaration.

submitted to the depositary, one or more of the following means for the settlement of

disputes concerning the interpretation or application of this Agreement:

(a) The International Tribunal for the Law of the Sea;

(b)The International Court of Justice;

(d) An Annex VII special arbitribunal for one one or mof the categories of

disputes specified in said Annex.

5. A Party to this Agreement that is not a Party to the Convention that has not issued a

declaration shall be deemed to have accepted the option in paragraph 5 (c) above. If the

parties to a dispute have accepted the same procedure for the settlement of the dispute, it

may be submitted only to that procedure, unless the parties otherwise agree. If the parties

to a dispute have not accepted the same procedure for the setflement of the dispute, it may

be submitted only to arbitration under Annex VII the Convention, unless the parties

otherwise agree. Article 287, paragraphs 6 to 8, of the Convention shall apply to

declarations made under paragraph 5 above.

7. A Party to this Agreement that is not a Party to the Convention may, when signing,

ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter,

without prejudice to the obligations arising under this Part, declare in writing that it does

not accept any or more of the procedures provided for in Part XV, section 2, of the

Convention with respect to one or more of the categories of disputes set out in article 298

of the Convention for the settlement of disputes under this Part. Article 298 of the

Convention shall apply to such a declaration.

3. The provisions of this article shall be without prejudice to the procedures on the

setflement of disputes to which Parties have agreed as participants in a relevant legal

instrument or framework, or as members of a relevant global, regional, subregional or

sectoral body concerning the interpretation or application of such instruments and

frameworks.

9. Nothing in this Agreement shall be interpreted as conferring jurisdiction upon a

court or tribunal over any dispute that concerns or necessarily involves the concurrent

consideration of the legal status of an area as within national jurisdiction, nor over any

dispute concerning sovereignty or other rights over continental or insular land territory or

a claim thereto of a Party to this Agreement, provided that nothing in this paragraph shall

be interpreted as limiting the jurisdiction of a court or tribunal under Part XV, section 2, of

the Convention.

10. For the avoidance of doubt, nothing in this Agreement shall be relied upon as a basis

for asserting or denying any claims to sovereignty, sovereign rights or jurisdiction over

land or maritime areas, including in respect to any disputes relating thereto

Article 61

Pending the settlement of a dispute in accordance with this Part, the parties to the

dispute shall make every effort to enter into provisional arrangements of a practical nature

Parties shall encourage non-parties to this Agreement to become Parties thereto and

to adopt laws and regulations consistent with its provisions.

PART XI

Parties shall fulfil in good faith the obligations assumed under this Agreement and

exercise the rights recognized therein in a manner that would not constitute an abuse of

right.

PART XII

FINAL PROVISIONS

Article 64

Right to vote

1. Each Party to this Agreement shall have one vote, except as provided for in

paragraph 2 below.

2. A regional economic integration organization Party to this Agreement, on matters

within its competence, shall exercise its right to vote with a number of votes equal to the

number of its member States that are Parties to this Agreement. Such an organization shall

not exercise its right to vote if any of its member States exercises its right to vote, and vice

versa.

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