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1982年聯合國海洋法公約(附英文) (46)
雙擊自動滾屏 文章來源:網上轉載   發布者:admin   發布時間:2001-7-28   閱讀:57273

 

Article 2
   Lists of experts
   1. A list of experts shall be established and maintained in respect of
 each of the fields of (1) fisheries, (2) protection and preservation of
 the marine environment, (3) marine scientific research, and (4)
 navigation, including pollution from vessels and by dumping.
   2. The lists of experts shall be drawn up and maintained, in the field
 of fisheries by the Food and Agriculture Organisation of the United
 Nations, in the field of protection and preservation of the marine
 environment by the United Nations Environment Programme, in the field of
 marine scientific research by the Inter-Governmental Oceanographic
 Commission, in the field of navigation, including pollution from vessels
 and by dumping, by the International Maritime Organisation, or in each
 case by the appropriate subsidiary body concerned to which such
 organisation, programme or commission has delegated this function.
   3. Every State Party shall be entitled to nominate two experts in each
 field whose competence in the legal, scientific or technical aspects of
 such field is established and generally recognised and who enjoy the
 highest reputation for fairness and integrity. The names of the persons so
 nominated in each field shall constitute the appropriate list.
   4. If at any time the experts nominated by a State Party in the list
 so constituted shall be fewer than two, that State Party shall be entitled
 to make further nominations as necessary.
   5. The name of an expert shall remain on the list until withdrawn by
 the State Party which made the nomination, provided that such expert shall
 continue to serve on any special arbitral tribunal to which that expert
 has been appointed until the completion of the proceedings before that
 special arbitral tribunal. 
 
 Article 3
   Constitution of special arbitral tribunal
   For the purpose of proceedings under this Annex, the special arbitral
 tribunal shall, unless the parties otherwise agree, be constituted as
 follows:
     (a) Subject to subparagraph (g), the special arbitral tribunal
 shall consist of five members.
     (b) The party instituting the proceedings shall appoint two member
 to be chosen preferably from the appropriate list or lists referred to in
 Article 2 of this Annex relating to the matters in dispute, one of whom
 may be its national. The appointment shall be included in the notification
 referred to in Article 2 of this Annex.
     (c) The other party to the dispute shall, within 30 days of
 receipt of the notification referred to in Article 1 of this Annex,
 appoint two members to be chosen preferably from the appropriate list or
 lists relating to the matters in dispute, one of whom may be its national.
 If the appointments are not made within that period, the party instituting
 the proceedings may, within two weeks of the expiration of that period,
 request that the appointments be made in accordance with subparagraph (e).
     (d) The parties to the dispute shall by agreement appoint the
 President of the special arbitral tribunal, chosen preferably from the
 appropriate list, who shall be a national of a third State, unless the
 parties otherwise agree. If, within 30 days of receipt of the notification
 referred to in Article 1 of this Annex, the parties are unable to reach
 agreement on the appointment of the President, the appointment shall be
 made in accordance with subparagraph (e), at the request of a party to the
 dispute. Such request shall be made within two weeks of the expiration of
 the aforementioned 30-day period.
     (e) Unless the parties agree that the appointment be made by a
 person or a third State chosen by the parties, the Secretary-General of
 the United Nations shall make the necessary appointments within 30 days of
 receipt of a request under subparagraphs (c) and (d). The appointments
 referred to in this subparagraph shall be made from the appropriate list
 or lists of experts referred to in Article 2 of this Annex and in
 consultation with the parties to the dispute and the appropriate
 international organisation. The members so appointed shall be of different
 nationalities and may not be in the service of, ordinarily resident in the
 territory of, or nationals of, any of the parties to the dispute.
     (f) Any vacancy shall be filled in the manner prescribed for the
 initial appointment.
     (g) Parties in the same interest shall appoint two members of the
 tribunal jointly by agreement. Where there are several parties having
 separate interests or where there is disagreement as to whether they are
 of the same interest, each of them shall appoint one member of the
 tribunal.
     (h) In disputes involving more than two parties, the provisions of
 subparagraphs (a) to (f) shall apply to the maximum extent possible. 
 
 Article 4
   General provisions
   A

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