日本財団 図書館


PART XI THE AREA
 
SECTION 1. GENERAL PROVISIONS
 
Article 133 Use of terms For the purposes of this Part:
 
(a) “resources” means all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the sea-bed, including polymetallic nodules and sulphides, cobalt crusts, hydrates and hydrocarbons;
 
(b) living organisms belonging to the sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil;
 
(c) genetic resources including the thermophile bacteria of the deep sea-bed.
 
Article 134 Scope of this Part
 
1. This Part applies to the management and development of the mineral resources of the seas and oceans, including the Area and its resources.
 
2. Nothing in this Article affects the establishment of the outer limits of the continental shelf in accordance with part VI or the validity of agreements relating to delimitation between States with opposite or adjacent coasts.
 
Article 135 Legal status of the superjacent waters and air space
 
 Neither this Part nor any rights granted or exercised pursuant thereto shall affect the legal status of the waters superjacent to the Area and that of the air space above these waters.
 
SECTION 2. PRINCIPLES GOVERNING THE AREA
 
Article 136 Common Heritage of Mankind
 
 The Area and its resources are the common heritage of mankind.
 
Article 137 Non-appropriability of the Common Heritage of Mankind
 
1. No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized.
 
2. All rights in the resources of the Area are vested in mankind as a whole on whose behalf the Authority shall act.
 
3. No State or natural or juridical person shall claim, acquire or exercise rights with respect to the resources recovered from the Area except in accordance with this Part. Otherwise, no such claim, acquisition or exercise of such rights shall be recognized.
 
Article 138 Benefit of mankind
 
1. Activities in the Area shall, as specifically provided for in this Part, be carried out for the benefit of mankind as a hole, irrespective of the geographical location of States, whether coastal or land-locked, and taking into particular consideration the interests and needs of developing States and of people who have not attained full independence or other self-governing status recognized by the United Nations in accordance with General Assembly resolution 1514 and other relevant General Assembly resolutions.
 
2. The Authority shall provide for the equitable sharing of financial and other benefits derived from deep sea-bed mining activities through any appropriate mechanism, on a non-discriminatory basis.
 
Article 139 Use of the Area exclusively for peaceful purposes
 
 The Area shall be open to use exclusively for peaceful purpose by all States, whether coastal or land-locked, without discrimination and without prejudice to the other provisions of this Part.
 
Article 140 Protection of the marine environment
 
 Necessary measures shall be taken in accordance with this Convention and with other Conventions such as the Framework Convention on Climate Change and the Biodiversity Convention as well as the Regional Seas Convention, with respect to activities in the Area, to ensure effective protection for the marine environment and biodiversity, from harmful effects which may arise from such activities. To this end the Authority shall adopt appropriate rules, regulations and procedures for inter alia:
 
(a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment, particular attention being paid to the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities;
 
(b) the protection and conservation of the natural resources of the Area for future generations, the prevention of damage to the flora and fauna of the marine environment and the conservation of biodiversity.
 
Article 141 Marine scientific research
 
1. Marine scientific research in the Area shall be carried out exclusively for peaceful purposes and for the benefit of mankind as a whole, in accordance with Part XIII.
 
2. The Authority may carry out marine scientific research concerning the Area and its resources and make the appropriate institutional arrangements to enable it to do so. It may also enter into contracts for that purpose and cooperate with the competent international organisations such as the Intergovernmental Oceanographic Commission of UNESCO or the Regional Centres for the advancement of marine science and technology established in accordance with Articles 276 and 277 of this Convention.
 
3. The Authority shall promote, encourage and coordinate the conduct of marine scientific research in the Area and shall disseminate the results of such research and analysis, especially among developing countries.
 
4. States Parties may carry out marine scientific research in the Area. States parties shall promote international co-operation in marine scientific research in the Area by:
 
(a) participating in international programmes and encouraging co-operation in marine scientific research by personnel of different countries and of the Authority;
 
(b) ensuring that programmes are developed through the Authority or other international organisations as appropriate for the benefit of developing States and technologically less developed States with a view to:
 
(i) strengthening their research capabilities;
 
(ii) training their personnel and the personnel of the Authority in the techniques and applications of research;
 
(iii) fostering the employment of their qualified personnel in research in the Area;
 
(c) effectively disseminating the results of research and analysis through the Authority or other international channels when appropriate.
 
Article 142 Transfer of technology
 
1. The Authority shall take measures in accordance with this Convention
 
(a) to acquire scientific knowledge and environmentally sustainable technology relating to activities in deep sea exploration and exploitation; and
 
(b) to promote and encourage the transfer to developing States of such technology and scientific knowledge so that all States Parties benefit therefrom.
 
Article 143 General conduct of States in relation to the Area
 
 The general conduct of States in relation to the Area shall be in accordance with the provisions of this Part, the principles embodied in the Charter of the United Nations and other rules of international law in the interests of maintaining peace and security and promoting international co-operation and mutual understanding.
 
Article 144 Responsibility to ensure compliance and liability for damage
 
1. States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by States Parties, or State enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with this Part. The same responsibility applies to international organizations for activities in the Area carried out by such organizations.
 
2. Without prejudice to the rules of international law, damage caused by the failure of a State Party or international organization to carry out its responsibilities under this Part shall entail liability; States Parties or international organizations acting together shall bear joint and several liability. A State Party shall not however be liable for damage caused by any failure to comply with this Part by a person whom it has sponsored under Article, paragraph, if the State Party has taken all necessary and appropriate measures to secure effective compliance under Article.
 
3. States Parties that are members of international organizations shall take appropriate measures to ensure the implementation of this article with respect to such organisations.
 
Article 145 Rights and legitimate interests of coastal States
 
1. Activities in the Area, with respect to resource deposits in the Area which lie across limits of national jurisdiction, shall be conducted with due regard to the rights and legitimate interests of any coastal State across whose jurisdiction such deposits lie.
 
2. Consultations, including a system of prior notification, shall be maintained with the State concerned, with a view to avoiding infringements of such rights and interests. In cases where activities in the Area may result in the exploitation of resources lying within national jurisdiction the prior consent of the coastal State concerned shall be required.
 
3. As a general rule the establishment of joint development zones or joint management zones shall be encouraged with respect to such resource deposit within areas between 300 and 400 nautical miles measured from the base lines from which the territorial sea of the coastal State is measured.
 
4. Neither this Part nor any rights granted or exercised pursuant thereto shall affect the rights of coastal States to take such measures consistent with the relevant provisions of Pat XII as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline, or related interests from pollution or threat thereof or from other hazardous occurrences resulting from or caused by any activities in the Area.
 
Article 146 Joint Ventures between the Authority and the Coastal State
 
 Upon request by a coastal State, the Authority may enter into a contract or joint venture with that State for the exploration and exploitation of the mineral resources within its Exclusive Economic Zone.
 
Article 147 Protection of human life
 
 With respect to activities in the Area, necessary measures shall be taken to ensure effective protection of human life. To this end the Authority shall adopt appropriate rules, regulations and procedures to supplement existing international law as embodied in relevant treaties.
 
Article 148 Accommodation of activities in the Area and in the marine environment
 
1. Activities in the Area shall be carried out with reasonable regard for other activities in the marine environment.
 
2. Installations used for carrying out activities in the Area shall be subject to the following conditions:
 
(a) such installations shall be erected, emplaced and removed solely in accordance with this Part and subject to the rules, regulations and procedures of he Authority. Due notice must be given of the erection, emplacement and removal of such installations, and permanent means for giving warning of their presence must be maintained;
 
(b) such installations may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation or in areas of intense fishing activity;
 
(c) safety zones shall be established around such installations with appropriate markings to ensure the safety of both navigation and the installations. The configuration and location of such safety zones shall not be such as to form a belt impeding the lawful access of shipping to particular maritime zones or navigation along international sea lanes;
 
(d) such installations shall be used exclusively for peaceful purposes;
 
(e) such installations do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the definition of the territorial sea, the exclusive economic zone or the continental shelf.
 
3. Other activities in the marine environment shall be conducted with reasonable regard for activities in the Area.
 
Article 149 Participation of developing States in activities in the Area
 
 The effective participation of developing States in activities in the Area shall be promoted as specifically provided for in this Part, having due regard to their special interests and needs, and in particular to the special need for the land-locked and geographically disadvantaged and small island developing States among them, to overcome obstacles arising from their disadvantaged position.
 
Article 150 Archaeological and historical objects
 
 All objects of an archaeological and historical nature found in the Area shall be preserved or disposed of for the benefit of mankind as a whole, particular regard being paid to the preferential rights of the State or country of origin, or the State of cultural origin, or the State of historical and archaeological origin.
 








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