FINAL PROVISIONS

Section: Part XVII, Articles 305-320
Full text with footnotes

The entry into force of the Convention follows common procedure for international conventions; it is open for signature , and subject to ratification, formal confirmation , and accession . The Convention will not enter into force until twelve months after the deposit of the sixtieth instrument of ratification or accession  with the Secretary-General of the United Nations, who is the depository of the Convention and any amendments thereto . After its entry into force, the Convention will be binding on all states which have ratified or acceded to it, and they will be obligated to apply the provisions of the Convention to the relations among themselves , the rights and obligations of states parties arising from other agreements will not be affected by the entry into force of the Convention, as long as such agreements are not incompatible with the Convention and do not hinder other states parties in the enjoyment of their rights or the performance of their obligations under the Convention . Agreements between states parties which modify or suspend operation of provisions of the Convention are even possible as long as such agreements do not hinder effective execution of the object and purpose of the Convention . Reservations or exceptions are permitted only when expressly allowed by the Convention , ensuring equitable application of the Convention. States may, when signing, ratifying, or acceding to the Convention, make declarations or statements as long as such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of the Convention in their application to that state . States are to ensure full application of the Convention principles, including that of the common heritage of mankind .
All other states, whether they signed the Convention (possible until December 9, 1984 ) or not, cannot be forced to apply the Convention, although this does not exclude the possibility that provisions of the Convention might acquire the force of customary international law and would therefore find application as such. In addition, all states which signed the Convention (as of the final deadline in 1984, there was a total of 159 signatures, not all of them from states) must refrain from acts which are contrary to the objectives of the Convention, unless they declare they are no longer willing to be bound by their signature or behave in a manner which would be tantamount to such a declaration. However, the state's signature means that the state is allowed to participate in the Preparatory Commission  which is to prepare the installation of the Sea-Bed Authority and the Tribunal for the Law of the Sea. The Authority will acquire international legal personality  at the moment the Convention enters into force and can immediately thereupon begin to operate in accordance with the Convention . The Tribunal is then constituted .
A state party may at any time denounce the Convention, either with or without indication of its reasons; the denunciation takes effect one year after the date of notification unless a later date is specified in the notification .
The Convention includes provisions for amending or establishing alternatives to present regulations contained in the Convention .



ENTRY INTO FORCE AND APPLICABILITY OF THECONVENTION AND AMENDMENTS

Section: Part XVII, Articles 305-320


Reprint from 1988 Edition
 
 



GENERAL
APPLICABILITY OF THE
CONVENTION

EFFECT ON THE
STATES

Signature (Article 305)
- Open for signature until
   December 9, 1984
- For all states
- For bodies mentioned in
  Article 305,
  subparagraphs l(b-f)

In Principle NONE
but.
- The high number of signatures
(159) has a significant effect on
customary law
- There is a difference in
understanding between
industrialized and developing
countries on this point

A state which has signed
must refrain from acts
which are contrary to
the Convention

Ratification (Article 306)
Accession (Article 307)
- The Secretary-General of
   the United Nations is the
   Depository

Until deposit of 60th instrument,
same as above

Ratification can have an immediate
effect on national law


As of deposit of 60th instrument
Convention enters into force 12
months after deposit
(Article 308, Paragraph 1),
binding all ratifying
and acceding States

The Convention
becomes international
law and is applicable law
among all states parties



Possible only when expressly
permitted by other articles
of the Convention Permitted as
long as applicability of
Convention is not affected


Reservations
(Article 309)

Declarations
(Article 310)

Prevails over 1958
Conventions on Law of
the Sea

Principles of Convention,
including "common heritage
of mankind", may not be
suspended

Other Conventions
(Article 311)



State must fulfil any
obligations of the
Convention to which it
would be subject under
international law
(Article 317, Paragraph 3)

Possible at any time, goes into effect at
earliest 1 year after date of notification

Denunciation
(Article 317)

Amendments adopted
open for signature for 12
months (Article 315)
Effect see above

Entry into force 30 days after
ratification by 2/3rds of the
States Parties or 60,
whichever greater
(Article 316, Paragraph1)
Entry into force 1 year after
ratification by 3/4ths of States
Parties (Article 316,Paragraph 5)

Amendments
(Article 312-316)
- upon request of a
State  Party
(a) On questions besides
those concerning activities
in the Area, after 10 years
(Articles 312, 313)
(b) On questions concerning
activities in the Area at any
time (Article 314)


Authentic Texts
(Article 320)

The Arabic, Chinese, English,
French, Russian, and Spanish
texts are equally authentic