CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION … this Article without convening a conference. The Secretary-General shall circulate the communication to all States Parties. According to the Article 313(3) of the Convention: [I]f, 12 months from the date of the circulation of the communication, no State Party has objected to the proposed amendment or to the proposal for its adoption by the simplified procedure, the proposed amendment shall be considered adopted. The Secretary General shall notify all States Parties that the proposed amendment has been adopted. At present, however, it is not clear how the UNCLOS Contracting States would behave, the objection of a single state is enough, and the change cannot be accepted. However, the Convention on the Law of the Sea refers to relevant international organizations in several sections. Their role is significant for the implementation of its provisions. These organizations include the International Maritime Organization. Compared to the UN Convention on the Law of the Sea, the regulation within the International Maritime Organization (IMO) 49 is more adaptable. For example, the International Convention for the Safety of Life at Sea (SOLAS), 50 1974, contains several provisions on changes in Article VIII. According to Article VIII(b)(1v) amendments are accepted by two-thirds of the contracting states present and voting in the Maritime Safety Committee, provided that at least one third of the contracting parties are present at the time of the vote. Changes are adopted by resolution of the IMO Maritime Safety Committee. The UN Convention on the Law of the Sea refers to the relevant international organizations in a number of provisions, which is in particular the International Maritime Organization. 51 For example, in Article 60(3), which refers to the removal of abandoned artificial islands, facilities, and structures, so as to ensure the safety of navigation. This provision has been reasonably interpreted by the International Maritime Organization to mean that some parts of these facilities may remain in place if it makes sense. 52 Other provisions that refer to the International Maritime Organization, for example, relate to the protection and preservation of the marine environment, etc. The development of the provisions of the UN Convention on the Law of the Sea also occurs through the interpretation of their provisions by international courts and arbitration tribunals. In this direction, the organs created on the basis of the Convention on the Law of the Sea, the International Tribunal for the Law of the Sea and the arbitral tribunals created on the basis of the Convention, also play an important role. The dispute settlement mechanism under the UNCLOS is based on a balance between voluntary and mandatory procedures. It can be stated that the mechanism of mandatory dispute resolution under the Convention is beneficial. An example is the judgment of the International Tribunal for the Law of the Sea in the case of M/V Saiga No. 2 (St. Vincent and The Grenadines v. Guinea). 53 In this case, the Tribunal stated, among 49 Convention on the International Maritime Organization, 6 March 1948, UNTS No. 289, 1958, p. 3. 50 International Convention for the Safety of Life at Sea, 1 November, 1974, UNTS No. 18961, p. 278. 51 International Maritime Organization, IMO Guidelines and Standards for the Removal of offshore Installations and Structures on the Continental Shelf and in the Exclusive Economic Zone, IMO Resolution A.672(16), 19. October 1989 in: BROWN, E. D. The International Law of the Sea. Volume II, Documents, Cases and Tables . Aldershot: Darthmouth, 1994, p. 117. 52 BARRETT, J. and BARNES, R. Law of the Sea. UNCLOS as a Living Treaty. London: The British Institute of International and Comparative Law, 2016, p. lxxviii. 53 International Tribunal for the law of the Sea. The M/V ‘SAIGA’ (No. 2) Case ( Saint Vincent and the Grenadines v. Guinea ) List of cases: No. 2. Judgement, 1999, para. 156.

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