Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea
(New York, 28 July 1994)

OBJECTIVES

        The Secretary-General convened in 1992 a series of informal consultations to address certain difficulties with the seabed mining provisions contained in Part XI of the Convention, which had been raised, primarily by the industrialized countries.  This culminated in the adoption, on 28 July 1994, of the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. 


KEY PROVISIONS

        The Agreement consists of 10 articles relating to the procedural aspects of participation by States and other defined entities, such as signature, entry into force and provisional application. Its article 2 deals with the relationship between the Agreement and Part XI of the Convention and it provides that the two shall be interpreted and applied together as a single instrument. In the event of an inconsistency between the Agreement and Part XI of the Convention, however, the provisions of the Agreement shall prevail.

        The Agreement has an annex, divided into nine sections, dealing with the various issues that were identified as problem areas during the informal consultations. These include costs to States Parties and institutional arrangements, decision-making mechanisms for the Authority, the Review Conference, production policy and financial terms of contracts.   


ENTRY INTO FORCE

        The Agreement entered into force on 28 July 1996, 30 days after the date on which 40 States established their consent to be bound. 


HOW TO BECOME A PARTY

        The Agreement is closed for signatures. The Agreement is open for ratification by States and other entities referred to in article 305, paragraph 1 (c), (d), (e) of the Convention, and to formal confirmation by international organizations, in accordance with Annex IX of the Convention.  The Agreement is also open for accession by States and other entities referred to in article 305, and by international organizations, in accordance with Annex IX of the Convention.  Pursuant to Annex IX, an international organization may deposit its instrument of formal confirmation or accession only if a majority of its member States deposit or have deposited their instruments of ratification or accession.
        No State or entity may establish its consent to be bound by the Agreement unless it has previously established or establishes at the same time its consent to be bound by the Convention.  Any instrument of ratification, formal confirmation of or accession to the Convention shall also represent consent to be bound by the Agreement, following its adoption.


OPTIONAL AND/OR MANDATORY DECLARATIONS