FRONT MATTER.PMD - International Seabed Authority

Convention: Notes
191
NOTE ON THE CONSOLIDATION OF PART XI AND ANNEX III
OF THE CONVENTION AND THE AGREEMENT RELATING TO
THE IMPLEMENTATION OF PART XI OF THE CONVENTION
In this Compendium, Part XI, and Annex III, of the Convention have been consolidated
with the relevant provisions of the Agreement relating to the
implementation of Part XI of the United Nations Convention on the Law of the Sea.
This unofficial consolidation of Part XI and the Agreement has been prepared by
the Office of Legal Affairs of the International Seabed Authority and was originally
published by the Authority in 1998 (ISA/98/04). It in no way replaces the official
texts of the Convention and the Agreement published by the United Nations (UN
Publication, Sales No. E.97.V.10).
In accordance with article 2 of the Agreement, the provisions of the Agreement
and Part XI shall be interpreted and applied together as a single instrument.
In the event of any inconsistency between the Agreement and Part XI, the provisions
of the Agreement shall prevail.
The text of the consolidation follows the order of Part XI of the Convention.
Relevant provisions of the Agreement are inserted in the appropriate places in the
text. Certain provisions of the Agreement affect more than one provision of Part XI
and are therefore repeated in several places.
In a number of instances, the Agreement states that a particular provision of
Part XI “does not apply”. In such cases, so as not to interrupt the flow of the text,
the provisions of Part XI which, pursuant to the Agreement, do not apply are indicated
by an endnote reference and omitted from the main body of the text. For
reference purposes, those provisions are, however, set out in full at the end of this
note.
In a number of cases, provisions contained in Part XI include cross-references
to other provisions of Part XI which, pursuant to the Agreement, no longer apply.
Where this occurs, reference is made by means of a footnote to the equivalent, or
parallel, provision of the Agreement. The applicability, or otherwise, of the equivalent,
or parallel, provision would be subject to article 2 of the Agreement.
The annex to the Agreement does not follow the same order as Part XI of the
Convention. Accordingly, in consolidating the provisions of the annex to the Agreement
with the provisions of Part XI, it is not possible to set out the provisions of the
annex to the Agreement sequentially. The entire text of the Agreement, in its original
form as an annex to General Assembly resolution 48/263, is also reproduced in
this Compendium.