124 



productivity of the living resources of the 

 sea, adopt unilateral measures of conserva- 

 tion appropriate to any stock of fish or other 

 marine resources in any area of the high 

 seas adjacent to its territorial sea, provided 

 that negotiations to that effect with the other 

 States concerned have not led to an agree- 

 ment within six months. 



2. The measures which the coastal State 

 adopts under the previous paragraph shall 

 be valid as to other States only if the follow- 

 ing requirements are fulfilled: 



(a) That there is a need for urgent 

 application of conservation measures in the 

 light of the existing knowledge of the 

 fishery; 



(b) That the measures adopted are 

 based on appropriate scientific findings; 



(c) That such measures do not dis- 

 criminate in form or in fact against foreign 

 fishermen. 



3. These measures shall remain in force 

 pending the settlement, in accordance with 

 the relevant provisions of this Convention, 

 of any disagreement as to their validity. 



4. If the measures are not accepted by the 

 other States concerned, any of the parties 

 may initiate the procedure contemplated by 

 article 9. Subject to paragraph 2 of article 

 10, the measures adopted shall remain oblig- 

 atory pending the decision of the special 

 commission. 



5. The principles of geographical demar- 

 cation as defined in article 12 of the Con- 

 vention on the Territorial Sea and the Con- 

 tiguous Zone shall be adopted when coasts 

 of different States are involved. 



■ \ Article 8 



li Any State which, even if its nationals 

 are not. engaged in fishing in an area of the 

 high ^eas not adjacent to its coast, has a 

 special interest in the conservation of the 

 living resources of the high seas in that area, 

 may request the State or States whose na- 

 tionals are engaged in fishing there to take 



the necessary measures of conservation under 

 articles 3 and 4 respectively, at the same 

 time mentioning the scientific reasons which 

 in its opinion make such measures neces- 

 sary, and indicating its special interest. 



2. If no agreement is reached within 

 twelve months, such State may initiate the 

 procedure contemplated by article 9. 



Article 9 



1. Any dispute which may arise between 

 States under articles 4, 5, 6, 7 and 8 shall, 

 at the request of any of the parties, be sub- 

 mitted for settlement to a special commis- 

 sion of five members, unless the parties 

 agree to seek a solution by another method 

 of peaceful setdement, as provided for in 

 Article 33 of the Charter of the United 

 Nations. 



2. The members of the commission, one 

 of whom shall be designated as chairman, 

 shall be named by agreement between the 

 States in dispute within three months of the 

 request for setdement in accordance with 

 the provisions of this article. Failing agree- 

 ment they shall, upon the request of any 

 State party, be named by the Secretary- 

 General of the United Nations, within a 

 further three-month period, in consultation 

 with the States in dispute and with the 

 President of the International Court of Jus- 

 tice and the Director-General of the Food 

 and Agriculture Organization of the United 

 Nations, from amongst well-qualified per- 

 sons being nationals of States not involved 

 in the dispute and specializing in legal, ad- 

 ministrative or scientific questions relating 

 to fisheries, depending upon the nature of 

 the dispute to be setded. Any vacancy aris- 

 ing after the original appointment shall be 

 filled in the same manner as provided for 

 the initial selection. 



3. Any State party to proceedings under 

 these articles shall have the right to name 

 one of its nationals to the special commis- 

 sion, with the right to participate fully in 



