125 



the proceedings on the same footing as a 

 member of the commission, but without the 

 right to vote or to take part in the writing 

 of the commission's decision. 



4. The commission shall determine its 

 own procedure, assuring each party to the 

 proceedings a full opportunity to be heard 

 and to present its case. It shall also deter- 

 mine how the costs and expenses shall be 

 divided between the parties to the dispute, 

 failing agreement by the parties on this 

 matter. 



5. The special commission shall render 

 its decision within a period of five months 

 from the time it is appointed unless it de- 

 cides, in case of necessity, to extend the time 

 limit for a period not exceeding three 

 months. 



6. The special commission shall, in reach- 

 ing its decisions, adhere to these articles and 

 to any special agreements between the dis- 

 puting parties regarding settlement of the 

 dispute. 



7. Decisions of the commission shall be 

 by majority vote. 



Article 10 



I. The special commission shall, in dis- 

 putes arising under article 7, apply the cri- 

 teria listed in paragraph 2 of that article. 

 In disputes under articles 4, 5, 6 and 8, the 

 commission shall apply the following cri- 

 teria, according to the issues involved in the 

 dispute: 



(a) Common to the determination of 

 disputes arising under articles 4, 5 and 6 

 arc the requirements: 



(/) That scientific findings demon- 

 strate the necessity of conservation measures; 



(/V) That the specific measures are 

 based on scientific findings and are practi- 

 cable; and 



(/;V) That the measures do not dis- 

 criminate, in form or in fact, against fisher- 

 men of other States. 



{b) Applicable to the determination 

 of disputes arising under article 8 is the 

 rec]uirement that scientific findings demon- 

 strate the necessity for conservation meas- 

 ures, or that the conservation programme 

 is adequate, as the case may be. 



2. The special commission may decide 

 that pending its award the measures in dis- 

 pute shall not be applied, provided that, in 

 the case of disputes under article 7, the 

 measures shall only be suspended when it is 

 apparent to the commissici on the basis of 

 prima facie evidence that the need for the 

 urgent application of such measures docs 

 not exist. 



Article 11 



The decisions of the special commission 

 shall be binding on the States concerned 

 and the provisions of paragraph 2 of Article 

 94 of the Charter of the United Nations 

 shall be applicable to those decisions. If the 

 decisions are accompanied by any recom- 

 mendations, they shall receive the greatest 

 possible consideration. 



Article 12 



1. If the factual basis of the award of the 

 special commission is altered by substantial 

 changes in the conditions of the stock or 

 stocks of fish or other living marine re- 

 sources or in methods of fishing, any of the 

 States concerned may request the other 

 States to enter into negotiations with a view 

 to prescribing by agreement the necessary 

 modifications in the measures of conserva- 

 tion. 



2. If no agreement is reached within a 

 reasonable period of time, any of the States 

 concerned may again resort to the procedure 

 contemplated by article 9 provided that at 

 least two years have elapsed from the orig- 

 inal award. 



Article 13 



I. The regulation of fisheries conducted 

 by means of equipment embedded in the 



