316 



(c) That such measures do not discriminate 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 obligatory pending the decision of the special commission. 



5. The prmciples of geographical demarcation as defined in Article 

 12 of the Convention on the Territorial Sea and the Contiguous 

 Zone [2] shall be adopted when coasts of different States are involved. 



Artici£ 8 



1. Any State which, even if its nationals are not engaged in fishing 

 in an area of the high seas not adjacent to its coast, has a special in- 

 terest in the conservation of the living resources of the high seas in 

 that area, may request the State or States whose nationals are engaged 

 in fishing there to take the necessary measures of conservation under 

 Articles '6 and 4 respectively, at the same time mentioning the scien- 

 tific reasons which in its opinion make such measures necessary, and 

 indicating its special interest. 



2. If no agreement is reached within twelve months, such State may 

 initiate the procedure contemplated by Article 9. 



Akticlb 9 



1. Any dispute which may arise between States under Articles 4, 

 5, 6, 7 and 8 shall, at the request of the parties, be submitted for set- 

 tlement to a special commission of five members, unless the parties 

 agree to seek a solution by another method of peaceful settlement, as 

 provided 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 dis- 

 pute within tliree months of the request for settlement in accordance 

 with the provisions of this article. Failing agreement 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 consulta- 

 tion with the States in dispute and with the President of the Interna- 

 tional Court of Justice and the Director-General of the Food and 

 Agriculture Organization of the United Nations, from amongst well- 

 qualified persons being nationals of States not involved in the dispute 

 and specializing in legal, administrative or scientific questions relating 

 to fisheries, depending upon the nature of the dispute to be settled. 

 Any vacancy arising 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 commission, with 

 the right to participate fully in 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. 



2 TIAS 5639 ; 15 UST 1610. 



3 TS 993 ; 59 Stat. 1042. 



