260 



ARTICLE 9. OTHER TREATIES, CONVENTIONS AND AGREEMENTS " 



(1) Upon the entry into force of Annex I, the present Convention supersedes 

 the International Convention for the Prevention of Pollution of the Sea by Oil, 

 1954, as amended, as between Contracting States. 



(2) Nothing in the present Convention shall prejudice the codification and 

 development of tiie law of the sea by the United Nations Conference on the Law 

 of the Sea convened i>ursuant to Resolution 2750 C (XXV) of the General Assem- 

 bly of the United Nations nor the present or future claims and legal views of any 

 State concerning the law of the sea and the nature and extent of coastal and flag 

 State jurisdiction.^ 



[Suspension in Cases of War]" 



article 10. — settlement of disputes" 

 Alternative I 



Any dispute between two or more Contracting States concerning the interpreta- 

 tion or application of the present Convention shall, if settlement by negotiation 

 between tlie States involved has not been possible, be referred at the request of 

 either party to the International Court of Justice for decision unless the parties 

 in dispute agree to submti it to arbitration.^^ 



Alternative II 



Any dispute between two or more Contracting States concerning the inter- 

 pretation or application of the present Convention shall, if settlement by negotia- 

 tion between the States involved has not been possible, and if these States do not 

 otherwise agree, be submitted upon request of any of them to arbitration as set 

 out in the Annex to this Article. 



Alternative III 



If any dispute arises between tw^o or more of the Contracting States relating 

 to the interpretation or application of the present Convention those Contracting 

 States shall consult among themselves with a view to having the dispute resolved 

 by negotiation, inquiry, mediation, conciliation, arbitration judicial settlement or 

 other peaceful means of their own choice. 



*^ Some delegations suggested that consideration should be given to a possible Insertion 

 of the following additional paragraph : 



"Nothing in the present Convention shall be construed as derogating from the require- 

 ments of any international convention in force concerning the safety of ships and human 

 life at sea in respect of any matter to which the present Convention relates." 



*2 (1) Several delegations suggested that this paragraph should be deleted but presented 

 In the form of a Conference Resolution. 



(ii) Some delegations suggested that the words 'nor the present or future claims . . . 

 flag State jurisdiction" should be amended to read "nor the rights and legal views of any 

 State concerning matters related to the law of the sea." 



*! Some delegations suggested the insertion of the following new Article : 



"Suspension in Cases of War 



"(1) In case of war or other hostilities, a Contracting State which considers that it 

 is affected, whether as a belligerent or as a neutral may suspend the operation of the whole 

 or any part of the present Convention. The suspending State shall immediately give notice 

 of any suspension to the Organization. 



"(2) Such suspension shall not deprive another Contracting State of any right of 

 control under the present Convention over the ships of the suspending State when such 

 ships are in their ports or off-shore terminals. 



"(3) The suspending State may at any time terminate such suspension and shall in 

 any event terminate as soon as it ceases to be justified under paragraph (1) of this Article. 

 No'tice of such termination shall be given immediately to the Organization by the State 

 concernrd. 



"(4) The Organization shall notify all Contracting States of any suspension or termi- 

 nation of suspension under this Article." 



** One delegation suggested that the provisions of this Article should be presentd in 

 the form of an optional Protocol to the Convention. 



*^ Some delegations felt that even if the Diplomatic Conference decided to retain this 

 first alternative for Article 10, it would still l)e helpful for Parties in a dispute to have 

 available to them the rules on arbitration set out in the Annex to the second alternative. 

 In that case the last words of the Article itself (first alternative) could read ". . . to 

 arbitration as set out in the Annex to the present Article", and the Articles 2 and 4 of 

 the Annex would have to be adapted while Article 5 of the Annex would have to be left out. 



