Declarations made by States Parties under article 298

Angola

“The Government of Angola further declares, under paragraph 1(a) of article 298 of the United Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two, that it does not accept the procedure provided for in article 287, paragraph 1(c) with respect of disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles.”

Argentina

Declaration made upon ratification

[Original: Spanish]

The Argentine Government also declares that it does not accept the procedures provided for in Part XV, section 2, with respect to the disputes specified in article 298, paragraph 1 (a), (b) and (c).

Partial withdrawal of declaration of 26 October 2012

[Original: Spanish]

[…] in accordance with article 298 of [the] Convention, the Argentine Republic withdraws with immediate effect the optional exceptions to the applicability of section 2 of part XV of the Convention provided for in that article and set forth in its declaration dated 18 October 1995 (deposited on 1 December 1995) to "military activities by government vessels and aircraft engaged in non-commercial service".

Australia

"The Government of Australia further declares, under paragraph 1 (a) of article 298 of the United Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two, that it does not accept any of the procedures provided for in section 2 of Part XV (including the procedures referred to in paragraphs (a) and (b) of this declaration) with respect to disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles."

Belarus

Declaration made upon signature

[Original: Russian]

The Byelorussian Soviet Socialist Republic declares that, in accordance with article 298 of the Convention, it does not accept compulsory procedures entailing binding decisions in the consideration of disputes concerned with the delimitation of marine limits, disputes relating to military activity and disputes in relation to which the United Nations Security Council performs functions entrusted to it under the United Nations Charter.

Declaration made upon ratification

[Original: Russian]

In accordance with article 298 of the Convention, the Republic of Belarus does not accept compulsory procedures entailing binding decisions for the consideration of disputes concerning military activities, including by government vessels and aircraft engaged in non-commercial service, or disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction, or disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.

Canada

[Original: English and French]

"With regard to Article 298, paragraph 1 of the Convention on the Law of the Sea, Canada does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes: 

- Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles; 

- Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3; 

- Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in the Convention."

Cabo Verde

"The Republic of Cape Verde, in accordance with article 298 of the United Nations Convention on the Law of the Sea, declares that it does not accept the procedures provided for in Part XV, Section 2, of the said Convention for the settlement of disputes concerning military activities, including military activities by government operated vessels and aircraft engaged in non-commercial service, as well as disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraphs 2 and 3 of the aforementioned Convention."

Chile

[Original: Spanish]

In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2 with respect to the disputes referred to in article 298, paragraphs 1 (a), (b) and (c) of the Convention.

China

[Original: Chinese]

The Government of the People’s Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention.

Cuba 

[Original: Spanish]

With regard to article 287 on the choice of procedure for the settlement of disputes concerning the interpretation or application of the Convention, the Government of the Republic of Cuba declares that it does not accept the jurisdiction of the International Court of Justice and, consequently, will not accept either the jurisdiction of the Court with respect to the provisions of either article 297 or 298.

Democratic Republic of the Congo

[Original: French]

The Government of the Democratic Republic of the Congo further declares, under paragraph 1(a) of article 298 of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, that it does not accept any of the procedures provided for in article 287, paragraph 1(c), with respect to disputes concerning the interpretation of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles.

Denmark

“The Government of the Kingdom of Denmark declares pursuant to article 298 of the Convention that it does not accept an arbitral tribunal constituted in accordance with Annex VII for any of the categories of disputes mentioned in article 298.”

Ecuador 

[Original: Spanish]

In accordance with article 298 of the Convention, Ecuador declares that it does not accept any of the procedures provided for in Part XV, section 2, with respect to the categories of disputes described in paragraph 1, subparagraphs (a), (b) and (c), of the said article 298.

Egypt

[Original: Arabic]

The Government of the Arab Republic of Egypt declares that, pursuant to article 298 paragraph 1 of the United Nations Convention on the Law of the Sea signed on 10 December 1982, it does not accept any of the procedures provided for in section 2 of part XV of the Convention with respect to all the categories of disputes specified in article 298, paragraph 1 (a), (b) and (c) of the Convention.

Equatorial Guinea

[Original: Spanish]

The Government of the Republic of Equatorial Guinea hereby enters a reservation and declares that, under article 298, paragraph 1, of the United Nations Convention of 1982 on the Law of the Sea, it does not recognize as mandatory ipso facto with respect to any other State any of the procedures provided for in part XV, section 2, of the Convention as regards the categories of disputes set forth in article 298, paragraph 1 (a).

France 

[Original: French]

With reference to the provisions of article 298, paragraph 1, France does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:

- Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles; 

- Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;

- Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in the Convention.

Gabon 

[Original: French] 

… the Government of the Republic of Gabon pursuant to article 298, paragraph 1 of the Convention, does not accept any of the procedures provided for in section 2 of Part XV of the said Convention with respect to the categories of disputes referred to in paragraph 1(a) of article 298.

Greece

“Pursuant to article 298, paragraph 1, of the United Nations Convention on the Law of the Sea, the Hellenic Republic declares that it does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:

a) Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;

b) Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;

c) Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.”

Guinea-Bissau 

[Original: Portuguese] 

As regards article 287 on the choice of a procedure for the settlement of disputes concerning the interpretation or application of the United Nations Convention on the Law of the Sea, [the Government of Guinea-Bissau] does not accept the jurisdiction of the International Court of Justice and consequently will not accept that jurisdiction with respect to articles 297 and 298.

Iceland

"Under article 298 of the Convention the right is reserved [by the Government of Iceland] that any interpretation of article 83 shall be submitted to conciliation under Annex V, Section 2 of the Convention."

Italy

"Italy has the honour to declare, under paragraph 1 (a) of article 298 of the Convention, that it does not accept any of the procedures provided for in section 2 of Part XV with respect to disputes concerning the interpretation of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles."

Kenya

“The Government of the Republic of Kenya pursuant to Article 298 (1)(a)(i) of the United Nations Convention on the Law of the Sea, 1982, declares that it does not accept any of the procedures provided for in Part XV Section 2 of the Convention with respect to disputes concerning the interpretation or application of Articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles.

The Republic of Kenya reserves the right at any time by means of a notification addressed to the Secretary General of the United Nations to add to, amend, or withdraw any of the foregoing reservations. Such notification shall be effective on the date of their receipt by the Secretary General.”

Mexico

[Original: Spanish]

The Government of Mexico declares that, pursuant to article 298 of the Convention, it does not accept the procedures provided for in part XV, section 2, with respect to the following categories of disputes:

1. Disputes relating to sea boundary delimitations, or those involving historic bays or titles, pursuant to paragraph 1 (a) of article 298;

2. Disputes concerning military activities and the other activities referred to in paragraph 1 (b) of article 298.

Montenegro

“Pursuant to paragraph 1 (a) of Article 298 of the aforementioned Convention, Montenegro does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to disputes concerning the interpretation or application of Articles 15, 74 and 83 relating to sea boundary delimitations or disputes involving historic bays or titles.”

Nicaragua

[Original: Spanish]

Nicaragua hereby declares that it accepts only recourse to the International Court of Justice as a means for the settlement of the categories of disputes set forth in subparagraphs (a), (b) and (c) of paragraph 1 of article 298 of the Convention.

Norway

"The Government of the Kingdom of Norway declares pursuant to article 298 of the Convention that it does not accept an arbitral tribunal constituted in accordance with Annex VII of any of the categories of disputes mentioned in article 298."

Palau

“The Government of the Republic of Palau declares under paragraph 1 (a) of Article 298 of the 1982 United Nations Convention on the Law of the Sea that it does not accept compulsory procedures entailing binding decisions relating to the delimitation and/or interpretation of maritime boundaries.”

Portugal 

[Original: Portuguese]

Portugal declares that, without prejudice to the provisions contained in Section 1, Part XV of this Convention, it does not accept the compulsory procedures referred to in Section 2 of the said Part, with respect to one or more of the categories specified in article 298 (a) (b) (c) of this Convention.

Republic of Korea

“1. In accordance with paragraph 1 of Article 298 of the Convention, the Republic of Korea does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a), (b) and (c) of Article 298 of the Convention.

2. The present declaration shall be effective immediately.

3. Nothing in the present declaration shall affect the right of the Republic of Korea to submit a request to a court or tribunal referred to in Article 287 of the Convention to be permitted to intervene in the proceedings of any dispute between other States Parties, should it consider that it has an interest of a legal nature which may be affected by the decision in that dispute.”

Russian Federation

Declaration made upon signature by the Union of Soviet Socialist Republics

[Original: Russian]

The Union of Soviet Socialist Republics declares that, in accordance with article 298 of the Convention, it does not accept the compulsory procedures entailing binding decisions for the consideration of disputes relating to sea boundary delimitations, disputes concerning military activities, or disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.

Declaration made upon ratification

[Original: Russian]

The Russian Federation declares that, in accordance with article 298 of the United Nations Convention on the Law of the Sea, it does not accept the procedures, provided for in section 2 of Part XV of the Convention, entailing binding decisions with respect to disputes concerning the interpretation or application of articles 15, 74 and 83 of the Convention, relating to sea boundary delimitations, or those involving historic bays or titles; disputes concerning military activities, including military activities by government vessels and aircraft, and disputes concerning law-enforcement activities in regard to the exercise of sovereign rights or jurisdiction; and disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.

Saudi Arabia

[Original: Arabic]

The Government of the Kingdom of Saudi Arabia wishes to declare its non-acceptance of any of the procedures set forth in section (2) of Part XV of the United Nations Convention on the Law of the Sea, in relation to paragraph 1 (a) of Article 298 of the Convention.

Slovenia

"The Government of the Republic of Slovenia declares pursuant to article 298 of the Convention that it does not accept an arbitral tribunal constituted in accordance with Annex VII of any of the categories disputes mentioned in article 298."

Spain

[Original: Spanish]

The Government of Spain declares, pursuant to the provisions of article 298, para. 1(a) of the Convention, that it does not accept the procedures provided for in part XV, section 2, with respect to the settlement of disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles.

Thailand

“The Government of the Kingdom of Thailand declares, in relation to Article 298 of the United Nations Convention on the Law of the Sea, as follows:

With reference to Article 298, paragraph 1, the Government of the Kingdom of Thailand does not accept any of the procedures provided for in Part XV, Section 2, with respect to the following disputes:

- disputes concerning the interpretation or application of Articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;

- disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under Article 297, paragraph 2 or 3;

- disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in the Convention.”

Trinidad and Tobago

“... [The] Minister of Foreign Affairs of the Republic of Trinidad and Tobago, do hereby declare under paragraph 1 (a) of article 298 of the Untied Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two, that the Republic of Trinidad and Tobago does not accept any of the procedures provided for in Part XV, section 2 of the Convention with respect to the categories of disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays of titles.”

Tunisia 

[Original: Arabic]

The Republic of Tunisia, in accordance with the provisions of article 298 of the United Nations Convention on the Law of the Sea, declares that it does not accept the procedures provided for in Part XV, section 2, of the said Convention with respect to the following categories of disputes:

(a) (i) disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises subsequent to the entry into force of this Convention and where no agreement within a reasonable period of time is reached in negotiations between the parties, at the request of any party to the dispute, accept submission of the matter to conciliation under Annex V, section 2; and provided further that any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission;

(ii) after the conciliation commission has presented its report, which shall state the reasons on which it is based, the parties shall negotiate an agreement on the basis of that report; if these negotiations do not result in an agreement, the parties shall, by mutual consent, submit the question to one of the procedures provided for in section 2, unless the parties otherwise agree; 

(iii) this subparagraph does not apply to any sea boundary dispute finally settled by an agreement between the parties, or to any such dispute which is to be settled in accordance with a bilateral or multilateral agreement binding upon those parties;

(b) disputes concerning military activities, including military activities by governmental vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;

(c) disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.

Ukraine

Declaration made upon signature by the Ukrainian Soviet Socialist Republic

[Original: Russian]

The Ukrainian Soviet Socialist Republic declares, in accordance with article 298 of the Convention, that it does not accept compulsory procedures, involving binding decisions, for the consideration of disputes relating to sea boundary delimitations, disputes concerning military activities and disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations.

Declaration made upon ratification

[Original: Ukrainian]

Ukraine declares, in accordance with article 298 of the Convention, that it does not accept, unless otherwise provided by specific international treaties of Ukraine with relevant States, the compulsory procedures entailing binding decisions for the consideration of disputes relating to sea boundary delimitations, disputes involving historic bays or titles, and disputes concerning military activities.

United Kingdom of Great Britain and Northern Ireland

"… the United Kingdom of Great Britain and Northern Ireland does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to the categories of disputes referred to in paragraph 1(b) and (c) of article 298."

Uruguay 

[Original: Spanish]

Pursuant to the provisions of article 298, Uruguay declares that it will not accept the procedures provided for in Part XV, section 2 of the Convention, in respect of disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraphs 2 and 3.