Finally, resources may be "wasted" in support of profligate life styles for some while others lack the resources for even basic subsistence. While all forms of irrationality waste resources, this last also wastes opportunities for human satisfaction.

B. Management of resource use

The question of control over resource use, which over the years has led to in- numerable controversies and a number of wars, has now emerged as a major internatio aal issue whose many dimen- sions and full magnitude may not yet be fully appreciated. It reflects today a growing awareness of the nature and pervasiveness of global interdependence and the exhaustibility of global resources which has sharpened the competition for resource control.

The present pattern of control over resource use derives in large part from the structure of demand. Those with purchasing power have determined the composition of output, and those who have produced for that market have naturally attached a high value to the re- sources required for it. Thus resource control has followed in the path of final demand, reinforcing the existing patterns of income distribution and threatening through preemptive use the development options of others.

The geographical distribution of the world's natural resources is uneven. Human needs and known resources do not correspond one to one in any part of the world. Although the heavy con- centration of oil resources in the Middle

East has received a great deal of atten- tion recently, such concentration of production in a few countries is typical of many other natural resources as well, such as bauxite, tin, copper, iron ore, manganese, coal, shale rock and tar-sand Trade is therefore necessary if human needs are to be met throughout the world.

The distribution of known resources also does not accord with the global dis- tribution of final output. Resources throughout the world have been drawn into production in order to satisfy the large final demand in the developed nations. The nature of the present con- trol over resource use, crossing national boundaries as it must, is much less ra- tional than it would be in an internally self-sufficient economic system.

The unequal distribution of resource location and production gives rise to various types of conflict of interest bet- ween countries, for example, over the right to use particular resources. Con- flict over the use of rivers which pass through or between several countries, or over the territorial limits of a country for the purpose of defining the fishing rights in the sea or exploring the sea-bed, are quite common, and often lead to excessive utilization of resources to fore- stall competition. International agencies can and must play a vital role in resolv- ing such conflicts, and in providing ma- chineries for adjudication in,cases of dis- pute regarding the interpretation and implementation of agreements.

A second type of conflict arises bet- ween the producers and the consumers

of a particular resource. For example, whereas the rich industrialized nations with a high propensity to consume would prefer an unrestricted flow of oil to the world market, the interests of many of leading oil-producing countries may demand a conservationist approach in order both to maintain its prices and to limit the rate of depletion. Such con- flicts of interest are not easy to resolve internationally through formal rules and procedures, given the sovereign right of Governments over the resources con- tained within their national boundaries. However, in the negotiations necessary to resolve such conflicts, the Importance of global ecological considerations must be taken into account.

A third type of conflict arises over the prices at which resources are bought and sold. Whereas a large proportion of the world's natural resources are located in the developing countries, their pro- duction and use are controlled by de- mand in developed countries, and by the institutions through which world trade in most goods and services takes place. The existing structure of world trade leads to unequal exchange; on the whole the prices of resources sold by poor countries are tow and declining compared with the prices encourage excessive use in rich countries, the coun- tries of origin benefit little from the possession of resources, in terms either of revenues or of their use in the domes- tic economy.

[Continued in the next issue of Environ- mental Policy and Law]

SELECTED DOCUMENTS

REVISED DRAFT CONVENTION ON THE CONSERVATION OF MIGRA- TORY SPECIES OF WILD ANIMALS

Draft of: 5 August 1977

THE CONTRACTING STATES 1,

RECOGNIZING that wild animals in their innumerable, beautiful and varied forms are an irreplaceable part o f the natural systems o f the earth which are entitled to exist in their own right and must be con- served for the benefit o f mankind; CONSCIOUS of the ever-growing value o f wild animals from environmental, social, economic, cultural, scientific, educational, recreational and aesthetic points of view; CONCERNED particularly with those species of wild animals that migrate

Environmental Policy and Law, 3 (1977)

across international boundaries, these beging common resources forming part o f the common heritage o f mankind;

RECOGNIZING that the peoples and States are and should be the protectors o f the migratory species of wild animals that inhabit or pass through their national jurisdictional boundaries; CONVINCED that conservation and effec- tive management o f migratory species of wild animals require the concerted action o f all States within the national juris- dictional boundaries where such species spend any part o f their migration cycle; RECALLING Recommendation 32z o f the Action Plan adopted by the United Nations Conference on the Human En- vironment (Stockholm, 1972) and en- dorsed by the General Assembly of the

United Nations which calls for interna- t ional treaties to protect species inhabiting international waters or those which migrate from one country to another; HAVE AGREED as fol lows:

ARTICLE I

Interpretation 1. For the purpose of this Convention, unless the context otherwise requires: a) "Migratory species" means any species,

higher or lower systematic unit, or part of a population of wild animals the members o f which periodically cross national jurisdictional boundaries; 3

b) "Conservation status of a migratory species" means the degree to which its populations are, in the long term, stable, increasing or decreasing; 4

185

c) "Habi ta t " means an area in the range of a migratory species which contains the necessary living conditions for that species;

d) "Range" means all the area of land, fresh water and sea that a migratory species inhabits, stays in temporari ly, crosses or overflies at any time during its normal migration cycle;

e) "Range State" means a State that exer- exercises jurisdiction over any part o f the range of the migratory species concerned, or a State the nationals of which, or ships flying the flag of which, take, hunt, fish, kil l, or capture the migratory species concerned outside such jurisdictional timits; 5

f) "Agreement" means an international agreement relating to the conservation of one or more migratory species as provided for in Article IV; and

g) "Party" means a State for which this Convention is in force.

2. Where this Convention provides for a deci- sion to be taken by either a simple or two- thirds majority of "those present and vot ing" this small mean "those present and casting an affirmative or a negative vote". Those abstain- ing from voting shall not be counted amongst those "present and vot ing" in determining the majority.

ARTICLE II

Fundamental Principles

1. Migratory species are a common resource shared by all their Range States and shall be conserved and managed through the con- certed action of all such States for their mutual benefit and the benefit o f mankind as a whole. 6 2. The Parties shall pay special attention to migratory species that are endangered and shall take all steps in their power to conserve these species, recognizing in so doing the right of all species to exist, such right being inde- pendent of human valuation o f them. "7 3. To these ends, Parties shall promote research, provide immediate protection for migratory species included in Appendix I to this Convention and conclude Agreements covering the conservation and management of migratory species included in Appendix II to this Convention. 8

ARTICLE Il l

Migratory Species in Need of Immediate and Stringent Protection: Appendix 19

1. Appendix I shall list migratory species that in consequence o f their conservation status require immediate stringent protection, and shall also list their Range States. 2. Parties that are listed as Range States in Appendix I shall: a) conserve, and where required manage, the

habitat o f the migratory species concerned and, wherever appropriate, establish or maintain protected areas for these species;

b) remove or compensate for the adverse effects of obstacles and disturbances that impede or prevent the migration of the m igratory species concerned ;

c) eliminate factors that have an adverse ef fect on the conservation status of the migratory species concerned; and

d) prohibit any kil l ing or capturing of animals belonging to the migratory species concerned.

186

3. Parties shall not i fy the Executive Commit- tee of the measures taken to implement the provisions of the preceding paragraph. 4. Exemptions may be made to the provi- sions of paragraph 2 of this Article only if exceptional circumstances so require and pro- vided that such exemptions are precise as to content and magnitude, limited in time, and biologically acceptable. Such exemptions shall be immediately communicated to the Execu- tive Committee. 5. Upon advice from the Scientific Council, the Executive Committee may recommend that Parties listed as Range States o f migra- tory species listed in Appendix I take any measures considered appropriate to improve the conservation status of the species con- cerned. 6. The Executive Committee may convene meetings of the Parties that are listed as Range States of migratory species listed in Appendix I, and may invite Range States of such species not party to this Convention to participate in such meetings. 7. Upon advice from the Scientific Council, the Executive Committee shall recommend that the Conference of the Parties consider whether, in addition to the measures provided for in paragraph 2 of this Article, concerted measures should be undertaken with regard to a migratory species listed in Appendix I, and accordingly whether such species should be included in Appendix II with a view to con- cluding an Agreement between the Range States concerned. 8. The Conference of the Parties may amend Appendix I in regard to migratory species in- cluded and Range States listed in accordance with the procedure specified in Article X.

ARTICLE IV

Migratory Species to be the Subject o f Agree- ments: Appendix I I 10

1. Appendix II shall list migratory species that shall be the subject o f Agreements to be concluded between the Range States listed for each species in that Appendix in accor- dance with the provisions of the fol lowing paragraphs. 2. A list o f Range States shall be established by the Scientific Council for each migratory species included in Appendix II and sub- mitred for consideration and adoption by the Executive Committee, Deletion of a Range State from the list established by the Scienti- f ic Council shall be made only when the con- sequences of such deletions will not seriously hamper the development and implementation of a sound management plan for the migra- tory species in question. 3. The Executive Committee shall, upon adoption of the list o f Range States of a migratory species or group of migratory species under the provision of the preceding paragraph, convene a meeting of all Parties to this Convention that appear on that list for the purpose of negotiating an Agreement, and shall invite all Range States not party to this Convention that appear on that list to partici- pate in the meeting. 4. The Executive Committee may also, upon the recommendation of the Scientific Council, add new Range States to the list o f Range States for any species included in Appendix II. 5. Parties that have been added to the list o f Range States o f a migratory species under the provisions of the preceding paragraph shall

either accede to the Agreement in question or negotiate an amended Agreement with the parties to that Agreement. States not party to this Convention that have been added to that list shall be invited by the Conference of the Parties to accede to such agreement or to negotiate an amended Agreement with the parties to that Agreement. 6. When changed circumstances in the range of a migratory species so require, the Con- ference of the Parties may at the request of the Range State concerned, and upon the recommendation of the Scientific Council, delete a Range State from the list o f Range States o f that species included in Appendix II. Such a deletion shall be subject to the proce- dure specified in Article X. 7. The Conference of the Parties may amend Appendix II in regard to migratory species included, in accordance with the procedure specified in Article X.

ARTICLE V

Agreements ]1 1. Each Agreement shall: a) name the migratory species covered; b) name the Range States listed in Appendix

II for the migratory species involved; c) describe the range and migration route(s)

concerned ; d) provide for periodic review of the conser-

vation status of the migratory species; e) provide for a common management plan

for the migratory species; f) establish appropriate machinery to carry

out the aims of the Agreement and to monitor its effectiveness; and

g) provide for procedures for the resolution of disputes between parties to the Agree- ~e~t

An Agreement may deal with more than one migratory species. 2. Each Agreement shall deal with all aspects of conservation and management of the migratory species covered by that Agreement and shall, except to the extent that any of the fol lowing provisions clearly do not apply to the migratory species concerned, provide for: a) research into ecology and population dy-

namics of the migratory species covered, with special regard to migration;

b) the exchange of information, special regard being paid to the exchange of the results of research and of hunting and trade statistics of the migratory species concerned ;

c) monitoring of the conservation status of the migratory species and determination of all factors which, on the basis of the best scientific evidence available, may be harmful to the migratory species;

d) on the basis of the information obtained pursuant to sub-paragraphs (a), (b) and (c) of this paragraph: (i) conservation of habitat o f the migra-

tory species and protection of such habitat from disturbance;

(ii) maintainance of a network of areas suitable to the migratory species con- cerned appropriately disposed in rela- t ion to the migration routes of that species so that migration may always take place wi thout di f f icul ty;

(iii) elimination of or compensatory measures for the consequences of obstacles and disturbances which hinder or obstruct migration of the miqratory species;

Environmental Policy and Law, 3 (1977)

(iv) elimination, or substantial curtail- ment, o f the release of substances harmful to the migratory species;

(v) establishment o f measures to control the uti l ization of the migratory species; and

e) emergency procedures whereby conserva- t ion action would be considerably and rapidly strengthened when scientific data indicate a situation that seriously affects the conservation status o f the migratory species.

3. Each Agreement may also provide for: a) the establishment of reserves on the basis

of criteria established by the parties to the Agreement;

b) the provision o f new habitats favorable to the migratory species or the rehabilitation of habitats;

c) the reintroduction o f the migratory species into favorable habitats; and

d) any other measures that the parties to the Agreement may deem to be appropriate.

4. The appropriate machinery referred to in paragraph 1 o f this Article shall consist o f a Commission entrusted with the implementa- t ion of the Agreement composed o f represen- tatives of all States party to the Agreement and an advisory scientific committee or equi- valent means of discharging the functions of implementation and giving scientific advice, such as the use o f existing institutions or the setting up of new institutions to provide ser- vices under more than one Agreement.

ARTICLE Vl

Conference o f the Parties 12

1. The Conference o f the Parties shall be the supreme decision-making organ of this Convention. 2. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of this Con- vention. 3. Thereafter the Secretariat shall convene regular meetings o f the Conference o f the Parties once every three years unless the Conference decides otherwise and extraor- dinary meetings at any time on the writ ten request of at least one-third of the Parties. In the event that the Secretariat is unable to convene meetings of the Conference of the Parties, the Executive Committee shall do so. 4. At each o f its meetings the Conference of the Parties shall review the implementation of this Convention and may: a) review and assess the conservation status

of migratory species; b) review the progress made toward the con-

servation of the m igrator~" species included in Appendices I and II;

c) consider and adopt amendments to Appendices I and II in accordance with Article X;

d) make such provision as may be necessary to enable the Scientific Council, the Executive Committee and the Secretariat to carry out their duties;

e) receive and consider any reports presented by the Scientific Council, the Executive Committee and the Secretariat or by any Party;

f) receive and consider any reports presented by any standing body established pursuant to an Agreement;

Environmental Policy and Law, 3 (1977)

g) Make recommendations to the Parties for improving the effectiveness of this Con- vention;

h) make recommendations to the parties to any Agreement for improving the effec- tiveness of that Agreement; and

i) decide on any additional measure that should be taken to implement the objec- tives of this Convention.

5. Each regular meeting of the Conference of the Parties shall determine the time and venue of the next regular meeting. If the Conference

• of the Parties does not establish the time and venue of the next regular meeting, the Execu- tive Committee may act to do so. 6. Any meeting o f the Conference of the Parties shall determine and adopt rules of pro- cedure for that meeting. Decisions at a meeting of the Conference of the Parties shall require a simple majority o f the Parties present and voting, except where otherwise provided for by this Convention. 7. Representatives of any standing bodies set up under Agreements, the United Nations, its Specialized Agencies and the International Atomic Energy Agency, and any State not a party to this Convention, may be represented at meetings o f the Conference o f the Parties by observers, who shall have the right to par- ticipate but not to vote. 8. Any body or agency technically qualified in protection, conservation and management of migratory species, in the fol lowing categories, which has informed the Secretariat o f its desire to be represented at meeings of the Conference of the Parties by observers, shall be admitted unless at least one-third of the Parties present object: a) international agencies or bodies, either

governmental or nongovernmental, and national governmental agencies and bodies; and

b) national nongovernmental agencies or bodies which have been approved for this purpose by the State in which they are located.

Once admitted, there observers shall have the right to participate but not to vote.

ARTICLE VII

Executive Committee 13

1. The first meeting of the Conference o f the Parties shall establish an Executive Committee consisting of representatives of the Parties. No Party shall be represented in the Executive Committee by more than one member. 2. Until the number of Parties exceeds twenty, the number of members to be elected shall be ten and thereafter for each additional three Parties the number of members to be elected shall be increased by one. However, the number of members shall not exceed thir ty. 3. Jn electing members to the Executive Committee, the Conference of the Parties shall endeavour to ensure that all geographic areas are equitably represented. A two-thirds majori ty vote o f Parties present and voting is required for electing members to the Execu- tive Committee. 4. Members of the Executive Committee shall continue in off ice until the next ordi- nary meeting of the Conference of the Parties fol lowing that at which they are elected. Outgoing members shall be eligible for re- election. 6. The Executive Committee shall meet at least once a year. It shall establish its own

rules of procedure and may form subordinate bodies. Decisions of the Executive Committee shall require a simple majority of those present and voting. 7. The functions of the Executive Committee shall be: a) to report to the Conference o f the Parties

on the conservation status of migratory species as well as on the measures taken to implement this, Convention;

b) to make recommendations to the Con- ference of the Parties on amendments to Appendices I and II;

c) to convene meetings of Range States of migratory species included in Appendix II fo r the purpose o f concluding an Agree- ment, as provided in Article IV, paragraph 3, and to undertake the necessary prepara- tions for such meetings;

d) to make recommendations on specific provisions for inclusion in Agreements;

e) to make recommendations to the Con- ference of the Parties on any matter relating to the objectives and operation of this Convention;

f) to fo l low up the recommendations or deci- sions made by the Conference of the Parties by monitoring their implementa- t ion and, whenever necessary, recommen- ding additional action;

g} to give guidance to the Secretariat for the performance o f its tasks;

h) to prepare the work o f the Conference of the Parties;

i) to instruct the Secretariat, upon the advice of the Scientific Council, for the arrange- ment and carrying out o f scientific and technical studies; and

j) to perform any other funct ion as may be entrusted to it under this Convention.

ARTICLE VIII

Scientific Council 14

1. The first meeting o f the Conference of the Parties shall establish a Scientific Council composed o f not less than ten members who are specialists in the biology and ecology of migratory species. 2. The members o f the Scientific Counci! shall be nominated by the Parties, the Execu- tive Committee, or international bodies tech- nically qualif ied in protection, conservation and management of wild animals. 3. Members of the Scientific Council shall be elected by secret ballot, due regard being paid to geographic and scientific factors. Election of members to the Scientific Council shall require a simple majority of the Parties present and voting. 4. Members of the Scientific Council shall serve in their personal capacities for a term o f six years. Outgoing members shall be eligible for reelection. 5. Subsequent elections o f members o f the Scientific Council shall take place at ordinary meetings of the Conference of the Parties. 6. The Scientific Council shall meet at least once a year. It shall establish its own rules

o f procedure. The Scientific Council may form advisory bodies and may invite special- ists to participate in its work in an advisory capacity. 7. The functions of the Scientific Council shall be: a) to provide scientific advice upon request

or upon its own initiative to the Confer- ence o f the Parties, the Executive Com-

187

mit tee, the Secretariat, and to any body set up under an Agreement;

b) to promote and coordinate research on mi- gratory species, and to evaluate the results of such research in order to ascertain the conservation status of migratory species, and to report accordingly on recommen- ded measures to the Executive Committee and the Conference of the Parties;

c) to make recommendations to the Con- ference of the Parties and the Executive Committee as to the migratory species to be included in Appendices I or II together with a list of all Range States of such migratory species;

d) to make recommendations to the Con- ference of the Parties and the Executive Committee as to specific conservation and management measures to be included in Agreements.

ARTICLE IX

The Secretariat 12

1. Upon entry into force of the present Con- vention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmen- tal or nongovernmental, international or national agencies and bodies technically qualified in protection, conservation, and management of wild animals. 2. The functions of the Secretariat shall be: a) to arrange for and service meetings of the

Conference of the Parties, the Executive Committee and the Scientific Council;

b) to maintain liaison with the Parties, the standing bodies set up under Agreements and other international organizations con- cerned with migratory species;

c) to arrange for the carrying out of scientific and technical studies in accordance with programmes authorized by the Conference of the Parties or the Executive Committee (acting on the advice of the Scientific Council) as will contribute to the imple- mentation of this Convention;

d) to invite the attention of the Conference of the Parties or the Executive Committee to any matter pertaining to the aims of this Convention;

e} To prepare reports for the Conference of the Parties or the Executive Committee on itswork and on the implementation of this Convention;

f) to maintain lists of Range States approved by the Executive Committee in respect of all migratory species included in Appen- dices I and II; and

g) to perform any other functions entrusted to it under this Convention or by the Conference of the Parties or the Executive Committee.

ARTICLE X

Amendments to the Appendices 15

1. Appendices I and II may be amended at meetings of the Conference of the Parties in accordance with the following provisions: a) Any Party, the Scientific Council, and the

Executive Committee may propose an amendment to Appendix I or II for con- sideration at the next meeting of the Con- ference of the Parties. The text of the proposed amendment shall be commu-

188

nicated to the Secretariat at least one hundred and f i f ty days before the meeting. The Secretariat shall consult the other Parties, and, when appropriate, the Scien- tif ic Council and the Executive Committee. It shall communicate the proposed amend- ment and the results of such consultation to all Parties and to participants in the meeting not later than thirty days before the meeting begins;

b) Amendments shall be adopted by a two- thirds majority vote of Parties present and voting;

c) The Secretariat shall notify all Parties of amendments adopted. Amendments shall enter into force for all Parties ninety days after the data of transmission of such noti- fication to the Parties by the Secretariat, except for those Parties which make a reservation in accordance with the next succeeding paragraph.

2. During the period of ninety days provided for in sub-paragraph (c) of the preceding paragraph, any Party may by notification in writing to the Depositary make a reservation with respect to the migratory species affected by the amendment. Until such reservation is withdrawn, the Party shall be treated as a State not a party to this Convention with respect to the species concerned.

ARTICLE Xl

A m e n d m e n t o f the Convent ion 15

1. This Convention may be amended at either an ordinary or extraordinary meeting of the Conference of the Parties. 2. Amendments to the Convention shall be adopted by a two-thirds majo.rity of Parties present and voting. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least ninety days before a meeting of the Conference of the Parties. 3. An amendment shall enter into force for the Parties which have accepted it sixty days after two4hirds of the Parties have deposited an instrument of acceptance of the amend- ment with the Depositary. Thereafter, the amendment shall enter into force for any other Party sixty days after that Party deposits its instrument of acceptance of the amendment.

ARTICLE XII

Relations to Other In ternat ional Conven- t ions TM

1. Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly 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. 2. The Scientific Council may review any treaty, international agreement or convention concerned with the conservation or manage- ment of migratory species to which any Party to this Convention is a party and shall report to the Conference of the Parties and to the Executive Committee whether in its opinion such treaty, agreement or convention ade- quately provides for the conservation or management of the migratory species con- cerned.

Do y o u r e m e m b e r if he bad a gas m a s k b e f o r e we started spraying?

3. Jf the Conference of the Parties, on the basis of a report made by the Scientific Council pursuant to the preceding paragraph, finds that such treaty, agreement or conven- tion adequately provides for the conserva- tion or management of the migratory species concerned, it may, subject to the prior appro- val of the States party to that treaty, agree- ment or convention decide to include the migratory species in question in Appendix I1. The treaty, agreement or convention shall then be considered to be an Agreement as provided for in Article IV. 4. If the Conference of the Parties, on the basis of a report made by the Scientific Council pursuant to paragraph 2 of this Article, finds that such treaty, agreement or convention does not adequately provide for the conservation or management of the migra- tory species concerned it may decide to include the migratory species concerned in Appendix 1, and whether or not the migratory species concerned has been included in Appendix 1, shall request Parties that are also party to that treaty, agreement or convention to use their best endeavours in order to bring its provisions into conformity with the provisions of this Convention. In the event that such negotiations are successful, the provisions of paragraph 3 of this Article shall apply.

ARTICLE XI I I

In ternat ional Trade 17

Whenever the conservation status of a migratory species included in Appendix I or II of this Convention is or may be affected by international trade, the Executive Committee shall recommend to the Parties that are also parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, 1973) to take, where appropriate, necessary action in order to have the migratory species concerned covered by that Convention.

ARTICLE X i v

Resolut ion o f Disputes Under the Conven- t ion 18

1. Any dispute which may arise between two or more Parties with respect to the interpreta- tion or application of the provisions of this Convention shall be subject to negotiation between the Parties involved in this dispute.

Environmental Policy and Law, 3 (1977)

2. If the dispute cannot be resolved by nego- t iat ion between the Parties concerned they shall submit the case to the Executive Com- mittee which after seeking and reviewing advice from the Scientific Council may recommend a solution to the Parties con- cerned. 3. If the dispute cannot be resolved in accor- dance with the provisions of the two pre- ceding paragraphs, any of the Parties con- cerned may demand that the dispute be submitted to arbitration for decision in accordance with the fol lowing procedure: a) An arbitration panel shall be established

for each dispute consisting of an Arbitra- tor designated by each disputing Party and a Chairman from a State not party to the dispute proposed by the two arbitrators and designated by the disputing Parties.

b) Each Party shall designate its arbitrator within two months after notice has been given by one disputing Party to the other(s) that it wishes to submit the disbute to arbitration and the Chairman is to be agreed upon within three months after such notice. If these time limits have not been adhered to, and if the Parties to the dispute have not agreed on another designation procedure, any dis- puting Party may request the Executive Director of the United Nations Environ- ment Programme to effect the necessary designations.

c) The arbitration panel shall request the Scientific Council and may also request any appropriate scientific body to submit to it a report on the issue under dispute.

d) The arbitration panel shall take its deci- sion by simple majori ty, in accordance with any treaties existing between the Parties concerned and the general prin- ciples of international law. The decision of the arbitration panel shall be binding on the Parties in the dispute.

e) Each Party shall bear the cost of its repre- sentation before the arbitration panel as well as the cost of its own arbitrator. The costs of the Chairman of the panel and any other costs involved in the arbitration shall be shared equally between the Parties in the dispute. The arbitration panel may decide on other arrangements with regard to costs. It shall adopt its own rules of proced u re.

ARTICLE XV

Resolution o f Disputes Under Agreements

1. Each Agreement shall provide for a proce- dure to settle disputes arising among the parties to the Agreement. 2. If a dispute cannot be resolved in accor- dance with this procedure, the 13arties con- cerned shall refer the matter to the Executive Committee, thereupon the provisions provided for in paragraphs 2 and 3 of Article XIV shall apply.

ARTICLE XVl

Signature

This Convention shall be open for s igna tu re at until

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ARTICLE XV l l

Ratification, Acceptance, Approval

This Convention shall be subject to ratifica- t ion, acceptance or approval. Instruments of

Environmental Policy and Law, 3 (1977)

ratif ication, acceptance or approval shall be deposited with which shall be the Depositary.

ARTICLE XVII I

A ccessio n

This Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary.

ARTICLE XIX

Entry into Force

1. This Convention shall enter into force ninety days after the date of deposit o f the tenth instrument of ratif ication, acceptance, approval or accession, with the Depositary. 2. For each State which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the tenth instrument of ratif ication, acceptance, approval or acces- sion, this Convention shall enter into force ninety days after the deposit by such State of its instrument of ratif ication, acceptance, approval or accession.

ARTICLE XX

Reservations

1. The provisionsof this Convention shall not be subject to general reservations. Specific re- servations may be entered in accordance with the provisions of this Article and Article X. 2. Any State may, on depositing its instru- ment of ratif ication, acceptance, approval or accession, enter a specific reservation with regard to any migratory species included in Append ix I or II.

ARTICLE XXI

Denunciation

Any Party may denounce this Convention by writ ten notif ication to the Depositary at any time. The denunciation shall take effect twelve months after the Depositary has received the notif ication.

ARTICLE XXII

Depositary 20

1. The original o f this Convention, in the Arabic, Chinese, English, French, German, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary, which shall transmit certified copies thereof to all States that have signed it 93~ deposited instruments of acces- sion to it. 2. The Depositary shall inform all signatory and acceding States and the Secretariat o f signatures, deposit o f instruments of ratifica- t ion, acceptance, approval or accession, entry into force of this Convention, amendments thereto, specific reservations and notifica- t ion of denunciation. 3. As soon as this Convention enters into force, a certified copy thereof shall be trans- mitted by the Depositary to the Secretariat o f the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

DONE at on 19

APPENDICES Appendices I and I I -- General Explanatory Notes22, 23

1. The fol lowing proposals, relating to spe- cies to be listed in the Appendices to the Con- vention contain, pursuant to Article I(a) of the Convention: a) species, b) subspecies or c) higher taxa, designated according to their scientific name.

2. Any other mention in the list o f names superior to species designation is provided to facilitate comprehension, and to make the listing clearer.

3. The symbols or abbreviations used in con- nection with a species have the fol lowing meaning: a) The abbreviation "spp." fol lowing a higher

taxon designation means that all species in that taxon are covered;

b) An asterisk (*) means that the Appendix (I or li) deals with parts of the popula- t ion of a concerned species, and in this case only with that part which is found in the States referred to or found on the high seas (in the other parts of its range the species either does not migrate, is not suf- f iciently endangered to meet the criteria of the Convention, or is covered by other agreements).

c) The symbol "+1" or "+11" means that the species is listed on both Appendices. In this case, immediate protection measures as well as the adoption of an Agreement may be necessary for the same population of a species, or else, part of a population of a species requires immediate protection, while the conclusion of an Agreement is necessary for another part o f the popula- tion.

d) tf any other symbols are required, they will be explained in footnotes.

4. The Range States of each species are grouped as follows: OW: Old World (Asia, including Indo-Malay-

sian islands, Europe and Africa) NW: New World (North, Central and South

America) A: Australia, New Zealand and Pacific

Islands OS: Oceans and Seas

5. The names selected for the Range States are those commonly used as of 1.3.77. In certain cases however, when the range of a species is limited or restricted geographically within a Range State, an additional designa- t ion has been inserted in order to clarify the region of the Range State that is involved, e.g., France (R@union), United States (Hawaii) and Australia (Christmas Island).

6. As it is not possible to list the names of all the Range States which are to be included pursuant to the defini t ion of the term (see Articles II, 1 and IV, 1), because of the juris- diction exercised by ships f lying the flags of States and the activities of nationals, the term "all States" has been chosen to ensure the inclusion of all the Range States of listed species which live on the high seas or cross it. In addit ion, mention is made in parenthesis of the ocean or the sea concerned.

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