The States Parties to this Protocol and to any one or more of the Conventions on the Law of the Sea adopted by the United Nations Conference on the Law of the Sea held at Geneva from 24 February to 27 April 1958,
Expressing their wish to resort, in all matters concerning them in respect of any dispute arising out of the interpretation or application of any article of any Convention on the Law of the Sea of 29 April 1958, to the compulsory jurisdiction of the International Court of Justice, unless some other form of settlement is provided in the Convention or has been agreed upon by the Parties within a reasonable period,
Have agreed as follows:
Disputes arising out of the interpretation
or application of any Convention on the Law of the Sea shall lie within
the compulsory jurisdiction of the International Court of Justice, and
may accordingly be brought before the Court by an application made by any
party to the dispute being a Party to this Protocol.
The Parties may agree, within a period
of two months after one party has notified its opinion to the other that
a dispute exists, to resort not to the International Court of Justice but
to an arbitral tribunal. After the expiry of the said period, either Party
to this Protocol may bring the dispute before the Court by an application.
1. Within the same period of two months, the Parties to this Protocol may agree to adopt a conciliation procedure before resorting to the International Court of Justice.
2. The conciliation commission shall
make its recommendations within five months after its appointment. If its
recommendations are not accepted by the parties to the dispute within two
months after they have been delivered, either party may bring the dispute
before the Court by an application.
This Protocol shall remain open for
signature by all States who become Parties to any Convention on the Law
of the Sea adopted by the United Nations Conference on the Law of the Sea
and is subject to ratification, where necessary, according to the constitutional
requirements of the signatory States.
The original of this Protocol, of which
the Chinese, English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General of the United Nations, who
shall send certified copies thereof to all States referred to in article
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.
DONE at Geneva, this twenty-ninth day of April one thousand
nine hundred and fifty-eight.
Done at Geneva on 29 April 1958.
Adopted by the United Nations Conference on the Law of the Sea, held at Geneva from 24 February to 27 April 1958, and opened for signature on 29 April 1958.
Entry into force: 30 September 1962
Text: United Nations, Treaty Series, vol. 450, p. 169.