Article 5 1. The arbitral tribunal shall render its decision in accordance with international law and in accordance with the provisions of this Convention and the protocol or protocols concerned. 2. Any arbitral tribunal constituted under the provisions of this annex shall draw up its own rules of procedure. Article 6 1. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members. 2. The arbitral tribunal may take all appropriate measures in order to establish the facts. It may, at the request of one of the parties, recommend essential interim measures of protection. 3. 4. The parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings. The absence or default of a party to the dispute shall not constitute an impediment to the proceedings. Article 7 The arbitral tribunal may hear and determine counterclaims arising directly out of the subject-matter of the dispute. Article 8 Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties. Article 9 Any Contracting Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the arbitral tribunal. Article 10 1. The arbitral tribunal shall render its award within five months of the date on which it is established unless it finds it necessary to extend the time-limit for a period which should not exceed five months. 2. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon the parties to the dispute. 3. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another arbitral tribunal constituted for this purpose in the same manner as the first. Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region, Nairobi, 1985 Done at Nairobi 21 June 1985 Not in force Primary source citation: Copy of text provided by the PROTOCOL CONCERNING PROTECTED AREAS AND WILD FAUNA AND FLORA IN THE EASTERN AFRICAN REGION The Contracting Parties to the present Protocol, Being Parties to the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, done at Nairobi on 21 June 1985, Conscious of the danger from increasing human activities which is threatening the environment of the Eastern African region, Recognizing that natural resources constitute a heritage of scientific, cultural, educational, recreational and economic value that needs to be effectively protected, Stressing the importance of protecting and, as appropriate, improving the state of the wild fauna and flora and natural habitats of the Eastern African region among other means by the establishment of specially protected areas in the marine and coastal environment, Desirous of establishing close co-operation among themselves in order to achieve that objective, Article 1 For the purposes of this Protocol: (a) "Eastern African region" means the Convention area as defined in paragraph (a) of article 2 of the Convention. It shall also include the coastal areas of the Contracting Parties and their internal waters related to the marine and coastal environment; (b) "Convention" means the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region; (c) "Organization” means the body referred to in paragraph (c) of article 2 of the Convention. Article 2 1. The Contracting Parties shall take all appropriate measures to maintain essential ecological processes and life support systems, to preserve genetic diversity, and to ensure the sustainable utilization of harvested natural resources under their jurisdiction. In particular, the Contracting Parties shall endeavour to protect and preserve rare or fragile ecosystems as well as rare, depleted, threatened or endangered species of wild fauna and flora and their habitats in the Eastern African region. 2. To this end, the Contracting Parties shall develop national conservation strategies and co-ordinate, if appropriate, such strategies within the framework of regional conservation activities. Article 3 PROTECTION OF WILD FLORA The Contracting Parties shall take all appropriate measures to ensure the protection of the wild flora species specified in annex I. To this end, each Contracting Party shall, as appropriate, prohibit activities having adverse effects on the habitats of such species, as well as the uncontrolled picking, collecting, cutting or uprooting of such species. Each Contracting Party shall, as appropriate, prohibit the possession or sale of such species. Article 4 SPECIES OF WILD FAUNA REQUIRING SPECIAL PROTECTION The Contracting Parties shall take all appropriate measures to ensure the strictest protection of the endangered wild fauna species listed in annex II. To this end, each Contracting Party shall strictly regulate and, where required, prohibit activities having adverse effects on the habitats of such species. In particular, the following activities shall, where required, be prohibited with regard to such species: (c) Disturbance of wild fauna, particularly during the period of breeding, rearing and hibernation; (d) Destruction or taking of eggs from the wild or keeping these eggs even if empty; (e) Possession of and internal trade in these animals, alive or dead, including stuffed animals and any readily recognisable part or derivative thereof. Article 5 HARVESTABLE SPECIES OF WILD FAUNA 1. The Contracting Parties shall take all appropriate measures to ensure the protection of the depleted or threatened wild fauna species listed in annex III. 2. Any exploitation of such wild fauna species shall be regulated in order to restore and maintain the populations at optimum levels. Each Contracting Party shall develop, adopt and implement management plans for the exploitation of such species which may include: (a) The prohibition of the use of all indiscriminate means of capture and killing and of the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species; (b) Closed seasons and other procedures regulating exploitation; (c) (d) The temporary or local prohibition of exploitation, as appropriate, in order to restore viable population levels; The regulation, as appropriate, of sale, keeping for sale, transport for sale or offering for sale of live and dead wild animals; (e) The safeguarding of breeding stocks of such species and their critical habitats in protected areas designated in accordance with article 8 of this Protocol; (Exploitation in captivity. Article 6 The Contracting Parties shall, in addition to the measures specified in articles 3, 4 and 5, co-ordinate their efforts for the protection of migratory species listed in annex IV whose range extends into their territories. To this end, each Contracting Party shall ensure that, where appropriate, the closed seasons and other measures referred to in paragraph 2 of article 5 are also applied with regard to such migratory species. Article 7 INTRODUCTION OF ALIEN OR NEW SPECIES The Contracting Parties shall take all appropriate measures to prohibit the intentional or accidental introduction of alien or new species which may cause significant or harmful changes to the Eastern African region. 1. Article 8 ESTABLISHMENT OF PROTECTED AREAS The Contracting Parties shall, where necessary, establish protected areas in areas under their jurisdiction with a view to safeguarding the natural resources of the Eastern African region and shall take all appropriate measures to protect those areas. (a) The ecological and biological processes essential to the functioning of the Eastern African region; (b) Representative samples of all types of ecosystems of the Eastern African region; (c) (d) purposes. Populations of the greatest possible number of species of fauna and flora depending on these ecosystems; Areas having a particular importance by reason of their scientific, aesthetic, cultural or educational 3. In establishing protected areas, the Contracting Parties shall take into account, inter alia, their importance as: (a) Natural habitats, and in particular as critical habitats, for species of fauna and flora, especially those which are rare, threatened or endemic; (b) Migration routes or as wintering, staging, feeding or moulting sites for migratory species; (c) Areas necessary for the maintenance of stocks of economically important marine species; The Contracting Parties shall, at their first meeting, and in cooperation with the competent regional and international organizations, formulate and adopt guidelines, standards or criteria concerning the identification, selection, establishment and management of protected areas. Article 10 The Contracting Parties, taking into account the characteristics of each protected area, shall take, in conformity with international law, the measures required to achieve the objectives of protecting the area, which may include: (b) The prohibition of the dumping or discharge of wastes or other matter which may impair the protected areas; (d) The regulation of fishing and hunting and of the capture of animals and harvesting of plants; S The regulation of any act likely to harm or disturb the fauna or flora, including the introduction of non-indigenous animal or plant species; (g) The regulation of any activity involving the exploration or exploitation of the sea-bed or its subsoil or a modification of the sea-bed profile; (h) The regulation of any activity involving a modification of the profile of the soil or the exploitation of the subsoil of the coastal area; (i) The regulation of any archaeological activity and of the removal of any object which may be considered as an archaeological object; S The regulation of trade in and import and export of animals, parts of animals, plants, parts of plants and archaeological objects which originate in protected areas and are subject to measures of protection; (k) Any other measure aimed at safeguarding ecological and biological processes in protected areas. |