5. "Organization" means the Inter-Government Maritime Consultative Organization. ARTICLE III When a coastal state is exercising the right to take measures in accordance with Article I, the following provisions shall apply: (a) before taking any measures, a coastal state shall proceed to consultations with other states affected by the maritime casualty, particularly with the flag state or states; (b) the coastal state shall notify without delay the proposed measures to any persons physical or corporate known to the coastal state, or made known to it during the consultations, to have interests which can reasonably be expected to be affected by those measures. The coastal state shall take into account any views they may submit; (c) before any measure is taken, the coastal state may proceed to a consultation with independent experts, whose names shall be chosen from a list maintained by the Organization; (d) in cases of extreme urgency requiring measures to be taken immediately, the coastal state may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun; (e) a coastal state shall, before taking such measures and during their course, use its best endeavours to avoid any risk to human life, and to afford persons in distress any assistance of which they may stand in need, and in appropriate cases to facilitate the repatriation of ships' crews, and to raise no obstacle thereto; (f) measures which have been taken in application of Article I shall be notified without delay to the states and to the known physical or corporate persons concerned, as well as to the Secretary-General of the Organization. ARTICLE IV 1. Under the supervision of the Organization, there shall be set up and maintained the list of experts contemplated by Article III of the present Convention, and the Organization shall make necessary and appropriate regulations in connexion therewith, including the determination of the required qualifications. 2. Nominations to the list may be made by Member States of the Organization and by parties to this Convention. The experts shall be paid on the basis of services rendered by the states utilizing those services. ARTICLE V 1. Measures taken by the coastal state in accordance with Article I shall be proportionate to the damage actual or threatened to it. 2. Such measures shall not go beyond what is reasonably necessary to achieve the end mentioned in Article I and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag state, third states and of any persons, physical or corporate, concerned. 3. In considering whether the measures are proportionate to the damage, account shall be taken of: (a) the extent and probability of imminent damage if those measures are not taken; and (b) the likelihood of those measures being effective; and (c) the extent of the damage which may be caused by such measures. ARTICLE VI Any party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in Article I. ARTICLE VII Except as specifically provided, nothing in the present Convention shall prejudice any otherwise applicable right, duty, privilege or immunity or deprive any of the parties or any interested physical or corporate person of any remedy otherwise applicable. ARTICLE VIII 1. Any controversy between the parties as to whether measures taken under Article I were in contravention of the provisions of the present Convention, to whether compensation is obliged to be paid under Article VI, and to the amount of such compensation shall, if settlement by negotiation between the parties involved or between the party which took the measures and the physical or corporate claimants has not been possible, and if the parties do not otherwise agree, be submitted upon request of any of the parties concerned to conciliation or, if conciliation does not succeed, to arbitration, as set out in the Annex to the present Convention. 2. The party which took the measures shall not be entitled to refuse a request for conciliation or arbitration under provisions of the preceding paragraph solely on the grounds that any remedies under municipal law in its own court have not been exhausted. ARTICLE IX 1. The present Convention shall remain open for signature until 31 December 1970 and shall thereafter remain open for accession. 2. States Members of the United Nations or any of the Specialized Agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice may become parties to this Convention by: (a) signature without reservation as to ratification, acceptance or approval; (b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or (c) accession. ARTICLE X 1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the SecretaryGeneral of the Organization. 2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Convention with respect to all existing parties or after the completion of all measures required for the entry into force of the amendment with respect to those parties shall be deemed to apply to the Convention as modified by the amendment. ARTICLE XI 1. The present Convention shall enter into force on the ninetieth day following the date on which governments of fifteen states have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization. 2. For each state which subsequently ratifies, accepts, approves or accedes to it the present Convention shall come into force on the ninetieth day after deposit by such state of the appropriate instrument. ARTICLE XII 1. The present Convention may be denounced by any party at any time after the date on which the Convention comes into force for that state. 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization. 3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization. ARTICLE XIII 1. The United Nations where it is the administering authority for a territory, or any state party to the present Convention responsible for the international relations of a territory, shall as soon as possible consult with the appropriate authorities of such territories or take such other measures as may be appropriate, in order to extend the present Convention to that territory and may at any time by notification in writing to the Secretary-General of the Organization declare that the present Convention shall extend to such territory. 2. The present Convention shall, from the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein. 3. The United Nations, or any party which has made a declaration under paragraph 1 of this article may at any time after the date on which the Convention has been so extended to any territory declare by notification in writing to the Secretary-General of the Organization that the present Convention shall cease to extend to any such territory named in the notification. 4. The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Secretary-General of the Organization. ARTICLE XIV 1. A Conference for the purpose of revising or amending the present Convention may be convened by the Organization. 2. The Organization shall convene a Conference of the States Parties to the present Convention for revising or amending the present Convention at the request of not less than one-third of the parties. ARTICLE XV 1. The present Convention shall be deposited with the SecretaryGeneral of the Organization. 2. The Secretary-General of the Organization shall: (a) inform all states which have signed or acceded to the Convention of: (i) each new signature or deposit of instrument together with the date thereof; (ii) the deposit of any instrument of denunciation of this Convention together with the date of the deposit; (iii) the extension of the present Convention to any territory under paragraph 1 of Article XIII and of the termination of any such extension under the provisions of paragraph 4 of that article stating in each case the date on which the present Convention has been or will cease to be so extended; (b) transmit certified true copies of the present Convention to all Signatory States and to all states which accede to the present Convention. ARTICLE XVI As soon as the present Convention comes into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. ARTICLE XVII The present Convention is established in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original. IN WITNESS WHEREOF the undersigned being duly authorized by their respective governments for that purpose have signed the present Convention. DONE at Brussels this twenty-ninth day of November 1969. [Signed on behalf of the governments of Cameroon, Republic of China, France, Federal Republic of Germany, Guatemala, Iceland, Indonesia, Italy, Korea, Malagasy Republic, Monaco, Poland, Switzerland, United Kingdom, United States and Yugoslavia.] ANNEX CHAPTER I.-CONCILIATION ARTICLE 1 Provided the parties concerned do not decide otherwise, the procedure for conciliation shall be in accordance with the rules set out in this chapter. ARTICLE 2 1. A Conciliation Commission shall be established upon the request of one party addressed to another in application of Article VIII of the Convention. 2. The request for conciliation submitted by a party shall consist of a statement of the case together with any supporting documents. 3. If a procedure has been initiated between two parties, any other party the nationals or property of which have been affected by the same measures, or which is a coastal state having taken similar measures, may join in the conciliation procedure by giving written notice to the parties which have originally initiated the procedure unless either of the latter parties object to such joinder. ARTICLE 3 1. The Conciliation Commission shall be composed of three members: : one nominated by the coastal state which took the measures, one nominated by the state the nationals or property of which have been affected by those measures and a third, who shall preside over the Commission and shall be nominated by agreement between the two original members. 2. The Conciliators shall be selected from a list previously drawn up in accordance with the procedure set out in Article 4 below. 3. If within a period of 60 days from the date of receipt of the request for conciliation, the party to which such request is made has not given notice to the other party to the controversy of the nomination of the Conciliator for whose selection it is responsible, or if, within a period of 30 days from the date of nomination of the second of the members of the Commission to be designated by the parties, the first two Conciliators have not been able to designate by common agreement the Chairman of the Commission, the Secretary-General of the Organization shall upon request of either party and within a period of 30 days, proceed to the required nomination. The members of the Commission thus nominated shall be selected from the list prescribed in the preceding paragraph. 4. In no case shall the Chairman of the Commission be or have been a national of one of the original parties to the procedure, whatever the method of his nomination. ARTICLE 4 1. The list prescribed in Article 3 above shall consist of qualified persons designated by the parties and shall be kept up to date by the Organization. Each party may designate for inclusion on the list four persons, who shall not necessarily be its nationals. The nominations shall be for periods of six years each and shall be renewable. 2. In the case of the decease or resignation of a person whose name appears on the list, the party which nominated such person shall be permitted to nominate a replacement for the remainder of the term of office. ARTICLE 5 1. Provided the parties do not agree otherwise, the Conciliation Commission shall establish its own procedures, which shall in all cases permit a fair hearing. As regards examination, the Commission, unless |