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Summary Information
Full Title

1998 Protocol on the Privileges and Immunities of the International Seabed Authority

Short Title / Abbreviations

ISA Privileges and Immunities Protocol / ISA P&I Protocol

CIL Subject Classification
Citations to Text 2214 UNTS 133, UKTS 25 (2004)
Date of Adoption 27/03/1998
Date of Adoption Comment The treaty was opened for signature from 17-28 August 1998
Place of Adoption Kingston, Jamaica
Secretariat / Relevant Authority

International Seabed Authority

Dispute settlement provisions

Article 14: Settlement of Disputes

“1. In connection with the implementation of the privileges and immunities granted under this Protocol, the Authority shall make suitable provision for the proper settlement of:

(a) disputes of a private law character to which the Authority is a party;

(b) disputes involving any official of the Authority or any expert on mission for the Authority who by reason of his or her official position enjoys immunity, if immunity has not been waived by the Secretary-General.

2. Any dispute between the Authority and a member of the Authority concerning the interpretation or application of this Protocol which is not settled by consultation, negotiation or other agreed mode of settlement within three months following a request by one of the parties to the dispute shall, at the request of either party, be referred for a final and binding decision to a panel of three arbitrators:

(a) one to be nominated by the Secretary-General, one to be nominated by the other party to the dispute and the third, who shall be Chairman of the panel, to be chosen by the first two arbitrators;

(b) if either party has failed to make its appointment of an arbitrator within two months of the appointment of an arbitrator by the other party, the President of the International Tribunal for the Law of the Sea shall proceed to make such appointment. Should the first two arbitrators fail to agree upon the appointment of the third arbitrator within three months following the appointment of the first two arbitrators, the third arbitrator shall be chosen by the President of the International Tribunal for the Law of the Sea upon the request of the Secretary-General or the other party to the dispute.”

Depository

Secretary-General of the United Nations

Entry Into Force Status In Force
Date of Entry into Force

31/05/2003

Entry into Force / Termination Provisions

Article 18: Entry into force

“1. The Protocol shall enter into force 30 days after the date of deposit of the tenth instrument of ratification, approval, acceptance or accession.

2. For each member of the Authority which ratifies, approves or accepts this Protocol or accedes thereto after the deposit of the tenth instrument of ratification, approval, acceptance or accession, this Protocol shall enter into force on the thirtieth day following the deposit of its instrument of ratification, approval, acceptance or accession.”

General Status 46 Parties (as of 09/11/2023)
Links to Current Status/Reservations United Nations Treaty Collection
Status
ASEAN States
Brunei Darussalam
Cambodia
Indonesia Signature 26/08/1998
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam
Related Instruments
Related Instruments

1982 United Nations Convention on the Law of the Sea

1997 Agreement between the International Seabed Authority and the Government of Jamaica regarding the Headquarters of the International Seabed Authority

1997 Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea

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