Article 36 of ICJ –

2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning:

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established, would constitute a breach of an international
obligation ;

d. the nature or extent of the reparation to be made for the breach of an international obligation.

3. The declarations referred to above may be made unconditionally or on condition of reciprocity on

the part of several or certain states, or for a certain time

ARTICLES OF CBD
ARTICLE 1

Objectives

The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the
conservation of biological diversity. the sustainable use of its components and the fair and equitable
sharing of the benefits arising out of the utilization of genetic resources, including by appropriate
access to genetic resources and by appropriate transfer of relevant technologies, taking into account
all rights over those resources and to technologies, and by appropriate funding.

ARTICLE 3

Principle

States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental policies,
and the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction.

ARTICLE 5

Cooperation

Each Contracting Party shall, as far as possible and as appropriate, cooperate with other Contracting
Parties, directly or. where appropriate, through competent international organizations, in respect of
areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and
sustainable use of biological diversity.

ARTICLE 8

In-situ Conservation

Each Contracting Party shall, as far as possible and as appropriate:

(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity:
(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological diversity:

(c) Regulate or manage biological resources important for the conservation of biological diversity
whether within or outside protected areas, with a view to ensuring their conservation and
sustainable use;

(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings:

(e) Promote environmentally sound and sustainable development in areas adjacent to protected
areas with a view to furthering protection of these areas:

(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species,
inter alia, through the development and implementation of plans or other management strategies:

(g) Establish or maintain means to regulate, manage or control the risks associated with the use and
release of living modified organisms resulting from biotechnology which are likely to have adverse
environmental impacts that could affect the conservation and sustainable use of biological diversity,
taking also into account the risks to human health:

(h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems,
habitats or species:

(i) Endeavour to provide the conditions needed for compatibility between present uses and the
conservation of biological diversity and the sustainable use of its components:

(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and
practices of indigenous and local communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity and promote their wider application with the
approval and involvement of the holders of such knowledge, innovations and practices and
encourage the equitable sharing of the benefits arising from the utilization of such knowledge,
innovations and practices:

(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of
threatened species and populations:

(1) Where a significant adverse effect on biological diversity has been determined pursuant to Article
7, regulate or manage the relevant processes and categories of activities: and

(m) Cooperate in providing financial and other support for in-situ conservation outlined in
subparagraphs (a) to (1) above, particularly to developing countries.

ARTICLE 10

Sustainable Use of Components of Biological Diversity

Each Contracting Party shall, as far as possible and as appropriate:

(a) Integrate consideration of the conservation and sustainable use of biological resources into
national decision-making;

(b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts
on biological diversity;
(c) Protect ала encourage customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable use requirements;

(d) Support local populations to develop and implement remedial action in degraded areas where
biological diversity has been reduced; and

(e) Encourage cooperation between its governmental authorities and its private sector in developing
methods for sustainable use of biological resources.

ARTICLE 27
Settlement of Disputes
1. In the event of a dispute between Contracting Parties concerning the interpretation or
application of this Convention, the parties concerned shall seek solution by negotiation.
2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek
the good offices of, or request mediation by, a third party.
3. When ratifying, accepting, approving or acceding to this Convention, or at any time
thereafter, a State or regional economic integration organization may declare in writing to
the Depositary that for a dispute not resolved in accordance with paragraph i or paragraph 2
above, it accepts one or both of the following means of dispute settlement as compu1sory:
(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II;
(b) Submission of the dispute to the International Court of Justice.
4. If the parties to the dispute have not. in accordance with paragraph 3 above, accepted
the same or any procedure, the dispute shall be submitted to conciliation in accordance
with Part 2 of Annex II unless the parties otherwise agree.
5. The provisions of this Article shall apply with respect to any protocol except as otherwise
provided in the protocol concerned.

ARTICLES OF CMS
ARTICLE II
Fundamental Principles
1. The Parties acknowledge the importance of migratory species being conserved and of
Range States agreeing to take action to this end whenever possible and appropriate, paying
special attention to migratory species the conservation status of which is unfavourable, and
taking individually or in co-operation appropriate and necessary steps to conserve such
species and their habitat.
2. The Parties acknowledge the need to take action to avoid any migratory species becoming
endangered.
3. In particular, the Parties:
a) should promote, co-operate in and support research relating to migratory species;
b) shall endeavour to provide immediate protection for migratory species included in
Appendix I; and
c) shall endeavour to conclude AGREEMENTS covering the conservation and management of
migratory species included in Appendix II.
ARTICLE IV
Migratory Species to Be the Subject of AGREEMENTS: Appendix II
1. Appendix II shall list migratory species which have an unfavourable conservation status
and which require international agreements for their conservation and management, as
well as those which have a conservation status which would significantly benefit from the
international co-operation that could be achieved by an international agreement.
2. If the circumstances so warrant, a migratory species may be listed both in Appendix I and
Appendix II.
3. Parties that are Range States of migratory species listed in Appendix II shall endeavour to
conclude AGREEMENTS where these would benefit the species and should give priority to
those species in an unfavourable conservation status.
4. Parties are encouraged to take action with a view to concluding agreements for any
population or any geographically separate part of the population of any species or lower
taxon of wild animals, members of which periodically cross one or more national
jurisdictional boundaries.
5. The Secretariat shall be provided with a copy of each AGREEMENT concluded pursuant to
the provisions of this Article.

RIO DECLARATION
PRINCIPLE 2

States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction.

RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS

Article l - Responsibility of a State for its internationally wrongful acts

Every internationally wrongful act of a State entails the international responsibility of that State.

Article 2 - Elements of an internationally wrongful act of a State

There is an internationally wrongful act of a State when conduct consisting of an action or omission:
(a) is attributable to the State under international law; and (b) constitutes a breach of an
international obligation of the State.

Article 5 - Conduct of persons or entities exercising elements of governmental authority

The conduct of a person or entity which is not an organ of the State under article 4 but which is
empowered by the law of that State to exercise elements of the governmental authority shall be
considered an act of the State under international law, provided the person or entity is acting in that
capacity in the particular instance.

Article 8 - Conduct directed or controlled by a State

The conduct of a person or group of persons shall be considered an act of a State under international
law if the person or group of persons is in fact acting on the instructions of, or under the direction or
control of, that State in carrying out the conduct.

Article 11 - Conduct acknowledged and adopted by a State as its own

Conduct which is not attributable to a State under the preceding articles shall nevertheless be
considered an act of that State under international law if and to the extent that the State
acknowledges and adopts the conduct in question as its own.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

ARTICLE 87
Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is
exercised under the conditions laid down by this Convention and by other rules of international law.
It comprises, inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to Part VI;

(d) freedom to construct artificial islands and other installations permitted under international law,
subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the interests of other States in
their exercise of the freedom of the high seas, and also with due regard for the rights under this
Convention with respect to activities in the Area.

ARTICLE 117
Duty of States to adopt with respect to their nationals measures for the conservation of the living
resources of the high seas
 All States have the duty to take, or to cooperate with other States in taking, such measures for their
respective nationals as may be necessary for the conservation of the living resources of the high
seas.

ARTICLE 118
Cooperation of States in the conservation and management of living resources
States shall cooperate with each other in the conservation and management of living
resources in the areas of the high seas. States whose nationals exploit identical living
resources, or different living resources in the same area, shall enter into negotiations with a
view to taking the measures necessary for the conservation of the living resources
concerned. They shall, as appropriate, cooperate to establish subregional or regional
fisheries organizations to this end.

ARTICLE 192
General obligation
States have the obligation to protect and preserve the marine environment.

ARTICLE 300
Good faith and abuse of rights

States Parties shall fulfil in good faith the obligations assumed under this Convention and shall
exercise the rights, jurisdiction and freedoms recognized in this Convention in a manner which
would not constitute an abuse of right.

Article 287
Choice of procedure

1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be
free to choose, by means of a written declaration, one or more of the following means for the
settlement of disputes concerning the interpretation or application of this Convention:

(a) the International Tribunal for the Law of the Sea established in accordance with Annex VI;

(b) the International Court of Justice;

(c) an arbitral tribunal constituted in accordance with Annex VII;

(d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the
categories of disputes specified therein.

2. A declaration made under paragraph 1 shall not affect or be affected by the obligation of a State
Party to accept the jurisdiction of the Seabed Disputes Chamber of the International Tribunal for the
Law of the Sea to the extent and in the manner provided for in Part XI, section 5.

3. A State Party, which is a party to a dispute not covered by a declaration in force, shall be deemed
to have accepted arbitration in accordance with Annex VII.
4. If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it
may be submitted only to that procedure, unless the parties otherwise agree.

5. If the parties to a dispute have not accepted the same procedure for the settlement of the
dispute, it may be submitted only to arbitration in accordance with Annex VII, unless the parties
otherwise agree.

6. A declaration made under paragraph 1 shall remain in force until three months after notice of
revocation has been deposited with the Secretary-General of the United Nations.

7. A new declaration, a notice of revocation or the expiry of a declaration does not in any way affect
proceedings pending before a court or tribunal having jurisdiction under this article, unless the
parties otherwise agree.

8. Declarations and notices referred to in this article shall be deposited with the Secretary-General
of the United Nations, who shall transmit copies thereof to the States Parties.

Articles of Paris Agreement

Article 24.
Requests those Parties whose intended nationally determined contribution pursuant to
decision 1/CP.20 contains a time frame up to 2030 to communicate or update by 2020 these
contributions and to do so every five years thereafter pursuant to Article 4, paragraph 9, of
the Agreement;
Article 4.
Also invites all Parties to the Convention to sign the Agreement at the ceremony to be
convened by the Secretary-General, or at their earliest opportunity, and to deposit their
respective instruments of ratification, acceptance, approval or accession, where
appropriate, as soon as possible;
Article 9
Further decides to oversee the implementation of the work programme resulting from the
relevant requests contained in this decision;

Article 14 of UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE

CHANGE (UNFCCC)
1. In the event of a dispute between any two or more Parties concerning the interpretation
or application of the Convention, the Parties concerned shall seek a settlement of the
dispute through negotiation or any other peaceful means of their own choice.
2. When ratifying, accepting, approving or acceding to the Convention, or at any time
thereafter, a Party which is not a regional economic integration organization may declare in
a written instrument submitted to the Depositary that, in respect of any dispute concerning
the interpretation or application of the Convention, it recognizes as compulsory ipso facto
and without special agreement, in relation to any Party accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice; and/or
(b) Arbitration in accordance with procedures to be adopted by the Conference of the
Parties as soon as practicable, in an annex on arbitration.
A Party which is a regional economic integration organization may make a declaration with
like effect in relation to arbitration in accordance with the procedures referred to in
subparagraph (b) above.
3. A declaration made under paragraph 2 above shall remain in force until it expires in
accordance with its terms or until three months after written notice of its revocation has
been deposited with the Depositary.
4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any
way affect proceedings pending before the International Court of Justice or the arbitral
tribunal, unless the parties to the dispute otherwise agree.
5. Subject to the operation of paragraph 2 above, if after twelve months following
notification by one Party to another that a dispute exists between them, the Parties
concerned have not been able to settle their dispute through the means mentioned in
paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to
the dispute, to conciliation.
6. A conciliation commission shall be created upon the request of one of the parties to the
dispute. The commission shall be composed of an equal number of members appointed by
each party concerned and a chairman chosen jointly by the members appointed by each
party. The commission shall render a recommendatory award, which the parties shall
consider in good faith.
7. Additional procedures relating to conciliation shall be adopted by the Conference of the
Parties, as soon as practicable, in an annex on conciliation.
8. The provisions of this Article shall apply to any related legal instrument which the
Conference of the Parties may adopt, unless the instrument provides otherwise.

CBD DECISIONS
Reiterating the United Nations General Assembly’s central role in addressing issues relating to the conservation
and sustainable use of biodiversity in marine areas beyond national jurisdiction,

Recalling that General Assembly resolution 60/30 emphasized the universal and unified character of the United
Nations Convention on the Law of the Sea and reaffirmed that the United Nations Convention on the Law of the
Sea sets out the legal framework within which all activities in the oceans and seas must be carried out, and that
its integrity needs to be maintained, as recognized also by the United Nations Conference on Environment and
Development in chapter 17 of Agenda 21,

Considering the objectives of the Convention and the principle contained in Article 3, which establishes the
responsibility of States to ensure that activities within their jurisdiction or control, do not cause damage to the
environment of other States or of areas beyond the limits of national jurisdiction,
HAMILTON DECLARATION