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IP Treaties Collection

Contracting Parties United Nations Convention on the Law of the Sea Canada

Dates Signature: December 10, 1982 Ratification: November 7, 2003 Entry into force: December 7, 2003

Declarations, Reservations

Declaration made upon ratification:
"With regard to article 287 of the Convention on the Law of the Sea, the Government of Canada hereby chooses the following means for the settlement of disputes concerning the interpretation or application of the Convention without specifying that one has precedence over the other:
(a) the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention; and
(b) an arbitrary tribunal constituted in accordance with Annex VII of the Convention.
With regard to Article 298, paragraph 1 of the Convention on the Law of the Sea, Canada does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:
- Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitation, or those involving historic bays or titles;
- Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;
-Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in the Convention.
According to Article 309 of the Convention on the Law of the Sea, no reservations or exceptions may be made to the Convention unless expressly permitted by other articles of the Convention. A declaration or statement made pursuant to article 310 of the Convention cannot purport to exclude or to modify the legal effect of the provisions of the Convention in their application to the state, entity or international organization making it. Consequently, the Government of Canada declares that it does not consider itself bound by declarations or statements that have been made or will be made by other states, entities and international organizations pursuant to article 310 of the Convention and that exclude or modify the legal effect of the provisions of the Convention and their application to the State, entity or international organization making it. Lack of response by the Government of Canada to any declaration or statement shall not be interpreted as tacit acceptance of that declaration or statement. The Government of Canada reserves the right at any time to take a position on any declaration or statement in the manner deemed appropriate."