CONVENTION FOR A NORTH PACIFIC MARINE SCIENCE ORGANIZATION (PICES)
PREAMBLE
THE CONTRACTING PARTIES,
RECOGNIZING the need for improved scientific understanding of the North Pacific Ocean and its processes, living resources, and oceanographic features;
AWARE that due to the vast expanse of the North Pacific Ocean, scientific understanding of the area can be best achieved through a spirit of international scientific cooperation on a mu- tually beneficial basis;
DESIRING to establish an appropriate intergovernmental organization to promote and facilitate such scientific cooperation and avoid duplication of effort;
ACKNOWLEDGING that the activity of the organization must be based on the principles and rules of the international law of the sea applicable to marine scientific research,
HAVE AGREED as follows:
Article I
Establishment of the Organization
The Contracting Parties hereby establish an intergovernmental organization entitled the North Pacific Marine Science Organization (PICES), hereinafter referred to as the "Organization".
Article II
The Area Concerned
The area which the activities of the Organization concern shall be the temperate and sub-Arctic region of the North Pacific Ocean and its adjacent seas, especially northward from
30 degrees North Latitude, hereinafter referred to as the "area concerned". Activities of the Organization, for scientific reasons, may extend farther southward in the North Pacific Ocean.
Article III
Purpose of the Organization
The purpose of the Organization shall be:
(a) to promote and coordinate marine scientific research in order to advance scientific knowledge of the area concerned and of its living resources, including but not nec- essarily limited to research with respect to the ocean environment and its inter- actions with land and atmosphere, its role in and response to global weather and climate change, its flora, fauna and ecosystems, its uses and resources, and im- pacts upon it from human activities; and
(b) to promote the collection and exchange of information and data related to marine scientific research in the area concerned.
Article IV
Structure of the Organization The Organization shall consist of:
(a) a Governing Council (the "Council");
(b) such permanent or ad hoc scientific groups and committees as the Council may establish from time to time; and
(c) a Secretariat.
Article V
Functions of the Governing Council
1. The scientific functions of the Council shall be, inter alia:
(a) to identify research priorities and problems pertaining to the area concerned, as well as appropriate methods for their solution;
(b) to recommend coordinated research programs and related activities pertaining to the area concerned, which shall be undertaken through the national efforts of the
participating Contracting Parties;
(c) to promote and facilitate the exchange of scientific data, information, and personnel;
(d) to consider requests to develop scientific advice pertaining to the area concerned;
(e) to organize scientific symposia and other scientific events; and (f) to foster the discussion of problems of mutual scientific interest.
2. The administrative functions of the Council shall be, inter alia:
(a) to adopt and, if necessary, to amend the Rules of Procedure and Financial Regulations of the Organization;
(b) to consider and recommend amendments to the Convention;
(c) to adopt the annual report of the Organization;
(d) to examine and adopt the annual budget and final accounts of the Organization;
(e) to determine the location of the Secretariat;
(f) to appoint the Executive Secretary;
(g) to maintain contact with other relevant international organizations; and (h) to manage the activities of the Organization.
3. The Council shall take such other decisions as may be necessary or desirable to enable the organization to carry out its activities efficiently and effectively.
Article VI
Composition and Procedures of the Governing Council
1. Each Contracting Party shall be a member of the Council and shall appoint to the Council not more than two delegates, who may be accompanied as appropriate by alternates, experts and advisers.
2. The Council shall elect a Chairman and a Vice-Chairman, taking due account of the princi- ple of rotation among Contracting Parties. The Chairman and Vice-Chairman shall be repre- sentatives of different Contracting Parties. During his term the Chairman shall cease to be part of his national delegation.
3. The Chairman of the Council shall convene a regular annual meeting of the Organization.
The annual meetings shall ordinarily be held at the seat of the Organization, unless other- wise decided by the Council.
4. Any meeting of the Council, other than the annual meeting, shall be called by the Chairman at such time and place as the Chairman may determine, upon the request of the Council.
5. The Council may invite other states, organizations, and experts to attend scientific meetings of the Organization, or to participate in activities of the Organization on such terms as the Council may establish.
Article VII
Decision Making in the Governing Council
1. Each Contracting Party shall have one vote in the proceedings of the Council.
2. The Council shall make every effort to take decisions on the basis of consensus. For the purpose of this Convention, consensus means the absence of a formal objection.
3. If all efforts at consensus have been exhausted, and no agreement has been reached, deci- sions of the Council may be adopted by a three-quarters majority vote of the Contracting Parties present and voting.
4. Notwithstanding paragraph 3, consensus shall be required for the following:
(a) the establishment of permanent or ad hoc scientific groups and committees;
(b) the appointment of an Executive Secretary;
(c) the adoption of the annual budget of the Organization;
(d) recommendations for amendment of this Convention;
(e) the holding of any meeting of the Council other than the annual meeting; and (f) other matters of substance that the Council may agree upon.
Article VIII
The Secretariat
The Council shall appoint an Executive Secretary on such terms and with such duties as it may determine. The staff of the Secretariat shall be appointed by the Executive Secretary in accordance with such rules, procedures, and requirements as may be determined by the Council.
Article IX
Financial Provisions
1. The Council shall adopt an annual budget for the Organization.
2. Each Contracting Party shall contribute to the annual budget. Contributions shall be paid in the currency of the state in which the Secretariat is located in accordance with the re- spective laws and regulations of each Contracting Party.
3. The Council shall consider at its annual meeting the failure of any Contracting Party to discharge its financial obligations under this Convention. A Contracting Party that fails to pay its contributions for two consecutive years shall not, during the period of its default, have the right to participate in the taking of decisions in the Council unless the Council decides otherwise.
Article X
Working and Official Language
The working and official language of the Council shall be English.
Article XI
Privileges and Immunities
1. The Organization shall enjoy such legal personality and capacity as may be agreed between the Organization and the Contracting Party in whose territory the Secretariat is located.
2. The Organization, its officers and employees, together with delegates to the Council, shall enjoy such privileges and immunities, necessary for the fulfillment of their functions, as may be agreed between the Organization and the Contracting Party in whose territory the Secretariat is located.
Article XII No Prejudice to Existing Rights
1. Nothing in this Convention, nor activities of the Organization taking place pursuant to it, shall prejudice or in any way affect:
(a) the sovereignty, sovereign rights and jurisdiction of a Contracting Party under in- ternational law over its territorial sea, 200 nautical mile zone, or continental shelf, including its jurisdiction over marine scientific research;
(b) the rights of a Contracting Party to manage its national research programs;
(c) other international agreements, bilateral or multilateral, to which Contracting Parties are party.
2. Nothing in this Convention shall be construed as authorizing the Organization to regulate the activities of the Contracting Parties.
Article XIII
Signature and Ratification, Acceptance or Approval
1. The Convention shall be open for signature at Ottawa, Canada, from March 1, 1991 until December 31, 1991 by Canada, the People's Republic of China, Japan, the Union of Soviet Socialist Republics and the United States of America.
2. The Convention shall be subject to ratification, acceptance or approval by the signatory states in accordance with their domestic laws and procedures. Instruments of ratification, acceptance or approval shall be deposited with the Government of Canada, which shall act as the Depository.
Article XIV
Entry into Force and Accession
1. The Convention shall enter into force sixty days after the date on which three of the sig- natory states have deposited instruments of ratification, acceptance or approval with the Depository.
2. After the Convention has entered into force, it shall be open for accession by any non-sig- natory state. States desiring to accede to the Convention may so notify the Depository which shall notify the Contracting Parties. In the absence of a written objection by a
Contracting Party within 90 days of receipt of such notification, a state may accede by de- posit of an instrument of accession with the Depository and accession shall take effect sixty days following deposit.
Article XV
Amendments
Any Contracting Party or the Council may propose amendments to this Convention. The text of a proposed amendment shall be transmitted to all Contracting Parties by the Depository at least 90 days prior to the meeting at which the amendment is proposed to be considered.
Amendments shall enter into force sixty days after the deposit of instruments of ratification, acceptance or approval by all of the Contracting Parties in accordance with their domestic laws and procedures.
Article XVI
Withdrawal
A Contracting Party may withdraw from this Convention at any time by giving written notice of withdrawal to the Depository. The withdrawal shall be effective six months after receipt of the notice of withdrawal by the Depository.
Article XVII
Termination
1. This Convention shall be terminated upon the withdrawal of three of the signatory states listed in Article XIII.
2. The effective date of termination shall be one year after the deposit with the Depository of the number of withdrawals required to terminate the Convention in accordance with paragraph 1 above.
Article XVIII Authentic Texts and Certified Copies
The original of the present Convention in the English and French languages, each version be- ing equally authentic, shall be deposited with the Depository, which shall transmit certified copies thereof to all of the signatory states.
IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Convention.
DONE in duplicate, at Ottawa, this 12th day of December, 1990, in the English and French languages, each version being equally authentic.
PICES 협약
협약국은
북태평양의 이용, 생물자원 및 해양학적 특성에 관하여 과학적 이해증진 필요성을 인지하고, 북태평양의 광활함으로 인하여, 상호이득을 바탕으로 한 국제협력의 정신을 통해서야만 그 지역에 대한 과학적 이해가 잘 될 수 있다는 점을 인식하며
이러한 과학적 협력을 촉진/증진하는 동시에 중복의 노력을 피하기 위해 정부간 기구를 설 립하는 것을 희망하고
그 기구의 활동은 해양과학연구에 해당하는 국제해양법의 규칙과 원칙에 기초를 두어야 한 다는 점을 인정하며,
다음에 대해 합의한다:
제1조 (기구설립)
협약국은 북태평양해양과학기구(이하 “기구”)란 이름의 정부간기구를 설립한다.
제2조 (관련지역)
기구의 활동이 영향을 미치는 지역은 북태평양과 그 인근 특히 아래 지역에 “관련 지역” 으로 언급된 북위 30도 이북의 온대 및 아북극 해역이다. 학술적으로 필요시 기구의 활동 은 북태평양 내에서 남쪽으로 더 멀리 확장될 수 있다.
제3조 (존치목적) 기구의 목적은
(a) 생물자원과 관련지역에 대한 과학적지식을 증진시키기 위하여 해양과학연구를 촉진하 고 조정함이다. 다만, 반드시 해양환경과 토양, 기후와의 상호작용에 관한 연구에 제한 하지 않고, 지구의 기상/기후변화는 물론이고, 식물군, 동물군 그리고 생태계, 이용과 자원, 그리고 인류활동으로 발생된 영향에 대한 대응과 역할까지 그 범위를 확장한다. (b) 관련 지역내 해양과학연구와 연관된 정보와 자료의 수집과 교환을 촉진하기 위함이다.
제4조 (조직구성)
기구는 다음과 같이 구성한다. (a) 집행이사회
(b) 집행이사회가 설립하는 상설 혹은 특별 과학그룹 또는 위원회 (c) 사무국
제5조 (집행이사회)
1. 집행이사회의 과학적 기능:
(a) 관련 지역과 연관된 연구 우선순위 및 문제점, 그리고 적절한 해결방안 발견
(b) 협약국의 국가적 노력을 통하여 수행될 수 있는 협력적 연구 프로그램과 관련 지역
에 적용되는 유관 활동을 권장
(c) 과학적 자료와 정보, 그리고 인력교류를 증진하고 촉진
(d) 관련 지역에 적용되는 과학적 조언을 개발하는 요구사항을 검토
(e) 과학심포지엄 및 기타 과학행사들을 준비
(f) 상호 과학적 관심사항에 관한 문제에 대하여 논의를 조성
2. 집행이사회 행정적 기능:
(a) 필요시 기구의 절차규정 및 재무규정 개정 또는 채택
(b) 협약의 개정을 발의 또는 검토
(c) 연차보고서 채택 (d) 예결산 검토, 승인 (e) 사무국 소재지 선정 (f) 사무총장 임명
(g) 관련 국제기구와의 연락유지
(h) 기구의 활동 운영
3. 여타 기구에 필요하거나, 능률적이고 효과적인 수행의 활동을 위한 안건도 결정함.
제6조 (집행이사회의 구성 및 절차)
1. 각 협약국은 집행이사회의 구성원으로 2인 이하의 대표를 임명하고 대표는 대리인, 전 문가 및 자문을 수반할 수 있음
2. 협약국간 교대의 원칙에 의거하여 집행이사회 의장과 부의장을 선출함. 의장과 부의장 은 동일국에서 나와서는 안 됨. 의장 및 부의장은 임기 중 국가의 대표를 겸임할 수