137
(c) 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 this Convention.
2. A State Party which has made a declaration under paragraph 1 may
at any time withdraw it, or agree to submit a dispute excluded by such
declaration to any procedure specified in this Convention.
3. A State Party which has made a declaration under paragraph 1 shall
not be entitled to submit any dispute falling within the excepted category of
disputes to any procedure in this Convention as against another State Party,
without the consent of that party.
4. If one of the States Parties has made a declaration under
paragraph 1(a), any other State Party may submit any dispute falling within
an excepted category against the declarant party to the procedure specified in
such declaration.
5. A new declaration, or the withdrawal of a declaration, does not in
any way affect proceedings pending before a court or tribunal in accordance
with this article, unless the parties otherwise agree.
6. Declarations and notices of withdrawal of declarations under this
article shall be deposited with the Secretary-General of the United Nations,
who shall transmit copies thereof to the States Parties.
Article 299
Right of the parties to agree upon a procedure
1. A dispute excluded under article 297 or excepted by a declaration
made under article 298 from the dispute settlement procedures provided for
in section 2 may be submitted to such procedures only by agreement of the
parties to the dispute.
2. Nothing in this section impairs the right of the parties to the dispute
to agree to some other procedure for the settlement of such dispute or to reach
an amicable settlement.
PART XVI
GENERAL PROVISIONS
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.
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