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could cause major harm to or irreversible disturbance of the ecological
balance. Such laws and regulations shall have due regard to navigation and
the protection and preservation of the marine environment based on the best
available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with their
legal systems for prompt and adequate compensation or other relief in respect
of damage caused by pollution of the marine environment by natural or
juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation
in respect of all damage caused by pollution of the marine environment,
States shall cooperate in the implementation of existing international law and
the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the
settlement of related disputes, as well as, where appropriate, development of
criteria and procedures for payment of adequate compensation, such as
compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and
preservation of the marine environment do not apply to any warship, naval
auxiliary, other vessels or aircraft owned or operated by a State and used, for
the time being, only on government non-commercial service. However, each
State shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such vessels or aircraft owned or
operated by it, that such vessels or aircraft act in a manner consistent, so far
as is reasonable and practicable, with this Convention.
SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS
ON THE PROTECTION AND PRESERVATION
OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the
protection and preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of the
marine environment and to agreements which may be concluded in
furtherance of the general principles set forth in this Convention.
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