1980
United Nations — Treaty Series • Nations Unies — Recueil des Traités
353
ANNEX
1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained
by the Secretary-General of the United Nations. To this end, every State which is a Member of
the United Nations or a party to the present Convention shall be invited to nominate two con
ciliators, and the names of the persons so nominated shall constitute the list. The term of a con
ciliator, including that of any conciliator nominated to fill a casual vacancy, shall be five years
and may be renewed. A conciliator whose term expires shall continue to fulfil any function for
which he shall have been chosen under the following paragraph.
2. When a request has been made to the Secretary-General under article 66, the
Secretary-General shall bring the dispute before a conciliation commission constituted as
follows:
The State or States constituting one of the parties to the dispute shall appoint:
(a) One conciliator of the nationality of that State or of one of those States, who may or
may not be chosen from the list referred to in paragraph 1 ; and
(b) One conciliator not of the nationality of that State or of any of those States, who shall be
chosen from the list.
The State or States constituting the other party to the dispute shall appoint two con
ciliators in the same way. The four conciliators chosen by the parties shall be appointed within
sixty days following the date on which the Secretary-General receives the request.
The four conciliators shall, within sixty days following the date of the last of their own ap
pointments, appoint a fifth conciliator chosen from the list, who shall be chairman.
If the appointment of the chairman or of any of the other conciliators has not been made
within the period prescribed above for such appointment, it shall be made by the SecretaryGeneral within sixty days following the expiry of that period. The appointment of the chairman
may be made by the Secretary-General either from the list or from the membership of the Inter
national Law Commission. Any of the periods within which appointments must be made may
be extended by agreement between the parties to the dispute.
Any vacancy shall be filled in the manner prescribed for the initial appointment.
3. The Conciliation Commission shall decide its own procedure. The Commission, with
the consent of the parties to the dispute, may invite any party to the treaty to submit to it its
views orally or in writing. Decisions and recommendations of the Commission shall be made by
a majority vote of the five members.
4. The Commission may draw the attention of the parties to the dispute to any measures
which might facilitate an amicable settlement.
5. The Commission shall hear the parties, examine the claims and objections, and make
proposals to the parties with a view to reaching an amicable settlement of the dispute.
6. The Commission shall report within twelve months of its constitution. Its report shall
be deposited with the Secretary-General and transmitted to the parties to the dispute. The
report of the Commission, including any conclusions stated therein regarding the facts or ques
tions of law, shall not be binding upon the parties and it shall have no other character than that
of recommendations submitted for the consideration of the parties in order to facilitate an
amicable settlement of the dispute.
7. The Secretary-General shall provide the Commission with such assistance and facil
ities as it may require. The expenses of the Commission shall be borne by the United Nations.
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