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IP Treaties Collection

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

Dates Signature: December 10, 1982 Ratification: November 3, 1997 Entry into force: December 3, 1997

Declarations, Reservations

Declaration made upon ratification:
"1. Portugal reaffirms, for the purposes of delimitation of the territorial sea, the continental shelf and the exclusive economic zone, its rights under domestic law in respect of the mainland and of the archipelagos and the islands incorporated therein;
2. Portugal declares that, within a 12-nautical mile zone contiguous to its territorial sea, it will take such control measures as it deems to be necessary, in accordance with the provisions of article 33 of this Convention;
3. Pursuant to the provisions of the [said Convention], Portugal enjoys sovereign rights and jurisdiction over an exclusive economic zone of 200 nautical miles from the baseline from which the breadth of the territorial sea is measured;
4. The maritime boundary lines between Portugal and the States whose coasts are opposite or adjacent to its own coasts are those which historically have been established on the basis of international law;
5. Portugal expresses its understanding that Resolution III of the Third United Nations Conference on the Law of the Sea shall fully apply to the non-self-governing Territory of East Timor, of which it remains the administering Power, under the United Nations Charter and the relevant Resolutions of the General Assembly and of the Security Council. Accordingly the application of the Convention, in particular a delimitation, if any, of the maritime areas of the territory of East Timor, shall take into consideration the rights of its people under the Charter and the said Resolutions, and, furthermore, the responsibilities incumbent upon Portugal as administering Power of the Territory of East Timor;
6. Portugal declares that, without prejudice to the provisions of article 303 of the [said Convention] and to the application of other legal instruments of international law regarding the protection of the underwater archaeological heritage, any objects of a historical or archaeological nature found in the maritime zones under its sovereignty or jurisdiction may be removed only after prior notice to and subject to the consent of the competent Portuguese authorities.

7. Ratification by Portugal of this Convention does not imply the automatic recognition of any maritime or land boundary;
8. Portugal does not consider itself bound by the declarations made by other States and it reserves its position as regards each declaration to be expressed in due time;
9. Bearing in mind the available scientific information and with a view to the protection of the environment and of the sustained growth of economic activities based on the sea, Portugal will, preferably through international co-operation and taking into account the precautionary principle, carry out control activities beyond the areas under national jurisdiction;
10. For the purposes of article 287 of the Convention, Portugal declares that, in the absence of non-judicial means for the settlement of disputes arising out of the application of this Convention, it will choose one of the following means for the settlement of disputes:
a) The International Tribunal for the Law of the Sea, established in pursuance of Annex VI;
b) The International Court of Justice;
c) An arbitrary tribunal, constituted in accordance with Annex VII;
d) A special arbitrary tribunal, constituted in accordance with Annex VIII;
11. In the absence of other peaceful means for the settlement of disputes Portugal will in accordance with Annex VIII to the Convention, choose the recourse to a special arbitrate tribunal in so far as the application of the provisions of this Convention, or the interpretation thereof, to the matters relating to fisheries, protection and preservation of marine living resources and marine environment, scientific research, navigation and marine pollution are concerned;
12. Portugal declares that, without prejudice to the provisions contained in Section 2, Part XV of this Convention, it does not accept the compulsory procedures referred to in Section 1 of the said Part, with respect to one or more of the categories specified in article 298 (a) (b) (c) of this Convention;
13. Portugal Notes that, as a Member State of the European community, it has transferred to the Community competence over a few matters governed by this Convention. A detailed declaration will be submitted in due time, specifying the nature and extent of the matters in respect of which it has transferred competence to the Community, in accordance with the provisions of Annex IX to the Convention."