<Статус Соглашения об осуществлении положений Конвенции Организации Объединенных Наций по морскому праву от 10 декабря 1982 года, которые касаются сохранения трансграничных рыбных запасов и запасов далеко мигрирующих рыб и управления ими (Нью-Йорк, 4 декабря 1995 года)» [рус., англ.] (по состоянию на 16.09.2010)

er international law.
4. The Government of the Republic of Hungary agrees that none of the provisions of this Agreement may be interpreted in a way that is contrary to the principle of the freedom of the high seas as recognized by international law.
5. The Government of the Republic of Hungary agrees that the expression of 'the States whose nationals fish on the high seas' represents new jurisdictional grounds on the basis of the principle of the jurisdiction of the flag State rather than on the basis of the nationality of the persons fishing on the high seas.
6. The Agreement does not grant any State the right to maintain or apply unilateral measures during the transitional period mentioned in Article 21 (3). After this period, in case of failure to conclude an agreement, the States may proceed only in accordance with the provisions set out in Articles 21 and 22 of the Agreement.
7. In respect of the application of Article 21, the Government of the Republic of Hungary agrees that if a flag State declares that in accordance with the provisions of Article 19 it intends to exercise its jurisdiction over a fishing vessel flying its flag, then, in accordance with the provisions of Article 21, the authorities of the State inspecting the mentioned vessel may not exercise any further jurisdiction.
Any dispute in connection with this issue shall be settled in compliance with the procedures provided for in Part VIII of the Agreement. None of the States may initiate a dispute of this nature with the aim to maintain its control over a vessel not flying its flag.
The Government of the Republic of Hungary holds that the word 'unlawful' in Article 21 (18) shall be interpreted in light of the entire Agreement and especially Articles 4 and 35 thereof.
8. The Government of the Republic of Hungary reiterates that in its relationships it shall refrain from using threat and force in accordance with the general principles of international law, the Charter of the United Nations and the United Nations Convention on the Law of the Sea.
Furthermore, the Government of the Republic of Hungary emphasizes that under Article 22 the use of force shall mean extraordinary measures which must be based on the strictest observation of the principle of proportionality, and that its abuse shall result in the international liability of the controlling State.
In each case abuse shall be clarified by peaceful means and in accordance with the procedures relating to the settlement of disputes.
Furthermore, the Government of Hungary holds that the conditions relating to the boarding and inspection of vessels should be further elaborated in accordance with the relevant principles of international law and in the framework of the appropriate regional and sub-regional fisheries management organisations and arrangements.
9. The Government of the Republic of Hungary agrees that in the application of Article 21 (6), (7) and (8) a flag State may rely on the regulations of its legal system under which the criminal prosecuting authorities enjoy a discretion to decide whether or not to prosecute in the light of all facts of the case. The decisions of a flag State based on such regulations may not be interpreted as a failure to respond or take action."

India
Declaration:
"The Government of the Republic of India reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298 concerning the settlement of disputes."

Ireland
Declarations:
"Pursuant to article 47 (1) of the Agreement (applying mutatis mutandis article 5 (2) and 5 (6) of Annex IX of the United Nations Convention on the Law of the Sea 1982), the Government of Ireland hereby declares that as a Member State of the European Community, Ireland has transferred competence to the



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