Article 298
Optional exceptions to applicability of section 2
1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State may, without prejudice to the obligations arising under
section 1,
declare in writing that it does not accept any one or more of the
procedures provided for in section 2 with respect to one or more of the
following categories of disputes:
(a) (i) disputes concerning the interpretation or application of
articles 15, 74 and 83 relating to sea boundary
delimitations, or those involving historic bays or titles,
provided that a State having made such a declaration
shall, when such a dispute arises subsequent to the entry
into force of this Convention and where no agreement
within a reasonable period of time is reached in
negotiations between the parties, at the request of any
party to the dispute, accept submission of the matter to
conciliation under Annex V, section 2; and provided
further that any dispute that necessarily involves the
concurrent consideration of any unsettled dispute
concerning sovereignty or other rights over continental or
insular land territory shall be excluded from such
submission;
(ii) after the conciliation commission has presented its report,
which shall state the reasons on which it is based, the
parties shall negotiate an agreement on the basis of that
report; if these negotiations do not result in an agreement,
the parties shall, by mutual consent, submit the question
to one of the procedures provided for in section 2, unless
the parties otherwise agree;
(iii) this subparagraph does not apply to any sea boundary
dispute finally settled by an arrangement between the
parties, or to any such dispute which is to be settled in
accordance with a bilateral or multilateral agreement
binding upon those parties;
(b) disputes concerning military activities, including military
activities by government vessels and aircraft engaged in
non-commercial service, and disputes concerning law
enforcement activities in regard to the exercise of sovereign
rights or jurisdiction excluded from the jurisdiction of a court
or tribunal under article 297, paragraph 2 or 3;
(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.