common agreement the third arbitrator who shall be the chairman of the tribunal. The latter shall not be a national of one of the Parties to the dispute, nor have his usual place of residence in the territory of one of these Parties, nor be employed by any of them, nor have dealt with the case in any other capacity. Article 4 1. If the chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Secretary-General of the United Nations shall, at the request of the most diligent Party, designate him within a further two months'period. 2. If one of the Parties to the dispute does not appoint an arbitrator within two months of receipt of the request, the other Party may inform the Secretary-General of the United Nations who shall designate the chairman of the arbitral tribunal within a further two months'period. Upon designation, the chairman of the arbitral tribunal shall request the Party which has not appointed an arbitrator to do so within two months. After such period, he shall in form the Secretary-General of the United Nations, who shall make this appointment within a further two months'period. Article 5 1. The arbitral tribunal shall decide according to the rules of international law and, in particular, those of this Convention and the Protocols concerned. 2. Any arbitral tribunal constituted under the provisions of this Annex shall draw up its own rules of procedure. Article 6 1. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members. 2. The tribunal may take all appropriate measures in order to establish the facts. It may, at the request of one of the Parties, recommend essential interim measures of protection. 3. If two or more arbitral tribunals constituted under the provisions of this Annex are seized of requests with identical or similar subjects, they may inform themselves of the procedures for establishing the facts and take them into account as far as possible. 4. The Parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings. 5. The absence or default of a Party to the dispute shall not constitute an impediment to the proceedings. Article 7 1. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon the Parties to the dispute. 2. Any dispute which may arise between the Parties concerning the interpretation or execution of the award may be submitted by the most diligent Party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another arbitral tribunal constituted for this purpose in the same manner as the first. Article 8 The European Economic Community and any regional economic grouping referred to in Article 24 of the Convention, like any Contracting Party to the Convention, are empowered to appear as complainants or as respondents before the arbitral tribunal.PROTOCOL for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraftTHE CONTRACTING PARTIES TO THE PRESENT PROTOCOL,BEING PARTIES to the Convention for the protection of the Mediterranean Sea against pollution,RECOGNIZING the danger posed to the marine environment by pollution caused by the dumping or wastes or other matter from ships and aircraft,CONSIDERING that the coastal States of the Mediterranean Sea have a common interest in protecting the marine environment from this danger,BEARING IN MIND the Convention on the prevention of marine pollution by dumping of wastes and other matter, adopted in London in 1972,HAVE AGREED AS FOLLOWS:Article 1The Contracting Parties to this Protocol (hereinafter referred to as 'the Parties') shall take all appropriate measures to prevent and abate pollution of the Mediterranean Sea area caused by dumping from ships and aircraft.Article 2The area to which this Protocol applies shall be the Mediterranean Sea area as defined in Article 1 of the Convention for the protection of the Mediterranean Sea against pollution (hereinafter referred to as 'the Convention').Article 3For the purposes of this Protocol:1. 'ships and aircarft' means waterborne or airborne craft of any type whatsoever. This expression includes air-cushioned craft and floating craft, whether self-propelled or not, and platforms and other man-made structures at sea and their equipment.2. 'Wastes or other matter' means material and substances of any kind, form or description.3. 'Dumping' means:(a) any deliberate disposal at sea of wastes or other matter from ships or aircraft;(b) any deliberate disposal at sea of ships or aircraft.4. 'Dumping' does not include:(a) the disposal at sea of wastes or other matter incidental to, or derived from, the normal operations of vessels, or aircraft and their equipment, other than wastes or other matter transported by or to vessels or aircraft, operating for the purpose of disposal of such matter, or derived from the treatment of such wastes or other matter on such vessels or