The contemporary practice of States leads to the conclusion that the
preferential rights of the coastal State in a special situation are to be
implemented by agreement between the States concerned, either bilateral
or multilateral, and, in case of disagreement, through the means for the
peaceful settlement of disputes provided for in Article 33 of the Charter
of the United Nations. It was in fact an express condition of the amendment
referred to above that any other State concerned would have the
right to request that a claim made by a coastal State should be tested and
determined by a special commission on the basis of scientific criteria and
of evidence presented by the coastal State and other States concerned.
The commission was to be empowered to determine, for the period of
time and under the limitations that it found necessary, the preferential
rights of the coastal State, "while having regard to the interests of any
other State or States in the exploitation of such stock or stocks of fish".