UNITED
NATIONS
Resolution A/48/263
AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982
(28
July 1994)
The
General Assembly,
Prompted
by the desire to achieve universal participation in the United Nations
Convention on the Law of the Sea of 10 December 19821 (hereinafter
referred to as the "Convention") and to promote appropriate
representation in the institutions established by it,
Reaffirming
that the seabed and ocean floor and subsoil thereof, beyond the limits of
national jurisdiction (hereinafter referred to as the "Area"), as
well as the resources of the Area, are the common heritage of mankind,2
____________
1 Official Records of the
Third United Nations Conference on the Law of the Sea, vol. XVII (United
Nations publication, Sales No. E.84.V.3), document A/CONF.62/122.
2 General Assembly resolution
2749 (XXV) of 17 December 1970; article 136 of the United Nations Convention on
the Law of the Sea.
Recalling
that the Convention in its Part XI and related provisions (hereinafter referred
to as "Part XI") established a regime for the Area and its resources,
Taking
note of the consolidated provisional final report of the Preparatory Commission
for the International Seabed Authority and for the International Tribunal for
the Law of the Sea,3
Recalling
its resolution 48/28 of 9 December 1993 on the law of the sea,
Recognizing
that political and economic changes, including in particular a growing reliance
on market principles, have necessitated the re-evaluation of some aspects of
the regime for the Area and its resources,
Noting
the initiative of the Secretary-General which began in 1990 to promote dialogue
aimed at achieving universal participation in the Convention,
Welcoming
the report of the Secretary-General on the outcome of his informal
consultations,4 including the draft of an agreement relating to the
implementation of Part XI,
____________
3 Documents LOS/PCN/130 and
Add.1.
4 A/48/950.
Considering
that the objective of universal participation in the Convention may best be
achieved by the adoption of an agreement relating to the implementation of Part
XI,
Recognizing
the need to provide for the provisional application of such an agreement from
the date of entry into force of the Convention on 16 November 1994,
1.
Expresses its appreciation to the Secretary-General for his report on the
informal consultations;
2.
Reaffirms the unified character of the United Nations Convention on the Law of
the Sea of 10 December 1982;
3.
Adopts the Agreement relating to the implementation of Part XI of the United
Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter
referred to as the "Agreement"), the text of which is annexed to the
present resolution;
4.
Affirms that the Agreement shall be interpreted and applied together with Part
XI as a single instrument;
5.
Considers that future ratifications or formal confirmations of or accessions to
the Convention shall represent also consent to be bound by the Agreement and
that no State or entity may establish its consent to be bound by the Agreement
unless it has previously established or establishes at the same time its
consent to be bound by the Convention;
6.
Calls upon States which consent to the adoption of the Agreement to refrain
from any act which would defeat its object and purpose;
7.
Expresses its satisfaction at the entry into force of the Convention on 16
November 1994;
8.
Decides to fund the administrative expenses of the International Seabed
Authority in accordance with section 1, paragraph 14, of the Annex to the
Agreement;
9.
Requests the Secretary-General to transmit immediately certified copies of the
Agreement to the States and entities referred to in article 3 thereof, with a
view to facilitating universal participation in the Convention and the
Agreement, and to draw attention to articles 4 and 5 of the Agreement;
10.
Also requests the Secretary-General immediately to open the Agreement for
signature in accordance with article 3 thereof;
11.
Urges all States and entities referred to in article 3 of the Agreement to
consent to its provisional application as from 16 November 1994 and to
establish their consent to be bound by the Agreement at the earliest possible
date;
12.
Also urges all such States and entities that have not already done so to take
all appropriate steps to ratify, formally confirm or accede to the Convention
at the earliest possible date in order to ensure universal participation in the
Convention;
13.
Calls upon the Preparatory Commission for the International Seabed Authority
and for the International Tribunal for the Law of the Sea to take into account
the terms of the Agreement when drawing up its final report.
Annex.
AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982
The
States Parties to this Agreement,
Recognizing
the important contribution of the United Nations Convention on the Law of the
Sea of 10 December 19821 (hereinafter referred to as "the
Convention") to the maintenance of peace, justice and progress for all
peoples of the world,
Reaffirming
that the seabed and ocean floor and subsoil thereof, beyond the limits of
national jurisdiction (hereinafter referred to as "the Area"), as
well as the resources of the Area, are the common heritage of mankind,
Mindful
of the importance of the Convention for the protection and preservation of the
marine environment and of the growing concern for the global environment,
Having
considered the report of the Secretary-General of the United Nations on the
results of the informal consultations among States held from 1990 to 1994 on
outstanding issues relating to Part XI and related provisions of the Convention4
(hereinafter referred to as "Part XI"),
Noting
the political and economic changes, including market-oriented approaches,
affecting the implementation of Part XI,
Wishing
to facilitate universal participation in the Convention,
Considering
that an agreement relating to the implementation of Part XI would best meet
that objective,
Have
agreed as follows:
Article 1.
Implementation of Part XI
1.
The States Parties to this Agreement undertake to implement Part XI in
accordance with this Agreement.
2.
The Annex forms an integral part of this Agreement.
Article 2.
Relationship between this Agreement and Part XI
1.
The provisions of this Agreement and Part XI shall be interpreted and applied
together as a single instrument. In the event of any inconsistency between this
Agreement and Part XI, the provisions of this Agreement shall prevail.
2.
Articles 309 to 319 of the Convention shall apply to this Agreement as they
apply to the Convention.
This
Agreement shall remain open for signature at United Nations Headquarters by the
States and entities referred to in article 305, paragraph 1 (a), (c), (d), (e)
and (f), of the Convention for 12 months from the date of its adoption.
Article 4.
Consent to be bound
1.
After the adoption of this Agreement, any instrument of ratification or formal
confirmation of or accession to the Convention shall also represent consent to
be bound by this Agreement.
2.
No State or entity may establish its consent to be bound by this
Agreement
unless it has previously established or establishes at the same time its
consent to be bound by the Convention.
3.
A State or entity referred to in article 3 may express its consent to be bound
by this Agreement by:
(a) Signature not subject to
ratification, formal confirmation or the procedure set out in article 5;
(b) Signature subject to
ratification or formal confirmation, followed by ratification or formal
confirmation;
(c) Signature subject to the
procedure set out in article 5; or
(d) Accession.
4.
Formal confirmation by the entities referred to in article 305, paragraph 1
(f), of the Convention shall be in accordance with Annex IX of the Convention.
5.
The instruments of ratification, formal confirmation or accession shall be
deposited with the Secretary-General of the United Nations.
Article 5.
Simplified procedure
1.
A State or entity which has deposited before the date of the adoption of this
Agreement an instrument of ratification or formal confirmation of or accession
to the Convention and which has signed this Agreement in accordance with article
4, paragraph 3 (c), shall be considered to have established its consent to be
bound by this Agreement 12 months after the date of its adoption, unless that
State or entity notifies the depositary in writing before that date that it is
not availing itself of the simplified procedure set out in this article.
2.
In the event of such notification, consent to be bound by this Agreement shall
be established in accordance with article 4, paragraph 3 (b).
1.
This Agreement shall enter into force 30 days after the date on which 40 States
have established their consent to be bound in accordance with articles 4 and 5,
provided that such States include at least seven of the States referred to in
paragraph l (a) of resolution II of the Third United Nations Conference on the
Law of the Sea5 (hereinafter referred to as "resolution
II") and that at least five of those States are developed States. If these
conditions for entry into force are fulfilled before 16 November 1994, this
Agreement shall enter into force on 16 November 1994.
__________
5 Official Records of the
Third United Nations Conference on the Law of the Sea, vol. XVII (United
Nations publication, Sales No. E.84.V.3), document A/CONF.62/121, annex I.
2.
For each State or entity establishing its consent to be bound by this Agreement
after the requirements set out in paragraph 1 have been fulfilled, this
Agreement shall enter into force on the thirtieth day following the date of
establishment of its consent to be bound.
Article 7.
Provisional application
1.
If on 16 November 1994 this Agreement has not entered into force, it shall be
applied provisionally pending its entry into force by:
(a) States which have
consented to its adoption in the General Assembly of the United Nations, except
any such State which before 16 November 1994 notifies the depositary in writing
either that it will not so apply this Agreement or that it will consent to such
application only upon subsequent signature or notification in writing;
(b) States and entities
which sign this Agreement, except any such State or entity which notifies the
depositary in writing at the time of signature that it will not so apply this
Agreement;
(c) States and entities
which consent to its provisional application by so notifying the depositary in
writing;
(d) States which accede to
this Agreement.
2.
All such States and entities shall apply this Agreement provisionally in
accordance with their national or internal laws and regulations, with effect
from 16 November 1994 or the date of signature, notification of consent or
accession, if later.
3.
Provisional application shall terminate upon the date of entry into force of
this Agreement. In any event, provisional application shall terminate on 16
November 1998 if at that date the requirement in article 6, paragraph 1, of
consent to be bound by this Agreement by at least seven of the States (of which
at least five must be developed States) referred to in paragraph 1 (a) of
resolution II has not been fulfilled.
1.
For the purposes of this Agreement, "States Parties" means States
which have consented to be bound by this Agreement and for which this Agreement
is in force.
2.
This Agreement applies mutatis mutandis to the entities referred to in article
305, paragraph 1 (c), (d), (e) and (f), of the Convention which become Parties
to this Agreement in accordance with the conditions relevant to each, and to
that extent "States Parties" refers to those entities.
The
Secretary-General of the United Nations shall be the depositary of this
Agreement.
The
original of this Agreement, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN
WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized
thereto, have signed this Agreement.
DONE
AT NEW YORK, this ... day of July, one thousand nine hundred and ninety-four.
SECTION 1.
COSTS TO STATES PARTIES AND INSTITUTIONAL ARRANGEMENTS
1.
The International Seabed Authority (hereinafter referred to as "the
Authority") is the organization through which States Parties to the
Convention shall, in accordance with the regime for the Area established in
Part XI and this Agreement, organize and control activities in the Area,
particularly with a view to administering the resources of the Area. The powers
and functions of the Authority shall be those expressly conferred upon it by
the Convention. The Authority shall have such incidental powers, consistent
with the Convention, as are implicit in, and necessary for, the exercise of
those powers and functions with respect to activities in the Area.
2.
In order to minimize costs to States Parties, all organs and subsidiary bodies
to be established under the Convention and this Agreement shall be
cost-effective. This principle shall also apply to the frequency, duration and
scheduling of meetings.
3.
The setting up and the functioning of the organs and subsidiary bodies of the
Authority shall be based on an evolutionary approach, taking into account the
functional needs of the organs and subsidiary bodies concerned in order that
they may discharge effectively their respective responsibilities at various
stages of the development of activities in the Area.
4.
The early functions of the Authority upon entry into force of the Convention
shall be carried out by the Assembly, the Council, the Secretariat, the Legal
and Technical Commission and the Finance Committee. The functions of the
Economic Planning Commission shall be performed by the Legal and Technical
Commission until such time as the Council decides otherwise or until the
approval of the first plan of work for exploitation.
5.
Between the entry into force of the Convention and the approval of the first
plan of work for exploitation, the Authority shall concentrate on:
(a) Processing of
applications for approval of plans of work for exploration in accordance with
Part XI and this Agreement;
(b) Implementation of
decisions of the Preparatory Commission for the International Seabed Authority
and for the International Tribunal for the Law of the Sea (hereinafter referred
to as "the Preparatory Commission") relating to the registered pioneer
investors and their certifying States, including their rights and obligations,
in accordance with article 308, paragraph 5, of the Convention and resolution
II, paragraph 13;
(c) Monitoring of compliance
with plans of work for exploration approved in the form of contracts;
(d) Monitoring and review of
trends and developments relating to deep seabed mining activities, including
regular analysis of world metal market conditions and metal prices, trends and
prospects;
(e) Study of the potential
impact of mineral production from the Area on the economies of developing
land-based producers of those minerals which are likely to be most seriously
affected, with a view to minimizing their difficulties and assisting them in
their economic adjustment, taking into account the work done in this regard by
the Preparatory Commission;
(f) Adoption of rules,
regulations and procedures necessary for the conduct of activities in the Area
as they progress. Notwithstanding the provisions of Annex III, article 17,
paragraph 2 (b) and (c), of the Convention, such rules, regulations and
procedures shall take into account the terms of this Agreement, the prolonged
delay in commercial deep seabed mining and the likely pace of activities in the
Area;
(g) Adoption of rules,
regulations and procedures incorporating applicable standards for the
protection and preservation of the marine environment;
(h) Promotion and
encouragement of the conduct of marine scientific research with respect to
activities in the Area and the collection and dissemination of the results of
such research and analysis, when available, with particular emphasis on
research related to the environmental impact of activities in the Area;
(i) Acquisition of
scientific knowledge and monitoring of the development of marine technology
relevant to activities in the Area, in particular technology relating to the
protection and preservation of the marine environment;
(j) Assessment of available
data relating to prospecting and exploration;
(k) Timely elaboration of
rules, regulations and procedures for exploitation, including those relating to
the protection and preservation of the marine environment.
6.
(a) An application for
approval of a plan of work for exploration shall be considered by the Council
following the receipt of a recommendation on the application from the Legal and
Technical Commission. The processing of an application for approval of a plan
of work for exploration shall be in accordance with the provisions of the
Convention, including Annex III thereof, and this Agreement, and subject to the
following:
(i) A plan of work for
exploration submitted on behalf of a State or entity, or any component of such
entity, referred to in resolution II, paragraph 1 (a) (ii) or (iii), other than
a registered pioneer investor, which had already undertaken substantial
activities in the Area prior to the entry into force of the Convention, or its
successor in interest, shall be considered to have met the financial and
technical qualifications necessary for approval of a plan of work if the
sponsoring State or States certify that the applicant has expended an amount
equivalent to at least US$ 30 million in research and exploration activities
and has expended no less than 10 per cent of that amount in the location,
survey and evaluation of the area referred to in the plan of work. If the plan
of work otherwise satisfies the requirements of the Convention and any rules,
regulations and procedures adopted pursuant thereto, it shall be approved by
the Council in the form of a contract. The provisions of section 3, paragraph
11, of this Annex shall be interpreted and applied accordingly;
(ii) Notwithstanding the
provisions of resolution II, paragraph 8 (a), a registered pioneer investor may
request approval of a plan of work for exploration within 36 months of the
entry into force of the Convention. The plan of work for exploration shall
consist of documents, reports and other data submitted to the Preparatory
Commission both before and after registration and shall be accompanied by a
certificate of compliance, consisting of a factual report describing the status
of fulfilment of obligations under the pioneer investor regime, issued by the
Preparatory Commission in accordance with resolution II, paragraph 11 (a).
Such a plan of work shall be
considered to be approved. Such an approved plan of work shall be in the form
of a contract concluded between the Authority and the registered pioneer
investor in accordance with Part XI and this Agreement. The fee of US$ 250,000
paid pursuant to resolution II, paragraph 7 (a), shall be deemed to be the fee
relating to the exploration phase pursuant to section 8, paragraph 3, of this
Annex. Section 3, paragraph 11, of this Annex shall be interpreted and applied
accordingly;