UNITED
NATIONS
Resolution
A/48/28
LAW OF THE SEA
(9
December 1993)
The
General Assembly,
Recalling
its previous resolutions, including resolution 47/65 of 11 December 1992, on
the law of the sea,
Recognizing
that, as stated in the third preambular paragraph of the United Nations
Convention on the Law of the Sea1, the problems of ocean space are
closely interrelated and need to be considered as a whole,
____________
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.
Convinced
that it is important to safeguard the unified character of the Convention and
related resolutions adopted therewith and to apply them in a manner consistent
with that character and with their object and purpose,
Emphasizing
the need for States to ensure consistent application of the Convention, as well
as the need for harmonization of national legislation with the provisions of
the Convention,
Considering
that, in its resolution 2749(XXV) of 17 December 1970, it proclaimed that the
seabed and ocean floor, and the 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,
Recalling
that the Convention provides the regime to be applied to the Area and its
resources,
Recalling
with satisfaction the expressions of willingness to explore all possibilities
of addressing issues of concern to some States in order to secure universal
participation in the Convention,2
Noting
that the sixtieth instrument of ratification of, or accession to, the
Convention was deposited on 16 November 1993 and that, as a consequence, the
Convention shall enter into force twelve months after the date of deposit of
that instrument,
Recognizing
the need for cooperation in the early and effective implementation by the
Preparatory Commission of resolution II of the Third United Nations Conference
on the Law of the Sea,3
____________
2 See A/44/650 and Corr.1,
paras. 156 and 158.
3 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.
Noting
with satisfaction the progress made in the Preparatory Commission since its
inception, including the registration of six pioneer investors and the
designation by the Preparatory Commission of reserved areas for the
International Seabed Authority from the application areas submitted by the
pioneer investors pursuant to resolution II, bearing in mind that such
registration entails both rights and obligations for pioneer investors,
Noting
also the increasing needs of countries, especially developing countries, for
information, advice and assistance in the implementation of the Convention and
in their developmental process for the full realization of the benefits of the
comprehensive legal regime established by the Convention,
Concerned
that the developing countries are as yet unable to take effective measures for
the full realization of these benefits owing to the lack of resources and of
the necessary scientific and technological capabilities,
Recognizing
the need to enhance and supplement the efforts of States and competent
international organizations aimed at enabling developing countries to acquire
such capabilities,
Recognizing
also that the Convention encompasses all uses and resources of the sea and that
all related activities within the United Nations system need to be implemented in
a manner consistent with it,
Deeply
concerned at the current state of the marine environment,
Mindful
of the importance of the Convention for the protection of the marine
environment,
Noting
with concern the use of fishing methods and practices, including those aimed at
evading regulations and controls, which can have an adverse impact on the
conservation and management of living marine resources,
Considering
the need for effective and balanced conservation and management of living
marine resources, giving full effect to the relevant provisions in the
Convention,
Taking
note of activities carried out in 1993 under Programme 10 (Law of the sea and
ocean affairs) in the medium-term plan for the period 1992 -1997, as revised,4
taking into account the restructuring of the Secretariat of the Organization,
and of the report of the Secretary-General, prepared pursuant to paragraph 21
of General Assembly resolution 47/65,5
____________
4 See Official Records of the
General Assembly, Forty-seventh Session, Supplement No. 6 (A/47/6/Rev.1), vol.
I.
5 A/48/527 and Add.1. 6/ See
A/48/527, paras. 8-15. 7/ Ibid., para. 10.
1.
Recalls the historic significance of the United Nations Convention on the Law
of the Sea as an important contribution to the maintenance of peace, justice
and progress for all peoples of the world;
2.
Expresses its satisfaction at the increasing and overwhelming support for the
Convention, as evidenced, inter alia, by the one hundred and fifty-nine
signatures and sixty ratifications or accessions, and notes that, as a
consequence, the Convention will enter into force on 16 November 1994;
3.
Invites all States to make renewed efforts to facilitate universal
participation in the Convention;
4.
Notes with appreciation the new developments and the active participation of
States in the consultations under the auspices of the Secretary-General aimed
at promoting dialogue and at addressing issues of concern to some States in
order to achieve universal participation in the Convention;6
5.
Also invites all States to participate in the consultations held under the
auspices of the Secretary-General and to increase efforts to achieve universal
participation in the Convention as early as possible;
6.
Recognizes that political and economic changes, including particularly a
growing reliance on market principles, underscore the need to re-evaluate, in
the light of the issues of concern to some States,7 matters in the
regime to be applied to the Area and its resources, and that a productive
dialogue on such issues involving all interested parties would facilitate the
prospect of universal participation in the Convention, for the benefit of
mankind as a whole;
___________
4 See Official Records of the
General Assembly, Forty-seventh Session, Supplement No. 6 (A/47/6/Rev.1), vol.
I.
5 A/48/527 and Add.1.
6 See A/48/527, paras. 8 - 15.
7 Ibid., para. 10.
7.
Calls upon all States that have not done so to consider ratifying or acceding
to the Convention at the earliest possible date, and also calls upon all States
to take appropriate steps to promote universal participation in the Convention,
including through dialogue aimed at addressing the issues of concern to some
States;
8.
Also calls upon all States to safeguard the unified character of the Convention
and related resolutions adopted therewith and to apply them in a manner
consistent with that character and with their object and purpose;
9.
Calls upon States to observe the provisions of the Convention when enacting
their national legislation;
10.
Notes the progress made by the Preparatory Commission for the International
Seabed Authority and for the International Tribunal for the Law of the Sea in
all areas of its work, including the completion of its draft provisional final
report at its eleventh session;
11.
Recalls the Understanding on the Fulfilment of Obligations by the Registered
Pioneer Investors and their Certifying States adopted by the Preparatory
Commission on 30 August 1990,8 as well as the understandings adopted
on 12 March 19929 and 18 August 1992;10
____________
8 LOS/PCN/L.87, annex.
9 LOS/PCN/L.102, annex.
10 LOS/PCN/L.108, annex.
12.
Expresses its appreciation to the Secretary-General for his efforts in support
of the Convention and for the effective execution of Programme 10 (Law of the
sea and ocean affairs) in the medium-term plan for the period 1992 - 1997, and
requests him, in the execution of Programme 10, to continue to provide an
effective response to the increased needs of States for assistance in the
implementation of the Convention;
13.
Also expresses its appreciation to the Secretary-General for the report
prepared pursuant to paragraph 21 of General Assembly resolution 47/655
and requests him to carry out the activities outlined therein, as well as those
aimed at the strengthening of the legal regime of the sea;
14.
Calls upon the Secretary-General to continue to assist States in the
implementation of the Convention and in the development of a consistent and
uniform approach to the legal regime thereunder, as well as in their national,
subregional and regional efforts towards the full realization of the benefits
therefrom, and invites the organs and organizations of the United Nations
system to cooperate