UNITED
NATIONS
Resolution
A/49/28
LAW OF THE SEA
(6
December 1994)
The
General Assembly,
Conscious
of the fundamental importance of the United Nations Convention on the Law of
the Sea1 for the maintenance and strengthening of international
peace and security,
____________
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.
Recognizing
the universal character of the Convention and the establishment through it of a
legal order for the seas and oceans which will facilitate international
communication and promote the peaceful uses of the seas and oceans, the
equitable and efficient utilization of their resources, the conservation of
their living resources and the study, protection and preservation of the marine
environment,
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, and considering also
that the Convention provides the regime to be applied to the Area and its
resources,
Welcoming
the adoption on 28 July 1994 of the Agreement relating to the implementation of
Part XI of the United Nations Convention on the Law of the Sea of 10 December
19822 (hereinafter referred to as "the Agreement"), aimed
at facilitating universal participation in the Convention,
Recognizing
that the entry into force of the Convention on 16 November 1994 marks an
historic event in international relations and in the development of
international law,
Welcoming
also the holding of the first meeting of the International Seabed Authority at
its headquarters in Jamaica,
Noting
with satisfaction the convening, on 21 and 22 November 1994 in New York, of a
meeting of States parties to the Convention concerning the establishment of the
International Tribunal for the Law of the Sea,
Noting
that the Agreement provides that the institutions established by the Convention
should be cost-effective,
Noting
also that the Agreement provides that the International Seabed Authority shall
have its own budget and that the administrative expenses of the Authority shall
initially be met from the regular budget of the United Nations, 3
Acknowledging
that the International Seabed Authority is an autonomous organization under the
Convention,
Emphasizing
the principle stated in the Convention that the problems of ocean space are
closely interrelated and need to be considered as a whole,
Convinced,
therefore, of the importance of the annual consideration and review of the
overall developments relating to the law of the sea by the General Assembly, as
the global institution having the competence to undertake such a review,
Conscious
of the strategic importance of the Convention as a framework for national,
regional and global action in the marine sector, as recognized also by the
United Nations Conference on Environment and Development in chapter 17 of
Agenda 21,4
____________
2 Resolution 48/263, annex.
3 See resolution 48/263,
paragraph 8, and also Section 1, paragraph 14, of the Annex to the Agreement
relating to the implementation of Part XI of the United Nations Convention on
the Law of the Sea of 10 December 1982.
4 Report of the United Nations
Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992
(A/CONF.151/26/Rev.1 (Vol. I and Vol. I/Corr.1, Vol. II, Vol. III and Vol.
III/Corr.1)) (United Nations publication, Sales No. E.93.I.8 and corrigenda),
vol. I: Resolutions adopted by the Conference, resolution 1, annex II.
Aware
of the importance of the effective implementation of the Convention and its
uniform and consistent application, as well as the need to promote harmonious
interaction in the uses of the ocean and to create favourable conditions for
peace and order in the oceans,
Recalling
that in its resolution 37/66 of 3 December 1982 it approved the assumption by
the Secretary-General of the responsibilities entrusted to him under the
Convention and related resolutions of the Third United Nations Conference on
the Law of the Sea, as well as the functions resulting therefrom which were
subsequently elaborated in the report of the Secretary-General and approved by
the General Assembly,5
____________
5 A/38/570, paras. 41 and 42.
Noting
the additional responsibilities of the Secretary-General arising from the entry
into force of the Convention,
Recognizing
the impact on States of the entry into force of the Convention in the light of
the rights and obligations arising therefrom and the increasing needs of
States, especially developing States, for advice and assistance in the
implementation of the Convention and to develop and strengthen their
capabilities in order to enable them to benefit fully from the legal regime for
the seas and oceans established by the Convention,
Conscious
of the need to promote and facilitate international cooperation, especially at
subregional and regional levels, in order to ensure the orderly and sustainable
development of the uses and resources of the seas and oceans,
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 profound satisfaction at the entry into force of the Convention;
3.
Calls upon all States that have not done so to become parties to the Convention
and the Agreement relating to the implementation of Part XI of the United
Nations Convention on the Law of the Sea of 10 December 1982 in order to
achieve the goal of universal participation;
4.
Expresses its satisfaction at the establishment of the International Seabed
Authority;
5.
Welcomes the first meeting of States parties to the Convention concerning the
establishment of the International Tribunal for the Law of the Sea;
6.
Expresses its satisfaction also at the progress being made in the establishment
of the International Tribunal for the Law of the Sea and the Commission on the
Limits of the Continental Shelf;
7. Reaffirms the unified
character of the Convention;
8.
Calls upon States to harmonize their national legislation with the provisions
of the Convention and to ensure consistent application of those provisions;
9.
Requests the Secretary-General to implement its decision contained in paragraph
8 of resolution 48/263 of 28 July 1994, taking into account the decisions and
recommendations 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");
10.
Also requests the Secretary-General to provide, from within existing resources,
such services as may be required for the meetings of States parties to the
Convention and for the Commission on the Limits of the Continental Shelf;
11.
Further requests the Secretary-General, from within existing resources, to
convene a meeting of States parties relating to the organization of the
International Tribunal for the Law of the Sea in New York from 15 to 19 May
1995 and, pursuant to the recommendations of the Preparatory Commission and the
decision of the meeting of States parties of 22 November 1994, to designate
before 16 May 1995 a United Nations staff member with secretariat support to be
charged with making preparations of a practical nature for the organization of
the Tribunal, including the establishment of a library;
12.
Decides to undertake an annual review and evaluation of the implementation of
the Convention and other developments relating to ocean affairs and the law of
the sea;
13.
Expresses its appreciation to the Secretary-General for his report of 16
November 1994,6 prepared pursuant to paragraph 24 of Assembly
resolution 48/28 of 9 December 1993, and requests him to carry out the
activities outlined therein, as well as those aimed at the strengthening of the
legal regime of the seas and oceans;
14.
Notes with appreciation the functions and role of the Division for Ocean
Affairs and the Law of the Sea of the Office of Legal Affairs of the
Secretariat, which has contributed to the wider acceptance and rational and
consistent application of the provisions of the Convention,
15.
Requests the Secretary-General to continue to carry out the responsibilities
entrusted to him upon the adoption of the Convention7 and to fulfil
the functions consequent upon the entry into force of the Convention, in
particular by:
____________
6 A/49/631 and Corr. 1.
7 See resolution 37/66.
(a) Preparing annually a
comprehensive report, for the consideration of the Assembly, on developments
relating to the law of the sea, taking into account relevant scientific and
technological developments, which could also serve as a basis for reports to
all States parties to the Convention, the International Seabed Authority and
competent international organizations, and which the Secretary-General is
required to provide under the Convention;8
(b) Formulating
recommendations for the consideration of, and for action by, the Assembly or
other appropriate intergovernmental forums, and undertaking special studies,
including through the convening of meetings of groups of experts, aimed at a
better understanding of the provisions of the Convention and facilitating their
effective implementation;
(c) Preparing periodically
special reports on specific topics of current interest, including those
requested by intergovernmental conferences and bodies, and providing
secretariat services to such conferences in accordance with decisions of the
Assembly;
(d) Strengthening the
existing system for the collection, compilation and dissemination of
information on the law of the sea and related matters and developing, in
cooperation with the relevant international organizations, a centralized system
with integrated databases for providing coordinated information and advice,
inter alia, on legislation and marine policy, taking into account chapter 17,
paragraph 17.117(e), of Agenda 21,9 as well as establishing a system
for notifying Member States and relevant international organizations and bodies
of information of general interest submitted by States and intergovernmental
bodies;
(e) Ensuring that the
institutional capacity of the Organization can respond to requests of States,
in particular developing States, and competent international organizations for
advice and assistance and identify additional sources of support for national,
subregional and regional efforts to implement the Convention, taking into
account the special needs of developing countries;10
(f) Establishing appropriate
facilities, as required by the Convention, for the deposit by States of maps,
charts and geographic coordinates concerning national maritime zones and
establishing a system for their recording and publicity as part of an
integrated programme on the law of the sea and ocean affairs, distinct from the
usual depositary functions of the Secretary-General;11
(g) Preparing for and
convening the meetings of States parties to the Convention and providing the
necessary services for such meetings, in accordance with the Convention;12
(h) Preparing for the
meetings of the Commission on the Limits