A/RES/40/63 GA
Law of the sea
40
Session
140
Yes
2
No
5
Abstentions
| Draft symbol | A/40/L.33 |
|---|---|
| Adopted symbol | A/RES/40/63 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
|
| UN Document | A/RES/40/63 ↗ |
Vote Recorded Vote — A/40/PV.110
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Afghanistan
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Angola
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Antigua and Barbuda
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Argentina
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Australia
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Austria
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Bahamas
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Bahrain
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Bangladesh
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Barbados
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Belgium
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Benin
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Bhutan
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Botswana
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Brazil
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Brunei Darussalam
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Bulgaria
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Burkina Faso
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Myanmar
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Burundi
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Belarus
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Cameroon
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Canada
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Cabo Verde
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Central African Republic
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Chad
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Chile
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China
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Colombia
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Comoros
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Congo
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Costa Rica
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Cuba
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Cyprus
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Czechoslovakia
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Cambodia
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Democratic Yemen
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Denmark
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Dominican Republic
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Egypt
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El Salvador
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Ethiopia
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Fiji
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Finland
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France ⚠
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Gabon
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Gambia
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German Democratic Republic
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Ghana
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Greece
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Grenada
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Guinea
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Guinea-Bissau
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Guyana
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Haiti
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Honduras
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Hungary
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Iceland
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India
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Indonesia
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Islamic Republic of Iran
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Iraq
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Ireland
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Italy
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Côte d'Ivoire
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Jamaica
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Japan
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Jordan
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Kenya
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Kuwait
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Lao People's Democratic Republic
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Liberia
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Libya
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Luxembourg
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Madagascar
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Malawi
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Malaysia
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Maldives
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Mali
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Malta
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Mauritania
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Mauritius
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Mexico
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Mongolia
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Morocco
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Mozambique
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Niger
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Norway
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Oman
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Paraguay
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Philippines
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Poland
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Portugal
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Qatar
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Romania
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Saint Lucia
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Saint Vincent and the Grenadines
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Samoa
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Saudi Arabia
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Senegal
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Seychelles
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Sierra Leone
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Singapore
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Solomon Islands
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Somalia
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Spain
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Sri Lanka
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Sudan
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Suriname
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Eswatini
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Sweden
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Thailand
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Togo
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Trinidad and Tobago
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Tunisia
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Uganda
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Ukraine
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Union of Soviet Socialist Republics
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United Arab Emirates
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United Republic of Tanzania
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Uruguay
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Vanuatu
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Viet Nam
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Yemen
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Yugoslavia
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Democratic Republic of the Congo
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Zambia
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Zimbabwe
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Algeria
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Plurinational State of Bolivia
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Djibouti
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Lebanon
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Lesotho
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Nigeria
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Pakistan
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Panama
Full text of resolution
11.
Resolutions adopted without reference to a Main Committee
31
Nations,47 as well as the study on the role of the Intema-
tional Court of Justice48 and other efforts of the Commit-
tee in the continuation of its programme of support to the
work of the United Nations in severa! areas;
4.
Requests the Secretary-General to submit to the
General Assembly at its forty-first session a report on co-
operation between the United Nations and the Asían-
African Legal Consultative Committee;
5. Decides to include in the provisional agenda of its
forty-first session the ítem entitled "Co-operation between
the United Nations and the Asian-African Legal Consulta-
tive Committee".
108th plcnary meeting
9 December 1985
40/62. Question of the Comorian island of Mayotte
The General Assembly,
Recalling its resolutions 1514 (XV) of 14 December
1960, containing the Declaration on the Granting of Inde-
pendence to Colonial Countries and Peoples, and 2621
(XXV) of 12 October 1970, containing the programme of
action for the foil implementation of the Declaration,
Recal/ing also its previous resolutions, in particular res-
olutions 3161 (XXVIII) of 14 December 1973, 3291
(XXIX) of 13 December 1974, 31/4 of 21 October 1976,
32/7 oíl November 1977, 34/69 of6 December 1979, 35/
43 of 28 November 1980, 36/ 105 of 1 O December 1981,
37/65 of 3 December 1982, 38/13 of 21 November 1983
and 39/48 of 11 December 1984, in which it, inter alía,
affirmed the unity and territorial integrity of the Comoros,
Reca/ling, in particular, its resolution 3385 (XXX) of 12
November 1975 on the admission of the Comoros to
membership in the United Nations, in which it reaffirmed
the necessity of respecting the unity and territorial integ-
rity of the Comoro Archipelago, composed of the islands
of Anjouan, Grande-Comore, Mayotte, and Mohéli,
Recal/ing further that, in accordance with the agree-
ments between the Comoros and France, signed on 15
June 1973, conceming the accession of the Comoros to
independence, the results of the referendum of 22 Decem-
ber 1974 were to be considered on a global basis and not
island by island,
Convinced that a just and lasting solution to the question
of Mayotte is to be found in respect for the sovereignty,
unity and territorial integrity of the Comoro Archipelago,
Convinced further that a speedy solution of the problem
is essential for the preservation of the peace and security
which prevail in the region,
Bearing in mind the wish expressed by the President of
the French Republic to seek actively a just solution to the
problem,
Taking note of the repeated wish of the Govemment of
the Comoros to initiate as soon as possíble a frank and
serious dialogue with the French Government with a view
to accelerating the return of the Comorian island of May-
otte to the Islamic Federal Republic of the Comoros,
Taking note of the report of the Secretary-General, 49
Bearing in mind the decisions of the Organization of
African Unity, the Movement of Non-Aligned Countries
and the Organization of the Islamic Conference on this
question,
47 A/40/726 and Corr. l. annex
48 A/40/682, annex.
49 A/40/619.
SO Officia/ Records uf thc Third United Natwns Con/érence on the La..- o/
the Sea, vol. XVII (United Nations publicati.on, Sales No. E.84.V.3), docu
ment AICONF.62/122.
1.
Reaffirms the sovereignty of the lslamic Federal
Republic of the Comoros over the island of Mayotte:
2.
Invites the Government of France to honour the
commitments entered into prior to the referendum on the
self-determination of the Comoro Archipelago of 22
December 1974 concerning respect for the unity and terri-
torial integrity of the Comoros;
3.
Calls for the translation into practice of the wish
expressed by the President of the French Republic to seek
actively a just solution to the question of Mayotte;
4.
Urges the Government of France to open negotia-
tions with the Government of the Comoros with a view to
ensuring the effective and prompt retum of the island of
Mayotte to the Comoros;
5.
Requests the Secretary-General of the United
Nations to maintain continuous contact with the Secrc-
tary-General of the Organization of African lJnity with
regard to this problem and to make available his good
offices in the search for a peaceful negotiated solution to
the problem;
6.
Further requests the Secretary-General to report on
this matter to the General Assembly at its forty-first ses-
sion;
7.
Decides to include in the provisional agenda of its
forty-first session the item entitled "Question of the
Comorian island of Mayotte".
109th p/enar)' meeting
9 December 1985
40/63. Law of the sea
rite General Assembly,
Recalling its resolutions 3 7 /66 of 3 December I 982, .18/
59 A of 14 December 1983 and 39/73 of 13 Deccmber
1984, regarding the law of the sea,
Taking note ofthe increasing and overwhelming support
for the United Nations Convention on the Law of the
Sea,50 as evidenced, ínter afia, by the one hundred and
fifty-nine signatures as of 9 December 1984, the closing
date for signature, and twenty-four ofthe sixty ratifications
or accessions required for entry into force of the Conven-
tion,
Considering that, in its resolution 2749 (XXV) of 17
December 1970, it proclaimed that the sea-bed and ocean
floor, and the subsoil thereof, beyond the limits ofnational
jurisdiction, as well as the resources of the arca, are the
common heritage of mankind,
Recalling that the Convcntion provides the régime to be
applied to the Area and its resources.
Further recalling the Declaration adopted by the Prepar-
atory Commission for the Intemational Sea-Bed Authority
and for the International Tribunal for the Law of the Sea
on 30 August 1985,51
Seriously concerned at any attempt to underminc the
Convention and the relatcd resolutions adopted at the
Third Unitcd Nations Conference on the Law ofthc Sea, 52
Recognizing that, as stated in the third preambular para-
graph of the Convention, the problems of ocean spacc are
closely interrelated and need to be considered as a whole,
Convinced that it is important to safeguard the unified
character of the Convention and relatcd resolutions
adopted therewith and to refrain from any action to apply
5l LOS/PCN/72; see also A 40 923, paras. 109-112. on the Dedarat10n
and the Chairman's statement at its adoption.
52 Otfic1a/ Records ()( the Th1rd Unitcd Nailon., Conkrence on the /,aw o/
the Sea. vol. XVII (United Na11ons publication. Sales No F 84 V.3). docu
ment A CONF.621121, annn l.
32
General Assembly-Fortieth Session
their provisions selectively, in a manner inconsistent 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,
Recognizing a/so the need for co-operation in the early
and effective implementation by the Preparatory Commis-
sion of resolution II of the Third United Nations Con-
ference on the Law of the Sea, 52
Noting the increasing needs of countries, especially
developing countries, for information, advice and assist-
ance in the implementation ofthe Convention and in their
developmental process for the full realization of the bene-
fits of the comprehensive legal régime established by the
Convention,
Noting a/so that the Preparatory Commission has
decided to hold its fourth regular session at Kingston from
17 March to 11 April 1986 and its summer meeting in
1986 at Geneva, Kingston or New York as it may decide, 53
Taking note of activities carried out in 1985 under the
major programme on marine affairs, set forth in chapter
25 of the medium-term plan for the period l 984-1989,54
in accordance with the report ofthe Secretary-General55 as
approved in General Assembly resolution 38/59 A,
Recognizing that the United Nations Convention on the
Law of the Sea encompasses ali uses and resources of the
oceans and that ali related activities within the United
Nations system need to be implemented in a manner con-
sistent with it,
Recalling its approval of the fmancing of the expenses of
the Preparatory Commission from the regular budget of
the United Nations,
Taking special note of the report of the Secretary-Gen-
eral prepared in response to paragraph 1 O of General
Assembly resolution 39/73,56
1. Recal/s the historie significance of the United
Nations Convention on the Law of the Sea asan important
contribution to the maintenance of peace, justice and pro-
gress for ali peoples of the world;
2. Expresses its satisfaction at the increasing number of
ratifications deposited with the Secretary-General;
3. Ca/Is upan ali States that have not done so to con-
sider ratifying or acceding to the Convention at the earliest
possible date to allow the effective entry into force of the
new legal régime for the uses of the sea and its resources;
4.
Ca/Is upan ali States to safeguard the unified
character of the Convention and related resolutions
adopted therewith;
5.
Takes note of the Declaration adopted by the Pre-
paratory Commission for the International Sea-Bed
Authority and for the lnternational Tribunal for the Law
ofthe Sea on 30 August 1985;
6.
Ca/Is upan States to desist from taking actions
which undermine the Convention or defeat its object and
purpose;
7.
Ca/Is upan States to observe the provisions of the
Convention when enacting their national legislation;
8.
Ca/Is for an early adoption of the rules for registra-
tion of pioneer investors in order to ensure the effective
implementation of resolution II of the Third United
Nations Conference on the Law of the Sea, including the
registration of pioneer investors;
53 Sce A/40/923, para. 108.
54 Officia/ Records o/ the General Aasemb/y, Thirty-sevenlh Session. S11p-
p/ement No. 6A (A/37/6/Add.1). annex 11.
55 A/38/570 and Corr. l and Add. l and Add. l /Corr. l
56 A/40/923.
9. Expresses its appreciation for the effective execution
by the Secretary-General of the central programme in law
of the sea affairs under chapter 25 of the medium-term
plan for the period 1984-1989;
l O.
Further expresses its appreciation for the report of
the Secretary-General prepared in response to General
Assembly resolution 39/73 and requests him to continue
to carry out the activities outlined therein, as well as those
aimed at the strengthening of the new legal régime of the
sea, special emphasis being placed on the work of the Pre-
paratory Commission for the International Sea-Bed
Authority and for the lnternational Tribunal for the Law
ofthe Sea, including the implementation of resolution II of
the Third United Nations Conference on the Law of the
Sea;
11. Approves the programme of meetings of the Pre-
paratory Commission for 1986;53
12. Ca/Is upan 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 new legal régime thereunder, as well as in their
national, subregional and regional efforts towards the full
realization ofthe benefits therefrom and invites the organs
and organizations of the United Nations system to co-
operate and lend assistance in these endeavours;
13. Requests the Secretary-General to report to the
General Assembly at its forty-first session on develop-
ments relating to the Convention and on the implementa-
tion of the present resolution;
14. Decides to include in the provisional agenda of its
forty-first session the ítem entitled "Law of the sea".
110th p/enary meeting
JO December 1985
40/64. Policies oí apartheid oí the Government oí
South Africa57
A
COMPREHENS\VE SANCTIONS AGAINST THE
RACIST REGIME OF SOUTH AFRICA
The General Assembly,
Recal/ing and reaffirming its resolution 39/72 A of 13
December 1984,
Recalling its relevant resolutions and those of the Secu-
rity Council calling for concerted international action to
force the racist régime to start eliminating apartheid by
putting an immediate end to repressive practices against
the black majority, releasing ali política! prisoners, abro-
gating ali racist laws and regulations, dismantling bantus-
tans and finding a política! solution to the crisis in South
Africa through the ful! participation of the black majority
in determining their future,
Taking note ofthe declarations adopted at the following
meetings organized by the Special Committee against
Apartheid:
(a) The special session of the Committee in commem-
oration of the twenty-fifth anniversary of the Sharpeville
massacre, held at Headquarters on 22 March 1985,58
(b) The lnternational Conference on Women and
Children under Apartheid, held at Arusha, United Repub-
lic of Tanzania, from 7 to 10 May 1985,59
S7 Sec also sect. I, footnote 9. and scct. X.R.1, dccisaon 401407
58 A/40/213 and Corr 1. annex.
' 9 A/40/319-SI 17197. annex.
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