← Votes

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
Russia United States United Kingdom ~ China France
UN Document A/RES/40/63 ↗

Vote Recorded VoteA/40/PV.110 Dec. 10, 1985

1 surprising vote — country whose ideal point predicts the opposite position.

— Abstain (5)
✗ No (2)
Absent (12)
✓ Yes (140)
Full text of resolution OCR extract — may contain errors
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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