A/RES/42/20 GA

40 General Assembly-Forty-second Session ----·-·· ----- ----- ---------- Emphasizing the obligation of States, under customary international law, not to intervene in the interna) alfairs of other States, l. Urgently calls for full and immediate compliance with the Judgment of the International Court of Justice of 27 June 1986 in the case of "Military and Paramilitary Activities in and against Nicaragua" in confarmity with the relevant provisions of the Charter of the United Na- tions; 2. Requests the Secretary-General to keep the General Assembly informed on the implementation of this resolu- tion; 3. Decides to include in the provisional agenda of its forty-third session the item entitled "Judgment of the In- ternational Court of Justice of 27 June 1986 concerning military and paramilitary activities in and against Nicara- gua: need far immediate compliance". 68th plenary meeting 12 November 1987 42/19. Question of the Falkland Islands (Malvinas)62 The General Assembly, Having considered the question of the Falkland Islands (Malvinas) and having received the report of the Secre- tary-General, 63 Aware of the interest of the international community in the peaceful and definitive settlement by the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland of ali their dilferences, in accor- dance with the Charter of the United Nations, Taking note of the interest repeatedly expressed by both parties in normalizing their relations, Convinced that such purpose would be facilitated by a global negotiation between both Governments that will al- low them to rebuild mutual confidence on a salid basis and to resolve the pending problems, including all aspects on the future of the Falkland Islands (Malvinas), 1. Reiterates its request to the Governments of Ar- genntina and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems pending between both countries, including ali aspects on the future of the Falkland Islands (Malvinas), in accordance with the Charter of the United Nations; 2. Requests the Secretary-General to continue his renewed mission of good offices in arder to assist the par- ties in complying with the request made in paragraph l above, and to take the necessary measures to that end; 3. Requests the Secretary-General to submit to the General Assembly at its farty-third session a report on the progress made in the implementation of the present reso- lution; 4. Decides to include in the provisional agenda of its farty-third session the item entitled "Question ofthe Falk- land Islands (Malvinas)". 72nd plenary meeting 17 November 1987 62 See also sect. I, f"ootnote 10, and sect. X.B.6, decision 42/410. 63 A/42/732. 42/20. Law of the sea The General Assembly, Reaffirming its resolutions 37 /66 of 3 December 1982, 38/59 A of 14 December 1983, 39/73 of 13 December 1984, 40/63 of 10 December 1985 and 41/34 of 5 Novem- ber 1986, regarding the law of the sea, Recognizing that, as stated in the third preambular para- graph ofthe United Nations Convention on the Law ofthe Sea,48 the problems of ocean space 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 related resolutions adopted therewith and to refrain from any action to apply their provisions selectively, in a manner inconsistent with their object and purpose, Emphasizing the need far States to ensure consistent ap- plication of the Convention, as well as the need far har- monization of national legislation with the provisions of the Convention, 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 of national jurisdiction, as well as the resources of the area, are the common heritage of mankind, Recalling that the Convention provides the régime to be applied to the Area and its resources, Emphasizing that no State should undermine the Con- vention and related resolutions of the Third United Na- tions Conference on the Law of the Sea, Recognizing also the need far co-operation in the early and elfective implementation by the Preparatory Commis- sion far the International Sea-Bed Authority and far the International Tribunal far the Law of the Sea of resolu- tion II of the Third United Nations Conference on the Law of the Sea,64 Noting with satisfaction the progress made in the work of the Preparatory Commission since its inception, including the registration oflndia as a pioneer investor in the mining of the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction, Noting the decision of the Preparatory Commission to convene its General Committee from 7 to 18 December 1987 for the purpose of considering the applications of France, Japan and the Union ofSoviet Socialist Republics for registration as pioneer investors, Noting also that the Preparatory Commission has de- cided to hold its sixth regular session at Kingston from 14 March to 8 April 1988 and that it will decide upon the summer meeting far 1988 during its next session, 65 Noting further the increasing needs of countries, espe- cially developing countries, far infarmation, advice and assistance in the implementation of the Convention and in their developmental process far the full realization of the benefits of the comprehensive legal régime established by the Convention, Recognizing that the Convention encompasses ali uses and resources of the sea and that ali related activities within the United Nations system need to be implemented in a manner consistent with it, 64 Official Records of 1he Third United Nations Conference on the Law ofthe Sea, vol. XVII (United Nations publication, Sales No. E.84.V.3), document A/CONF.62/121, annex J. b\ See A/42/688, para. 132. II. Resolutions adopted without reference to a Main Committee 41 ------------------ Taking note of activities carried out in 1987 under the major programme on marine atfairs, set forth in chap- ter 25 of the medium-term plan for the period 1984-1989, in accordance with the report of the Secretary-Generai,66 as approved in General Assembly resolution 38/59 A, and the report of the Secretary-General, 67 Recalling its approval of the financing of the expenses of the Preparatory Commission from the regular budget of the United Nations, Taking special note of the report of the Secretary- General prepared in pursuance of paragraph 13 of Gen- eral Assembly resolution 41/34,67 l. Recalls the historie significance of the United Na- tions Convention on the Law of the Sea as an important contribution to the maintenance of peace, justice and pro- gress for all peoples of the world; 2. Expresses its satisfaction at the increasing and over- whelming support for the Convention, as evidenced, in- ter alia, by the one hundred and fifty-nine signatures and thirty-five of the sixty ratifications or accessions required for entry into force of the Convention; 3. Calls upan all States that have not done so to con- sider ratifying or acceding to the Convention at the earli- est possible date to allow the etfective entry into force of the new legal régime for the uses of the sea and its re- sources; 4. Calls upan all States to safeguard the unified charac- ter of the Convention and related resolutions adopted therewith; 5. Also calls upan States to observe the provisions of the Convention when enacting their national legislation; 6. Further calls upan States to desist from taking ac- tions which undermine the Convention or defeat its object and purpose; 1. Notes the progress being made by the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law ofthe Sea in all areas of its work; 8. Expresses its satisfaction at the successful resolution of conflicts of overlaps that had arisen in the claims of ap- plicants for registration as pioneer investors and with those of certain potential applicants under resolution II of the Third United Nations Conference on the Law of the Sea; 9. Further expresses its satisfaction at the historie deci- sion of the Preparatory Commission of 17 August 1987 to register the first pioneer investor, namely India, and at the decision of the Preparatory Commission to convene its General Committee from 7 to 18 December 1987 for the purpose of considering the applications of France, Japan and the Union of Soviet Socialist Republics for registra- tion as pioneer investors; 10. Expresses its appreciation to the Secretary-General for bis etforts in support of the Convention and for the ef- fective execution of the major programme on marine af- fairs set forth in chapter 25 of the medium-term plan for the period 1984-1989; 11. Further expresses its appreciation for the report of the Secretary-General prepared in pursuance of General Assembly resolution 41/34 and requests him to contmue to carry out the activities outlined therein, as well as those aimed at the strengthening of the legal régime of the sea, special emphasis being placed on the work of the Prepara- 66 A/38/570 and Corr. l and Add. l and Add.1/Corr.1 67 A/ 42/688. tory Commission, including the implementation ofresolu- tion II of the Third United Nations Conference on the Law of the Sea; 12. Calls upan the Secretary-General to continue to as- sist States in the implementation of the Convention and in the development of a consistent and uniform approach to the legal régime thereunder, as well as in their national, subregional and regional etforts towards the full realiza- tion of the benefits therefrom and invites the organs and organizations of the United Nations system to co-operate and lend assistance in these endeavours; 13. Approves the decision of the Preparatory Commis- sion to hold its sixth regular session at Kingston from 14 March to 8 April 1988 and notes that the Preparatory Commission will decide upon the summer meeting for 1988 during its next session;65 14. Requests the Secretary-General to report to the General Assembly at its forty-third session on develop- ments pertaining to the Convention and all related activi- ties and on the implementation of the present resolution; 15. Decides to include in the provisional agenda of its forty-third session the item entitled "Law of the sea". 73rd plenary meeting 18 November 1987 42/21. Application of the Republic of Nauru to become a party to the Statute of the International Court of Justice Whereas the Government of Nauru, by a communica- tion68 dated 21 August 1987 addressed to the Secretary- General, has expressed the desire to learn the conditions on which Nauru could become a party to the Statute of the lnternational Court of Justice, Whereas Article 93, paragraph 2, of the Charter of the United Nations provides that a State which is nota Mem- ber ofthe United Nations may become a party to the Stat- ute of the Court on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Councíl, Whereas the Security Cou11cil has adopted a rernmme11- datio11 011 this matter,69 The General Assembly Determines, in pursua11ce of Article 93, paragraph 2, of the Charter and upo11 the recomme11datio11 of the Security Cou11cil, the co11ditio11s on which Nauru may become a party to the Statute of the Internatio11al Court of Justice, as follows: "The Republic of Nauru will become a party to the Statute 011 the date of the deposit with the Secretary- General of the United Nations of an instrument, signed 011 behalf of the Government of the Republic of Nauru and ratified as may be required by the constitutional law of the Republic of Nauru, containing: "(a) Acceptance of the provisions of the Statute of the International Court of Justice; "(b) Acceptance of ali the obligations of a Member of the U11ited Natio11s under Article 94 of the Charter; "(e) An undertaki11g to contribute to the expenses of the Court such equitable amount as the General Assem- 68 See Official Records of the Security Council, Forty-second Year, Suf¡Iement for Ju/y, August and September 1987, document S/19137. See Officwl Records oj thc General Assembiy. Forty-second Session. Annexcs, agenda ítem 144. document A/42/242.

UN Project. “A/RES/42/20.” UN Project, https://un-project.org/votes/resolution/A-RES-42-20/. Accessed .

Copy citation