← Votes

A/RES/45/145 GA

Law of the sea : resolution / adopted by the General Assembly

45
Session
140
Yes
2
No
6
Abstentions
Draft symbol A/45/L.29
Adopted symbol A/RES/45/145
Category POLITICAL AND LEGAL QUESTIONS
P5 Positions
Russia United States United Kingdom ~ China France
UN Document A/RES/45/145 ↗

Vote Recorded VoteA/45/PV.68 Sept. 1, 1990

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

— Abstain (6)
✗ No (2)
Absent (11)
✓ Yes (140)
Full text of resolution OCR extract — may contain errors
IL Resolutions adopted without reference to a Ma~n Committee 37 5. Determines once more that all actions taken by Is- rael to give effect to its decision relating to the occupied Syrian Arab Golan are illegal and invalid and shall not be recognized; 6. Reaffirms its determination that all relevant pro- visions of the Regulations annexed to the Hague Con- vention IV of 1907,76 and the Geneva Convention rela- tive to the Protection of Civilian Persons in Time of War, of 12 August 1949, continue to apply to the Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under these instruments in all circum- stances; 7. Determines once more that the continued occupa- tion of the Syrian Arab Golan since 1967 and its annex- ation by Israel on 14 December 1981, following Israel's decision to impose its laws, jurisdiction and administra- tion on that territory, constitute a continuing threat to international peace and security; 8. Strongly deplores the negative vote by a perma- nent member of the Security Council which prevented the Council from adopting against Israel, under Chap- ter VII of the Charter, the "appropriate measures" re- ferred to in resolution 497 (1981) unanimously adopted by the Council; 9. Further deplores any political, economic, finan- cial, military and technological support to Israel that encourages it to commit acts of aggression and to con- solidate and perpetuate its occupation and annexation of the Palestinian territory occupied since 1967, includ- ing Jerusalem, and the other occupied Arab territories; 10. Firmly emphasizes once more its demand that Is- rael, the occupying Power, rescind forthwith its illegal decision of 14 December 1981 to impose its laws, juris- diction and administration on the Syrian Arab Golan, which resulted in the effective annexation of that terri- tory; 11. Reaffirms once more the overriding necessity of the total and unconditional withdrawal by Israel from the Palestinian territory occupied since 1967, including Jerusalem, and the other occupied Arab territories, which is an essential prerequisite for the establishment of a comprehensive and just peace in the Middle East; 12. Determines once more that Israel's record, poli- cies and actions confirm that it is not a peace-loving Member State, that it has persistently violated the prin- ciples contained in the Charter and that it has carried out neither its obligations under the Charter nor its commitment under General Assembly resolution 273 (III) of 11 May 1949; 13. Calls upon all Member States to put an end to the flow to Israel of any military, economic, financial and technological aid, as well as human resources, aimed at prolonging Israeli occupation of the Arab ter- ritories or encouraging Israel to pursue its aggressive policy against the Arab countries and the Palestinian people; 14. Urges non-member States to act in accordance with the provisions of the present resolution; 76 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). 15. Calls upon the specialized agencies and other international organizations to conform their relations with Israel to the terms of the present resolution; 16. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the im- plementation of the present resolution. C The General Assembly, 67th plenary meeting 13 December 1990 Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988 and 44/40 C of 4 December 1989, in which it de- termined that all legislative and administrative mea- sures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proc- lamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling Security Council resolution 478 (1980) of20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jeru- salem to withdraw such missions from the Holy City, Having considered the report of the Secretary-Gen- eral of 15 October 1990,73 1. Determines that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever; 2. Deplores the transfer by some States of their dip- lomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and their refusal to com- ply with the provisions of that resolution; 3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations; 4. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the im- plementation of the present resolution. 67th plenary meeting 13 December 1990 45/145. Law of the sea The General Assembly, Recalling its previous resolutions, including resolu- tion 44/26 of 20 November 1989, regarding the law of the sea, Recognizing that, as stated in the third preambular paragraph of the United Nations Convention on the Law of the Sea,59 the problems of ocean space are closely interrelated and need to be considered as a whole, Convinced that it is important to safeguard the uni- fied character of the Convention and related resolu- tions adopted therewith and to apply them in a manner 38 General Assembly-Forty-flRh Session 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 provis- ions 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 (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 willing- ness to explore all possibilities of addressing issues, as referred to in the statements made at the end of the meeting of the Preparatory Commission for the Inter- national Sea-Bed Authority and for the International Tribunal for the Law of the Sea, held in New York from 14 August to 1 September 1989, in order to secure uni- versal participation in the Convention,77 Recognizing the need for co-operation in the early and effective implementation by the Preparatory Com- mission of resolution II of the Third United Nations Conference on the Law of the Sea, 78 Noting with satisfaction the progress made in the Pre- paratory Commission since its inception, including the registration in 1987 as pioneer investors of the lnstitut franr;ais de recherche pour !'exploitation de la mer (IFREMER), the Government of India, Deep Ocean Resources Development Co., Ltd. (DORD) and Yuzhmorgeologiya, whose applications were submitted by the Governments of France, India, Japan and the Union of Soviet Socialist Republics respectively, bear- ing in mind that such registration entails both rights and obligations, Recalling with satisfaction the designation by the Pre- paratory Commission of reserved areas for the Author- ity from the application areas submitted by the pioneer investors pursuant to resolution II, Noting the submission to the Preparatory Commis- sion of an application by the Government of China on behalf of the China Ocean Mineral Resources Re- search and Development Association (COMRA) for registration as a pioneer investor under resolution II, 79 Noting also the increasing needs of countries, espe- cially 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 es- tablished 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 organiza- 77 See N44/650 and Corr.I, paras. 156 and 158. 18 Official Records of the Third United Nations Conference on the Law of the Sea, vol. X:VII (United Nations publication, Sales No. E.84.V.3), document NCONF.62/121, annex I. 79 LOS/PCN/113. tions to enable developing countries to acquire such ca- pabilities, Recognizing also that the Convention encompasses all uses and resources of the sea and that all related activ- ities within the United Nations system need to be im- plemented in a manner consistent with it, Noting with appreciation the initiative of the Secre- tary-General to promote dialogue aimed at achieving universal participation in the Convention,80 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 that can have an adverse impact on the con- servation and management of marine living resources, Recalling that States have a duty to take, or co-oper- ate with other States in taking, such measures for their nationals as may be necessary for the conservation of the living resources of the high seas, Conscious of the urgent need to increase the scien- tific knowledge of the marine environment, Taking note of activities carried out in 1990 under the major programme on marine affairs, set forth in chap- ter 25 of the medium-term plan for the period 1984- 1989 and extended for the period 1990-1991, in accor- dance with the report of the Secretary-General,81 as approved in General Assembly resolution 38/59 A, and the report of the Secretary-General,82 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 20 of General Assembly resolution 44/26,82 1. Recalls the historic significance of the United Na- tions 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 evi- denced, inter alia, by the one hundred and fifty-nine sig- natures and forty-five of the sixty ratifications or acces- sions required for entry into force of the Convention; 3. Invites all States to make renewed efforts to fa- cilitate universal participation in the Convention; 4. Calls upon all States that have not done so to con- sider ratifying or acceding to the Convention at the ear- liest possible date to allow the effective entry into force of the new legal regime for the uses of the sea and its resources; 5. Calls upon all States to safeguard the unified character of the Convention and related resolutions adopted therewith and to apply them in a manner con- sistent with that character and with their object and purpose; 80 See N45/721 and Corr.I, para. 14. 81 N38/570 and Corr.I and Add.I and Add.1/Corr.l. 82 N45/72 I and Corr. l. II. Resolutions adopted without reference to• Malo Committee 39 6. Also calls upon States to observe the provisions of the Convention when enacting their national legisla- tion; 7. Notes the progress being made by the Prepara- tory Commission for the International Sea-Bed Author- ity and for the International Tribunal for the Law of the Sea in all areas of its work; 8. Notes with satisfaction the Understanding on the Fulfilment of Obligations by the Registered Pioneer In- vestors and their Certifying States adopted by the Pre- paratory Commission on 30 August 1990;83 9. Expresses its appreciation to the Secretary-Gen- eral for his efforts in support of the Convention and for the effective execution of the major programme on ma- rine affairs set forth in chapter 25 of the medium-term plan for the period 1984-1989 and extended for the pe- riod 1990-1991 and requests him to take into account the prospective entry into force of th~ Conv~ntion ~nd the increased needs of States for assistance m the im- plementation of the Convention in the medium-term plan for the period 1992-1997; 10. Also expresses its appreciation to the Secretary- General for the report prepared in pursuance of para- graph 20 of General Assembly resolution 44/268 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, special emphasis being placed on the work of the Preparatory Commission, including the im- plementation of resolution II of the Third United Na- tions Conference on the Law of the Sea; 11. Welcomes regional efforts by developing coun- tries to integrate the ocean sector in national develop- ment plans and programmes through the process of in- ternational co-operation and assistance, in particular the recent initiatives mentioned in the report of the Secretary-General;84 12. 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 ap- proach to the legal regime thereunder, as well as in their national, subregional and regional efforts towards the full realization of the benefits therefrom, and in- vites the organs and organizations of the United Na- tions system to co-operate and lend assistance in these endeavours; 13. Urges interested Member States, in particular States that have advanced marine capabilities, to review relevant policies and programmes in the context of the integration of the marine sector in national develop- ment strategies, and to explore prospects for intensify- ing co-operation with developing States, including States of regions active in this field; 14. Requests the competent international organiza- tions, the United Nations Development Programme, the World Bank and other multilateral funding agen- cies, in accordance with their respective policies, to in- tensify financial, technological, organizational and managerial assistance to the developing countries in their efforts to realize the benefits of the comprehens- ive legal regime established by the Convention and to strengthen co-operation among themselves and with donor States in the provision of such assistance; 83 LOS/PCN/L87, annex. 84 See N45/721 and Corr.I, paras. 16-19. 15. Welcomes the report of the Secretary-General submitted pursuant to paragraph 13 of General Assem- bly resolution 44/26, in which were identified the needs of States in regard to the development and manage- ment of ocean resources and the measures currently taken by States and by the competent international or- ganizations in responding to those needs,85 and requests the Secretary-General to transmit that report to all Member States and competent international organiza- tions, agencies and bodies for their review and to take their comments into account in the preparation of the report to be submitted to the Assembly at its forty-sixth session; 16. Approves the decision of the Preparatory Com- mission to hold its ninth regular session at Kingston from 25 February to 22 March 1991 and to hold a sum- mer meeting in New York in 1991; 17. Recognizes that the protection of the marine en- vironment will be significantly enhanced by the im- plementation of applicable provisions of the Conven- tion; 18. Expresses its appreciation to the Secretary-Gen- eral for the study on marine scientific research submit- ted pursuant to paragraph 19 of General Assembly res- olution 44/26, 86 in which it was underscored that research and monitoring needs in the field of marine science call for enhanced international co-operation in order to provide a sound basis for resource manage- ment and the protection and preservation of the marine environment and for the study of the influence of the oceans on the global environment; 19. Reiterates its call to States and other members of the international community to strengthen their co-op- eration in the conservation of marine living resources, including the prevention of the use of fishing methods and practices that can have an adverse impact on the conservation and management of marine living re- sources; 20. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on develop- ments pertaining to the Convention and all related ac- tivities and on the implementation of the present reso- lution; 21. Decides to include in the provisional agenda of its forty-sixth session the item entitled "Law of the sea". 68th plenary meeting 14 December 1990 45/176. Policies of apartheid of the Government of South Africa A INTERNATIONAL EFFORTS TO ERADICATE APARTHEID The General Assembly, Reaffirming the Declaration on Apartheid and its De- structive Consequences in Southern Africa, contained in the annex to its resolution S-16/1 of 14 December 1989, and its resolution 44/244 of 17 September 1990, 85 N45/712. 86 N45/563.
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