A/RES/57/141 GA
Oceans and the law of the sea
57
Session
132
Yes
1
No
2
Abstentions
| Draft symbol | A/57/L.48/Rev.1 |
|---|---|
| Adopted symbol | A/RES/57/141 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
|
| UN Document | A/RES/57/141 ↗ |
Vote Recorded Vote — A/57/PV.74
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Afghanistan
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Albania
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Angola
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Antigua and Barbuda
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Azerbaijan
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Belarus
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Benin
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Bhutan
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Bosnia and Herzegovina
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Botswana
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Bulgaria
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Burundi
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Cambodia
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Cabo Verde
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Central African Republic
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Chad
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Comoros
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Congo
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Côte d'Ivoire
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Czechia
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Democratic Republic of the Congo
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Equatorial Guinea
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Gabon
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Guinea-Bissau
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Islamic Republic of Iran
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Iraq
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Jordan
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Kiribati
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Kyrgyzstan
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Lesotho
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Liberia
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Malawi
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Mali
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Marshall Islands
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Mauritius
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Mongolia
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Mozambique
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Netherlands
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Niger
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Nigeria
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Palau
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Republic of Korea
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Samoa
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Sao Tome and Principe
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Seychelles
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Somalia
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Syrian Arab Republic
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Tajikistan
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Timor-Leste
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Turkmenistan
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Tuvalu
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Uganda
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Uzbekistan
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Vanuatu
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Yemen
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Zimbabwe
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Algeria
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Andorra
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Argentina
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Armenia
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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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Belize
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Plurinational State of Bolivia
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Brazil
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Brunei Darussalam
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Burkina Faso
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Cameroon
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Canada
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Chile
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China
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Costa Rica
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Croatia
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Cuba
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Cyprus
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Democratic People's Republic of Korea
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Denmark
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Djibouti
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Dominica
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Dominican Republic
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Ecuador
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Egypt
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El Salvador
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Eritrea
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Estonia
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Ethiopia
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Fiji
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Finland
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France ⚠
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Gambia
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Georgia
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Germany
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Ghana
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Greece
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Grenada
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Guatemala
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Guinea
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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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Ireland
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Israel ⚠
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Italy
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Jamaica
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Japan
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Kazakhstan
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Kenya
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Kuwait
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Lao People's Democratic Republic
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Latvia
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Lebanon
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Libya
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Liechtenstein
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Lithuania
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Luxembourg
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Madagascar
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Malaysia
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Maldives
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Malta
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Mauritania
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Mexico
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Micronesia (Federated States of) ⚠
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Monaco
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Morocco
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Myanmar
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Namibia
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Nauru
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Nepal
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New Zealand
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Nicaragua
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Norway
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Poland
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Portugal
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Qatar
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Moldova
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Romania
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Russian Federation
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Rwanda
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Saint Kitts and Nevis
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Saint Lucia
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Saint Vincent and the Grenadines
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San Marino
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Saudi Arabia
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Senegal
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Sierra Leone
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Singapore
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Slovakia
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Slovenia
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Solomon Islands
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South Africa
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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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Switzerland
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Thailand
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North Macedonia
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Togo
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Tonga
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Trinidad and Tobago
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Tunisia
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Ukraine
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland ⚠
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United Republic of Tanzania
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United States of America ⚠
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Uruguay
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Viet Nam
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Yugoslavia
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Zambia
Speeches following this vote (3)
The Acting President
We turn next to draft resolution A/57/L.49, entitled “Large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas/illegal, unreported and unregulated fishing, fisheries by-catch and discards, and other developments”.
Before proceeding to take action on the draft resolution, I should like to announce that, since the introduction of the draft,…
The Acting President
We turn next to draft resolution A/57/L.50, entitled “Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks”.
Before proceeding to take action on the draft resolution, I should like to announce that, since the introduction …
The Acting President
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 25 and its sub-items (a) to (c)?
Full text of resolution
United Nations
A/RES/57/141
General Assembly
Distr.: General
21 February 2003
Fifty-seventh session
Agenda item 25 (a)
02 54754
Resolution adopted by the General Assembly
[without reference to a Main Committee (A/57/L.48/Rev.1 and Add.1)]
57/141. Oceans and the law of the sea
The General Assembly,
Recalling its resolutions 49/28 of 6 December 1994, 52/26 of 26 November
1997, 54/33 of 24 November 1999, 55/7 of 30 October 2000, 56/12 of 28 November
2001 and other relevant resolutions adopted subsequent to the entry into force of the
United Nations Convention on the Law of the Sea (“the Convention”)1 on
16 November 1994,
Emphasizing the universal and unified character of the Convention and its
fundamental importance for the maintenance and strengthening of international
peace and security, as well as for the sustainable development of the oceans and
seas,
Reaffirming that the Convention sets out the legal framework within which all
activities in the oceans and seas must be carried out and is of strategic importance as
the basis for national, regional and global action and cooperation in the marine
sector, and that its integrity needs to be maintained, as recognized also by the United
Nations Conference on Environment and Development in chapter 17 of Agenda 21,2
Conscious that the problems of ocean space are closely interrelated and need
to be considered as a whole through an integrated, interdisciplinary and intersectoral
approach,
Convinced of the need, building on arrangements established in accordance
with the Convention, to improve coordination at the national level and cooperation
and coordination at both intergovernmental and inter-agency levels, in order to
address all aspects of oceans and seas in an integrated manner,
_______________
1 See The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea of
10 December 1982 and of the Agreement relating to the Implementation of Part XI of the United Nations
Convention on the Law of the Sea of 10 December 1982 with Index and Excerpts from the Final Act of the
Third United Nations Conference on the Law of the Sea (United Nations publication, Sales No. E.97.V.10).
2 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June
1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions adopted by the
Conference, resolution 1, annex II.
A/RES/57/141
2
Recognizing the important role that the competent international organizations
have in relation to ocean affairs, in implementing the Convention and in promoting
the sustainable development of the oceans and seas,
Welcoming the outcome of the World Summit on Sustainable Development,
held in Johannesburg, South Africa, from 26 August to 4 September 2002,3
Recalling the essential role of international cooperation and coordination in
promoting the integrated management and sustainable development of the oceans
and seas, and recalling also that the role of international cooperation and
coordination on a bilateral basis and, where applicable, within a subregional,
regional, interregional or global framework is to support and supplement the
national efforts of all States, including coastal States, in promoting the
implementation and observance of the Convention and the integrated management
and sustainable development of coastal and marine areas,
Recalling also article 200 of the Convention, in which States are encouraged to
participate actively in regional and global programmes to acquire knowledge for the
assessment of the nature and extent of marine pollution, and welcoming in this
regard the recommendation of the World Summit on Sustainable Development to
establish by 2004 a regular process under the United Nations for global reporting
and assessment of the state of the marine environment, including socio-economic
aspects, both current and foreseeable, building on existing regional assessments,4
Underlining once again the essential need for capacity-building to ensure that
all States, especially developing countries, in particular least developed countries
and small island developing States, are able both to implement the Convention and
to benefit from the sustainable development of the oceans and seas, as well as to
participate fully in global and regional forums and processes dealing with oceans
and law of the sea issues,
Emphasizing the need to strengthen the ability of competent international
organizations to contribute, at the global, regional, subregional and bilateral levels,
including through cooperation programmes with Governments, to the development
of national and local capacity in marine science and the sustainable management of
oceans and their resources,
Taking note of the report of the Secretary-General,5 and emphasizing in this
regard the critical role of the annual comprehensive report of the Secretary-General,
which integrates information on developments relating to the implementation of the
Convention and the work of the Organization, its specialized agencies and other
institutions in the field of ocean affairs and the law of the sea at the global and
regional levels, and as a result constitutes the basis for the annual consideration and
review of developments relating to ocean affairs and the law of the sea by the
General Assembly as the global institution having the competence to undertake such
a review,
Taking note also of the report on the work of the United Nations Open-ended
Informal Consultative Process (“the Consultative Process”) established by the
_______________
3 See Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum),
chap. I.
4 Ibid., resolution 2, annex, para. 36 (b).
5 A/57/57 and Add.1.
A/RES/57/141
3
General Assembly in its resolution 54/33 in order to facilitate the annual review by
the Assembly of developments in ocean affairs at its third meeting,6
Reiterating its concern at the adverse impacts on the marine environment from
ships, including pollution, in particular through the illegal release of oil and other
harmful substances and the dumping of hazardous waste, including radioactive
materials, nuclear waste and dangerous chemicals, as well as physical impacts on
coral,
Welcoming resolution GC(46)/RES/9 adopted on 20 September 2002 by the
General Conference of the International Atomic Energy Agency at its forty-sixth
regular session, concerning measures to strengthen international cooperation in
nuclear, radiation, transport and waste safety, including those aspects relating to
maritime transport safety,7
Noting the responsibilities of the Secretary-General under the Convention and
related resolutions of the General Assembly, in particular resolutions 49/28, 52/26
and 54/33, and in this context the expected increase in responsibilities of the
Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of
the Secretariat in view of the progress in the work of the Commission on the Limits
of the Continental Shelf (“the Commission”) and the anticipated receipt of
submissions from States, in addition to the expected growing involvement of the
Division with requests for technical assistance from States and its role in inter-
agency coordination and cooperation,
I.
Implementation of the Convention and related agreements and instruments
1.
Calls upon all States that have not done so, in order to achieve the goal
of universal participation, to become parties to the Convention1 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 (“the Agreement”);1
2.
Reaffirms the unified character of the Convention;
3.
Once again calls upon States to harmonize, as a matter of priority, their
national legislation with the provisions of the Convention, to ensure the consistent
application of those provisions and to ensure also that any declarations or statements
that they have made or make when signing, ratifying or acceding to the Convention
are in conformity therewith and, otherwise, to withdraw any of their declarations or
statements that are not in conformity;
4.
Encourages States parties to the Convention to deposit with the
Secretary-General charts and lists of geographical coordinates, as provided for in
the Convention;
5.
Welcomes the entry into force on 11 December 2001 of the Agreement for
the Implementation of the Provisions of the United Nations Convention on the Law
of the Sea of 10 December 1982 relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks,8 and calls upon all States
that have not yet done so to become parties to it;
_______________
6 See A/57/80.
7 See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference,
Forty-sixth Regular Session, 16–20 September 2002 (GC(46)/RES/DEC(2002)).
8 International Fisheries Instruments with Index (United Nations publication, Sales No. E.98.V.11), sect. I;
see also A/CONF.164/37.
A/RES/57/141
4
6.
Emphasizes the essential need also to improve the implementation of
international agreements in accordance with article 311 of the Convention and,
where appropriate, to foster the conditions for the application of instruments of a
voluntary nature, and recalls the important role of international organizations in
achieving these goals;
II.
World Summit on Sustainable Development
7.
Welcomes the Plan of Implementation of the World Summit on
Sustainable Development (“Johannesburg Plan of Implementation”), adopted on
4 September 2002,9 which once again emphasizes the importance of addressing the
sustainable development of oceans and seas and provides for the further
implementation of chapter 17 of Agenda 21;2
8.
Also welcomes the commitments set out in the Johannesburg Plan of
Implementation to actions at all levels, within specific periods for certain goals, to
ensure the sustainable development of the oceans, including sustainable fisheries,
the promotion of the conservation and management of the oceans, the enhancement
of maritime safety and the protection of the marine environment from pollution, and
the improvement of scientific understanding and assessment of marine and coastal
ecosystems as a fundamental basis for sound decision-making;
III. Meeting of States Parties
9.
Requests the Secretary-General to convene the thirteenth Meeting of
States Parties to the Convention in New York from 9 to 13 June 2003 and to provide
the services required;
IV.
Settlement of disputes
10. Notes with satisfaction the continued contribution of the International
Tribunal for the Law of the Sea (“the Tribunal”) to the peaceful settlement of
disputes in accordance with Part XV of the Convention, underlines its important role
and authority concerning the interpretation or application of the Convention and the
Agreement, encourages States parties to the Convention to consider making a
written declaration choosing from the means set out in article 287 for the settlement
of disputes concerning the interpretation or application of the Convention and the
Agreement, and invites States parties to note the provisions of annexes V, VI, VII
and VIII to the Convention concerning, respectively, conciliation, the Tribunal,
arbitration and special arbitration;
11.
Equally pays tribute to the important and long-standing role of the
International Court of Justice with regard to the peaceful settlement of disputes
concerning the law of the sea;
12. Recalls the obligation under article 296 of the Convention requiring all
parties to a dispute before a court or a tribunal referred to in article 287 of the
Convention to comply promptly with any decision rendered by such court or
tribunal;
13. Encourages States parties to the Convention that have not yet done so to
nominate conciliators and arbitrators in accordance with annexes V and VII to the
_______________
9 Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum),
chap. I, resolution 2, annex.
A/RES/57/141
5
Convention, and requests the Secretary-General to continue to update and circulate
lists of these conciliators and arbitrators on a regular basis;
V.
The Area
14. Notes with satisfaction the first examination by the Council of the
International Seabed Authority (“the Authority”) of annual reports on prospecting
and exploration for polymetallic nodules in the Area submitted by contractors to the
Authority;
15. Notes the preliminary discussion of issues relating to the regulations for
prospecting and exploration for polymetallic sulphides and cobalt-rich crusts in the
Area;
16. Reiterates the importance of the ongoing elaboration by the Authority,
pursuant to article 145 of the Convention, of rules, regulations and procedures to
ensure the effective protection of the marine environment, the protection and
conservation of the natural resources of the Area and the prevention of damage to its
flora and fauna from harmful effects that may arise from activities in the Area;
VI. Effective functioning of the Authority and the Tribunal
17. Appeals to all States parties to the Convention to pay their assessed
contributions to the Authority and to the Tribunal in full and on time, and appeals
also to all former provisional members of the Authority to pay any outstanding
contributions;
18. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal10 and to the
Protocol on the Privileges and Immunities of the Authority;11
VII. The continental shelf and the work of the Commission
19. Notes with satisfaction the progress in the work of the Commission,
especially that the consideration of submissions regarding the establishment of the
outer limits of the continental shelf beyond 200 nautical miles has begun with
receipt of the first submission, made by the Russian Federation on 20 December
2001;
20. Encourages States parties that are in a position to do so to make every
effort to make submissions to the Commission within the time period established by
the Convention, taking into account the decision of the eleventh Meeting of States
Parties to the Convention;12
21. Encourages
States
and
relevant
international
organizations
and
institutions to consider developing and making available training courses to assist
developing States in the preparation of such submissions, based on the outline for a
five-day training course13 prepared by the Commission in order to facilitate the
preparation of submissions in accordance with its Scientific and Technical
Guidelines;14
_______________
10 SPLOS/25.
11 ISBA/4/A/8, annex.
12 SPLOS/72.
13 CLCS/24 and Corr.1.
14 CLCS/11 and Corr.1 and Add.1 and Corr.1.
A/RES/57/141
6
22. Approves the convening by the Secretary-General of the twelfth session
of the Commission in New York from 28 April to 2 May 2003, followed by two
weeks of meetings of a subcommission in the event that a submission is made to the
Commission, and of the thirteenth session of the Commission from 25 to 29 August
2003;
VIII. Marine science and technology
23. Stresses the importance of the issues of marine science and technology
and the need to focus on how best to implement the many obligations of States and
competent international organizations under Parts XIII and XIV of the Convention,
and calls upon States to adopt, as appropriate and in accordance with international
law, such national laws, regulations, policies and procedures as are necessary to
promote and facilitate marine scientific research and cooperation, especially those
relating to consent for marine scientific research projects as provided for in the
Convention;
24. Calls upon States, through national and regional institutions, to ensure
that, in respect of marine scientific research conducted pursuant to Part XIII of the
Convention in areas over which a coastal State has jurisdiction, the rights of the
coastal State under the Convention are respected and that, at the request of the
coastal State, information, reports, results, conclusions and assessments of data,
samples and research results are made available, and access to data and samples are
provided, to that coastal State;
25. Urges relevant bodies of the United Nations system to develop, with the
Intergovernmental Oceanographic Commission of the United Nations Educational,
Scientific and Cultural Organization acting as a focal point and, where appropriate,
other competent organizations, appropriate interactions in the field of marine
science with regional fisheries organizations, environmental and scientific bodies or
regional centres foreseen by Part XIV of the Convention, and encourages States to
strengthen existing centres and to establish, where appropriate, such regional
centres;
IX. Maritime safety and security
26. Urges all States and relevant international bodies to cooperate to prevent
and combat piracy and armed robbery at sea by adopting measures, including those
relating to assistance with capacity-building, prevention, reporting and investigating
incidents, and bringing the alleged perpetrators to justice, in accordance with
international law, and through the adoption of national legislation, as well as
through training seafarers, port staff and enforcement personnel, providing
enforcement vessels and equipment and guarding against fraudulent ship
registration;
27. Calls upon States and private entities concerned to cooperate fully with
the International Maritime Organization, including by submitting reports on
incidents to the organization and by implementing its guidelines on preventing
attacks of piracy and armed robbery;
28. Urges States to become parties to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation and its Protocol,15 invites
_______________
15 International Maritime Organization publication, Sales No. 462.88.12E.
A/RES/57/141
7
States to participate in the review of those instruments by the Legal Committee of
the International Maritime Organization to strengthen the means of combating such
unlawful acts, including terrorist acts, and further urges States to take appropriate
measures to ensure the effective implementation of those instruments, in particular
through the adoption of legislation, where appropriate, aimed at ensuring that there
is a proper framework for responses to incidents of armed robbery and terrorist acts
at sea;
29. Welcomes initiatives at the International Maritime Organization to
counter the threat to maritime security from terrorism, and encourages States to
support this endeavour fully, including at the Conference of Contracting
Governments to the International Convention for the Safety of Life at Sea of 1974,
which is being held in London from 9 to 13 December 2002;
30. Once again invites the International Hydrographic Organization, in
cooperation with other relevant international organizations and interested Member
States, to provide the necessary assistance to States, in particular to developing
countries, in order to enhance hydrographic capability to ensure, in particular, the
safety of navigation and the protection of the marine environment;
31. Notes the increasing problem of unsafe transport at sea generally, and
particularly in the smuggling of migrants;
32. Urges Member States to work together cooperatively and with the
International Maritime Organization to strengthen measures to prevent the
embarkation of ships involved in the smuggling of migrants;
33. Urges States that have not yet done so to become parties to the Protocol
against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime,16 and to take
appropriate measures to ensure its effective implementation;
34. Welcomes the initiatives by the International Maritime Organization, the
Office of the United Nations High Commissioner for Refugees and the International
Organization for Migration to address the issue of the treatment of persons rescued
at sea;
X.
Capacity-building
35. Reiterates its call in paragraph 8 of its resolution 56/12, in line as well
with the Johannesburg Plan of Implementation, for reviews by the relevant
international organizations and financial institutions and the donor community of
the efforts to build capacity in order to identify the gaps that may need to be filled
for ensuring consistent approaches, both nationally and internationally, in order to
implement the Convention and chapter 17 of Agenda 21;
36. Calls upon bilateral and multilateral donor agencies to keep their
programmes systematically under review to ensure the availability in all States,
particularly in developing States, of the economic, legal, navigational, scientific and
technical skills necessary for the full implementation of the Convention and the
sustainable development of the oceans and seas nationally, regionally and globally,
and in so doing to bear in mind the rights of landlocked developing States;
_______________
16 Resolution 55/25, annex III.
A/RES/57/141
8
37. Calls upon States and international financial institutions, including
through bilateral, regional and international cooperation programmes and technical
partnerships, to continue to strengthen capacity-building activities, in particular in
developing countries, in the field of marine scientific research by, inter alia, training
the necessary skilled personnel, providing the necessary equipment, facilities and
vessels, and transferring environmentally sound technologies;
38. Calls upon the United Nations Environment Programme, working within
the Global Resource Information Database (GRID) system for data and information
management, to expand on a voluntary basis the capacity of existing GRID centres
to store and handle research data from the outer continental margin, on a basis to be
mutually agreed with the coastal State, and complementary to existing regional data
centres, giving due regard to confidentiality needs and in accordance with Part XIII
of the Convention, and making use of existing data management mechanisms under
the
Intergovernmental
Oceanographic
Commission
and
the
International
Hydrographic Organization, with a view to serving the needs of coastal States, and
in particular developing countries and small island developing States, in their
compliance with article 76 of the Convention;
39. Encourages States to assist developing States, and especially least
developed States and small island developing States, on a bilateral and, where
appropriate, regional level, in the preparation of submissions to the Commission,
including the assessment of the nature of the continental shelf of a coastal State
made in the form of a desktop study, and the mapping of the outer limits of its
continental shelf;
40. Requests the Secretary-General to compile in a uniform format a
directory of sources of training, advice and expertise and technological services,
including relevant institutions and other sources of technical information and
practice, which may contribute to the preparation of such submissions, to be
available to Member States and to be posted on the web site of the Division for
Ocean Affairs and the Law of the Sea of the Secretariat, bearing in mind that an
entry in the directory would not imply official endorsement by the Secretariat of any
such sources;
XI. Marine environment, marine resources and sustainable development
41. Emphasizes once again the importance of the implementation of Part XII
of the Convention in order to protect and preserve the marine environment and its
living marine resources against pollution and physical degradation, and calls upon
all States to cooperate and take measures, directly or through competent
international organizations, for the protection and preservation of the marine
environment;
42. Calls upon States to continue to prioritize action on marine pollution
from land-based sources as part of their national sustainable development strategies
and programmes, in an integrated and inclusive manner, as a means of implementing
the Global Programme of Action for the Protection of the Marine Environment from
Land-based Activities;17
43. Also calls upon States to advance the implementation of the Global
Programme of Action for the Protection of the Marine Environment from Land-
_______________
17 A/51/116, annex II.
A/RES/57/141
9
based Activities and the Montreal Declaration on the Protection of the Marine
Environment from Land-based Activities,18 to enhance maritime safety and the
protection of the marine environment from pollution and other physical impacts, and
to improve the scientific understanding and assessment of marine and coastal
ecosystems as a fundamental basis for sound decision-making through the actions
identified in the Johannesburg Plan of Implementation;
44. Invites all relevant United Nations agencies to review individually their
arrangements for collecting information and data relevant to the marine environment
and for ensuring the quality of those data, using to the fullest possible extent what is
available at the regional level, and to consider collectively how to ensure that
the resulting information and data sets provide, within the constraints of existing
resources, an acceptably consistent, coherent and comprehensive basis for
international decision-making;
45. Decides to establish by 2004 a regular process under the United Nations
for the global reporting and assessment of the state of the marine environment,
including socio-economic aspects, both current and foreseeable, building on existing
regional assessments, and requests the Secretary-General, in close collaboration
with Member States, relevant organizations and agencies and programmes of the
United Nations system, namely, the United Nations Environment Programme, the
Intergovernmental
Oceanographic
Commission,
the
Food
and
Agriculture
Organization of the United Nations, the International Maritime Organization, the
World Health Organization, the International Atomic Energy Agency, the World
Meteorological Organization and the secretariat of the Convention on Biological
Diversity, other competent intergovernmental organizations and relevant non-
governmental organizations, to prepare proposals on modalities for a regular process
for the global reporting and assessment of the state of the marine environment,
drawing, inter alia, upon the work of the United Nations Environment Programme
pursuant to Governing Council decision 21/13, and taking into account the recently
completed review by the Joint Group of Experts on the Scientific Aspects of Marine
Environmental Protection, and to submit these proposals to the General Assembly at
its fifty-eighth session for its consideration and decision, including on the convening
of a possible intergovernmental meeting;
46. Encourages States to ratify or to accede to international agreements to
prevent, reduce, control and eliminate pollution from ships, dumping, the carriage of
hazardous and noxious substances, anti-fouling systems on ships and persistent
organic pollutants, as well as agreements that provide for compensation for damage
resulting from marine pollution;
47. Welcomes the decision of the International Maritime Organization to
approve in principle the concept of a voluntary Model Audit Scheme as a means of
enhancing the performance of member States in implementing appropriate
conventions of the organization relating to maritime safety and the prevention of
maritime pollution, and encourages the organization to continue to develop such a
scheme;
48. Notes with deep concern the extremely serious damage of an
environmental, social and economic nature brought about by oil spills as a result of
recent maritime accidents which have affected several countries, and therefore calls
upon all States and relevant international organizations to adopt all necessary and
_______________
18 E/CN.17/2002/PC.2/15, annex, sect. 1.
A/RES/57/141
10
appropriate measures in accordance with international law to prevent catastrophes of
this kind from occurring in the future;
49. Invites States to cooperate at the regional level to develop regionally
shared goals and timetables in pursuance of the Global Programme of Action for the
Protection of the Marine Environment from Land-based Activities, including
through regional seas conventions;
50. Calls upon States to take measures for the protection and preservation of
coral reefs and to support international efforts in this regard, in particular the
measures outlined in decision VI/3 adopted by the Conference of the Parties to the
Convention on Biological Diversity at its sixth meeting, held in The Hague from 7
to 19 April 2002;19
51. Also calls upon States to develop national, regional and international
programmes for halting the loss of marine biodiversity, in particular fragile
ecosystems;
52. Further calls upon States to accelerate the development of measures to
address the problem of invasive alien species in ballast water, and urges the
International Maritime Organization to finalize the International Convention on the
Control and Management of Ships’ Ballast Water and Sediments;
53. Calls upon States to promote the conservation and management of the
oceans in accordance with chapter 17 of Agenda 21 and other relevant international
instruments, to develop and facilitate the use of diverse approaches and tools,
including the ecosystem approach, the elimination of destructive fishing practices,
the establishment of marine protected areas consistent with international law and
based on scientific information, including representative networks by 2012 and
time/area closures for the protection of nursery grounds and periods, proper coastal
and land use and watershed planning, and the integration of marine and coastal areas
management into key sectors;
54. Welcomes the work of the Food and Agriculture Organization of the
United Nations, which has special knowledge and expertise in various aspects of
fisheries, in implementing the Code of Conduct for Responsible Fisheries,20 for the
conservation and management of fisheries resources;
55. Urges States to take all necessary steps to implement the International
Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing, adopted by the Committee on Fisheries of the Food and Agriculture
Organization of the United Nations,21 including through relevant regional and
subregional fisheries management organizations and arrangements;
56. Encourages relevant international organizations, including the Food and
Agriculture Organization of the United Nations, the International Hydrographic
Organization, the International Maritime Organization, the International Seabed
Authority, the United Nations Environment Programme, the World Meteorological
Organization, the secretariat of the Convention on Biological Diversity and the
United Nations Secretariat (Division for Ocean Affairs and the Law of the Sea),
_______________
19 See UNEP/CBD/COP/6/20, annex I.
20 International Fisheries Instruments with Index (United Nations publication, Sales No. E.98.V.11),
sect. III.
21 See Food and Agriculture Organization of the United Nations, Technical Guidelines for Responsible
Fisheries, no. 9.
A/RES/57/141
11
with the assistance of regional and subregional fisheries organizations, to consider
urgently ways to integrate and improve, on a scientific basis, the management of
risks to marine biodiversity of seamounts and certain other underwater features
within the framework of the Convention;
XII. Regional cooperation
57. Emphasizes the importance of regional organizations and arrangements
for cooperation and coordination in integrated oceans management, and, where there
are separate regional structures for different aspects of oceans management, such as
environmental protection, fisheries management, navigation, scientific research and
maritime delimitation, calls for those different structures, where appropriate, to
work together for optimal cooperation and coordination;
58. Takes note of the Fund for Peace: Peaceful Settlement of Territorial
Disputes established by the General Assembly of the Organization of American
States in 2000 as a primary mechanism, given its broader regional scope, for the
prevention and resolution of pending territorial, land border and maritime boundary
disputes, and also takes note of the Caribbean-focused Trust Fund established by the
Conference on Maritime Delimitation in the Caribbean, held in Mexico City from
6 to 8 May 2002, which is intended to facilitate, mainly as a conduit for technical
assistance, the voluntary undertaking of maritime delimitation negotiations between
Caribbean States, and calls upon States and others in a position to do so to
contribute to these Funds;
59. Also takes note of the Pacific Islands Regional Ocean Policy approved at
the thirty-third meeting of the Pacific Island Forum, held in Suva from 15 to
17 August 2002;22
XIII. Open-ended informal consultative process on oceans and the law of the sea
60. Reaffirms its decision 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, welcomes the work of the Consultative Process over
the past three years, notes the contribution of the Consultative Process to
strengthening the annual debate of the General Assembly on oceans and the law of
the sea, and decides to continue with the Consultative Process for the next three
years, in accordance with resolution 54/33, with a further review of its effectiveness
and utility by the Assembly at its sixtieth session;
61. Requests the Secretary-General to convene the meeting of the
Consultative Process in New York from 2 to 6 June 2003, and to provide it with the
necessary facilities for the performance of its work and to arrange for support to be
provided by the Division for Ocean Affairs and the Law of the Sea, in cooperation
with other relevant parts of the Secretariat, including the Division for Sustainable
Development of the Department of Economic and Social Affairs, as appropriate;
62. Recommends that, in its deliberations on the report of the Secretary-
General on oceans and the law of the sea at its meeting, the Consultative Process
should organize its discussions around the following areas:
_______________
22 See A/57/331, annex 2.
A/RES/57/141
12
(a)
Protecting vulnerable marine ecosystems;
(b)
The safety of navigation; for example, capacity-building for the
production of nautical charts;
as well as issues discussed at previous meetings;
XIV. Inter-agency coordination and cooperation
63. Invites the Secretary-General to establish an effective, transparent and
regular inter-agency coordination mechanism on oceans and coastal issues within
the United Nations system;
64. Recommends that this new mechanism should have a clear mandate and
be established on the basis of principles of continuity, regularity and accountability,
taking into account paragraph 49 of Part A of the report on the work of the
Consultative Process at its third meeting;6
65. Invites Member States and, where appropriate, competent international
organizations to identify focal points for the exchange of practical and
administrative information concerning law of the sea and ocean issues with the
Secretariat;
66. Requests the Secretary-General to bring the present resolution to the
attention of heads of intergovernmental organizations, the specialized agencies and
funds and programmes of the United Nations engaged in activities relating to ocean
affairs and the law of the sea, drawing their attention to paragraphs of particular
relevance to them, and underlines the importance of their constructive and timely
input for the report of the Secretary-General on oceans and the law of the sea and of
their participation in relevant meetings and processes;
67. Invites the competent international organizations, as well as funding
institutions, to take specific account of the present resolution in their programmes
and activities and to contribute to the preparation of the comprehensive report of the
Secretary-General on oceans and the law of the sea;
XV. Activities of the Division for Ocean Affairs and the Law of the Sea
68. Expresses its appreciation to the Secretary-General for the annual
comprehensive report on oceans and the law of the sea,5 prepared by the Division
for Ocean Affairs and the Law of the Sea, as well as for the other activities of the
Division, in accordance with the provisions of the Convention and the mandate set
forth in resolutions 49/28, 52/26, 54/33 and 56/12;
69. Requests
the
Secretary-General
to
continue
to
carry
out
the
responsibilities entrusted to him in the Convention and related resolutions of the
General Assembly, including resolutions 49/28 and 52/26, and to ensure that
appropriate resources are made available to the Division for Ocean Affairs and the
Law of the Sea for the performance of such responsibilities under the approved
budget for the Organization;
70. Invites Member States and others in a position to do so to support the
training activities under the TRAIN-SEA-COAST Programme of the Division for
Ocean Affairs and the Law of the Sea;
A/RES/57/141
13
XVI. Trust funds and fellowships
71. Recognizes the importance of the trust funds established by the
Secretary-General pursuant to resolution 55/7 for the purpose of assisting States in
the settlement of disputes through the Tribunal,23 and of assisting developing
countries, in particular the least developed countries and small island developing
States, in the preparation of submissions to the Commission in compliance with
article 76 of the Convention,24 in defraying the cost of participation of Commission
members in the meetings of the Commission,25 and in attending the meetings of the
Consultative Process,26 as well as other trust funds27 established for the purpose of
assisting States in the implementation of the Convention, and invites States,
intergovernmental
organizations
and
agencies,
national
institutions,
non-
governmental organizations and international financial institutions, as well as
natural and juridical persons, to make voluntary financial or other contributions to
these trust funds;
72. Invites Member States and others in a position to do so to contribute to
the further development of the Hamilton Shirley Amerasinghe Memorial Fellowship
Programme on the Law of the Sea established by the General Assembly in its
resolution 35/116 of 10 December 1980;
XVII. Fifty-eighth session of the General Assembly
73. Requests the Secretary-General to report to the General Assembly at its
fifty-eighth session on the implementation of the present resolution, including other
developments and issues relating to ocean affairs and the law of the sea, in
connection with his annual comprehensive report on oceans and the law of the sea,
and to provide the report in accordance with the modalities set out in resolutions
49/28, 52/26 and 54/33, and also requests the Secretary-General to make the report
available, in its current comprehensive format, at least six weeks in advance of the
meeting of the Consultative Process;
74. Decides to include in the provisional agenda of its fifty-eighth session
the item entitled “Oceans and the law of the sea”.
74th plenary meeting
12 December 2002
_______________
23 See resolution 55/7, para. 9.
24 Ibid., para. 18.
25 Ibid., para. 20.
26 Ibid., para. 45.
27 See ISBA/8/A/11, para. 12.
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