A/RES/60/30 GA
Oceans and the law of the sea
60
Session
141
Yes
1
No
4
Abstentions
| Draft symbol | A/60/L.22 |
|---|---|
| Adopted symbol | A/RES/60/30 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| Sponsors (1) | |
| P5 Positions |
|
| UN Document | A/RES/60/30 ↗ |
Vote Recorded Vote — A/60/PV.56
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Albania
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Azerbaijan
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Benin
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Bhutan
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Burundi
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Chad
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Comoros
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Congo
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Democratic People's Republic of Korea
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Democratic Republic of the Congo
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El Salvador
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Equatorial Guinea
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Fiji
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Gabon
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Gambia
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Ghana
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Guyana
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Haiti
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Iraq
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Jordan
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Kiribati
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Lesotho
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Malawi
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Mozambique
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Nauru
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Nepal
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Niger
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Rwanda
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Sao Tome and Principe
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Senegal
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Seychelles
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Sierra Leone
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Somalia
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South Africa
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Eswatini
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Switzerland
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Syrian Arab Republic
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North Macedonia
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Timor-Leste
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Turkmenistan
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Uganda
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Uzbekistan
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Vanuatu
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Zambia
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Zimbabwe
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Afghanistan
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Algeria
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Andorra
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Angola
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Antigua and Barbuda
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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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Belarus
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Belgium
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Belize
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Plurinational State of Bolivia
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Bosnia and Herzegovina
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Botswana
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Brazil
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Brunei Darussalam
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Bulgaria
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Burkina Faso
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Cambodia
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Cameroon
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Canada
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Cabo Verde
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Central African Republic
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Chile
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China
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Costa Rica
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Côte d'Ivoire
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Croatia
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Cuba
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Cyprus
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Czechia
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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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Egypt
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Eritrea
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Estonia
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Ethiopia
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Finland
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France ⚠
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Georgia
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Germany
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Greece
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Grenada
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Guatemala
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Guinea
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Guinea-Bissau
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Honduras
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Hungary
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Iceland
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India
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Indonesia
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Islamic Republic of Iran
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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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Kyrgyzstan
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Lao People's Democratic Republic
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Latvia
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Lebanon
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Liberia
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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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Mali
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Malta
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Marshall Islands ⚠
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Mauritania
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Mauritius
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Mexico
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Micronesia (Federated States of) ⚠
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Monaco
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Mongolia
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Morocco
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Myanmar
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Namibia
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Netherlands
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New Zealand
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Nicaragua
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Nigeria
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Norway
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Oman
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Pakistan
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Palau ⚠
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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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Republic of Korea
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Moldova
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Romania
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Russian Federation
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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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Samoa
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San Marino
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Saudi Arabia
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Serbia and Montenegro
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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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Spain
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Sri Lanka
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Sudan
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Suriname
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Sweden
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Tajikistan
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Thailand
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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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Tuvalu
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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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Yemen
Speeches following this vote (5)
The President
We turn next to draft resolution A/60/L.23, entitled “Sustainable fisheries, including through the 1995 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, and related instruments”.
The following countries have been adde…
The President
Before giving the floor to speakers in explanation of vote after the vote, may I remind delegations that explanations of vote are limited to 10 minutes. They should be made by delegations from their seats.
The delegation of Chile has joined the consensus for the adoption of the draft resolution on sustainable fisheries, contained in A/60/L.23, with the following understanding.
The United Nations Convention on the Law of the Sea contains independent and comprehensive standards on high seas fishing that are fully valid in themselves. We have been able to join the consensus with respect to the 1995 A…
Barbados firmly supports the sentiments expressed in paragraph 46 of resolution A/60/L.22, which is virtually identical to paragraph 56 (o) of the World Summit Outcome (resolution 60/1). We particularly support the emphasis on dialogue among States on the development of international regulatory regimes to enhance safety, disclosure, liability, security and compensation in relation to the transpor…
The President
We have heard the last speaker explain their vote after the vote. May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 75 and its sub-items (a) and (b)?
Full text of resolution
United Nations
A/RES/60/30
General Assembly
Distr.: General
8 March 2006
Sixtieth session
Agenda item 75 (a)
05-48934
Resolution adopted by the General Assembly on 29 November 2005
[without reference to a Main Committee (A/60/L.22 and Add.1)]
60/30. 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, 57/141 of 12 December 2002, 58/240 of
23 December 2003, 59/24 of 17 November 2004 and other relevant resolutions
concerning the United Nations Convention on the Law of the Sea (“the
Convention”),1
Having considered the report of the Secretary-General,2 the addendum thereto3
and also the reports on the sixth meeting of the United Nations Open-ended
Informal Consultative Process on Oceans and the Law of the Sea (“the Consultative
Process”), 4 the second International Workshop on the regular process for global
reporting and assessment of the state of the marine environment, including socio-
economic aspects,5 and the fifteenth Meeting of States Parties to the Convention,6
Emphasizing the pre-eminent contribution provided by the Convention to the
strengthening of peace, security, cooperation and friendly relations among all
nations in conformity with the principles of justice and equal rights and to the
promotion of the economic and social advancement of all peoples of the world, in
accordance with the purposes and principles of the United Nations as set forth in the
Charter of the United Nations, as well as for the sustainable development of the
oceans and seas,
Emphasizing also the universal and unified character of the Convention, and
reaffirming that the Convention sets out the legal framework within which all
activities in the oceans and seas must be carried out, and that its integrity needs to
_______________
1 United Nations, Treaty Series, vol. 1833, No. 31363.
2 A/60/63.
3 A/60/63/Add.2.
4 A/60/99.
5 A/60/91.
6 SPLOS/135.
A/RES/60/30
2
be maintained, as recognized also by the United Nations Conference on
Environment and Development in chapter 17 of Agenda 21,7
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, and reaffirming the need to improve cooperation and coordination at
national, regional and global levels, in accordance with the Convention, to support
and supplement the efforts of each State in promoting the implementation and
observance of the Convention, and the integrated management and sustainable
development of the oceans and seas,
Reiterating the essential need for cooperation, including through capacity-
building and transfer of marine technology, to ensure that all States, especially
developing countries, in particular the least developed countries and small island
developing States, as well as coastal African 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,
through cooperation programmes with Governments, to the development of national
capacity in marine science and the sustainable management of the oceans and their
resources,
Recalling that marine science is important for eradicating poverty, contributing
to food security, conserving the world’s marine environment and resources, helping
to understand, predict and respond to natural events and promoting the sustainable
development of the oceans and seas, by improving knowledge, through sustained
research efforts and the evaluation of monitoring results, and applying such
knowledge to management and decision-making,
Recalling also its decision, in resolutions 57/141 and 58/240, to establish 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, as recommended by the
World Summit on Sustainable Development,8 and noting the need for cooperation
among all States to this end,
Reiterating its concern at the adverse impacts on the marine environment and
biodiversity, in particular on vulnerable marine ecosystems, including corals, of
human activities, such as overutilization of living marine resources, the use of
destructive practices, physical impacts by ships, the introduction of alien invasive
species and marine pollution from all sources, including from land-based sources
and vessels, in particular through the illegal discharge of oil and other harmful
substances, the loss or release of fishing gear and the dumping of hazardous waste
such as radioactive materials, nuclear waste and dangerous chemicals,
_______________
7 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June
1992, vol. I, Resolutions Adopted by the Conference (United Nations publication, Sales No. E.93.I.8 and
corrigendum), resolution 1, annex II.
8 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, para. 36 (b).
A/RES/60/30
3
Recognizing that hydrographic surveys and nautical charting are critical to the
safety of navigation and life at sea, environmental protection, including the
protection of vulnerable marine ecosystems, and the economics of the global
shipping industry, and recognizing also in this regard that the move towards
electronic charting not only provides significantly increased benefits for safe
navigation and management of ship movement, but also provides data and
information that can be used for sustainable fisheries activities and other sectoral
uses of the marine environment, the delimitation of maritime boundaries and
environmental protection,
Noting with concern the continuing problem of transnational organized crime
and threats to maritime safety and security, including piracy, armed robbery at sea
and smuggling, and noting the deplorable loss of life and adverse impact on
international trade resulting from such activities,
Noting the important role of the Commission on the Limits of the Continental
Shelf (“the Commission”) in assisting States parties in the implementation of
Part VI of the Convention, through the examination of information submitted by
coastal States regarding the outer limits of the continental shelf beyond 200 nautical
miles, and also noting the need to ensure the effective functioning of the
Commission during a period of rapidly increasing workload, and noting in particular
the need to ensure participation of the members of the Commission in its
subcommissions,
Recognizing the importance and the contribution of the work over the past six
years of the Consultative Process established by resolution 54/33 to facilitate the
annual review of developments in ocean affairs by the General Assembly and
extended for three years by resolution 57/141,
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 increase in activities of the Division for Ocean
Affairs and the Law of the Sea of the Office of Legal Affairs of the Secretariat (“the
Division”), in particular in view of the growing number of requests to the Division
for additional outputs and servicing of meetings, the increasing capacity-building
activities and assistance to the Commission, and the role of the Division in inter-
agency coordination and cooperation,
Emphasizing that underwater archaeological, cultural and historical heritage,
including shipwrecks and watercrafts, holds essential information on the history of
humankind and that such heritage is a resource that needs to be protected and
preserved,
I
Implementation of the Convention and related agreements and instruments
1.
Reaffirms its resolutions 49/28, 52/26, 54/33, 57/141, 58/240, 59/24 and
other relevant resolutions concerning the Convention;1
2.
Calls upon all States that have not done so, in order to achieve the goal
of universal participation, to become parties to the Convention, and the Agreement
A/RES/60/30
4
relating to the Implementation of Part XI of the United Nations Convention on the
Law of the Sea of 10 December 1982 (“the Agreement”);9
3.
Calls upon all States that have not done so, in order to achieve the goal
of universal participation, to become parties to 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 (“the Fish Stocks
Agreement”);10
4.
Reaffirms the unified character of the Convention and the need to
preserve its integrity;
5.
Once again calls upon States to harmonize, as a matter of priority, their
national legislation with the provisions of the Convention and, where applicable,
relevant agreements and instruments, 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 do not purport
to exclude or to modify the legal effect of the provisions of the Convention in their
application to the State concerned and to withdraw any such declarations or
statements;
6.
Calls upon States parties to the Convention to deposit with the Secretary-
General charts or lists of geographical coordinates, as provided for in the
Convention;
7.
Urges all States to cooperate, directly or through competent international
bodies, in taking measures to protect and preserve objects of an archaeological and
historical nature found at sea, in conformity with the Convention, and calls upon
States to work together on such diverse challenges and opportunities as the
appropriate relationship between salvage law and scientific management and
conservation of underwater cultural heritage, increasing technological abilities to
discover and reach underwater sites, looting and growing underwater tourism;
8.
Notes the effort made by the United Nations Educational, Scientific and
Cultural Organization with respect to the preservation of underwater cultural
heritage, and notes in particular the rules annexed to the 2001 Convention on the
Protection of the Underwater Cultural Heritage 11 that address the relationship
between salvage law and scientific principles of management, conservation and
protection of underwater cultural heritage among parties, their nationals and vessels
flying their flag;
II
Capacity-building
9.
Calls upon donor agencies and international financial institutions 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
_______________
9 United Nations, Treaty Series, vol. 1836, No. 31364.
10 Ibid., vol. 2167, No. 37924.
11 United Nations Educational, Scientific and Cultural Organization, Records of the General Conference,
Thirty-first Session, Paris, 15 October–3 November 2001, vol. 1 and corrigendum: Resolutions, resolution
24, annex.
A/RES/60/30
5
objectives of the present resolution, as well as the sustainable development of the
oceans and seas nationally, regionally and globally, and in so doing to bear in mind
the interests and needs of landlocked developing States;
10. Encourages intensified efforts to build capacity for developing countries,
in particular for the least developed countries and small island developing States, as
well as coastal African States, to improve hydrographic services and the production
of nautical charts, including electronic charts, as well as the mobilization of
resources and building of capacity with support from international financial
institutions and the donor community;
11. Calls upon States and international financial institutions, including
through bilateral, regional and global 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;
12. Recognizes the need to build the capacity of developing States to raise
awareness of, and support implementation of, improved waste management
practices, noting the particular vulnerability of small island developing States to the
impact of marine pollution from land-based sources and marine debris;
13. Also recognizes the importance of assisting developing States, in
particular the least developed countries and small island developing States, in
implementing the Convention, and urges 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 the trust funds, as referred to in
resolution 57/141, established for this purpose;
14. Encourages States to use the Criteria and Guidelines on the Transfer of
Marine Technology, adopted by the Assembly of the Intergovernmental
Oceanographic Commission of the United Nations Educational, Scientific and
Cultural Organization;12
15. Also encourages States to assist developing States, and especially the
least developed countries and small island developing States, as well as coastal
African States, on a bilateral and, where appropriate, regional level, in the
preparation of submissions to the Commission regarding the establishment of the
outer limits of the continental shelf beyond 200 nautical miles, including the
assessment of the nature and extent of the continental shelf of a coastal State
through a desktop study, and the delineation of the outer limits of its continental
shelf;
16. Commends with satisfaction the Division upon the completion of the
training manual, notes with appreciation the successful conduct of two regional
training courses, and welcomes the intention to conduct two additional training
courses before mid-2006, the purpose of which is to train technical staff of coastal
developing States on the delineation of the outer limits of the continental shelf
beyond 200 nautical miles and on the preparation of submissions to the
Commission;
_______________
12 See Intergovernmental Oceanographic Commission, document IOC/INF-1203.
A/RES/60/30
6
17. Requests the Secretary-General, in cooperation with States and relevant
international organizations and institutions, to continue making such training
courses available at the regional and also the subregional and national levels, as
appropriate;
18. Invites Member States and others in a position to do so to support the
capacity-building activities of the Division, including, in particular, the training
activities to assist developing States in the preparation of their submissions to the
Commission, and invites Member States and others in a position to do so to
contribute to the new trust fund established by the Secretary-General for the Office
of Legal Affairs of the Secretariat to support the promotion of international law;
19. Recognizes the importance of the Hamilton Shirley Amerasinghe
Memorial Fellowship Programme on the Law of the Sea, urges Member States and
others in a position to do so to contribute to the further development of the
Fellowship Programme, and takes note with satisfaction of the ongoing
implementation of the United Nations and the Nippon Foundation Fellowship
Programme, focusing on human resources development for developing coastal
States parties and non-parties to the Convention in the field of ocean affairs and the
law of the sea or related disciplines;
III
Meeting of States Parties
20. Welcomes the report of the fifteenth Meeting of States Parties to the
Convention;6
21. Requests the Secretary-General to convene the sixteenth Meeting of
States Parties to the Convention in New York from 19 to 23 June 2006 and to
provide the services required;
IV
Peaceful settlement of disputes
22. Notes with satisfaction the continued and significant contribution of the
International Tribunal for the Law of the Sea (“the Tribunal”) to the settlement of
disputes by peaceful means in accordance with Part XV of the Convention, and
underlines the important role and authority of the Tribunal concerning the
interpretation or application of the Convention and the Agreement;
23. Notes that States parties to an international agreement related to the
purposes of the Convention may submit to, inter alia, the Tribunal or the
International Court of Justice any dispute concerning the interpretation or
application of that agreement which is submitted to it in accordance with that
agreement, and notes also the possibility, provided for in the statutes of the Tribunal
and the Court, to submit disputes to a chamber;
24. 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;
25. Encourages States parties to the Convention that have not yet done so to
consider making a written declaration choosing from the means set out in article 287
of the Convention for the settlement of disputes concerning the interpretation or
application of the Convention and the Agreement;
A/RES/60/30
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V
The Area
26. Notes with satisfaction the progress of the discussions on issues relating
to the regulations for prospecting and exploration for polymetallic sulphides and
cobalt-rich ferromanganese crusts in the Area, and reiterates the importance of the
ongoing elaboration by the International Seabed Authority (“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;
27. Takes note of the decision of the Council of the Authority13 to approve a
plan of work for exploration of polymetallic nodules submitted by a new contractor,
which is an important step towards the utilization of the resources in the Area;
28. Also takes note of the importance of the responsibilities entrusted to the
Authority by articles 143 and 145 of the Convention, which refer to marine
scientific research and protection of the marine environment respectively;
VI
Effective functioning of the Authority and the Tribunal
29. 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;
30. Encourages all States parties to the Convention to attend the sessions of
the Authority, and calls upon the Authority to pursue all options, including the issue
of dates, in order to improve attendance in Kingston and ensure global participation;
31. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 14 and to the
Protocol on the Privileges and Immunities of the Authority;15
VII
The continental shelf and the work of the Commission
32. Encourages States parties to the Convention that are in a position to do
so to make every effort to submit information to the Commission regarding the
establishment of the outer limits of the continental shelf beyond 200 nautical miles,
in conformity with article 76 of the Convention and article 4 of annex II to the
Convention, taking into account the decision of the eleventh Meeting of States
Parties to the Convention;16
33. Notes with satisfaction the progress in the work of the Commission, 17
that it is giving current consideration to three new submissions that have been made
regarding the establishment of the outer limits of the continental shelf beyond
_______________
13 ISBA/11/C/10.
14 SPLOS/25.
15 ISBA/4/A/8, annex.
16 SPLOS/72.
17 CLCS/44 and CLCS/48 and Corr.1.
A/RES/60/30
8
200 nautical miles, and that a number of States have advised of their intention to
make submissions in the near future;
34. Approves the convening by the Secretary-General of the seventeenth
session of the Commission in New York from 20 March to 21 April 2006, and of the
eighteenth session of the Commission in New York from 21 August to 15 September
2006, on the understanding that the following periods will be used for the technical
examination of submissions at the Geographic Information System laboratories and
other technical facilities of the Division: 20 to 31 March 2006; 10 to 21 April 2006;
23 August to 5 September 2006; and 11 to 15 September 2006;
35. Takes note of the steps undertaken by the Secretariat to improve the
facilities for the use by the Commission, as well as of the additional requirements of
the Commission,3 and urges the Secretary-General to continue taking all necessary
actions to ensure that the Commission can fulfil the functions entrusted to it under
the Convention in light of its rapidly increasing workload;
36. Encourages States to make additional contributions to the voluntary trust
funds established by resolution 55/7 of 30 October 2000, in its paragraphs 18 and
20, for the purpose of facilitating the preparation of submissions to the Commission
for developing States, in particular the least developed countries and small island
developing States, and compliance with article 76 of the Convention, and for the
purpose of defraying the cost of participation of the members of the Commission
from developing States in the meetings of the Commission;
37. Expresses its firm conviction about the importance of the work of the
Commission, carried out in accordance with the Convention, including with respect
to the participation of the coastal State in relevant proceedings concerning its
submission;
38. Takes note of the amendment to annex 3 to the rules of procedure of the
Commission that allows for enhanced interaction between submitting States and the
Commission;
39. Encourages States to continue exchanging views in order to increase
understanding of issues, including expenditures involved, arising from the
application of article 76 of the Convention, thus facilitating preparation of
submissions by States, in particular developing States, to the Commission;
40. Requests the Secretary-General, in cooperation with the Member States,
to continue supporting and organizing workshops or symposiums on scientific and
technical aspects of the establishment of the outer limits of the continental shelf
beyond 200 nautical miles, taking into account the deadline for submission;
VIII
Maritime safety and security and flag State implementation
41. Encourages States to ratify or accede to international agreements
addressing the safety and security of navigation and to adopt the necessary measures
consistent with the Convention, aimed at implementing and enforcing the rules
contained in those agreements;
A/RES/60/30
9
42. Also encourages States to draw up plans and to establish procedures to
implement the Guidelines on Places of Refuge for Ships in Need of Assistance;18
43. Welcomes the convening of the ninety-fourth (Maritime) session of the
International Labour Conference, from 7 to 23 February 2006, to adopt the
consolidated maritime labour convention;
44. Also welcomes the efforts undertaken by the International Maritime
Organization and the International Labour Organization to develop guidelines on
fair treatment of seafarers in the event of a maritime accident, as a way of enhancing
the protection of the basic human rights of seafarers detained in connection with
maritime accidents;
45. Notes the progress in the implementation of the Action Plan for the
Safety of Transport of Radioactive Material, approved by the Board of Governors of
the International Atomic Energy Agency in March 2004, 19 and encourages States
concerned to continue their efforts in the implementation of all areas of the Action
Plan;
46. Also notes that cessation of the transport of radioactive materials through
the regions of small island developing States is an ultimate desired goal of small
island developing States and some other countries, and recognizes the right of
freedom of navigation in accordance with international law. States should maintain
dialogue and consultation, in particular under the aegis of the International Atomic
Energy Agency and the International Maritime Organization, with the aim of
improved mutual understanding, confidence-building and enhanced communication
in relation to the safe maritime transport of radioactive materials. States involved in
the transport of such materials are urged to continue to engage in dialogue with
small island developing States and other States to address their concerns. These
concerns include the further development and strengthening, within the appropriate
forums, of international regulatory regimes to enhance safety, disclosure, liability,
security and compensation in relation to such transport;20
47. Once
again
urges
flag
States
without
an
effective
maritime
administration and appropriate legal frameworks to establish or enhance the
necessary infrastructure, legislative and enforcement capabilities to ensure effective
compliance with, and implementation and enforcement of, their responsibilities
under international law and, until such action is undertaken, to consider declining
the granting of the right to fly their flag to new vessels, suspending their registry or
not opening a registry, and calls upon flag and port States to take all measures
consistent with international law necessary to prevent the operation of substandard
vessels;
48. Welcomes the progress made by the International Maritime Organization
on the establishment of a voluntary International Maritime Organization member
State audit scheme, and looks forward to its further development within the
International Maritime Organization;
49. Looks forward to the results of the ongoing work of the International
Maritime Organization in cooperation with other competent international
organizations, following the invitation extended to it in resolution 58/240 and
_______________
18 International Maritime Organization, Assembly resolution A.949(23).
19 See www-ns.iaea.org/meetings/rw-summaries/vienna-transport-safety-2003.htm.
20 Resolution 60/1, para. 56 (o).
A/RES/60/30
10
resolution 58/14 of 24 November 2003, to examine and clarify the role of the
“genuine link” in relation to the duty of flag States to exercise effective control over
ships flying their flag, including fishing vessels, and the potential consequences of
non-compliance with duties and obligations of flag States described in relevant
international instruments;
50. Encourages States to cooperate to address threats to maritime safety and
security, including piracy, armed robbery at sea, smuggling and terrorist acts against
shipping, offshore installations and other maritime interests, through bilateral and
multilateral instruments and mechanisms aimed at monitoring, preventing and
responding to such threats;
51. Urges all States, in cooperation with the International Maritime
Organization, to combat piracy and armed robbery at sea by adopting measures,
including those relating to assistance with capacity-building through training of
seafarers, port staff and enforcement personnel in the prevention, reporting and
investigation of incidents, bringing the alleged perpetrators to justice, in accordance
with international law, and by adopting national legislation, as well as providing
enforcement vessels and equipment and guarding against fraudulent ship
registration;
52. Urges States to become parties to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the
Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the
Continental Shelf, 21 takes note of the adoption of the 2005 Protocols amending
those instruments on 14 October 2005, 22 and also urges States parties to take
appropriate measures to ensure the effective implementation of those instruments,
through the adoption of legislation, where appropriate;
53. Calls upon States to effectively implement the International Ship and
Port Facility Security Code and related amendments to the International Convention
for the Safety of Life at Sea, 23 and to work with the International Maritime
Organization to promote safe and secure shipping while ensuring freedom of
navigation;
54. Also calls upon States to ensure freedom of navigation and the rights of
transit passage and innocent passage in accordance with international law, in
particular the Convention;
55. Welcomes the work of the International Maritime Organization relating to
the protection of shipping lanes of strategic importance and significance, and in
particular in enhancing the safety, security and environmental protection in straits
used for international navigation, and calls upon the International Maritime
Organization, States bordering straits and user States to continue their cooperation
efforts to keep such straits safe and open to international navigation at all times,
consistent with international law, in particular the Convention;
56. Calls upon user States and States bordering straits for international
navigation to cooperate by agreement on matters relating to navigational safety,
including safety aids for navigation, and the prevention, reduction and control of
pollution from ships;
_______________
21 International Maritime Organization publication, Sales No. 462.88.12.E.
22 International Maritime Organization, documents LEG/CONF.15/21 and LEG/CONF.15/22.
23 Ibid., documents SOLAS/CONF.5/32 and 34.
A/RES/60/30
11
57. Welcomes the progress in regional cooperation in some geographical
areas, through the Jakarta Statement on Enhancement of Safety, Security and
Environmental Protection in the Straits of Malacca and Singapore, adopted on
8 September 2005,24 and the Regional Cooperation Agreement on Combating Piracy
and Armed Robbery against Ships in Asia, adopted on 11 November 2004 in Tokyo,
and urges States to give urgent attention to adopting, concluding and implementing
cooperation agreements at the regional level in high-risk areas;
58. 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 25 and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational
Organized Crime, 26 and to take appropriate measures to ensure their effective
implementation;
59. Calls upon States to cooperate to ensure that persons are rescued at sea
and delivered to a place of safety, and urges States to take all necessary measures to
ensure the effective implementation of the amendments to the International
Convention on Maritime Search and Rescue27 and to the International Convention
for the Safety of Life at Sea28 relating to the delivery of persons rescued at sea to a
place of safety, upon their entry into force, as well as of the associated Guidelines
on the Treatment of Persons Rescued at Sea;29
60. Welcomes the adoption by the International Hydrographic Organization
of the “World Hydrography Day”, to be celebrated annually on 21 June, with the
aim of giving suitable publicity to its work at all levels and of increasing the
coverage of hydrographic information on a global basis, and urges all States to work
with that organization to promote safe navigation, especially in the areas of
international navigation, ports and where there are vulnerable or protected marine
areas;
IX
Marine environment, marine resources, marine biodiversity and
the protection of vulnerable marine ecosystems
61. 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;
62. Encourages States to ratify or accede to international agreements
addressing the protection and preservation of the marine environment and its living
marine resources against pollution and physical degradation, as well as agreements
_______________
24 A/60/529, annex II.
25 Resolution 55/25, annex III.
26 Ibid., annex II.
27 International Maritime Organization, document MSC/78/26/Add.1, annex 5, resolution MSC.155(78).
28 Ibid., annex 3, resolution MSC.153(78).
29 Ibid., annex 34, resolution MSC.167(78).
A/RES/60/30
12
that provide for compensation for damage resulting from marine pollution, and to
adopt the necessary measures consistent with the Convention, aimed at
implementing and enforcing the rules contained in those agreements;
63. Also encourages States to ratify or accede to the 1996 Protocol to the
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter, 1972,30 in order to ensure the timely entry into force of the Protocol;
64. Further encourages States, in accordance with the Convention and other
relevant instruments, either bilaterally or regionally, to jointly develop and promote
contingency plans for responding to pollution incidents, as well as other incidents
that are likely to have significant adverse effects on the marine environment and
biodiversity;
65. Notes the lack of information and data on marine debris, encourages
relevant national and international organizations to undertake further studies on the
extent and nature of the problem, also encourages States to develop partnerships
with industry and civil society to raise awareness of the extent of the impact of
marine debris on the health and productivity of the marine environment and
consequent economic loss;
66. Urges States to integrate the issue of marine debris into national
strategies dealing with waste management in the coastal zone, ports and maritime
industries, including recycling, reuse, reduction and disposal, and to encourage the
development of appropriate economic incentives to address this issue, including the
development of cost recovery systems that provide an incentive to use port reception
facilities and discourage ships from discharging marine debris at sea, and
encourages States to cooperate regionally and subregionally to develop and
implement joint prevention and recovery programmes for marine debris;
67. Invites the International Maritime Organization, in consultation with
relevant organizations and bodies, to review annex V to the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto, and to assess its effectiveness in addressing sea-
based sources of marine debris;
68. Welcomes the continued work of the International Maritime Organization
relating to port waste reception facilities, and notes the work done to identify
problem areas and to develop an action plan addressing the inadequacy of such
facilities;
69. Calls upon States to take all appropriate measures to control, reduce and
minimize, to the fullest extent possible, marine pollution from land-based sources as
part of their national sustainable development strategies and programmes, in an
integrated and inclusive manner, and to advance the implementation of the Global
Programme of Action for the Protection of the Marine Environment from Land-
based Activities 31 and the Montreal Declaration on the Protection of the Marine
Environment from Land-based Activities;32
70. Welcomes the convening in Beijing of the Second Intergovernmental
Review Meeting of the Global Programme of Action for the Protection of the
_______________
30 IMO/LC.2/Circ.380.
31 A/51/116, annex II.
32 See A/57/57, annex I.B.
A/RES/60/30
13
Marine Environment from Land-based Activities, from 16 to 20 October 2006, as an
opportunity to discuss marine debris in relation to the source categories of the
Global Programme of Action, and urges broad high-level participation;
71. Also welcomes the continued work of States, the United Nations
Environment Programme and regional organizations in the implementation of the
Global Programme of Action, and encourages increased emphasis on the link
between freshwater, the coastal zone and marine resources in the implementation of
international development goals, including those contained in the United Nations
Millennium Declaration
33 and of the time-bound targets in the Plan of
Implementation of the World Summit on Sustainable Development (“Johannesburg
Plan of Implementation”),34 in particular the target on sanitation, and the Monterrey
Consensus of the International Conference on Financing for Development;35
72. Notes the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity, 36 and the Convention on Biological Diversity elaborated
programme of work on marine and coastal biological diversity;37
73. Reaffirms the need for States and competent international organizations
to urgently consider ways to integrate and improve, based on the best available
scientific information and in accordance with the Convention and related
agreements and instruments, the management of risks to the marine biodiversity of
seamounts, cold water corals, hydrothermal vents and certain other underwater
features;
74. Also reaffirms the need for States to continue their efforts to develop and
facilitate the use of diverse approaches and tools for conserving and managing
vulnerable marine ecosystems, including the possible establishment of marine
protected areas, consistent with international law and based on the best scientific
information available, and the development of representative networks of any such
marine protected areas by 2012;
75. Notes the work of States, relevant intergovernmental organizations and
bodies, including the Convention on Biological Diversity, in the assessment of
scientific information on, and compilation of ecological criteria for the
identification of, marine areas that require protection, in light of the objective of the
World Summit on Sustainable Development to develop and facilitate the use of
diverse approaches and tools such as the establishment of marine protected areas
consistent with international law and based on scientific information, including
representative networks by 2012;
76. Also notes the Millennium Ecosystem Assessment Synthesis reports and
the urgent need to protect the marine biodiversity expressed therein;
77. Calls upon States and international organizations to urgently take action
to address, in accordance with international law, destructive practices that have
_______________
33 See resolution 55/2.
34 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.
35 Report of the International Conference on Financing for Development, Monterrey, Mexico,
18–22 March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex.
36 See A/51/312, annex II, decision II/10.
37 UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.
A/RES/60/30
14
adverse impacts on marine biodiversity and ecosystems, including seamounts,
hydrothermal vents and cold water corals;
78. Takes note of the report of the Secretary-General relating to the
conservation and sustainable use of marine biological diversity beyond areas of
national jurisdiction, 38 prepared and released in response to the request in
paragraph 74 of resolution 59/24;
79. Decides that the meeting of the Ad Hoc Open-ended Informal Working
Group established in paragraph 73 of resolution 59/24 shall be open to all States
Members of the United Nations and all parties to the Convention, with others
invited as observers in accordance with past practice of the United Nations, and
noting that the meeting may be conducted in closed sessions, as appropriate;
80. Decides also that the meeting of the Working Group shall be coordinated
by two co-chairpersons, who will be appointed by the President of the General
Assembly in consultation with Member States and taking into account the need for
representation from developed and developing countries;
81. Reiterates its support for the International Coral Reef Initiative, takes
note of the International Coral Reef Initiative General Meeting, held in Mahe,
Seychelles, from 25 to 27 April 2005, supports the work under the Jakarta Mandate
on Marine and Coastal Biological Diversity and the elaborated programme of work
on marine and coastal biological diversity related to coral reefs, and notes the
progress that the International Coral Reef Initiative and other relevant bodies have
made to incorporate cold water coral ecosystems into their programmes and
activities and to promote the conservation and sustainable use of all coral reef
resources;
82. Encourages States to cooperate, directly or through competent
international bodies, in exchanging information in the event of accidents involving
vessels on coral reefs and in promoting the development of economic assessment
techniques for both restoration and non-use values of coral reef systems;
83. Emphasizes the need to mainstream sustainable coral reef management
and integrated watershed management into national development strategies, as well
as into the activities of relevant United Nations agencies and programmes,
international financial institutions and the donor community;
84. Encourages further studies and consideration of the impacts of ocean
noise on marine living resources;
X
Marine science
85. Calls upon States, individually, or in collaboration with each other or
with relevant international organizations and bodies, to improve understanding and
knowledge of the deep sea, including, in particular, the extent and vulnerability of
deep sea biodiversity and ecosystems, by increasing their marine scientific research
activities in accordance with the Convention;
86. Notes the contribution of the Census of Marine Life to marine
biodiversity research, and encourages participation in this initiative;
_______________
38 A/60/63/Add.1.
A/RES/60/30
15
87. Takes note with appreciation of the work of the Advisory Body of
Experts on the Law of the Sea of the Intergovernmental Oceanographic Commission
on the practice of States members of the Commission in the application of Parts XIII
and XIV of the Convention, and notes the recommendations endorsed by the
Commission as a result of this work;
88. Welcomes the adoption by the Assembly of the Intergovernmental
Oceanographic Commission of the procedure for the application of article 247 of the
Convention by the Commission;39
XI
Regular process for global reporting and assessment of the state
of the marine environment, including socio-economic aspects
89. Endorses the conclusions of the second International Workshop on the
regular process for global reporting and assessment of the state of the marine
environment, including socio-economic aspects (“the regular process”);40
90. Decides to launch the start-up phase, the “assessment of assessments”, to
be completed within two years, as a preparatory stage towards the establishment of
the regular process;
91. Decides also to establish an organizational arrangement that includes an
ad hoc steering group to oversee the execution of the “assessment of assessments”,
two United Nations agencies to co-lead the process, and a group of experts;
92. Establishes the Ad Hoc Steering Group with the following composition:
(a)
One representative from each Member State to be appointed by the
President of the General Assembly, in consultation with Member States and regional
groups, ensuring an adequate range of expertise, and on an equitable geographical
basis as follows: five Member States from the African Group, five Member States
from the Asian Group, two Member States from the Eastern European Group, three
Member States from the Latin American and Caribbean Group, and three Member
States from the Western European and other States Group, with the understanding
that agency funding support for such experts is subject to availability of funds;
(b)
One representative from each of the following United Nations bodies and
related international organizations: the Food and Agriculture Organization of the
United Nations, the World Meteorological Organization, the International Maritime
Organization, the Intergovernmental Oceanographic Commission and the United
Nations Environment Programme, as well as the International Seabed Authority;
93. Sets forth the following functions to be performed by the Ad Hoc
Steering Group:
(a)
To approve the composition of the group of experts to be proposed by the
lead agencies and communicate this composition to the States Members of the
United Nations;
_______________
39 See resolution XXIII-8, adopted at the twenty-third session of the Assembly of the Intergovernmental
Oceanographic Commission.
40 A/60/91, annex.
A/RES/60/30
16
(b)
To decide on a work programme for the “assessment of assessments”, to
be proposed by the group of experts through the lead agencies, and to distribute it to
the States Members of the United Nations;
(c)
To provide for an open-ended mid-term review of the work and progress
made so far, in order to give all States Members of the United Nations an
opportunity to comment on and contribute to the development of the ongoing work
carried out under the “assessment of assessments”;
(d)
To give guidance, consistent with the conclusions of the second
International Workshop, to the lead agencies and the group of experts, if required;
94. Determines that the lead agencies shall undertake the following actions,
under the guidance of the Ad Hoc Steering Group, in addition to contributing to the
work in accordance with their own mandate:
(a)
To provide secretariat services to the Ad Hoc Steering Group;
(b)
To coordinate the work in collaboration with relevant United Nations
bodies, organizations and programmes and related international organizations;
(c)
To establish a group of experts, upon approval by the Ad Hoc Steering
Group, to undertake the actual work of assessing the various assessments, taking
into account the importance of adequate participation of experts from developing
countries within this group;
(d)
To prepare a report on the results of the “assessment of assessments” for
the General Assembly;
95. Invites
the
United
Nations
Environment
Programme
and
the
Intergovernmental Oceanographic Commission to jointly undertake the role of lead
agencies, under the guidance of the Ad Hoc Steering Group;
96. Decides that the execution of the “assessment of assessments”, including
the activities of the Ad Hoc Steering Group and the group of experts, shall be
financed through voluntary contributions and other resources available to
participating organizations and bodies, and invites Member States in a position to do
so to make contributions;
XII
Regional cooperation
97. Notes that there have been a number of initiatives at the regional level, in
various regions, to further the implementation of the Convention, takes note in this
context of the Caribbean-focused Assistance Fund, which is intended to facilitate,
mainly through technical assistance, the voluntary undertaking of maritime
delimitation negotiations between Caribbean States, takes note once again 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 calls upon
States and others in a position to do so to contribute to these funds;
98. Takes note of the second Asia-Pacific Economic Cooperation Ocean-
related Ministerial Meeting, held on 16 and 17 September 2005 in Bali, Indonesia,
in particular the Joint Ministerial Statement and the Bali Plan of Action, which
recognize the important contribution provided by the oceans and their resources to
the sustainable economic growth and the well-being of the Asia-Pacific region;
A/RES/60/30
17
XIII
Open-ended informal consultative process on oceans and the law of the sea
99. 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 six 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 sixty-third session;
100. Recognizes the need to strengthen and improve the efficiency of the
Consultative Process, and encourages States, intergovernmental organizations and
programmes to provide guidance to the co-chairpersons to this effect, particularly
before and during the preparatory meeting for the Consultative Process;
101. Requests the Secretary-General to convene the seventh meeting of the
Consultative Process, in New York, from 12 to 16 June 2006, to provide it with the
necessary facilities for the performance of its work and to arrange for support to be
provided by the Division, in cooperation with other relevant parts of the Secretariat,
as appropriate;
102. Encourages States to make additional contributions to the voluntary trust
fund, established pursuant to resolution 55/7, for the purpose of assisting developing
countries, in particular least developed countries, small island developing States and
landlocked developing States, in attending the meetings of the Consultative Process;
103. 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 focus its discussions on the following topic/s: “Ecosystem approaches and
oceans”;
XIV
Coordination and cooperation
104. Encourages States to work closely with and through international
organizations, funds and programmes, as well as the specialized agencies of the
United Nations system and relevant international conventions to identify emerging
areas of focus for improved coordination and cooperation and how best to address
these issues;
105. Requests the Secretary-General to bring the present resolution to the
attention of heads of intergovernmental organizations, the specialized agencies,
funds and programmes of the United Nations engaged in activities relating to ocean
affairs and the law of the sea, as well as funding institutions, 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;
106. Welcomes the work done by the secretariats of relevant United Nations
specialized agencies, programmes, funds and bodies and the secretariats of related
organizations and conventions to enhance inter-agency coordination and cooperation
on ocean issues, including through UN-Oceans, the inter-agency coordination
mechanism on ocean and coastal issues within the United Nations system;
A/RES/60/30
18
107. Encourages continued updates to Member States by UN-Oceans
regarding its priorities and initiatives, in particular with respect to the proposed
participation in UN-Oceans;
XV
Activities of the Division for Ocean Affairs and the Law of the Sea
108. Expresses its appreciation to the Secretary-General for the annual
comprehensive report on oceans and the law of the sea, prepared by the Division, as
well as for the other activities of the Division, which reflect the high standard of
assistance provided to Member States by the Division;
109. Requests the Secretary-General to continue
to carry out the
responsibilities and functions entrusted to him in the Convention and by the related
resolutions of the General Assembly, including resolutions 49/28 and 52/26, and to
ensure the allocation of appropriate resources to the Division for the performance of
its activities under the approved budget for the Organization;
XVI
Sixty-first session of the General Assembly
110. Requests the Secretary-General to prepare a comprehensive report, in its
current comprehensive format and in accordance with established practice, for the
consideration of the General Assembly at its sixty-first session, on developments
and issues relating to ocean affairs and the law of the sea, including the
implementation of the present resolution, in accordance with resolutions 49/28,
52/26 and 54/33, and to make the report available at least six weeks in advance of
the meeting of the Consultative Process;
111. Emphasizes 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;
112. Notes that the report referred to in paragraph 110 above will also be
presented to States parties pursuant to article 319 of the Convention regarding issues
of a general nature that have arisen with respect to the Convention;
113. Also notes the desire to further improve the efficiency of, and effective
participation of delegations in, the informal consultations concerning the annual
General Assembly resolution on oceans and the law of the sea and the resolution on
sustainable fisheries, decides to limit the period of the informal consultations on
both resolutions to a maximum of four weeks in total and to ensure that the
consultations are scheduled in such a way as to avoid overlap with the period during
which the Sixth Committee is meeting and that the Division has sufficient time to
produce the report referred to in paragraph 110 above;
A/RES/60/30
19
114. Decides to include in the provisional agenda of its sixty-first session the
item entitled “Oceans and the law of the sea”.
56th plenary meeting
29 November 2005
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