A/RES/64/71 GA
Oceans and the law of the sea : resolution / adopted by the General Assembly
64
Session
120
Yes
1
No
3
Abstentions
| Draft symbol | A/64/L.18 |
|---|---|
| Adopted symbol | A/RES/64/71 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
|
| UN Document | A/RES/64/71 ↗ |
Vote Recorded Vote — A/64/PV.58
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Afghanistan
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Angola
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Antigua and Barbuda
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Azerbaijan
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Barbados
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Belarus
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Belize
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Bhutan
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Bosnia and Herzegovina
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Bulgaria
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Burkina Faso
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Burundi
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Cambodia
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Central African Republic
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Chad
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Comoros
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Côte d'Ivoire
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Croatia
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Democratic Republic of the Congo
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Dominica
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Ecuador
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Equatorial Guinea
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Eritrea
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Ethiopia
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Gabon
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Gambia
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Grenada
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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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Islamic Republic of Iran
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Iraq
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Israel
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Jamaica
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Kenya
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Kiribati
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Kyrgyzstan
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Lebanon
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Lesotho
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Liberia
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Libya
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Malawi
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Montenegro
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Namibia
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Nepal
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Nicaragua
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Niger
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Paraguay
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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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Sao Tome and Principe
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Sierra Leone
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Somalia
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Eswatini
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Switzerland
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Syrian Arab Republic
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Tajikistan
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Timor-Leste
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Tonga
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Tunisia
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Turkmenistan
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Tuvalu
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Uzbekistan
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Vanuatu
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Albania
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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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Belgium
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Benin
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Plurinational State of Bolivia
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Botswana
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Brazil
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Brunei Darussalam
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Cameroon
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Canada
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Cabo Verde
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Chile
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China
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Congo
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Costa Rica
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Cuba
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Cyprus
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Czechia
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Democratic People's Republic of Korea
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Denmark
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Djibouti
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Dominican Republic
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Egypt
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Estonia
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Fiji
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Finland
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France
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Georgia
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Germany
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Ghana
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Greece
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Guatemala
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Guinea-Bissau
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Iceland
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India
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Indonesia
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Ireland
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Italy
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Japan
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Jordan
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Kazakhstan
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Kuwait
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Lao People's Democratic Republic
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Latvia
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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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Mozambique
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Myanmar
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Nauru
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Netherlands
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New Zealand
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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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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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Samoa
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San Marino
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Saudi Arabia
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Senegal
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Serbia
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Seychelles
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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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Sweden
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Thailand
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North Macedonia
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Togo
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Trinidad and Tobago
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Uganda
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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
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Zambia
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Zimbabwe
Full text of resolution
United Nations
A/RES/64/71
General Assembly
Distr.: General
12 March 2010
Sixty-fourth session
Agenda item 76 (a)
09-46609
*0946609*
Please rec cle ♲
Resolution adopted by the General Assembly on 4 December 2009
[without reference to a Main Committee (A/64/L.18 and Add.1)]
64/71. Oceans and the law of the sea
The General Assembly,
Recalling its annual resolutions on the law of the sea and on oceans and the
law of the sea, including resolution 63/111 of 5 December 2008, and other relevant
resolutions concerning the United Nations Convention on the Law of the Sea (“the
Convention”),0F1
Having considered the report of the Secretary-General, 1F2 and also the reports on
the work of the United Nations Open-ended Informal Consultative Process on
Oceans and the Law of the Sea (“the Consultative Process”) at its tenth meeting, 2F3 on
the nineteenth Meeting of States Parties to the Convention,3F4 and the report entitled
“Regular process for global reporting and assessment of the state of the marine
environment, including socio-economic aspects: the ‘assessment of assessments’”, 4F5
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 to 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 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
_______________
1 United Nations, Treaty Series, vol. 1833, No. 31363.
2 A/64/66 and Add.1 and 2.
3 See A/64/131.
4 SPLOS/203.
5 A/64/88.
A/RES/64/71
2
United Nations Conference on Environment and Development in chapter 17 of
Agenda 21, 5F6
Recognizing the important contribution of sustainable development and
management of the resources and uses of the oceans and seas to the achievement of
international development goals, including those contained in the United Nations
Millennium Declaration, 6F7
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 the
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,
Reiterating its deep concern at the serious adverse impacts on the marine
environment and biodiversity, in particular on vulnerable marine ecosystems,
including corals, hydrothermal vents and seamounts, of certain human activities,
Emphasizing the need for the safe and environmentally sound recycling of
ships,
Expressing deep concern at the adverse economic, social and environmental
impacts of the physical alteration and destruction of marine habitats that may result
from land-based and coastal development activities, in particular those land
reclamation activities that are carried out in a manner that has a detrimental impact
on the marine environment,
_______________
6 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.
7 See resolution 55/2.
A/RES/64/71
3
Reiterating its serious concern at the current and projected adverse effects of
climate change on the marine environment and marine biodiversity, and
emphasizing the urgency of addressing this issue,
Expressing concern that climate change continues to increase the severity and
incidence of coral bleaching throughout tropical seas and weakens the ability of
reefs to withstand ocean acidification, which could have serious and irreversible
negative effects on marine organisms, particularly corals, as well as to withstand
other pressures, including overfishing and pollution,
Reiterating its deep concern at the vulnerability of the environment and the
fragile ecosystems of the polar regions, including the Arctic Ocean and the Arctic
ice cap, particularly affected by the projected adverse effects of climate change,
Recognizing that there is a need for a more integrated approach and to further
study and promote measures for enhanced cooperation, coordination and
collaboration relating to the conservation and sustainable use of marine biodiversity
beyond areas of national jurisdiction,
Recognizing also that the realization of the benefits of the Convention could
be enhanced by international cooperation, technical assistance and advanced
scientific knowledge, as well as by funding and capacity-building,
Recognizing further 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 encouraging further efforts towards electronic
charting, which 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,
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,
Noting with concern the continuing problem of transnational organized crime
committed at sea, including illicit traffic in narcotic drugs and psychotropic
substances, the smuggling of migrants and trafficking in persons, and threats to
maritime safety and security, including piracy, armed robbery at sea, smuggling and
terrorist acts against shipping, offshore installations and other maritime interests,
and noting the deplorable loss of life and adverse impact on international trade,
energy security and the global economy resulting from such activities,
Noting the importance of the delineation of the outer limits of the continental
shelf beyond 200 nautical miles and that it is in the broader interest of the
international community that coastal States with a continental shelf beyond 200
nautical miles submit information on the outer limits of the continental shelf beyond
200 nautical miles to the Commission on the Limits of the Continental Shelf (“the
Commission”), and welcoming the submissions to the Commission by a
considerable number of States Parties on the outer limits of their continental shelf
beyond 200 nautical miles, that the Commission has continued to fulfil its role,
A/RES/64/71
4
including of making recommendations to coastal States, and that the summaries of
recommendations have been made publicly available, 7F8
Noting also that many coastal States Parties have submitted preliminary
information indicative of the outer limits of the continental shelf beyond 200
nautical miles, as provided for in the decision of the eighteenth Meeting of States
Parties to the Convention regarding the workload of the Commission and the ability
of States, particularly developing States, to fulfil the requirements of article 4 of
annex II to the Convention, as well as the decision contained in SPLOS/72,
paragraph (a), 8F9
Noting further that some coastal States may continue to face particular
challenges in relation to preparing and presenting submissions to the Commission,
Noting that financial and technical assistance may be sought by developing
countries for activities in relation to preparing and presenting submissions to the
Commission, including through the voluntary trust fund established by resolution
55/7 of 30 October 2000 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, as well as other accessible international assistance,
Recognizing the importance of the trust funds established by resolution 55/7 in
facilitating the participation of members of the Commission from developing States
in the meetings of the Commission and in fulfilling the requirements of article 4 of
annex II to the Convention, while noting with appreciation the recent contributions
made to them,
Reaffirming the importance of the work of the Commission for coastal States
and for the international community,
Recognizing the significant workload of the Commission in view of the large
number of submissions already received and a number of submissions yet to be
received, which places additional demands and challenges on its members and the
secretariat as provided by the Secretary-General of the United Nations through the
Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of
the Secretariat (“the Division”),
Noting with concern the projected timetable of the work of the Commission on
the submissions already received by it and those yet to be received 9F10 and, in this
regard, the consequences of the duration of the sessions of the Commission and the
meetings of its subcommissions,
Recognizing significant inequities and difficulties for States arising out of the
projected timetable, including with respect to retaining expertise, when there is a
considerable delay between preparation of submissions and their consideration by
the Commission,
Recognizing also the need to take action to ensure that the Commission can
perform its functions under the Convention expeditiously, efficiently and
effectively, and maintain its high level of quality and expertise,
_______________
8 Available from www.un.org/Depts/los/index.htm.
9 SPLOS/183.
10 See SPLOS/203, paras. 81–83.
A/RES/64/71
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Welcoming the agreed outcome reflected in the report of the nineteenth
Meeting of States Parties to the Convention regarding the workload of the
Commission, and noting in particular the decision of the Meeting to continue to
address the issues related to the workload of the Commission as a matter of priority,
as well as the decision that its bureau would facilitate an informal working group to
continue consideration of the issues related to the workload of the Commission,10F11
Recalling its decision, in resolutions 57/141 of 12 December 2002 and 58/240
of 23 December 2003, 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,1F12
and noting the need for cooperation among all States to this end,
Recalling also the launching of the start-up phase, the “assessment of
assessments”, and noting the work carried out by the Group of Experts established
pursuant to resolution 60/30 of 29 November 2005 under the guidance of the Ad
Hoc Steering Group for the “assessment of assessments” and with the assistance of
the lead agencies, the United Nations Environment Programme and the
Intergovernmental Oceanographic Commission of the United Nations Educational,
Scientific and Cultural Organization, and the support provided by other
organizations and experts,
Recognizing the importance and the contribution of the work of the
Consultative Process established by resolution 54/33 of 24 November 1999 to
facilitate the annual review of developments in ocean affairs by the General
Assembly,
Noting the responsibilities of the Secretary-General under the Convention and
related resolutions of the General Assembly, in particular resolutions 49/28 of
6 December 1994, 52/26 of 26 November 1997 and 54/33, and in this context the
substantial increase in activities of the Division, in particular in view of the growing
number of requests to the Division for additional outputs and servicing of meetings,
its increasing capacity-building activities, the need for enhanced support and
assistance to the Commission and the role of the Division in inter-agency
coordination and cooperation,
Reaffirming the importance of the work of the International Seabed Authority
(“the Authority”) in accordance with the Convention 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 Part XI Agreement”), 12F13
Reaffirming also the importance of the work of the International Tribunal for
the Law of the Sea (“the Tribunal”) in accordance with the Convention,
_______________
11 Ibid., para. 95.
12 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, resolution 2, annex.
13 United Nations, Treaty Series, vol. 1836, No. 31364.
A/RES/64/71
6
I
Implementation of the Convention and related agreements and instruments
1.
Reaffirms its annual resolutions on the law of the sea and on oceans and
the law of the sea, including resolution 63/111, and other relevant resolutions
concerning the Convention;0H1
2.
Also reaffirms the unified character of the Convention and the vital
importance of preserving its integrity;
3.
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 Part XI
Agreement; 1H13
4.
Calls upon 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”); 13F14
5.
Calls upon States to harmonize 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 that have not yet done so 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 entry into force of the 2001 Convention on the Protection of
the Underwater Cultural Heritage on 2 January 2009, 14F15 and notes in particular the
rules annexed thereto, which 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,
_______________
14 Ibid., vol. 2167, No. 37924.
15 See 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.
A/RES/64/71
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particularly in developing States, of the economic, legal, navigational, scientific and
technical skills necessary for the full implementation of the Convention and the
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
personnel to develop and enhance relevant expertise, providing the necessary
equipment, facilities and vessels and transferring environmentally sound
technologies;
12. Also calls upon States and international financial institutions, including
through bilateral, regional and global cooperation programmes and technical
partnerships, to strengthen capacity-building activities in developing countries, in
particular least developed countries and small island developing States, to develop
their maritime administration and appropriate legal frameworks to establish or
enhance the necessary infrastructure, legislative and enforcement capabilities to
promote effective compliance with, and implementation and enforcement of, their
responsibilities under international law;
13. Recognizes the importance of the work of the International Maritime Law
Institute of the International Maritime Organization as a centre of education and
training of Government legal advisers, mainly from developing States, notes that the
number of its graduates in 115 States confirms its effective capacity-building role in
the field of international law, congratulates the Institute on the celebration of its
twentieth anniversary, and urges States, intergovernmental organizations and
financial institutions to make voluntary financial contributions to the budget of the
Institute;
14. Also recognizes the importance of the World Maritime University of the
International Maritime Organization as a centre for maritime education and
research, confirms its effective capacity-building role in the field of maritime
transportation,
policy,
administration,
management,
safety,
security
and
environmental protection, as well as its role in the international exchange and
transfer of knowledge, notes that almost 2,900 persons from 157 countries have
graduated from the University since it was founded in 1983, welcomes the
increasing number of students, and urges States, intergovernmental organizations
and other bodies to make voluntary financial contributions to the University;
15. Welcomes ongoing activities for capacity-building so as to address
maritime security and safety needs and the protection of the marine environment of
developing States, and encourages States and international financial institutions to
provide additional funding for capacity-building programmes, including for transfer
of technology, including through the International Maritime Organization and other
competent international organizations;
A/RES/64/71
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16. Recognizes the considerable need to provide sustained capacity-building
assistance, including on financial and technical aspects, by relevant international
organizations and donors to developing States, with a view to further strengthening
their capacity to take effective measures against the multiple facets of international
criminal activities at sea, in line with the relevant international instruments,
including the United Nations Convention against Transnational Organized Crime
and the Protocols thereto; 15F16
17. Also recognizes the need to build the capacity of developing States to
raise awareness of, and support the 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;
18. Further recognizes the importance of assisting developing States, in
particular the least developed countries and small island developing States, as well
as coastal African 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;
19. 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, 16F 17 and recalls the important role of the secretariat of that
Commission in the implementation and promotion of the Criteria and Guidelines;
20. Calls upon States to continue to assist developing States, and especially
the least developed countries and small island developing States, as well as coastal
African States, at the bilateral and, where appropriate, multilateral levels, 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, and
recalls that coastal States can make requests to the Commission for scientific and
technical advice in the preparation of data for their submissions, in accordance with
article 3 of annex II to the Convention;
21. Calls upon the Division to continue to disseminate information on
relevant procedures related to the trust fund established for the purpose of
facilitating the preparation of submissions to the Commission and to continue its
dialogue with potential beneficiaries with a view to providing financial support to
developing countries for activities to facilitate their submissions in accordance with
the requirements of article 76 of the Convention and with the rules of procedure 17F18
and the Scientific and Technical Guidelines of the Commission; 18F19
22. Requests the Secretary-General, in cooperation with States and relevant
international organizations and institutions, to continue to support training and other
activities to assist developing States in the preparation and presentation of their
submissions to the Commission;
_______________
16 United Nations, Treaty Series, vols. 2225, 2237, 2241 and 2326, No. 39574.
17 See Intergovernmental Oceanographic Commission, document IOC/INF-1203.
18 CLCS/40/Rev.1.
19 CLCS/11 and Corr.1 and Add.1 and Add.1/Corr.1.
A/RES/64/71
9
23. Notes with appreciation the regional workshop of the Tribunal, held in
Cape Town, South Africa, from 7 to 9 October 2009, on the role of the Tribunal in
the settlement of disputes relating to the law of the sea;
24. 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 and
other 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 trust fund established by the Secretary-General for the Office of
Legal Affairs to support the promotion of international law;
25. Recognizes the important contribution of the Hamilton Shirley
Amerasinghe Memorial Fellowship on the Law of the Sea to the capacity-building
of developing countries and the promotion of the law of the sea, reiterates its serious
concern regarding the continued lack of resources, which has prevented the
implementation of the twenty-second and subsequent awards, advises the Secretary-
General to continue to finance the Fellowship from resources made available
through an appropriate Office of Legal Affairs trust fund, reiterates its urgent appeal
to Member States and others in a position to do so to contribute generously to the
further development of the Fellowship to ensure that it is awarded every year, and
requests the Secretary-General to include the Fellowship on the list of trust funds
for the United Nations Pledging Conference for Development Activities;
26. Recognizes the contribution that the United Nations-Nippon Foundation
of Japan Fellowship Programme, which has awarded 50 fellowships to individuals
from 44 Member States since 2005 and in April 2009 launched a fellowship alumni
programme with an inaugural meeting of the Asia-Pacific alumni at the
Foundation’s headquarters in Tokyo, has made to 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
27. Welcomes the report of the nineteenth Meeting of States Parties to the
Convention; 2H4
28. Requests the Secretary-General to convene the twentieth Meeting of
States Parties to the Convention, in New York from 14 to 18 June 2010, and to
provide the services required;
IV
Peaceful settlement of disputes
29. Notes with satisfaction the continued and significant contribution of 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
Part XI Agreement;
30. 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;
31. Notes that States Parties to an international agreement related to the
purposes of the Convention may submit to, inter alia, the Tribunal or the
A/RES/64/71
10
International Court of Justice any dispute concerning the interpretation or
application of that agreement submitted 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;
32. 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 Part XI Agreement, bearing in mind the
comprehensive character of the dispute settlement mechanism provided for in
Part XV of the Convention;
V
The Area
33. Notes the progress made by the Authority in its deliberations, urges the
finalization at its sixteenth session of the regulations for prospecting and exploration
for polymetallic sulphides, encourages progress on the regulations for prospecting
and exploration for cobalt-rich ferromanganese crusts in the Area, and 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, for, inter alia, the protection and conservation
of the natural resources of the Area, and for the prevention of damage to the flora
and fauna of the marine environment from harmful effects that may arise from
activities in the Area;
34. Also notes 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
35. 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 also
appeals to States Parties in arrears with their contributions to fulfil their obligations
without delay;
36. Urges all States Parties to the Convention to attend the sessions of the
Authority, and calls upon the Authority to continue to pursue all options, including
making concrete recommendations on the issue of dates, in order to improve
attendance in Kingston and to ensure global participation;
37. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 19F20 and to the
Protocol on the Privileges and Immunities of the Authority; 20F21
38. Emphasizes the importance of the Tribunal’s rules and staff regulations in
promoting the recruitment of a geographically representative staff in the
Professional and higher categories, and welcomes the actions taken by the Tribunal
in observance of those rules and regulations;
_______________
20 United Nations, Treaty Series, vol. 2167, No. 37925.
21 Ibid., vol. 2214, No. 39357.
A/RES/64/71
11
VII
The continental shelf and the work of the Commission
39. Recalls that, in accordance with article 76, paragraph 8, of the
Convention, information on the limits of the continental shelf beyond 200 nautical
miles from the baselines from which the breadth of the territorial sea is measured
shall be submitted by the coastal State to the Commission set up under annex II to
the Convention on the basis of equitable geographical representation, that the
Commission shall make recommendations to coastal States on matters related to the
establishment of the outer limits of their continental shelf, and that the limits of the
shelf established by a coastal State on the basis of these recommendations shall be
final and binding;
40. Also recalls that, in accordance with article 77, paragraph 3, of the
Convention, the rights of the coastal State over the continental shelf do not depend
on occupation, effective or notional, or on any express proclamation;
41. Notes with satisfaction that a considerable number of States Parties to the
Convention have submitted 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 contained in SPLOS/72, paragraph (a);
42. Also notes with satisfaction that a considerable number of States Parties
to the Convention have submitted to the Secretary-General, pursuant to the decision
of the eighteenth Meeting of States Parties to the Convention,21F 22 preliminary
information indicative of the outer limits of the continental shelf beyond 200
nautical miles and a description of the status of preparation and intended date of
submission in accordance with the requirements of article 76 of the Convention and
with the rules of procedure and the Scientific and Technical Guidelines of the
Commission;
43. Further notes with satisfaction the progress in the work of the
Commission 2F23 and that it is giving current consideration to a number of submissions
that have been made regarding the establishment of the outer limits of the
continental shelf beyond 200 nautical miles;
44. Notes with satisfaction that the Commission, taking into account the
decision of the eighteenth Meeting of States Parties to the Convention,23F 24 has
compiled lists of websites of organizations, data/information portals and data
holders where general information and publicly available scientific and technical
data can be accessed that may be relevant to the preparation of submissions, and has
made this information available on its website;24F25
45. Takes note of the recommendations made by the Commission on the
submissions of a number of States, and welcomes the fact that summaries of
recommendations are being made publicly available;3H8
_______________
22 SPLOS/183, para. 1 (a).
23 See CLCS/62 and CLCS/64.
24 SPLOS/183, para. 3.
25 www.un.org/depts/los/clcs_new/clcs_home.htm.
A/RES/64/71
12
46. Notes that consideration by the Commission of submissions by coastal
States in accordance with article 76 of and annex II to the Convention is without
prejudice to the application of other parts of the Convention by States Parties;
47. Notes with concern that the heavy workload of the Commission, owing to
the considerable number of submissions, places additional demands on and
challenges before its members and the secretariat as provided by the Division, and
in that regard emphasizes the need to ensure that the Commission can perform its
functions expeditiously, efficiently and effectively and maintain its high level of
quality and expertise;
48. Takes note of the decision of the nineteenth Meeting of States Parties to
the Convention, as reflected in the report of the Meeting, to continue to address, as a
matter of priority, issues related to the workload of the Commission, including
funding for its members attending the sessions of the Commission and the meetings
of the subcommissions, and, in particular, the decision that the bureau of the
Meeting will facilitate an informal working group to continue consideration of the
issues;11
49. Reiterates the duty of States under the Convention, whose experts are
serving on the Commission, to defray the expenses of the experts they have
nominated while in performance of Commission duties, and calls upon these States
to do their utmost to ensure the full participation of those experts in the work of the
Commission, including the meetings of subcommissions, in accordance with the
Convention;
50. Requests the Secretary-General to continue to take appropriate measures,
within overall existing resource levels, to further strengthen the capacity of the
Division, serving as the secretariat of the Commission, including in the context of
the proposed programme budget for the biennium 2010–2011, in order to ensure
enhanced support and assistance to the Commission and its subcommissions in their
consideration of submissions, as required by paragraph 9 of annex III to the rules of
procedure of the Commission, in particular its human resources, taking into account
the need for simultaneous work on several submissions;
51. Urges the Secretary-General to continue to provide all necessary
secretariat services to the Commission in accordance with article 2, paragraph 5, of
annex II to the Convention;
52. Encourages States to participate actively and contribute constructively to
the ongoing work of the informal working group considering the issues related to
the workload of the Commission, so that the Meeting of States Parties to the
Convention may consider ways and means, including short-, medium- and long-term
measures, to ensure that the Commission can perform its functions under the
Convention expeditiously, efficiently and effectively and maintain its high level of
quality and expertise;
53. Requests the Secretary-General to consider the comments of the informal
working group, which are invited as soon as possible before mid-February 2010, in
the context of the update of the document entitled “Issues related to the workload of
the Commission on the Limits of the Continental Shelf”; 25F26
_______________
26 SPLOS/157.
A/RES/64/71
13
54. Encourages States to make additional contributions to the voluntary trust
fund established by resolution 55/7 for the purpose of facilitating the preparation of
submissions to the Commission and to the voluntary trust fund also established by
that resolution for the purpose of defraying the cost of participation of the members
of the Commission from developing States in the meetings of the Commission;
55. Approves the convening by the Secretary-General of the twenty-fifth and
twenty-sixth sessions of the Commission, in New York from 15 March to 23 April
2010 and from 2 to 27 August 2010, respectively, with full conference services for
the plenary parts of these sessions, 26F27 and requests the Secretary-General to make
every effort to meet these requirements within overall existing resources, on the
understanding that the following periods will be used for the technical examinations
of submissions at the Geographic Information System laboratories and other
technical facilities of the Division: 15 March to 1 April 2010; 19 to 23 April 2010;
and 2 to 13 August 2010;
56. 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 coastal States in relevant proceedings concerning their
submissions, and recognizes the continued need for active interaction between
coastal States and the Commission;
57. 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 the preparation of
submissions by States, in particular developing States, to the Commission;
58. Notes the number of submissions yet to be considered by the
Commission, and in this regard stresses the urgent need for States Parties to the
Convention to take appropriate and prompt steps that will allow the Commission to
consider the increased number of submissions in a timely, efficient and effective
manner;
59. Requests the Secretary-General, in cooperation with Member States, to
continue supporting 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 need to strengthen capacity-building for developing
countries in preparing their submissions;
VIII
Maritime safety and security and flag State implementation
60. Encourages States to ratify or accede to international agreements
addressing the safety and security of navigation, as well as maritime labour, and to
adopt the necessary measures consistent with the Convention and other relevant
international instruments aimed at implementing and enforcing the rules contained
in those agreements, and emphasizes the need for capacity-building for and
assistance to developing States;
61. Recognizes that the legal regimes governing maritime safety and
maritime security may have common and mutually reinforcing objectives that may
be interrelated and could benefit from synergies, and encourages States to take this
into account in their implementation;
_______________
27 From 5 to 16 April 2010 and from 16 to 27 August 2010.
A/RES/64/71
14
62. Emphasizes that safety and security measures should be implemented
with minimal negative effects on seafarers and fishers, especially in relation to their
working conditions;
63. Invites States that have not yet done so to ratify or accede to the
Maritime Labour Convention, 2006, the Work in Fishing Convention, 2007
(No. 188) and the Seafarers’ Identity Documents Convention (Revised), 2003
(No. 185) of the International Labour Organization and to effectively implement
those Conventions, and emphasizes the need to provide to States, at their request,
technical cooperation and assistance in that regard;
64. Emphasizes the need for further efforts to promote a culture of safety and
security in the shipping industry and to address the shortage of adequately trained
personnel, notes the importance of the process in the International Maritime
Organization to review the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978,27F28 and urges the establishment of
more centres to provide the required education and training;
65. Welcomes ongoing cooperation between the Food and Agriculture
Organization of the United Nations, the International Maritime Organization and the
International Labour Organization relating to the safety of fishers and fishing
vessels, underlines the urgent need for continued work in that area, and takes note of
discussions in the Food and Agriculture Organization of the United Nations on the
merit of an international plan of action in this area;
66. Encourages continued cooperation between the parties to the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal28F29 and the International Maritime Organization on regulations on the
prevention of pollution from ships;
67. Calls upon States to participate in the diplomatic conference to be
convened by the International Maritime Organization in 2010 on a protocol to the
International Convention on Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea, 1996;
68. Recalls that all actions taken to combat threats to maritime security must
be in accordance with international law, including the principles embodied in the
Charter and the Convention;
69. Recognizes the crucial role of international cooperation at the global,
regional, subregional and bilateral levels in combating, in accordance with
international law, threats to maritime security, including piracy, armed robbery at
sea, 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, the enhanced sharing of
information among States relevant to the detection, prevention and suppression of
such threats, and the prosecution of offenders with due regard to national
legislation, and the need for sustained capacity-building to support such objectives;
70. Notes that piracy affects the entire range of vessels engaged in maritime
activities;
_______________
28 United Nations, Treaty Series, vol. 1361, No. 23001.
29 Ibid., vol. 1673, No. 28911.
A/RES/64/71
15
71. Emphasizes the importance of promptly reporting incidents to enable
accurate information on the scope of the problem of piracy and armed robbery
against ships and, in the case of armed robbery against ships, by affected vessels to
the coastal State, underlines the importance of effective information-sharing with
States potentially affected by incidents of piracy and armed robbery against ships,
and takes note of the important role of the International Maritime Organization;
72. Calls upon States to take appropriate steps under their national law to
facilitate the apprehension and prosecution of those who are alleged to have
committed acts of piracy;
73. Urges all States, in cooperation with the International Maritime
Organization, to actively 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;
74. Invites all States, the International Maritime Organization and the
International Labour Organization to consider possible solutions for the seafarers
and fishers who are victims of pirates;
75. Takes note of the ongoing cooperation between the International
Maritime Organization, the United Nations Office on Drugs and Crime and the
Division with respect to the compilation of national legislation on piracy;
76. Welcomes the significant decrease in the number of attacks by pirates and
armed robbers in the Asian region through increased national, bilateral and trilateral
initiatives as well as regional cooperative mechanisms, and calls upon other States
to give immediate attention to adopting, concluding and implementing cooperation
agreements at the regional level on combating piracy and armed robbery against
ships;
77. Expresses serious concern regarding continued increases in incidents of
piracy and armed robbery at sea off the coast of Somalia, expresses alarm in
particular at the hijacking of vessels, supports the recent efforts to address this
problem at the global and regional levels, notes the adoption by the Security
Council of resolutions 1816 (2008) of 2 June 2008, 1838 (2008) of 7 October 2008,
1846 (2008) of 2 December 2008 and 1851 (2008) of 16 December 2008 and also
notes that the authorization in resolution 1816 (2008) and the provisions in
resolutions 1838 (2008), 1846 (2008) and 1851 (2008) apply only to the situation in
Somalia and do not affect the rights, obligations or responsibilities of Member
States under international law, including any rights or obligations under the
Convention, with respect to any other situation, and underscores, in particular, the
fact that they are not to be considered as establishing customary international law;
78. Notes the establishment of the Contact Group on Piracy off the Coast of
Somalia on 14 January 2009, following the adoption of Security Council resolution
1851 (2008), and the ongoing efforts within the Contact Group, and commends
contributions of all States in the efforts to fight piracy off the coast of Somalia;
79. Recognizes the importance of a comprehensive and sustainable
settlement of the situation in Somalia and the primary role of the Transitional
Federal Government in rooting out piracy and armed robbery against ships, and
further re-emphasizes the need, in particular, to assist Somalia and States in the
A/RES/64/71
16
region in strengthening capacity to fight piracy and armed robbery against ships off
the coast of Somalia and bring to justice those involved in piracy and armed robbery
at sea;
80. Notes the approval by the International Maritime Organization of revised
recommendations to Governments for preventing and suppressing piracy and armed
robbery against ships, 29F 30 revised guidance to shipowners and ship operators,
shipmasters and crews on preventing and suppressing acts of piracy and armed
robbery against ships 30F31 and the Code of Practice for the Investigation of the Crimes
of Piracy and Armed Robbery Against Ships,31F32 as well as the endorsement of Best
Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of
Somalia; 32F33
81. Invites the Assembly of the International Maritime Organization to
consider adopting a resolution on commitments to best management practices to
avoid, deter or delay acts of piracy;
82. Welcomes the adoption on 29 January 2009 of the Code of Conduct
concerning the Repression of Piracy and Armed Robbery against Ships in the
Western Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct) 3F34 under the
auspices of the International Maritime Organization, the establishment of the
International Maritime Organization Djibouti Code Trust Fund, a multi-donor trust
fund initiated by Japan, and the ongoing activities for the implementation of the
Code of Conduct;
83. Urges States to ensure the full implementation of resolution A.1002(25)
of the International Maritime Organization on acts of piracy and armed robbery
against ships in waters off the coast of Somalia;
84. Calls upon States that have not yet done so 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,34F35 invites States to consider
becoming parties to the 2005 Protocols amending those instruments, 35F36 and urges
States Parties to take appropriate measures to ensure the effective implementation of
those instruments through the adoption of legislation, where appropriate;
85. Calls upon States to effectively implement the International Ship and
Port Facility Security Code and the amendments to the International Convention for
the Safety of Life at Sea, 36F 37 and to work with the International Maritime
Organization to promote safe and secure shipping while ensuring freedom of
navigation;
86. Urges all States, in cooperation with the International Maritime
Organization, to improve the protection of offshore installations by adopting
_______________
30 See International Maritime Organization, document MSC.1/Circ.1333, annex.
31 See International Maritime Organization, document MSC.1/Circ.1334, annex.
32 International Maritime Organization, Assembly resolution A.1025(26).
33 See International Maritime Organization, document MSC.1/Circ.1335.
34 See International Maritime Organization, document C 102/14, annex, attachment 1.
35 United Nations, Treaty Series, vol. 1678, No. 29004.
36 International Maritime Organization, documents LEG/CONF.15/21 and 22.
37 International Maritime Organization, documents SOLAS/CONF.5/32 and 34, as well as resolution MSC.202(81)
introducing the long-range identification and tracking of ships system.
A/RES/64/71
17
measures related to the prevention, reporting and investigation of acts of violence
against installations, in accordance with international law, and by implementing
such measures through national legislation to ensure proper and adequate
enforcement;
87. Emphasizes the progress in regional cooperation, including the efforts of
littoral States, on the enhancement of safety, security and environmental protection
in the Straits of Malacca and Singapore, and the effective functioning of the
Cooperative Mechanism on safety of navigation and environmental protection to
promote dialogue and facilitate close cooperation between the littoral States, user
States, shipping industry and other stakeholders in line with article 43 of the
Convention, and notes with appreciation the convening of the second Cooperation
Forum and second Project Coordination Committee meeting, in Singapore from
14 to 16 October 2009, and the fourth Aids to Navigation Fund Committee Meeting,
in Malaysia on 19 and 20 October 2009, the three events being key pillars of the
Cooperative Mechanism, and the important role of the Information Sharing Centre
of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia, based in Singapore, and calls upon States to give immediate
attention to adopting, concluding and implementing cooperation agreements at the
regional level;
88. Recognizes that some transnational organized criminal activities threaten
legitimate uses of the oceans and endanger the lives of people at sea;
89. Notes that transnational organized criminal activities are diverse and may
be interrelated in some cases and that criminal organizations are adaptive and take
advantage of the vulnerabilities of States, in particular coastal and small island
developing States in transit areas, and calls upon States and relevant
intergovernmental organizations to increase cooperation and coordination at all
levels to detect and suppress the smuggling of migrants and trafficking in persons,
in accordance with international law;
90. Recognizes the importance of enhancing international cooperation at all
levels to fight transnational organized criminal activities, including illicit traffic in
narcotic drugs and psychotropic substances, within the scope of the United Nations
instruments against illicit drug trafficking, as well as the smuggling of migrants and
trafficking in persons and criminal activities at sea falling within the scope of the
United Nations Convention against Transnational Organized Crime; 37F38
91. Calls upon 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,38F39 and the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime, 39F 40 and to take appropriate measures to ensure their effective
implementation;
92. Calls upon States to ensure freedom of navigation, the safety of
navigation and the rights of transit passage, archipelagic sea lanes passage and
innocent passage in accordance with international law, in particular the Convention;
_______________
38 United Nations, Treaty Series, vol. 2225, No. 39574.
39 Ibid., vol. 2241, No. 39574.
40 Ibid., vol. 2237, No. 39574.
A/RES/64/71
18
93. 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 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 to keep such
straits safe, secure and environmentally protected and open to international
navigation at all times, consistent with international law, in particular the
Convention;
94. Calls upon user States and States bordering straits used for international
navigation to continue 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, and welcomes developments in this regard;
95. Calls upon States that have accepted the amendments to regulation
XI-1/6 of the International Convention for the Safety of Life at Sea, 1974,40F41 to
implement the Code of International Standards and Recommended Practices for a
Safety Investigation into a Marine Casualty or Marine Incident, 41F42 which will take
effect on 1 January 2010;
96. Calls upon States to consider becoming members of the International
Hydrographic Organization, and urges all States to work with that Organization to
increase the coverage of hydrographic information on a global basis to enhance
capacity-building and technical assistance and to promote safe navigation,
especially in areas used for international navigation, in ports and where there are
vulnerable or protected marine areas;
97. Encourages States to continue their efforts in the implementation of all
areas 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; 42F43
98. 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; that States should maintain
dialogue and consultation, in particular under the auspices 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;
that 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; and that 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;
99. Acknowledges, in the context of paragraph 98 above, the potential
environmental and economic impacts of maritime incidents and accidents on coastal
_______________
41 International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).
42 See International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution MSC.255(84).
43 Available from www-ns.iaea.org/downloads/rw/action-plans/transport-action-plan.pdf.
A/RES/64/71
19
States, in particular those related to the transport of radioactive materials, and
emphasizes the importance of effective liability regimes in that regard;
100. Encourages States to draw up plans and to establish procedures to
implement the Guidelines on Places of Refuge for Ships in Need of Assistance; 43F44
101. Invites States that have not yet done so to consider becoming parties to
the Nairobi International Convention on the Removal of Wrecks, 2007;4F45
102. Requests States to take appropriate measures with regard to ships flying
their flag or of their registry to address hazards that may be caused by wrecks and
drifting or sunken cargo to navigation or the marine environment;
103. Calls upon States to ensure that masters on ships flying their flag take the
steps required by relevant instruments 45F46 to provide assistance to persons in distress
at sea, and urges States to cooperate and to take all necessary measures to ensure the
effective implementation of the amendments to the International Convention on
Maritime Search and Rescue 46F47 and to the International Convention for the Safety of
Life at Sea 47F48 relating to the delivery of persons rescued at sea to a place of safety, as
well as of the associated Guidelines on the Treatment of Persons Rescued at Sea; 48F49
104. Recognizes that all States must fulfil their search and rescue
responsibilities and the ongoing need for the International Maritime Organization
and other relevant organizations to assist, in particular, developing States both to
increase their search and rescue capabilities, including through the establishment of
additional rescue coordination centres and regional subcentres, and to take effective
action to address, to the extent feasible, the issue of unseaworthy ships and small
craft within their national jurisdiction;
105. Welcomes the ongoing work of the International Maritime Organization
in relation to disembarkation of persons rescued at sea, and notes in this regard the
need to implement all relevant international instruments;
106. Calls upon States to continue to cooperate in developing comprehensive
approaches to international migration and development, including through dialogue
on all their aspects;
107. Reaffirms that flag, port and coastal States all bear responsibility for
ensuring the effective implementation and enforcement of international instruments
relating to maritime security and safety, in accordance with international law, in
particular the Convention, and that flag States have primary responsibility that
requires further strengthening, including through increased transparency of
ownership of vessels;
108. 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
_______________
44 International Maritime Organization, Assembly resolution A.949(23).
45 International Maritime Organization, document LEG/CONF.16/19.
46 The International Convention for the Safety of Life at Sea, 1974, the International Convention on
Maritime Search and Rescue, 1979, as amended, the United Nations Convention on the Law of the Sea,
1982, and the International Convention on Salvage, 1989.
47 International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).
48 International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution MSC.153(78).
49 International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).
A/RES/64/71
20
implementation and enforcement of, their responsibilities under international law, in
particular the Convention, and, until such action is taken, 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;
109. Recognizes that international shipping rules and standards adopted by the
International Maritime Organization in respect of maritime safety, efficiency of
navigation and the prevention and control of marine pollution, complemented by
best practices of the shipping industry, have led to a significant reduction in
maritime accidents and pollution incidents, and encourages all States to participate
in the Voluntary International Maritime Organization Member State Audit Scheme; 49F50
110. Also recognizes that maritime safety can also be improved through
effective port State control, the strengthening of regional arrangements and
increased coordination and cooperation among them, and increased information-
sharing, including among safety and security sectors;
111. Encourages flag States to take appropriate measures sufficient to achieve
or maintain recognition by intergovernmental arrangements that recognize
satisfactory flag State performance, including, as appropriate, satisfactory port State
control examination results on a sustained basis, with a view to improving quality
shipping and furthering flag State implementation of relevant instruments under the
International Maritime Organization as well as relevant goals and objectives of the
present resolution;
IX
Marine environment and marine resources
112. 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 consistent with the Convention, directly or
through competent international organizations, for the protection and preservation of
the marine environment;
113. Notes the work of the Intergovernmental Panel on Climate Change,
including its findings on the acidification of oceans, and in this regard encourages
States and competent international organizations and other relevant institutions,
individually and in cooperation, to urgently pursue further research on ocean
acidification, especially programmes of observation and measurement, noting in
particular paragraph 4 of decision IX/20 adopted at the ninth meeting of the
Conference of the Parties to the Convention on Biological Diversity, held in Bonn,
Germany, from 19 to 30 May 2008, 50F 51 and to increase national, regional and
international efforts to address levels of ocean acidity and the negative impact of
such acidity on vulnerable marine ecosystems, particularly coral reefs;
114. Encourages States, individually or in collaboration with relevant
international organizations and bodies, to enhance their scientific activity to better
_______________
50 International Maritime Organization, Assembly resolution A.946(23).
51 See UNEP/CBD/COP/9/29, annex I.
A/RES/64/71
21
understand the effects of climate change on the marine environment and marine
biodiversity and develop ways and means of adaptation;
115. Encourages States that have not yet done so to ratify or accede to
international agreements addressing the protection and preservation of the marine
environment and its living marine resources against the introduction of harmful
aquatic organisms and pathogens and marine pollution from all sources, including
the dumping of wastes and other matter, and other forms of physical degradation, as
well as agreements that provide for preparedness for, response to and cooperation on
pollution incidents and that include provisions on liability and compensation for
damage resulting from marine pollution, and to adopt the necessary measures
consistent with international law, including the Convention, aimed at implementing
and enforcing the rules contained in those agreements;
116. Encourages States, directly or through competent international
organizations, to consider the further development, as appropriate and consistent
with international law, including the Convention, of environmental impact
assessment processes covering planned activities under their jurisdiction or control
that may cause substantial pollution of, or significant and harmful changes to, the
marine environment;
117. Encourages States to become parties to regional seas conventions
addressing the protection and preservation of the marine environment;
118. Also encourages States, in accordance with international law, including
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;
119. Recognizes the importance of improving understanding of the impact of
climate change on the ocean, and expresses appreciation to the Government of
Indonesia for holding the World Ocean Conference in Manado, Indonesia, from
11 to 15 May 2009, at which the Manado Ocean Declaration was adopted;
120. Welcomes the activities of the United Nations Environment Programme
relating to marine debris carried out in cooperation with relevant United Nations
bodies and organizations, and encourages States to further 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;
121. 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;
122. Notes the work of the International Maritime Organization to prevent
pollution by garbage from ships, including the current review by the Marine
Environment Protection Committee of the provisions of annex V to the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto, on the prevention of pollution by garbage from
A/RES/64/71
22
ships, and encourages States and relevant international organizations to contribute to
this work through participation in the relevant processes of the Committee;
123. Encourages States that have not done so to become parties to the
Protocol of 1997 (Annex VI-Regulations for the Prevention of Air Pollution from
Ships) to the International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto, and the 1996 Protocol to
the Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter, 1972 (“the London Protocol”), and furthermore to ratify or accede to
the International Convention for the Control and Management of Ships’ Ballast
Water and Sediments, 2004,51F52 thereby facilitating its early entry into force;
124. Takes note of the adoption of amendments to the Protocol of 1997 to the
International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto, to reduce harmful emissions from
ships;
125. Notes the ongoing work of the International Maritime Organization in
accordance with its resolution on International Maritime Organization policies and
practices related to the reduction of greenhouse gas emissions from ships; 52F53
126. Urges States to cooperate in correcting the shortfall in port waste
reception facilities in accordance with the action plan to address the inadequacy of
port waste reception facilities developed by the International Maritime
Organization; 53F54
127. Recognizes that most of the pollution load of the oceans emanates from
land-based activities and affects the most productive areas of the marine
environment, and calls upon States as a matter of priority to implement the Global
Programme of Action for the Protection of the Marine Environment from Land-
based Activities 54F55 and to take all appropriate measures to fulfil the commitments of
the international community embodied in the Beijing Declaration on Furthering the
Implementation of the Global Programme of Action;5F56
128. Expresses its concern regarding the spreading of hypoxic dead zones in
oceans as a result of eutrophication fuelled by riverine run-off of fertilizers, sewage
outfall and reactive nitrogen resulting from the burning of fossil fuels and resulting
in serious consequences for ecosystem functioning, and calls upon States to enhance
their efforts to reduce eutrophication and, to this effect, to continue to cooperate
within the framework of relevant international organizations, in particular the
Global Programme of Action;
129. Calls upon all States to ensure that urban and coastal development
projects and related land-reclamation activities are carried out in a responsible
manner that protects the marine habitat and environment and mitigates the negative
consequences of such activities;
130. Notes the agreement of the twenty-fifth session of the United Nations
Environment Programme Governing Council/Global Ministerial Environment
_______________
52 International Maritime Organization, document BWM/CONF/36, annex.
53 International Maritime Organization, Assembly resolution A.963(23).
54 International Maritime Organization, document MEPC 53/9/1, annex 1.
55 See A/51/116, annex II.
56 UNEP/GPA/IGR.2/7, annex V.
A/RES/64/71
23
Forum, held in Nairobi from 16 to 20 February 2009, on a process and timetable for
the negotiation of a global legally binding instrument on mercury to reduce the risks
to human health and the environment arising from worldwide emissions and
discharges of mercury; 56F57
131. 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,7 and of the time-bound targets in the Plan of
Implementation of the World Summit on Sustainable Development (“Johannesburg
Plan of Implementation”),12 in particular the target on sanitation, and the Monterrey
Consensus of the International Conference on Financing for Development; 57F58
132. Recalls the resolution of the thirtieth Consultative Meeting of
Contracting Parties to the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter, 1972 (“the London Convention”) and the
third Meeting of Contracting Parties to the London Protocol, held from 27 to
31 October 2008, on the regulation of ocean fertilization, 58F59 in which the Contracting
Parties agreed, inter alia, that the scope of the London Convention and Protocol
includes ocean fertilization activities and that, given the present state of knowledge,
ocean fertilization activities other than for legitimate scientific research should not
be allowed, and that scientific research proposals should be assessed on a case-by-
case basis using an assessment framework to be developed by the scientific groups
under the London Convention and Protocol, and also agreed that, to this end, such
other activities should be considered as contrary to the aims of the London
Convention and Protocol and should not currently qualify for any exemption from
the definition of dumping in article III, paragraph 1(b), of the London Convention
and article 1, paragraph 4.2, of the London Protocol;
133. Also recalls decision IX/16 C adopted at the ninth meeting of the
Conference of the Parties to the Convention on Biological Diversity,51 in which the
Conference of the Parties, inter alia, bearing in mind the ongoing scientific and legal
analysis occurring under the auspices of the London Convention and Protocol,
requested parties and urged other Governments, in accordance with the
precautionary approach, to ensure that ocean fertilization activities were not carried
out until there was an adequate scientific basis on which to justify such activities,
including an assessment of associated risks, and that a global, transparent and
effective control and regulatory mechanism was in place for those activities, with
the exception of small-scale scientific research studies within coastal waters, and
stated that such studies should be authorized only if justified by the need to gather
specific scientific data, should be subject to a thorough prior assessment of the
potential impacts of the research studies on the marine environment, should be
strictly controlled and should not be used for generating and selling carbon offsets
or for any other commercial purposes;
134. Reaffirms paragraph 119 of resolution 61/222 of 20 December 2006
regarding ecosystem approaches and oceans, including the proposed elements of an
_______________
57 See UNEP/GC.25/17, annex I, decision 25/5.
58 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.
59 International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).
A/RES/64/71
24
ecosystem approach, means to achieve implementation of an ecosystem approach
and requirements for improved application of an ecosystem approach, and in this
regard:
(a)
Notes that continued environmental degradation in many parts of the
world and increasing competing demands require an urgent response and the setting
of priorities for management actions aimed at conserving ecosystem integrity;
(b)
Notes that ecosystem approaches to ocean management should be
focused on managing human activities in order to maintain and, where needed,
restore ecosystem health to sustain goods and environmental services, provide social
and economic benefits for food security, sustain livelihoods in support of
international development goals, including those contained in the Millennium
Declaration, and conserve marine biodiversity;
(c)
Recalls that States should be guided in the application of ecosystem
approaches by a number of existing instruments, in particular the Convention, which
sets out the legal framework for all activities in the oceans and seas, and its
implementing Agreements, as well as other commitments, such as those contained in
the Convention on Biological Diversity 59F60 and the World Summit on Sustainable
Development call for the application of an ecosystem approach by 2010;
(d)
Encourages States to cooperate and coordinate their efforts and take,
individually or jointly, as appropriate, all measures, in conformity with international
law, including the Convention and other applicable instruments, to address impacts
on marine ecosystems within and beyond areas of national jurisdiction, taking into
account the integrity of the ecosystems concerned;
135. Invites competent organizations and bodies that have not yet done so to
examine the possibility of incorporating ecosystem approaches into their mandates
in order to address impacts on marine ecosystems;
136. Invites States, in particular those States with advanced technology and
marine capabilities, to explore prospects for improving cooperation with, and
assistance to, developing States, in particular least developed countries and small
island developing States, as well as coastal African States, with a view to better
integrating into national policies and programmes sustainable and effective
development in the marine sector;
137. Encourages the competent international organizations, the United
Nations Development Programme, the World Bank and other funding agencies to
consider expanding their programmes within their respective fields of competence
for assistance to developing countries and to coordinate their efforts, including in
the allocation and application of Global Environment Facility funding;
138. Notes the information provided in the study prepared by the Secretariat 60F61
in relation to the assistance available to and measures that may be taken by
developing States, in particular the least developed countries and small island
developing States, as well as coastal African States, to realize the benefits of
sustainable and effective development of marine resources and uses of the oceans,
as provided by States and competent international organizations and global and
regional funding agencies, and urges them to provide further information for the
_______________
60 United Nations, Treaty Series, vol. 1760, No. 30619.
61 A/63/342.
A/RES/64/71
25
annual report of the Secretary-General and for incorporation on the website of the
Division;
139. Takes note of the adoption by the International Conference on the
Safe and Environmentally Sound Recycling of Ships, held in Hong Kong, China,
from 11 to 15 May 2009, of the Hong Kong International Convention for the Safe
and Environmentally Sound Recycling of Ships, 2009, and six resolutions related
thereto,61F62 and encourages States to ratify or accede to this Convention to facilitate
its early entry into force;
140. Also takes note of the role of the Basel Convention29 in protecting the
marine environment against the adverse effects which may result from such wastes;
X
Marine biodiversity
141. Reaffirms its role relating to the conservation and sustainable use of
marine biological diversity beyond areas of national jurisdiction, notes the work of
States and relevant intergovernmental organizations and bodies on those issues, and
invites them to contribute to its consideration of these issues within the areas of
their respective competence;
142. Notes the discussion on the relevant legal regime on marine genetic
resources in areas beyond national jurisdiction in accordance with the Convention,
and calls upon States to further consider this issue in the context of the mandate of
the Ad Hoc Open-ended Informal Working Group to study issues relating to the
conservation and sustainable use of marine biological diversity beyond areas of
national jurisdiction (“the Ad Hoc Open-ended Informal Working Group”), with a
view to making further progress on this issue;
143. Recognizes the abundance and diversity of marine genetic resources and
their value in terms of the benefits, goods and services they can provide;
144. Also recognizes the importance of research on marine genetic resources
for the purpose of enhancing the scientific understanding, potential use and
application, and enhanced management of marine ecosystems;
145. Encourages States and international organizations, including through
bilateral, regional and global cooperation programmes and partnerships, to continue
in a sustainable and comprehensive way to support, promote and strengthen
capacity-building activities, in particular in developing countries, in the field of
marine scientific research, taking into account, in particular, the need to create
greater taxonomic capabilities;
146. Reaffirms its request to the Secretary-General to convene a meeting of
the
Ad Hoc
Open-ended
Informal
Working
Group
in
accordance
with
paragraphs 127 to 130 of resolution 63/111, to take place from 1 to 5 February 2010,
to provide recommendations to the General Assembly;
147. 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, prepared in response to the request contained in paragraph 128
of resolution 63/111; 62F63
_______________
62 See International Maritime Organization, documents SR/CONF/45 and SR/CONF/46, attachment.
63 A/64/66/Add.2.
A/RES/64/71
26
148. Invites States to further consider, at the upcoming meeting of the Ad Hoc
Open-ended Informal Working Group, in the context of its mandate, issues of
marine protected areas and environmental impact assessment processes;
149. Notes the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity 63F 64 and the Convention on Biological Diversity elaborated
programme of work on marine and coastal biological diversity,64F65 as well as the
relevant decisions adopted at the ninth meeting of the Conference of the Parties to
the Convention on Biological Diversity;51
150. Reaffirms the need for States, individually or through competent
international organizations, to urgently consider ways to integrate and improve,
based on the best available scientific information and the precautionary approach
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;
151. Calls upon States and international organizations to urgently take further
action to address, in accordance with international law, destructive practices that
have adverse impacts on marine biodiversity and ecosystems, including seamounts,
hydrothermal vents and cold water corals;
152. Calls upon States to strengthen, in a manner consistent with international
law, in particular the Convention, the conservation and management of marine
biodiversity and ecosystems and national policies in relation to marine protected
areas;
153. Reaffirms the need for States to continue and intensify their efforts,
directly and through competent international organizations, 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, as reflected in the Convention, and based on the
best scientific information available, and the development of representative
networks of any such marine protected areas by 2012;
154. 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, as reflected in the Convention, and based on
scientific information, including representative networks, by 2012,12 and notes with
satisfaction that the Conference of the Parties to the Convention on Biological
Diversity at its ninth meeting adopted scientific criteria for identifying ecologically
or biologically significant marine areas in need of protection in open-ocean waters
and deep-sea habitats and the scientific guidance for selecting areas to establish
representative networks of marine protected areas, including in open-ocean waters
and deep-sea habitats, and took note of the four initial steps to be considered in the
development of representative networks of marine protected areas; 65F66
_______________
64 See A/51/312, annex II, decision II/10.
65 UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.
66 UNEP/CBD/COP/9/29, annex I, decision IX/20, annexes I–III.
A/RES/64/71
27
155. Also notes the work of the expert workshop of the Convention on
Biological Diversity on scientific and technical guidance on the use of
biogeographic classification systems and identification of marine areas beyond
national jurisdiction in need of protection, held in Ottawa from 29 September to
2 October 2009; 6F67
156. Encourages States to foster progress in the implementation of the 2012
target for the establishment of marine protected areas, including representative
networks, and calls upon States to further consider options to identify and protect
ecologically or biologically significant areas, consistent with international law and
on the basis of the best available scientific information;
157. Acknowledges the Micronesia Challenge, the Eastern Tropical Pacific
Seascape project, the Caribbean Challenge and the Coral Triangle Initiative, which
in particular seek to create and link domestic marine protected areas to better
facilitate ecosystem approaches, and reaffirms the need for further international
cooperation, coordination and collaboration in support of such initiatives;
158. Reiterates its support for the International Coral Reef Initiative, takes
note of the International Coral Reef Initiative General Meeting, held in Phuket,
Thailand, from 20 to 23 April 2009, and 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;
159. Encourages States and relevant international institutions to improve
efforts to address coral bleaching by, inter alia, improving monitoring to predict and
identify bleaching events, supporting and strengthening action taken during such
events and improving strategies to manage reefs to support their natural resilience
and enhance their ability to withstand other pressures, including ocean acidification;
160. 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;
161. 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;
162. Encourages further research, studies and consideration of the impacts of
ocean noise on marine living resources, and requests the Division to continue to
compile the peer-reviewed scientific studies it receives from Member States and
intergovernmental organizations pursuant to paragraph 107 of resolution 61/222
and, as appropriate, to make them, or references and links to them, available on its
website;
163. Welcomes 2010 as the International Year of Biodiversity;67F68
_______________
67 See UNEP/CBD/EW-BCS&IMA/1/2.
68 See resolution 61/203.
A/RES/64/71
28
XI
Marine science
164. Calls upon States, individually or in collaboration with each other or
with relevant international organizations and bodies, to continue to strive to improve
understanding and knowledge of the oceans and 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;
165. Notes the contribution of the Census of Marine Life to marine
biodiversity research, and encourages participation in the initiative;
166. Takes note with appreciation of the work of the Intergovernmental
Oceanographic Commission of the United Nations Educational, Scientific and
Cultural Organization, with the advice of the Advisory Body of Experts on the Law
of the Sea, on the development of procedures for the implementation of Parts XIII
and XIV of the Convention, and notes further the resolutions adopted by the
Oceanographic Commission in this regard;
167. Encourages the Advisory Body of Experts to continue its work, in
cooperation with the Division, on the practice of Member States related to marine
scientific research and transfer of marine technology within the framework of the
Convention;
168. Notes with appreciation the work carried out by the Group of Experts at
its meeting held in New York from 20 to 24 April 2009, to assist the Division in the
revision of the publication entitled Marine Scientific Research: A guide to the
implementation of the relevant provisions of the United Nations Convention on the
Law of the Sea, 68F69 and further notes that, consistent with such work, the revised
version is scheduled to be issued as a publication of the United Nations in 2010;
169. Stresses the importance of increasing the scientific understanding of the
oceans-atmosphere interface, including through participation in ocean observing
programmes and geographic information systems, such as the Global Ocean
Observing
System,
sponsored
by
the
Intergovernmental
Oceanographic
Commission,
the
United
Nations
Environment
Programme,
the
World
Meteorological Organization and the International Council for Science, particularly
considering their role in monitoring and forecasting climate change and variability
and in the establishment and operation of tsunami warning systems;
170. Takes
note
with
appreciation
of
the
progress
made
by
the
Intergovernmental Oceanographic Commission and Member States towards the
establishment of regional and national tsunami warning and mitigation systems,
welcomes the continued collaboration of the United Nations and other
intergovernmental organizations in this effort, and encourages Member States to
establish and sustain their national warning and mitigation systems, within a global,
ocean-related multi-hazard approach, as necessary, to reduce loss of life and damage
to national economies and strengthen the resilience of coastal communities to
natural disasters;
171. Takes note of resolution XXV-13 on the global coordination of early
warning and mitigation systems for tsunamis and other sea-level-related hazards,
_______________
69 United Nations publication, Sales No. E.91.V.3.
A/RES/64/71
29
adopted by the Assembly of the Intergovernmental Oceanographic Commission at
its twenty-fifth session, held in Paris from 16 to 25 June 2009;69F70
172. Expresses its concern at the intentional or unintentional damage to
platforms used for ocean observation and marine scientific research, such as moored
buoys and tsunameters, and urges States to take necessary action and to cooperate in
relevant organizations, including the Food and Agriculture Organization of the
United Nations, the Intergovernmental Oceanographic Commission and the World
Meteorological Organization, to address such damage;
XII
Regular Process for Global Reporting and Assessment of the State
of the Marine Environment, including Socio-economic Aspects
173. Reiterates the need to strengthen the regular scientific assessment of the
state of the marine environment in order to enhance the scientific basis for
policymaking;
174. Notes with appreciation the report on the “assessment of assessments” of
the Group of Experts established pursuant to resolution 60/30,5 and acknowledges
the
support
of
the
United
Nations
Environment
Programme
and
the
Intergovernmental Oceanographic Commission, the lead agencies of the
“assessment of assessments”;
175. Takes note of the report on the results of the “assessment of assessments”
submitted by the lead agencies pursuant to resolution 60/30, which also includes, in
accordance with resolution 63/111, the report of the fourth meeting of the Ad Hoc
Steering Group for the “assessment of assessments”, held in Paris from 15 to
17 April 2009;5
176. Welcomes the meeting of the Ad Hoc Working Group of the Whole to
recommend a course of action to the General Assembly at its sixty-fourth session
based on the outcomes of the fourth meeting of the Ad Hoc Steering Group,
convened in New York from 31 August to 4 September 2009 in accordance with
paragraph 157 of resolution 63/111;
177. Endorses the recommendations adopted by the Ad Hoc Working Group
of the Whole that propose a framework for the Regular Process, describe its first
cycle and a way forward and stress the need for further progress to be made on the
modalities for the implementation of the Regular Process prior to the sixty-fifth
session of the General Assembly; 70F71
178. Requests the Secretary-General to convene an informal meeting of the
Ad Hoc Working Group of the Whole from 30 August to 3 September 2010 to
further consider and make recommendations to the General Assembly at its sixty-fifth
session on the modalities for the implementation of the Regular Process, including
the key features, institutional arrangements and financing, and to specify the
objective and scope of its first cycle, key questions to be answered and primary
target audiences, in order to ensure that assessments are relevant for decision-
makers, as well as on the terms of reference for the voluntary trust fund and the
scholarship fund referred to in paragraph 183 below;
_______________
70 See Intergovernmental Oceanographic Commission, Twenty-fifth Session of the Assembly, Paris, 16–25 June
2009 (IOC-XXV/3), annex II.
71 See A/64/347, annex.
A/RES/64/71
30
179. Invites States, as a means to facilitate decisions on the first cycle of the
Regular Process, to submit their views to the Secretary-General on the fundamental
building blocks of the Regular Process, and requests the Secretary-General to
present these views to the General Assembly at its sixty-fifth session in the context
of his annual report on oceans and the law of the sea;
180. Requests the Secretary-General to invite the Chairs of the regional
groups to constitute a group of experts, ensuring adequate expertise and
geographical distribution, comprised of a maximum of 25 experts and no more than
5 experts per regional group, for a period up to and including the informal meeting
of the Ad Hoc Working Group of the Whole referred to in paragraph 178 above;
181. Requests the group of experts to respond and make suggestions on the
issues listed in paragraph 60 of the report on the results of the “assessment of
assessments” 71F72 at the next meeting of the Ad Hoc Working Group of the Whole,
including the possibility of conducting preparatory work, as appropriate, and subject
to the availability of funds, taking into account the views and observations
submitted by States;
182. Requests the Division to provide support for the Regular Process as noted
in paragraphs 178 to 181 and 183 of the present resolution using existing resources
or resources from the voluntary trust fund, in cooperation, as appropriate, with
relevant United Nations specialized agencies and programmes;
183. Requests the Secretary-General to establish a voluntary trust fund for the
purpose of supporting the operations of the first five-year cycle of the Regular
Process, including for the provision of assistance to the experts referred to in
paragraph 180 above from developing countries, in particular least developed
countries, small island developing States and landlocked developing States,
attending the meeting of the Ad Hoc Working Group of the Whole in 2010, as well
as a special scholarship fund to support training programmes for developing
countries, and encourages Member States, international financial institutions, donor
agencies, intergovernmental organizations, non-governmental organizations and
natural and juridical persons to contribute to the funds;
XIII
Regional cooperation
184. 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 that
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;
_______________
72 See A/64/88, annex.
A/RES/64/71
31
XIV
Open-ended Informal Consultative Process on Oceans and the Law of the Sea
185. Welcomes the report on the work of the Consultative Process at its tenth
meeting, which focused on the implementation of the outcomes of the Consultative
Process, including a review of its achievements and shortcomings in its first nine
meetings;3
186. Recognizes the role of the Consultative Process as a unique forum for
comprehensive discussions on issues related to oceans and the law of the sea,
consistent with the framework provided by the Convention and chapter 17 of
Agenda 21,6 and that the perspective of the three pillars of sustainable development
should be further enhanced in the examination of the selected topics;
187. Welcomes the work of the Consultative Process and its contribution to
improving coordination and cooperation between States and strengthening the
annual debate of the General Assembly on oceans and the law of the sea by
effectively drawing attention to key issues and current trends;
188. Also welcomes efforts to improve and focus the work of the Consultative
Process, and in that respect recognizes the primary role of the Consultative Process
in integrating knowledge, the exchange of opinions among multiple stakeholders
and coordination among competent agencies, and enhancing awareness of topics,
including emerging issues, while promoting the three pillars of sustainable
development, and recommends that the Consultative Process devise a transparent,
objective and inclusive process for the selection of topics and panellists so as to
facilitate the work of the General Assembly during informal consultations
concerning the annual resolution on oceans and the law of the sea;
189. Recalls 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-chairs to this effect, particularly before
and during the preparatory meeting for the Consultative Process, and recalls its
decision in this regard, in resolution 63/111, that the eleventh meeting of the
Consultative Process shall be based on the decisions taken by the General Assembly
at its sixty-fourth session;
190. Requests the Secretary-General to convene, in accordance with
paragraphs 2 and 3 of resolution 54/33, the eleventh meeting of the Consultative
Process, in New York from 21 to 25 June 2010, 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;
191. Expresses its serious concern regarding the lack of resources available in
the voluntary trust fund established by 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, and urges States to make additional contributions to the trust
fund;
192. Decides that those representatives from developing countries who are
invited by the co-chairs, in consultation with Governments, to make presentations
during the meetings of the Consultative Process shall receive priority consideration
in the disbursement of funds from the voluntary trust fund established by resolution 55/7
in order to cover the costs of their travel, and shall also be eligible to receive daily
subsistence allowance subject to the availability of funds after the travel costs of all
A/RES/64/71
32
other eligible representatives from those countries mentioned in paragraph 191
above have been covered;
193. Also decides that, in its deliberations on the report of the Secretary-
General on oceans and the law of the sea, the Consultative Process at its eleventh
meeting will focus its discussions on capacity-building in ocean affairs and the law
of the sea, including marine science;
XV
Coordination and cooperation
194. 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;
195. Encourages bodies established by the Convention to strengthen
coordination and cooperation, as appropriate, in fulfilling their respective mandates;
196. 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;
197. 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;
198. 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;
XVI
Activities of the Division for Ocean Affairs and the Law of the Sea
199. 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;
200. Notes with satisfaction the first observance by the United Nations of
World Oceans Day on 8 June 2009, and invites the Division to continue to promote
and facilitate international cooperation on the law of the sea and ocean affairs in the
context of the future observance of World Oceans Day, as well as through its
participation in other events such as the World Expo, to be held in Shanghai, China,
in 2010, and in Yeosu, Republic of Korea, in 2012, and the European Maritime Day
to be celebrated in Gijón, Spain, from 19 to 21 May 2010;
201. 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
A/RES/64/71
33
ensure the allocation of appropriate resources to the Division for the performance of
its activities under the approved budget for the Organization;
XVII
Sixty-fifth session of the General Assembly
202. Requests the Secretary-General to prepare a comprehensive report, in its
current extensive format and in accordance with established practice, for the
consideration of the General Assembly at its sixty-fifth 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 section of the report related to the topic that is the
focus of the eleventh meeting of the Consultative Process available at least six
weeks in advance of the meeting of the Consultative Process;
203. 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;
204. Notes that the report referred to in paragraph 202 above will also be
submitted to States Parties pursuant to article 319 of the Convention regarding
issues of a general nature that have arisen with respect to the Convention;
205. 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 that the period of the informal consultations on both
resolutions should not exceed a maximum of four weeks in total and that the
consultations should be scheduled in such a way that the Division has sufficient
time to produce the report referred to in paragraph 202 above, and invites States to
submit text proposals for inclusion in the resolutions to the coordinators of the
informal consultations at the earliest possible date;
206. Decides to include in the provisional agenda of its sixty-fifth session the
item entitled “Oceans and the law of the sea”.
58th plenary meeting
4 December 2009
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UN Project. “A/RES/64/71.” UN Project, https://un-project.org/votes/resolution/A-RES-64-71/. Accessed .