A/RES/70/235 GA
Oceans and the law of the sea : resolution / adopted by the General Assembly
70
Session
143
Yes
1
No
4
Abstentions
| Draft symbol | A/70/L.22/Add.1 |
|---|---|
| Adopted symbol | A/RES/70/235 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
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| UN Document | A/RES/70/235 ↗ |
Vote Recorded Vote — A/70/PV.82
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Afghanistan
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Azerbaijan
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Bahamas
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Belarus
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Belize
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Burundi
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Comoros
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Democratic Republic of the Congo
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Dominica
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Ethiopia
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Gambia
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Grenada
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Guinea-Bissau
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Haiti
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Honduras
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Islamic Republic of Iran
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Kiribati
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Kyrgyzstan
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Lesotho
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Liberia
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Malawi
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Mauritania
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Mongolia
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Namibia
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Nauru
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Nigeria
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Palau
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Peru
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Qatar
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Saint Vincent and the Grenadines
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Samoa
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Seychelles
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South Sudan
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Timor-Leste
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Togo
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Turkmenistan
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Uganda
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Uzbekistan
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Vanuatu
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Viet Nam
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Albania
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Andorra
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Angola
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Antigua and Barbuda
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Argentina
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Armenia
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Australia
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Austria
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Bahrain
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Bangladesh
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Barbados
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Belgium
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Benin
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Bhutan
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Plurinational State of Bolivia
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Bosnia and Herzegovina
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Botswana
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Brazil
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Brunei Darussalam
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Bulgaria
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Burkina Faso
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Cabo Verde
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Cambodia
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Cameroon
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Canada ⚠
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Chad
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Chile
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China
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Colombia
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Congo
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Costa Rica
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Côte d'Ivoire
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Croatia
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Cuba
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Cyprus
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Czechia
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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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Ecuador
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Egypt
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Equatorial Guinea
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Eritrea
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Estonia
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Fiji
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Finland
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France ⚠
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Gabon
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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
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Guyana
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Hungary
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Iceland
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India
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Indonesia
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Iraq
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Ireland
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Israel ⚠
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Italy
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Jamaica
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Japan
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Jordan
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Kazakhstan
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Kenya
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Kuwait
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Lao People's Democratic Republic
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Latvia
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Lebanon
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Libya
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Liechtenstein
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Lithuania
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Luxembourg
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Madagascar
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Malaysia
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Maldives
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Malta
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Marshall Islands
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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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Montenegro
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Morocco
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Mozambique
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Myanmar
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Niger
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Norway
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Philippines
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Poland
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Portugal
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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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Rwanda
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Saint Kitts and Nevis
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Saint Lucia
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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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Sierra Leone
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Singapore
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Slovakia
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Slovenia
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Solomon Islands
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South Africa
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Spain
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Sri Lanka
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Sudan
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Suriname
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Sweden
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Switzerland
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Syrian Arab Republic
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Thailand
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North Macedonia
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Trinidad and Tobago
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Tunisia
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Tuvalu
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Ukraine
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland ⚠
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United Republic of Tanzania
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United States of America ⚠
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Uruguay
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Yemen
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Zambia
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Zimbabwe
Full text of resolution
United Nations
A/RES/70/235*
General Assembly
Distr.: General
15 March 2016
Seventieth session
Agenda item 79 (a)
15-16989* (E)
*1516989*
Please recycle
Resolution adopted by the General Assembly on 23 December 2015
[without reference to a Main Committee (A/70/L.22 and Add.1)]
70/235. 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 69/245 of 29 December 2014, as well as other
relevant resolutions concerning the United Nations Convention on the Law of the
Sea (the Convention),1
Recalling also, in this regard, resolution 69/292 of 19 June 2015 on the
development of an international legally binding instrument under the Convention on
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction,
Having considered the report of the Secretary-General,2 the summary of the
first global integrated marine assessment, 3 transmitted by the letter dated 7 July
2015 from the Co-Chairs of the Ad Hoc Working Group of the Whole on the
Regular Process for Global Reporting and Assessment of the State of the Marine
Environment, including Socioeconomic Aspects (the Regular Process), to the
President of the General Assembly, 4 and the reports on the work of the Ad Hoc
Working Group of the Whole on the Regular Process,5 of the United Nations Open-
ended Informal Consultative Process on Oceans and the Law of the Sea (the
Informal Consultative Process) at its sixteenth meeting 6 and on the twenty-fifth
Meeting of States Parties to the Convention,7
Recognizing 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
_______________
* Reissued for technical reasons on 29 March 2016.
1 United Nations, Treaty Series, vol. 1833, No. 31363.
2 A/70/74 and Add.1.
3 World Ocean Assessment I.
4 See A/70/112.
5 A/70/418.
6 A/70/78.
7 SPLOS/287.
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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 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 United
Nations Conference on Environment and Development in chapter 17 of Agenda 21,8
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,9
Noting with satisfaction that, in the outcome document of the United Nations
Conference on Sustainable Development, held in Rio de Janeiro, Brazil, from 20 to
22 June 2012, entitled “The future we want”,10 as endorsed by the General Assembly
in resolution 66/288 of 27 July 2012, States recognized that oceans, seas and coastal
areas form an integrated and essential component of the Earth’s ecosystem and are
critical to sustaining it, and that international law, as reflected in the Convention,
provides the legal framework for the conservation and sustainable use of the oceans
and their resources, and stressed the importance of the conservation and sustainable
use of the oceans and seas and of their resources for sustainable development,
including through their contributions to poverty eradication, sustained economic
growth, food security and creation of sustainable livelihoods and decent work, while
at the same time protecting biodiversity and the marine environment and addressing
the impacts of climate change,
Welcoming the outcome document of the United Nations summit for the
adoption of the post-2015 development agenda, held from 25 to 27 September 2015,
entitled “Transforming our world: the 2030 Agenda for Sustainable Development”,
as adopted by the General Assembly in its resolution 70/1 of 25 September 2015,
and in this regard reaffirming the commitment to conserve and sustainably use the
oceans, seas and marine resources for sustainable development, as reflected in Goal
14 of the outcome document,
Recognizing paragraphs 64 and 65 of the Addis Ababa Action Agenda of the
Third International Conference on Financing for Development, adopted by the
Conference, which was held from 13 to 16 July 2015,11
Recalling that in “The future we want”, States underscored that broad public
participation and access to information and judicial and administrative proceedings
were essential to the promotion of sustainable development and that sustainable
development required the meaningful involvement and active participation of
regional, national and subnational legislatures and judiciaries, and all major groups,
and, in this regard, that they agreed to work more closely with major groups and
_______________
8 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.
9 Resolution 55/2.
10 Resolution 66/288, annex.
11 Resolution 69/313, annex.
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other stakeholders and encouraged their active participation, as appropriate, in
processes that contribute to decision-making, planning and implementation of
policies and programmes for sustainable development at all levels,
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 and
their physical and biogenic structure, including coral reefs, cold water habitats,
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,
Reiterating its serious concern at the current and projected adverse effects of
climate change and ocean acidification on the marine environment and marine
biodiversity, and emphasizing the urgency of addressing these issues,
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,
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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 and
ocean acidification,
Recognizing the need for a more integrated and ecosystem-based approach to,
further study of and the promotion of 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, and noting that under the International Convention for the
Safety of Life at Sea, 1974,12 ships on international voyages are required to carry an
electronic chart display and information system, in accordance with the
implementation schedule as set out in that Convention,
Recognizing that ocean data buoys deployed and operated in accordance with
international law are critical for improving understanding of weather, climate and
ecosystems, and that certain types of ocean data buoys contribute to saving lives by
detecting tsunamis, and reiterating its serious concern at intentional and
unintentional damage to such buoys,
Emphasizing that underwater archaeological, cultural and historical heritage,
including shipwrecks and watercraft, 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, trafficking in persons and illicit trafficking
in firearms, 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,
Reiterating the importance of the fair treatment of crew members and its
influence on maritime safety,
Recognizing that fibre-optic submarine cables transmit most of the world’s
data and communications and hence are vitally important to the global economy and
the national security of all States, conscious that these cables are susceptible to
_______________
12 United Nations, Treaty Series, vol. 1184, No. 18961.
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intentional and accidental damage from shipping and other activities and that the
maintenance, including the repair, of these cables is important, noting that these
matters have been brought to the attention of States at various workshops and
seminars, and conscious of the need for States to adopt national laws and regulations
to protect submarine cables and render their wilful damage or damage by culpable
negligence punishable offences,
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 to the Convention on the outer limits of their
continental shelf beyond 200 nautical miles, that the Commission has continued to
fulfil its role, including of making recommendations to coastal States, and that the
summaries of recommendations are being made publicly available, 13
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),14
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 the General
Assembly in its 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 pursuant to
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 that practical difficulties can arise when there is a considerable
delay between the preparation of submissions and their consideration by the
Commission, including in retaining expertise up to and during the consideration of
the submissions by the Commission,
_______________
13 Available from the web page of the Commission maintained by the Division for Ocean Affairs and the
Law of the Sea.
14 SPLOS/183.
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Recognizing also 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), and welcoming the decision of the twenty-first
Meeting of States Parties to the Convention regarding the workload of the
Commission,15
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, and in this
regard noting with appreciation the continued implementation of the decision of the
Commission at its thirtieth session concerning the arrangements for its sessions and
the meetings of its subcommissions, taking into account the decision of the twenty-
first Meeting of States Parties to the Convention,16
Recognizing the need 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,
Expressing concern about the implications of the workload of the Commission
for the conditions of service of its members,
Noting, in this regard, the decision of the twenty-fifth Meeting of States
Parties to the Convention regarding the conditions of service of the members of the
Commission,17
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
socioeconomic aspects, both current and foreseeable, building on existing regional
assessments, as recommended by the World Summit on Sustainable Development, 18
and noting the need for cooperation among all States to this end,
Recalling also its decisions, in paragraphs 202, 203 and 209 of resolution
65/37 A of 7 December 2010 and paragraphs 200, 205 and 206 of resolution 66/231
of 24 December 2011, regarding the Regular Process, as established under the
United Nations and accountable to the General Assembly,
Recalling further that the Division has been designated to provide secretariat
support to the Regular Process, including its established institutions,
Recognizing the importance and the contribution of the work of the Informal
Consultative Process established by the General Assembly in its resolution 54/33 of
24 November 1999 to facilitate the annual review of developments in ocean affairs
by the Assembly,
Noting the continuously growing responsibilities of the Secretary-General
under the Convention and related resolutions of the General Assembly, in particular
_______________
15 SPLOS/229.
16 See CLCS/76, CLCS/80 and Corr.1, CLCS/85 and CLCS/88.
17 SPLOS/286.
18 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.
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resolutions 49/28 of 6 December 1994, 52/26 of 26 November 1997, 54/33, 65/37 A,
65/37 B of 4 April 2011, 66/231, 67/78 of 11 December 2012, 68/70 of 9 December
2013, 69/245 and 69/292, and in this context the unprecedented 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, the provision of
technical assistance and capacity-building, the need for enhanced support and
assistance to the Commission and the role of the Division in carrying out the
functions in resolution 69/292 and as the secretariat of the Regular Process, and in
relation to the functions as focal point for UN-Oceans,
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),19
Reaffirming also the importance of the work of the International Tribunal for
the Law of the Sea (the Tribunal) in accordance with the Convention,
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 69/245, and other relevant resolutions
concerning the Convention;1
2.
Also reaffirms the unified character of the Convention and the vital
importance of preserving its integrity;
3.
Welcomes the recent accession to the Convention, and calls upon all
States that have not done so, in order to fully achieve the goal of universal
participation, to become parties to the Convention and the Part XI Agreement;19
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); 20
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, preferably using the generally accepted and most
recent geodetic datums;
_______________
19 United Nations, Treaty Series, vol. 1836, No. 31364.
20 Ibid., vol. 2167, No. 37924.
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7.
Notes, in this regard, the ongoing efforts of the Secretary-General to
improve the existing geographic information system for the deposit by States of
charts and geographical coordinates concerning maritime zones, including lines of
delimitation, submitted pursuant to the Convention, and to give due publicity
thereto, as requested in paragraph 6 of resolution 59/24 of 17 November 2004, as
well as the ongoing cooperation with the International Hydrographic Organization to
develop the technical standards for the collection, storage and dissemination of the
information deposited, in order to ensure compatibility among geographic
information systems, electronic nautical charts and other systems, and emphasizes
the importance of the prompt completion of these efforts;
8.
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;
9.
Acknowledges the recent deposit of instruments of ratification and
acceptance of the 2001 Convention on the Protection of the Underwater Cultural
Heritage,21 calls upon States that have not yet done so to consider becoming parties
to that Convention, and notes in particular the rules annexed to that Convention,
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
10. Emphasizes that capacity-building is essential to ensure that States,
especially developing countries, in particular the least developed countries and
small island developing States, as well as coastal African States, are able to fully
implement the Convention, benefit from the sustainable development of the oceans
and seas and participate fully in global and regional forums on ocean affairs and the
law of the sea;
11.
Recalls, in this regard, that in “The future we want”,10 States recognized
the importance of building the capacity of developing countries to be able to benefit
from the conservation and sustainable use of the oceans and seas and their
resources, and in this regard emphasized the need for cooperation in marine
scientific research to implement the provisions of the Convention and the outcomes
of the major summits on sustainable development, as well as for the transfer of
technology, taking into account 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 at its twenty-second session, in 2003;
12. Emphasizes the need for international cooperation for capacity-building,
including cross-sectoral cooperation, at national, regional and global levels, to
_______________
21 Ibid., vol. 2562, No. 45694.
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address, in particular, gaps in capacity-building in ocean affairs and the law of the
sea, including marine science;
13. Calls for capacity-building initiatives to take into account the needs of
developing countries, and calls upon States, international organizations and donor
agencies to make efforts to ensure the sustainability of such initiatives;
14. Calls upon donor agencies and international financial institutions to keep
their programmes systematically under review to ensure the availability in all States,
particularly in developing States, of the economic, legal, navigational, scientific and
technical skills necessary for the full implementation of the Convention and the
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;
15. 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 aids to navigation, 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;
16. Calls upon States and international institutions, including through
bilateral, regional and global cooperation programmes, technical partnerships and
fellowships, to continue to support and 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;
17. Also calls upon States and international institutions, including through
bilateral, regional and global cooperation programmes, technical partnerships and
fellowships, to support and 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;
18. Further calls upon States and international institutions, including
through bilateral, regional and global cooperation programmes, technical
partnerships and fellowships, to develop and strengthen capacity-building activities
in and to transfer to developing countries, in particular least developed countries
and small island developing States, on mutually agreed terms, and taking into
account the Criteria and Guidelines on the Transfer of Marine Technology,
environmentally sound technologies to study and minimize the impacts of ocean
acidification;
19. Emphasizes the need to focus on strengthening South-South cooperation
as an additional way to build capacity and as a cooperative mechanism to further
enable countries to set their own priorities and needs and to foster actions to
implement such cooperation;
20. Recognizes with appreciation the important contribution to capacity-
building in the field of the law of the sea by the Rhodes Academy of Oceans Law
and Policy, a cooperative undertaking by the Center for Oceans Law and Policy of
the University of Virginia School of Law, the Aegean Institute of the Law of the Sea
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and Maritime Law, the Law of the Sea Institute of Iceland, the Max Planck Institute
for Comparative Public Law and International Law, the Netherlands Institute for the
Law of the Sea of Utrecht University and the Centre for International Law of the
National University of Singapore that offers a prominent three-week summer course
annually in Rhodes, Greece, celebrates its twentieth anniversary in 2015 and has
graduated more than 700 students from more than 120 countries;
21. 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, confirms its
effective capacity-building role in the field of international law, and urges States,
intergovernmental organizations and financial institutions to make voluntary
financial contributions to the budget of the Institute;
22. Also recognizes the importance of the World Maritime University of the
International Maritime Organization as a centre of excellence 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, and urges States, intergovernmental organizations and other
bodies to make voluntary financial contributions to the University;
23. 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;
24. 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;22
25. 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;
26. 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, 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 resolutions 55/7, 57/141 and 64/71 of 4 December
2009, established for this purpose, and expresses its appreciation to those that have
contributed;23
_______________
22 Ibid., vols. 2225, 2237, 2241 and 2326, No. 39574.
23 See A/70/74/Add.1, para. 137.
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27. Acknowledges the importance of capacity-building for developing States,
in particular the least developed countries and small island developing States, as
well as coastal African States, for the protection of the marine environment and the
conservation and sustainable use of marine resources;
28. Recognizes that promoting the voluntary transfer of technology is an
essential aspect of building capacity in marine science;
29. Encourages States to use the Intergovernmental Oceanographic
Commission Criteria and Guidelines on the Transfer of Marine Technology, and
recalls the important role of the secretariat of that Commission in the
implementation and promotion of the Criteria and Guidelines;
30. Also encourages States to consider additional opportunities for capacity-
building at the regional level;
31. Welcomes the efforts of the Tribunal in holding regional workshops,
including the latest workshop for the Asia-Pacific region, entitled “The Role of the
International Tribunal for the Law of the Sea in the Settlement of Disputes relating
to the Law of the Sea”, held in Bali, Indonesia, on 27 and 28 August 2015, with the
assistance of the Korea Maritime Institute and in cooperation with the Ministry of
Foreign Affairs of Indonesia;
32. Takes note of the decision by the Executive Council of the
Intergovernmental Oceanographic Commission to launch the Global Ocean Science
Report;
33. Notes with appreciation the adoption by the Assembly of the
Intergovernmental Oceanographic Commission of the new Capacity Development
Strategy (2015–2021) which takes into account that capacity development is a
fundamental tenet of the mission of the Intergovernmental Oceanographic
Commission;
34. Expresses its appreciation for the contribution of the Intergovernmental
Oceanographic Commission to capacity-building through its Ocean Teacher
Academy training system, which has provided training in ocean data and
information management, and notes the setting up of the Ocean Teacher Global
Academy, operating through a network of regional training centres, which builds
capacity and promotes expertise available in developing countries;
35. Notes with satisfaction the efforts of the Division to compile information
on capacity-building initiatives, requests the Secretary-General to continue to
regularly update such information provided by States, international organizations
and donor agencies and include it in his annual report to the General Assembly,
invites States, international organizations and donor agencies to submit such
information to the Secretary-General for this purpose, and requests the Division to
post the information on capacity-building initiatives from the annual report of the
Secretary-General on the website of the Division in an easily accessible manner so
as to facilitate the matching of capacity-building needs with opportunities;
36. 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
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technical advice in the preparation of data for their submissions, in accordance with
article 3 of annex II to the Convention;
37. Recognizes the importance of the trust fund established pursuant to
resolution 55/7 for the purpose of facilitating the preparation of submissions to the
Commission for developing States, in particular the least developed countries and
small island developing States, and compliance with article 76 of the Convention,
and, in order to assist developing States to meet the travel and daily subsistence
allowance costs associated with meeting with the Commission when their
submissions are being examined and upon the invitation of the Commission, in
accordance with paragraph 31 of the terms of reference, guidelines and rules of the
trust fund,24 amends, as set out in the annex to the present resolution, sections 2, 4
and 5 of the terms of reference, guidelines and rules of the trust fund;
38. 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 25
and the Scientific and Technical Guidelines of the Commission 26 and to defray the
costs of travel and daily subsistence allowance for delegates to participate in
meetings with the Commission upon its invitation;
39. 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;
40. Recognizes with appreciation the contribution of the Division to
capacity-building activities at the national and regional levels, in particular the work
of the Division in promoting wider appreciation of the Convention and in assisting
with its implementation, through the provision of information, advice and assistance
to States and intergovernmental organizations, and recognizes in particular the
delivery of a programme of assistance to the Government of Somalia under a project
funded by the Trust Fund to Support Initiatives of States Countering Piracy off the
Coast of Somalia;
41. Invites Member States and others in a position to do so to support the
capacity-building activities of the Division, including by making earmarked
voluntary contributions to the trust fund established by the Secretary-General for the
Office of Legal Affairs to support the promotion of international law, and expresses
its appreciation to those who have contributed;
42. Recognizes with appreciation the important contribution to the capacity-
building of developing countries and the promotion of the law of the sea made by
the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea,
which was established by the General Assembly in 1981 in honour of the first
President of the Third United Nations Conference on the Law of the Sea and which,
relying on its network of 17 host institutions, has awarded to date 30 fellowships to
_______________
24 Resolution 55/7, annex II.
25 CLCS/40/Rev.1.
26 CLCS/11 and Corr.1 and Add.1 and Add.1/Corr.1.
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individuals from 26 Member States, welcomes the fact that the twenty-seventh
award, in 2015, was made possible thanks to the generous contributions of Member
States, expresses its concern that the twenty-eighth award, in 2016, may not be
possible owing to a lack of funding, and recalls in this regard, the provisions of its
resolutions on the United Nations Programme of Assistance in the Teaching, Study,
Dissemination and Wider Appreciation of International Law; 27
43. Also recognizes with appreciation the important contribution of the
United Nations-Nippon Foundation of Japan Fellowship Programme, which has
awarded 120 fellowships to individuals from 70 Member States since 2004, to
human resources development for developing Member States in the field of ocean
affairs and the law of the sea and related disciplines, as well as the fostering of
global interlinkages and continuing capacity development through the alumni
programme, which held a regional meeting on oceans and climate change, in
Cancun, Mexico, from 5 to 9 October 2015, and a meeting on technical aspects of
the law of the sea, in Monaco from 20 to 23 October 2015, and further recognizes
with appreciation the provision of a fellowship under the Special Strategic Award of
the United Nations-Nippon Foundation of Japan Fellowship Programme in 2015;
44. Further recognizes with appreciation the important contribution of the
Korea Maritime Institute to the trust fund to support the internship programmes at
the Tribunal since 2011 and its continued efforts to provide education and training
for capacity-building of developing countries through the Yeosu Academy of the
Law of the Sea programme, the first and second sessions of which were held in
October 2014 and October 2015, respectively;
45. Encourages the competent international organizations, the United
Nations Development Programme and international financial institutions and funds
to consider expanding their programmes within their respective fields of
competence for assistance to developing countries and to coordinate their efforts,
and recognizes the funding available from the Global Environment Facility as well
as other funds allocated for projects relating to oceans;
III
Meeting of States Parties
46. Welcomes the report of the twenty-fifth Meeting of States Parties to the
Convention,7 also welcomes the election by the Meeting on 10 June 2015 of one
member of the Commission,7 and further welcomes the decision taken by the
Meeting regarding the conditions of service of the members of the Commission; 28
47. Notes that the twenty-fifth Meeting of States Parties, convened by the
Secretary-General pursuant to resolution 69/245, is to be resumed on 15 January
2016, and requests the Secretary-General to provide full conference services,
including documentation, as required;
48. Requests the Secretary-General to convene the twenty-sixth Meeting of
States Parties to the Convention from 20 to 24 June 2016, with full conference
services, including documentation, as required;
_______________
27 Resolutions 69/117, para. 8, and 70/116, para. 4.
28 See SPLOS/286 and SPLOS/287.
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IV
Peaceful settlement of disputes
49. 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;
50. 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;
51. Notes that States parties to an international agreement related to the
purposes of the Convention may submit to, inter alia, the Tribunal or the
International Court of Justice any dispute concerning the interpretation or
application of that agreement submitted in accordance with that agreement, and also
notes the possibility, provided for in the Statutes of the Tribunal and the Court, to
submit disputes to a chamber;
52. 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
53. Reiterates the importance of the ongoing elaboration and standardization
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;
54. Notes that, as at 31 July 2015, the Authority had approved 27 plans of
work for exploration for marine mineral resources in the Area and had entered into
15-year contracts for exploration for polymetallic nodules, for polymetallic
sulphides and for cobalt-rich ferromanganese crusts;
55. Notes with appreciation the decision taken by the Council of the
Authority at its twenty-first session to adopt the procedures and criteria for
extension of an approved plan of work for exploration pursuant to section 1,
paragraph 9, of the annex to the Part XI Agreement;29
56. Encourages the Authority to continue its work on the exploitation
regulations as a matter of priority and in accordance with the list of priority
deliverables endorsed by the Council of the Authority; 30
_______________
29 ISBA/21/C/19.
30 See ISBA/21/C/20.
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57. Recalls the relevance of the advisory opinion on the responsibilities and
obligations of States sponsoring persons and entities with respect to activities in the
Area, issued by the Seabed Disputes Chamber of the Tribunal on 1 February 2011;31
58. Recognizes 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 in the Area,
respectively;
59. Notes the decision of the Assembly of the Authority to undertake,
pursuant to article 154 of the Convention, a general and systematic review of the
manner in which the international regime of the Area has operated in practice, and
also notes that an interim report on the progress of the review will be submitted to
the Assembly of the Authority at its twenty-second session, while the final report,
together with any recommendations designed to improve the operation of the
regime, is to be submitted to the Assembly at its twenty-third session;32
60. Recalls that the environmental management plan for the Clarion-
Clipperton Zone, including the designation, on a provisional basis, of a network of
areas of particular environmental interest, was approved in 2012, to be implemented
over an initial three-year period so that it may be improved as more scientific,
technical and environmental baseline and resource assessment data become
available and that, for that purpose, the conduct of marine scientific research in
those areas and the supply of available results to the Authority was encouraged, 33 in
this regard welcomes the request by the Council of the Authority that a workshop be
held before the twenty-second session of the Authority to review the implementation
of the plan, and notes with appreciation that the Council encouraged the Legal and
Technical Commission and the secretariat of the Authority to make progress on the
development of environmental management plans in other international seabed area
zones, in particular where there are currently contracts for exploration;30
61. Expresses its appreciation to States that have made contributions to the
voluntary trust fund established pursuant to the decision of the Authority at its
eighth session 34 for the purpose of defraying the cost of participation of the
members of the Legal and Technical Commission from developing countries and the
members of the Finance Committee from developing countries in the meetings of
the Commission and of the Committee,35 and to States that have made contributions
to the endowment fund for marine scientific research in the Area established by the
Authority at its twelfth session,36 for the purpose of promoting and encouraging the
conduct of collaborative marine scientific research in the Area, and encourages
States to make additional contributions to these funds; 35
62. Recognizes the ongoing efforts of the Authority to promote its work, and
notes in this regard the workshop on mineral exploitation in the Area, held in
Singapore, on 16 and 17 June 2015;
_______________
31 See ISBA/17/A/9.
32 ISBA/21/A/9.
33 See ISBA/18/C/22.
34 ISBA/8/A/11.
35 See ISBA/21/A/2.
36 ISBA/12/A/11.
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VI
Effective functioning of the Authority and the Tribunal
63. Commends the progress in the work of the Authority;
64. Also commends the work of the Tribunal since its establishment;
65. 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;
66. Encourages the Authority to continue to explore ways to manage the
workload resulting from the increasing number of contracts and applications, and
notes the decision of the Council of the Authority at its twenty-first session, in
which it requested the Secretary-General of the Authority to ensure that adequate
time and resources continue to be made available to support the work of the Legal
and Technical Commission, especially on priority issues;30
67. Notes the decision of the Assembly at its twenty-first session, in which it
strongly encouraged contractors that were still considering their position in relation
to the annual overhead charge established by the Assembly at its nineteenth session,
related to the administration and supervision of their contracts, to accept the
relevant amendments to the standard terms of their contracts in order to ensure
equitable burden-sharing among all contractors,37 and in this regard recognizes that
a number of contractors have already accepted the annual overhead charge;38
68. Expresses concern about the low attendance at the annual sessions of the
Assembly of the Authority, noting also the concerns expressed with regard to the
scheduling of annual sessions of the Authority and taking into consideration the
great strides made by the Authority in adopting regulations for the prospecting and
exploration of minerals in the Area, and invites the Authority to consider measures
to improve the attendance at its annual sessions, including the holding of the
sessions at an earlier time;
69. Recognizes the ongoing efforts of the Authority to organize sensitization
seminars to promote awareness of its work and notes, in this regard, the holding of
the ninth sensitization seminar on the exploration and exploitation of deep seabed
mineral resources in the Area, in Pretoria from 17 to 19 March 2015, welcomes the
call to include landlocked and other geographically disadvantaged countries in the
seminars, and calls upon other States and regions to consider inviting the Authority
to organize such seminars in order to promote wider participation by the
international community in the exploration and exploitation of mineral resources in
the Area;
70. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 39 and to the
Protocol on the Privileges and Immunities of the Authority; 40
_______________
37 See ISBA/21/A/10, para. 5.
38 See ISBA/21/FC/4/Rev.2.
39 United Nations, Treaty Series, vol. 2167, No. 37925.
40 Ibid., vol. 2214, No. 39357.
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71. Emphasizes the importance of the rules and staff regulations of the
Tribunal 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;
VII
The continental shelf and the work of the Commission
72. 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;
73. 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;
74. 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);
75. 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, 41 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, and notes with satisfaction that additional submissions referred to in
preliminary information have been filed with the Commission;
76. Further notes with satisfaction the progress in the work of the
Commission42 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;
77. Notes with satisfaction that the Commission, taking into account the
decision of the eighteenth Meeting of States Parties to the Convention, 41 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;
_______________
41 See SPLOS/183.
42 See CLCS/88, CLCS/90 and CLCS/91.
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78. Takes note of the 22 recommendations made by the Commission on the
submissions of a number of coastal States, and welcomes the fact that summaries of
recommendations are being made publicly available in accordance with
paragraph 11.3 of annex III to the Rules of Procedure of the Commission;
79. Notes that the 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;
80. Also notes the considerable number of submissions yet to be considered
by the Commission and the demands that this places on its members and the
secretariat as provided by the Division, and 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;
81. Takes note with appreciation of the decision of the Commission at its
thirty-fifth and thirty-seventh sessions regarding the workload of the Commission,
including its decision to continue to extend the duration of its sessions for 2015 and
until June 2017 to three sessions of seven weeks each, including plenary meetings, 43
and further notes the decision of the Commission at its thirty-second and thirty-
fourth sessions to establish new subcommissions so that nine subcommissions
would actively consider submissions;44
82. Notes that the Meeting of States Parties to the Convention, in its
decisions regarding the conditions of service of the members of the Commission, 45
reaffirmed the obligation of States under the Convention whose experts were
serving on the Commission to defray the expenses of the experts they had
nominated while the experts are in performance of Commission duties, including the
provision of medical coverage, and urged those 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;
83. Also notes the decision of the twenty-fifth Meeting of States Parties to
the Convention to continue the consideration of the conditions of service of the
members of the Commission within the open-ended working group established by
the twenty-third Meeting of States Parties to the Convention;17
84. 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, 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;
85. 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;
_______________
43 See CLCS/85 and CLCS/88.
44 See CLCS/80 and Corr.1 and CLCS/83 and Corr.1.
45 SPLOS/276 and SPLOS/286.
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86. Requests the Secretary-General to take appropriate and timely measures
to ensure secretariat services for the Commission and its subcommissions for the
extended duration of time requested in the decision of the twenty-first Meeting of
States Parties to the Convention;15
87. Also requests the Secretary-General, consequently, to continue to allocate
appropriate and sufficient resources to the Division to provide adequate services and
assistance to the Commission in view of the increase in the number of its working
weeks;
88. Expresses its appreciation to States that have made contributions to the
voluntary trust fund established pursuant to resolution 55/7 for the purpose of
facilitating the preparation of submissions to the Commission and to the voluntary
trust fund also established pursuant to 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,23 encourages States to make additional
contributions to these funds, and authorizes the use, as appropriate, of the latter trust
fund, and in accordance with the purpose of its terms of reference, to defray the cost
of the participation of the Chair of the Commission who is a member of the
Commission nominated by a developing country in the Meetings of States Parties to
the Convention;
89. Authorizes the Secretary-General, as an interim measure and subject to
the availability of funds in the trust fund established pursuant to resolution 55/7 for
facilitating the participation of members of the Commission from developing States
in the meetings of the Commission, following the allocation of the required funds to
cover the costs of travel and daily subsistence allowance of the members of the
Commission from developing States for the sessions of the Commission in 2016, to
reimburse those members for the costs of medical travel insurance from that trust
fund on a session-by-session basis and subject to a reasonable limit that the
Secretary-General shall determine, based on the information regarding medical
travel insurance available to him;
90. Takes note of the written information, provided by the Secretary-General
in response to the request in paragraph 81 of resolution 69/245, on options for
mechanisms to provide medical insurance coverage to members of the Commission,
including costs, and expresses its intention to continue to consider these and other
options and, if necessary, to further review the terms of reference for the trust fund
established pursuant to resolution 55/7 for the purpose of facilitating the
participation of members of the Commission from developing States in the meetings
of the Commission;
91. Emphasizes the need for members of the Commission to have more
suitable working space for their work at the sessions of the Commission and its
subcommissions and, in this regard, recognizes the written information, provided by
the Secretary-General in response to the request in paragraph 84 of resolution
69/245, on options to ensure that they have such working space, and notes that
consideration of structural changes to the current working space of the Commission
would need to take due account of the upcoming expiry of the lease for the current
premises of the Division and other issues raised in the study on the long-term
accommodation needs at United Nations Headquarters for the period from 2014 to
203446 and the associated consideration of those issues by the General Assembly;
_______________
46 A/68/734.
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92. Recognizes, in regard to the long-term accommodation discussions, that,
owing to its exceptional character, the Commission has special requirements for its
working space, including the need for additional fit-for-purpose working space,
adequate technical equipment and climate control, and needs to remain located
within the same premises as the Division, and emphasizes that, in the context of any
relocation of the Division or any change in its working space, full regard will be
paid to these special requirements of the Commission;
93. Notes with concern the urgent challenges that the current working
conditions place on the Commission, and in this regard, while taking due account of
the upcoming expiry of the lease of the current premises of the Division and the
long-term accommodation discussions noted in paragraph 92 above, requests that
the
Secretary-General
provide
cost-effective,
transportable,
non-structural
improvements to address some of the immediate working space needs of the
Commission;
94. Approves the convening by the Secretary-General of the fortieth, forty-
first and forty-second sessions of the Commission, in New York, from 1 February to
18 March 2016, from 11 July to 26 August 2016 and from 17 October to
2 December
2016,
respectively,
with
full
conference
services,
including
documentation, for the plenary parts of these sessions, 47 as well as any resumed
sessions as may be required by the Commission, and requests the Secretary-General
to make every effort to meet these requirements within overall existing resources;
95. 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;
96. Expresses its appreciation to States that have exchanged 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, and
encourages States to continue to exchange views;
97. Requests the Secretary-General, in cooperation with Member States, to
continue to support 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
98. 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;
_______________
47 From 8 to 12 February and from 7 to 11 March 2016 during the fortieth session, and from 18 to 22 July
and from 15 to 19 August 2016 during the forty-first session.
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99. 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;
100. 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, and urges the establishment of more centres to provide the required
education and training;
101. Also emphasizes that safety and security measures should be
implemented in support of and with minimal negative effects on seafarers and
fishers, especially in relation to their working conditions, and welcomes the ongoing
cooperation between the Food and Agriculture Organization of the United Nations
and the International Labour Organization in relation to decent work and
employment in fisheries and aquaculture and on child labour in fisheries and
aquaculture, as well as the work that has been conducted by the United Nations
Office on Drugs and Crime and the International Labour Organization on the issue
of trafficking in persons and forced labour on fishing vessels;
102. Welcomes the consideration by the International Maritime Organization
of the fair treatment of seafarers, and notes the adoption by the Organization on
4 December 2013 of resolution A.1090(28) on the fair treatment of crew members in
respect of shore leave and access to shore-side facilities;
103. Notes the theme for the 2015 World Maritime Day, “Maritime education
and training”;
104. Invites States that have not yet done so to become parties to the
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978,48 as amended, and the International Convention on Standards of
Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;
105. Invites States that have not yet done so to become parties to the Maritime
Labour Convention, as amended, and also invites States that have not yet done so to
ratify or accede to the Work in Fishing Convention, 2007 (No. 188) and the
Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), 49 of the
International Labour Organization and to effectively implement all of those
Conventions, and emphasizes the need to provide to States, at their request,
technical cooperation and assistance in that regard;
106. Invites States to ratify or accede to the Cape Town Agreement of 2012 on
the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating
to the Torremolinos International Convention for the Safety of Fishing Vessels,
1977;
107. 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, and underlines the urgent need for continued work in that area;
_______________
48 United Nations, Treaty Series, vol. 1361, No. 23001.
49 Ibid., vol. 2304, No. 41069.
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108. 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 of the United Nations and the Convention;
109. 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 and terrorist acts against shipping, offshore installations and other maritime
interests, through bilateral and multilateral instruments and mechanisms aimed at
monitoring, preventing and responding to such threats, 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,
and in this regard welcomes the adoption at the Ministerial Meeting of the twenty-
second Regional Forum of the Association of Southeast Asian Nations, held in
Kuala Lumpur on 6 August 2015, of the Work Plan for Maritime Security 2015–2017;
110. Acknowledges the work of the Commission on Crime Prevention and
Criminal Justice in promoting international cooperation and strengthening capacity
to combat the problem of transnational organized crime committed at sea;
111. Notes that piracy and armed robbery at sea affect a wide range of vessels
engaged in maritime activities;
112. 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 notes with appreciation the important role of the International Maritime
Organization and the important contribution of the Information Sharing Centre of
the Regional Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia, based in Singapore, which will mark its tenth anniversary in
2016;
113. 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, by bringing the alleged perpetrators to
justice, in accordance with international law, and by adopting national legislation, as
well as by providing enforcement vessels and equipment and guarding against
fraudulent ship registration;
114. Encourages States to ensure effective implementation of international
law applicable to combating piracy, as reflected in the Convention, calls upon States
to take appropriate steps under their national law to facilitate, in accordance with
international law, the apprehension and prosecution of those who are alleged to have
committed acts of piracy, including the financing or facilitation of such acts, also
taking into account other relevant instruments that are consistent with the
Convention, and encourages States to cooperate, as appropriate, with a view to
developing their national legislation in this regard;
115. Expresses grave concern at the threats posed by piracy and armed
robbery at sea to the safety and welfare of seafarers and other persons;
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116. Invites all States, the International Maritime Organization, the
International Labour Organization and other relevant international organizations and
agencies to adopt or recommend, as appropriate, measures to protect the interest and
welfare of seafarers and fishers who are victims of pirates, after their release from
captivity, including their post-incident care and reintegration into society;
117. Notes 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, also notes that copies of
national legislation received by the Secretariat have been placed on the website of
the Division, and encourages the aforementioned bodies to further cooperate with
the view to assisting Member States, upon request, in developing their national laws
on piracy;
118. Recognizes continued national, bilateral and trilateral initiatives, as well
as regional cooperative mechanisms, in accordance with international law, to
address piracy, including the financing or facilitation of acts of piracy, and armed
robbery at sea in the Asian region, 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;
119. Expresses serious concern at the inhuman conditions hostages taken at
sea face in captivity and also the adverse impact on their families, calls for the
immediate release of all hostages taken at sea, and stresses the importance of
cooperation among Member States on the issue of hostage-taking at sea;
120. Welcomes, in this regard, the ongoing work of the United Nations Office
on Drugs and Crime Hostage Support Programme, funded by the Board of the Trust
Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia, in
securing the release of seafarers held hostage off the coast of Somalia; 50
121. Also welcomes the recent achievements against piracy and armed robbery
at sea off the coast of Somalia resulting from efforts at the global and regional levels
and the significant decrease in reported incidents of piracy off the coast of Somalia,
which are at the lowest level since 2006, in that regard continues to be gravely
concerned by the ongoing threat that piracy and armed robbery at sea continue to
pose in the region off the coast of Somalia, notes the adoption by the Security
Council of resolution 2246 (2015) of 10 November 2015, as well as the statements
by the President of the Council of 25 August 201051 and of 19 November 2012,52
also notes that the authorization in resolution 2246 (2015) and relevant resolutions53
apply only with respect to the situation in Somalia and shall 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, that they shall not be considered as establishing
customary international law;
122. Notes the continued efforts within the Contact Group on Piracy off the
Coast of Somalia, following the adoption of Security Council resolution
_______________
50 See S/2013/623, paras. 11–13, and S/2014/740, para. 10.
51 S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July 2011.
52 S/PRST/2012/24; see Resolutions and Decisions of the Security Council, 1 August 2012–31 July 2013.
53 See Security Council resolution 2246 (2015), first preambular paragraph.
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1851 (2008), and commends the contributions of all States in the efforts to fight
piracy off the coast of Somalia;
123. Recognizes the primary role of the Federal Government of Somalia in
combating piracy and armed robbery against ships off the coast of Somalia,
acknowledges the importance of a comprehensive and sustainable settlement of the
situation in Somalia, and emphasizes the need to address the underlying causes of
piracy and to assist Somalia and States in the region in strengthening institutional
capacity to fight piracy, including the financing or facilitation of acts of piracy, and
armed robbery against ships off the coast of Somalia and to bring to justice those
involved in such acts;
124. Notes the approval by the International Maritime Organization of the
guidelines to assist in the investigation of the crimes of piracy and armed robbery
against ships, revised interim guidance to shipowners, ship operators and
shipmasters on the use of privately contracted armed security personnel on board
ships in the high risk area, revised interim recommendations for flag States
regarding the use of privately contracted armed security personnel on board ships in
the high risk area, revised interim recommendations for port and coastal States
regarding the use of privately contracted armed security personnel on board ships in
the high risk area, interim guidance to private maritime security companies
providing privately contracted armed security personnel on board ships in the high
risk area, and interim guidance for flag States on measures to prevent and mitigate
Somalia-based piracy;
125. Encourages States to ensure that ships flying their flag apply ship
security measures approved in accordance with national and international law;
126. Notes the efforts made by the shipping industry to cooperate with the
efforts by States regarding piracy off the coast of Somalia, in particular in assisting
ships that navigate in that area, and recalls the adoption on 30 November 2011 by
the Assembly of the International Maritime Organization of resolution A.1044(27)
on piracy and armed robbery against ships in waters off the coast of Somalia;
127. Also notes the continued implementation 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), adopted on
29 January 2009 under the auspices of the International Maritime Organization, in
the four thematic areas of information sharing, training, national legislation and
capacity-building;
128. Expresses its deep concern at the continuing incidents of piracy and
armed robbery at sea in the Gulf of Guinea, in particular violence against innocent
crew members of vessels, notes the adoption by the Security Council of resolutions
2018 (2011) of 31 October 2011 and 2039 (2012) of 29 February 2012, supports the
recent efforts to address this problem at the global and regional levels, recalls the
primary role of States in the region to counter the threat and address the underlying
causes of piracy and armed robbery at sea in the Gulf of Guinea, welcomes the
adoption in Yaoundé on 25 June 2013 of the Code of Conduct concerning the
Repression of Piracy, Armed Robbery against Ships, and Illegal Maritime Activity
in West and Central Africa, and calls upon States in the region to implement the
Code of Conduct as soon as possible and consistent with international law, in
particular the Convention;
129. Urges States to ensure the full implementation of resolution A.1069(28)
of the Assembly of the International Maritime Organization on prevention and
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suppression of piracy, armed robbery against ships and illicit maritime activity in
the Gulf of Guinea;
130. 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 54 and the Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf,54 notes the entry into
force on 28 July 2010 of the 2005 Protocol to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation 55 and of the 2005 Protocol
to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms Located on the Continental Shelf, 56 invites States that have not yet
done so to consider becoming parties to those Protocols, and urges States parties to
take appropriate measures to ensure the effective implementation of those
instruments through the adoption of legislation, where appropriate;
131. 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,57 and to work with the International Maritime Organization
to promote safe and secure shipping while ensuring freedom of navigation;
132. Urges all States, in cooperation with the International Maritime
Organization, to improve the protection of offshore installations by adopting
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;
133. 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 in
the Straits of Malacca and Singapore (the Cooperative Mechanism) to promote
dialogue and facilitate close cooperation between the littoral States, user States,
shipping industries and other stakeholders in line with article 43 of the Convention,
notes with appreciation the convening of the eighth Cooperation Forum, in
Singapore, on 5 and 6 October 2015, the eighth Project Coordination Committee
Meeting, in Singapore, on 9 October 2015, the fortieth Tripartite Technical Experts
Group Meeting, in Singapore, on 7 and 8 October 2015, and the fourteenth and
fifteenth Aids to Navigation Fund Committee Meetings, in Singapore, on 28 and
29 April 2015 and 1 and 2 October 2015, respectively, the events being key pillars
of the Cooperative Mechanism, also notes with appreciation 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;
_______________
54 United Nations, Treaty Series, vol. 1678, No. 29004.
55 International Maritime Organization, document LEG/CONF.15/21.
56 International Maritime Organization, document LEG/CONF.15/22.
57 International Maritime Organization, documents SOLAS/CONF.5/32 and 34, and document MSC
81/25/Add.1, annex 2, resolution MSC.202(81), introducing the long-range identification and tracking of
ships system.
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134. Recognizes that some transnational organized criminal activities threaten
legitimate uses of the oceans and endanger the lives of people at sea, as well as the
livelihoods and security of coastal communities;
135. 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, trafficking in persons and
illicit trafficking in firearms, in accordance with international law;
136. 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,
trafficking in persons and illicit trafficking in firearms and criminal activities at sea
falling within the scope of the United Nations Convention against Transnational
Organized Crime;58
137. Notes with grave concern the recent proliferation of, and endangerment
of lives through, the smuggling of migrants by sea, underscores the necessity to
address such situations in accordance with applicable international law, and
encourages States, acting nationally or through relevant global or regional
organizations, as appropriate, to provide technical assistance and capacity-building
to flag, port, and coastal States, upon request, to enhance their capabilities to
prevent smuggling of migrants and human trafficking by sea;
138. Calls upon States that have not yet done so to consider becoming parties
to the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized
Crime, 59 the Protocol against the Illicit Manufacturing of and Trafficking in
Firearms, Their Parts and Components and Ammunition, supplementing the United
Nations Convention against Transnational Organized Crime,60 and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational
Organized Crime, 61 and to take appropriate measures to ensure their effective
implementation;
139. 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;
140. 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 that Organization, States bordering
straits and user States to continue their cooperation to keep such straits safe, secure
_______________
58 United Nations, Treaty Series, vol. 2225, No. 39574.
59 Ibid., vol. 2241, No. 39574.
60 Ibid., vol. 2326, No. 39574.
61 Ibid., vol. 2237, No. 39574.
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and environmentally protected and open to international navigation at all times,
consistent with international law, in particular the Convention;
141. 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;
142. 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, 62 to
implement the Code of International Standards and Recommended Practices for a
Safety Investigation into a Marine Casualty or Marine Incident, 63 which took effect
on 1 January 2010, and, in particular, to comply with the mandatory submission of a
marine safety investigation report to the International Maritime Organization for
every marine safety investigation conducted into a very serious marine casualty to
identify trends and develop knowledge and risk-based recommendations;64
143. Notes the adoption by the Assembly of the International Maritime
Organization at its twenty-eighth session of the resolution on guidelines on the
preservation and collection of evidence following an allegation of a serious crime
having taken place on board a ship or following a report of a missing person from a
ship, and pastoral and medical care of persons affected;65
144. Recognizes the important work of the International Hydrographic
Organization, calls upon States that have not yet done so to consider becoming
members of that Organization, encourages all its members to actively consider, in
accordance with applicable rules and procedures, applications of States that wish to
become members of that 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, particularly through the production and use of accurate electronic
navigational charts, especially in areas used for international navigation, in ports
and where there are vulnerable or protected marine areas;
145. Also recognizes the importance of navigational warning services based
on marine meteorological data for the safety of ships and lives at sea and the
optimization of navigation routes, and notes the collaboration between the World
Meteorological Organization and the International Maritime Organization for the
enhancement of these services and their extension to the Arctic region;
146. 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;
147. 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
_______________
62 International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).
63 International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution MSC.255(84).
64 See International Maritime Organization, Assembly resolution A.1061(28).
65 International Maritime Organization, Assembly resolution A.1091(28).
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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;
148. Acknowledges, in the context of paragraph 147 above, the potential
environmental and economic impacts of maritime incidents and accidents on coastal
States, in particular those related to the transport of radioactive materials, and
emphasizes the importance of effective liability regimes in that regard;
149. Encourages States to draw up plans and to establish procedures to
implement the Guidelines on Places of Refuge for Ships in Need of Assistance
adopted by the International Maritime Organization on 5 December 2003;66
150. Notes the entry into force of the Nairobi International Convention on the
Removal of Wrecks, 2007,67 on 14 April 2015, and invites States that have not yet
done so to consider becoming parties to this Convention;
151. 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;
152. Calls upon States to ensure that masters on ships flying their flag take the
steps required by relevant instruments68 to provide assistance to persons in distress
at sea, and urges States to cooperate and to take all measures necessary to ensure the
effective implementation of the amendments to the International Convention on
Maritime Search and Rescue69 and to the International Convention for the Safety of
Life at Sea70 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; 71
153. Recognizes that all States must fulfil their search and rescue
responsibilities in accordance with international law, including the Convention,
reaffirms the ongoing need for the International Maritime Organization and other
relevant organizations to assist, in particular, developing States both to increase and
improve their search and rescue capabilities, including as appropriate through the
establishment of additional rescue coordination centres and regional sub-centres,
and to take effective action to address, to the extent feasible, the issue of
unseaworthy ships and small craft within their national jurisdiction, and emphasizes
in this regard the importance of cooperation for these purposes, including within the
framework of the International Convention on Maritime Search and Rescue, 1979; 72
_______________
66 International Maritime Organization, Assembly resolution A.949(23).
67 International Maritime Organization, document LEG/CONF.16/19.
68 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.
69 International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).
70 International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution MSC.153(78).
71 International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).
72 United Nations, Treaty Series, vol. 1405, No. 23489.
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154. Notes the ongoing work of the International Maritime Organization, the
Office of the United Nations High Commissioner for Refugees and other relevant
actors in relation to disembarkation of persons rescued at sea, and notes in this
regard the need to implement all relevant and applicable international instruments
and the importance of cooperation among States as provided for in those
instruments;
155. Also notes that “Protection at sea” was the theme of the seventh Dialogue
on Protection Challenges of the High Commissioner for Refugees, held in Geneva
on 10 and 11 December 2014;
156. Invites States to implement the Revised Guidelines on the Prevention of
Access by Stowaways and the Allocation of Responsibilities to Seek the Successful
Resolution of Stowaway Cases adopted by the International Maritime Organization
on 2 December 2010;73
157. Calls upon States to continue to cooperate in developing comprehensive
approaches to international migration and development, including through dialogue
on all their aspects;
158. Also calls upon States to take measures to protect fibre-optic submarine
cables and to fully address issues relating to these cables, in accordance with
international law, as reflected in the Convention;
159. Encourages greater dialogue and cooperation among States and the
relevant regional and global organizations through workshops and seminars on the
protection and maintenance of fibre-optic submarine cables to promote the security
of such critical communications infrastructure;
160. Also encourages the adoption by States of laws and regulations
addressing the breaking or injury of submarine cables or pipelines beneath the high
seas done wilfully or through culpable negligence by a ship flying its flag or by a
person subject to its jurisdiction, in accordance with international law, as reflected
in the Convention;
161. Affirms the importance of maintenance, including the repair, of
submarine cables, undertaken in conformity with international law, as reflected in
the Convention;
162. 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 and the monitoring of organizations authorized to carry out
surveys and issue certificates on their behalf, taking into account the entry into force
of the Code for Recognized Organizations on 1 January 2015;74
163. Urges flag States without an effective maritime administration and
appropriate legal frameworks to establish or enhance the necessary infrastructure,
legislative and enforcement capabilities to ensure effective compliance with and
implementation and enforcement of their responsibilities under international law, in
particular the Convention, and, until such action is taken, to consider declining the
_______________
73 International Maritime Organization, document MSC 88/26/Add.1, annex 6, resolution MSC.312(88).
74 International Maritime Organization, document MSC 92/26/Add.1, annex 1.
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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;
164. 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, encourages all States to participate in
the Voluntary International Maritime Organization Member State Audit Scheme, 75
and notes the decision of the International Maritime Organization to institutionalize
the Audit Scheme, with the expected mandatory use of the International Maritime
Organization Instruments Implementation Code (III Code) from 1 January 2016;76
165. Welcomes the adoption by the International Maritime Organization of the
International Code for Ships Operating in Polar Waters (Polar Code), and
encourages States and competent international organizations and bodies to support
the effective implementation of the requirements of the Polar Code which are
expected to enter into force on 1 January 2017;
166. Notes the ongoing work of the International Maritime Organization on
matters related to passenger ship safety in light of recent accidents, and encourages
States and competent international organizations and bodies to support continued
efforts, including technical cooperation activities, to improve passenger ship safety;
167. 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 transparency and
information-sharing, including among safety and security sectors;
168. 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
169. 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;
170. Recalls that in “The future we want”, States noted with concern that the
health of oceans and marine biodiversity are negatively affected by marine
pollution, including marine debris, especially plastic, persistent organic pollutants,
_______________
75 International Maritime Organization, Assembly resolution A.946(23).
76 See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28), A.1068(28)
and A.1070(28).
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heavy metals and nitrogen-based compounds, from a number of marine and land-
based sources, including shipping and land run-off, and that States committed to
take action to reduce the incidence and impacts of such pollution on marine
ecosystems, including through the effective implementation of relevant conventions
adopted in the framework of the International Maritime Organization, and the
follow-up of relevant initiatives such as the Global Programme of Action for the
Protection of the Marine Environment from Land-based Activities,77 as well as the
adoption of coordinated strategies to this end, and that they further committed to
take action, by 2025, based on collected scientific data, to achieve significant
reductions in marine debris to prevent harm to the coastal and marine environment;
171. Encourages States, in accordance with the commitment expressed in
“The future we want” and based on collected scientific data, to take action by 2025
to achieve significant reductions in marine debris to prevent harm to the coastal and
marine environment;
172. Notes the work of the Intergovernmental Panel on Climate Change, notes
with concern its recent findings on the acidification of oceans and the impact
thereon, as well as the findings of the World Meteorological Organization contained
in its annual Greenhouse Gas Bulletin, 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 the
continued work under the Convention on Biological Diversity78 and paragraphs 6 to
10 of decision XII/23 on marine and coastal biodiversity, adopted at the twelfth
meeting of the Conference of the Parties to the Convention on Biological Diversity,
held in Pyeongchang, Republic of Korea, from 6 to 17 October 2014, 79 and to
increase national, regional and global efforts to address levels of ocean acidity and
the negative impact of such acidity on vulnerable marine ecosystems, particularly
coral reefs;
173. Expresses concern, in this regard, at the recent findings of the
Intergovernmental Panel on Climate Change on the acidification of the oceans and
the substantial risks to marine ecosystems, especially polar ecosystems and coral
reefs, and the potentially detrimental consequences for fisheries and livelihoods;
174. Recalls that in “The future we want”, States called for support for
initiatives that address ocean acidification and the impacts of climate change on
marine and coastal ecosystems and resources and, in this regard, reiterated the need
to work collectively to prevent further ocean acidification, as well as to enhance the
resilience of marine ecosystems and of the communities whose livelihoods depend
on them, and to support marine scientific research, monitoring and observation of
ocean acidification and particularly vulnerable ecosystems, including through
enhanced international cooperation in this regard;
175. Welcomes, in this regard, the holding in Monaco, from 12 to 14 January
2015, of the third International Workshop on the Socioeconomic Impacts of Ocean
Acidification, on the theme “Bridging the gap between ocean acidification and
economic valuation”, organized by the Scientific Centre of Monaco and the Ocean
_______________
77 A/51/116, annex II.
78 United Nations, Treaty Series, vol. 1760, No. 30619.
79 See United Nations Environment Programme, document UNEP/CBD/COP/12/29, Sect. I.
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Acidification International Coordination Centre of the International Atomic Energy
Agency;
176. Notes with concern the approximately 30 per cent increase in the acidity
of ocean surface waters since the beginning of the industrial era 80 and the wide
range of impacts associated with the continuing and alarming acidification of the
world’s oceans, and urges States to make significant efforts to tackle the causes of
ocean acidification, recognizing countries national circumstances and respective
capabilities, and to further study and minimize its impacts, to enhance local,
national, regional and global cooperation in this regard, including the sharing of
relevant information and the development of worldwide capacity, including in
developing countries, to measure ocean acidification, and to take steps to make
marine ecosystems healthier and, as a result, more resilient, to the extent possible, to
the impacts of ocean acidification;
177. Recognizes the attention paid to ocean acidification at the fourteenth
meeting of the Informal Consultative Process, and commits itself to continue to pay
attention to this important issue, including by taking into account the first global
integrated marine assessment and the ongoing work of the Ocean Acidification
International Coordination Centre;
178. Encourages States, individually or in collaboration with relevant
international organizations and bodies, to enhance their scientific activity to better
understand the effects of climate change on the marine environment and marine
biodiversity and develop ways and means of adaptation, taking into account, as
appropriate, the precautionary approach and ecosystem approaches;
179. Notes the convening of the twenty-first session of the Conference of the
Parties to the United Nations Framework Convention on Climate Change, in Paris,
from 30 November to 11 December 2015, recognizes the importance of raising
awareness of the adverse impact of climate change on the marine environment,
marine biodiversity and sea level, and notes that Oceans Day at the twenty-first
session of the Conference of the Parties was held on 4 December 2015;
180. Encourages States that have not yet done so to become parties 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;
181. Recalls that in “The future we want”, States noted the significant threat
that alien invasive species pose to marine ecosystems and resources and committed
to implement measures to prevent the introduction and manage the adverse
environmental impacts of alien invasive species, including, as appropriate, those
adopted in the framework of the International Maritime Organization;
_______________
80 As stated in the 2013 report of Working Group I of the Intergovernmental Panel on Climate Change on
the physical science basis of climate change.
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182. Encourages States that have not yet done so to consider ratifying or
acceding to the International Convention for the Control and Management of Ships’
Ballast Water and Sediments, 2004,81 thereby facilitating its early entry into force;
183. Encourages
States,
directly
or
through
competent
international
organizations, to consider the further development and application, 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, and also encourages the communication of the reports of
the results of such assessments to the competent international organizations in
accordance with the Convention;
184. Encourages States that have not done so to become parties to regional
seas conventions addressing the protection and preservation of the marine
environment;
185. 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;
186. Recognizes the importance of improving understanding of the impact of
climate change on oceans and seas, and recalls that in “The future we want”, States
noted that sea-level rise and coastal erosion are serious threats for many coastal
regions and islands, particularly in developing countries and, in this regard, called
upon the international community to enhance its efforts to address these challenges;
187. Notes with concern the severe impacts on coastal communities of
extreme weather events such as tropical cyclones and associated storm surges, and
encourages
cooperative
actions
by
relevant
United
Nations
bodies
and
organizations, including the World Meteorological Organization, to assist States in
improving forecasting of such events and its application in multi-hazard early
warning systems and risk management;
188. Also notes with concern that the health of the oceans and marine
biodiversity are negatively affected by marine debris, especially plastic, from land-
based and marine sources, and invites States to implement resolution 1/6 on marine
plastic debris and microplastics, adopted by the United Nations Environment
Assembly of the United Nations Environment Programme at its first session, held in
Nairobi from 23 to 27 June 2014;82
189. Recognizes the need for better understanding of the sources, amounts,
pathways, distribution, trends, nature and impacts of marine debris, especially
plastic, and to examine possible measures and best available techniques and
environmental practices to prevent its accumulation and minimize its levels in the
marine environment, and welcomes in this regard the work conducted under the
Joint Group of Experts on the Scientific Aspects of Marine Environmental
Protection, led by the Intergovernmental Oceanographic Commission, and its report
entitled “Sources, fate and effects of microplastics in the marine environment – a
global assessment”;
_______________
81 International Maritime Organization, document BWM/CONF/36, annex.
82 See Official Records of the General Assembly, Sixty-ninth Session, Supplement No. 25 (A/69/25), annex.
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190. Acknowledges the request by the United Nations Environment Assembly
in its resolution 1/6 to the Executive Director of the United Nations Environment
Programme to undertake a study on marine plastic debris and marine microplastics,
and to present the study for the consideration of that Assembly at its second session,
in May 2016, recalls the invitation to Statesto share relevant information with the
Executive Director pertinent to this study, and notes that the Informal Consultative
Process will focus its discussions at its seventeenth meeting on the theme “Marine
debris, plastics and microplastics”;
191. Welcomes the activities of relevant United Nations bodies and
organizations, in particular the United Nations Environment Programme, the Food
and Agriculture Organization of the United Nations and the International Maritime
Organization and other intergovernmental organizations, to address the sources and
impacts of marine debris, including through the Global Partnership on Marine Litter,
as well as actions relating to marine debris taken under the Convention on the
Conservation of Migratory Species of Wild Animals, 83 in particular the adoption by
the Conference of the Parties to that Convention at its eleventh meeting of
resolution 11.30 on management of marine debris, and notes the recent work of the
International Whaling Commission on assessing the impacts of marine debris on
cetaceans;
192. 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
biological diversity, health and productivity of the marine environment and
consequent economic loss, and encourages States to cooperate, as appropriate, to
address marine debris and microplastics in the marine environment;
193. Urges States to integrate the issue of marine debris into national and, as
appropriate, regional strategies dealing with waste management, especially in the
coastal zone, ports and maritime industries, including recycling, reuse, reduction
and disposal, to consider developing an integrated waste management infrastructure
and to encourage the development of appropriate economic incentives with the aim
of reducing marine debris 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 support for measures to
prevent, reduce and control pollution from any source, including land-based
sources, such as community-based coastal and waterway clean-up and monitoring
activities, and encourages States to cooperate regionally and subregionally to
identify potential sources and coastal and oceanic locations where marine debris
aggregates and to develop and implement joint prevention and recovery programmes
for marine debris as well as to raise awareness of the issue of marine debris and the
need to consider environmentally sound options for its removal;
194. Notes the work of the International Maritime Organization to prevent
pollution from ships;
195. Encourages States that have not yet 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, as amended;84
_______________
83 United Nations, Treaty Series, vol. 1651, No. 28395.
84 International
Maritime
Organization,
document
MEPC
62/24/Add.1, annex 19, resolution
MEPC.203(62).
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196. Encourages States that have not yet done so to become parties to the
1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter, 1972 (the London Protocol);
197. Notes the ongoing work of the International Maritime Organization and
the resolution on International Maritime Organization policies and practices related
to the reduction of greenhouse gas emissions from ships; 85
198. 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;
199. 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 and to take all appropriate measures to fulfil the commitments of
the international community embodied in the Manila Declaration on Furthering the
Implementation of the Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities;86
200. Expresses its concern regarding the spreading of hypoxic dead zones and
harmful algal blooms 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, particularly by
reducing total nutrient pollution from land-based sources and, to this effect, to
continue to cooperate within the framework of relevant international organizations,
in particular the Global Programme of Action;
201. 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;
202. Encourages States that have not yet done so to take, as soon as possible,
the domestic measures necessary to enable them to meet their obligations upon
ratification and thereafter to ratify, accept, approve or accede to the Minamata
Convention on Mercury,87 with a view to its entry into force as soon as possible;
203. 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 fresh
water, the coastal zone and marine resources in the implementation of international
development goals, including those contained in the United Nations Millennium
Declaration,9 and of the time-bound targets in the Plan of Implementation of the
World
Summit
on
Sustainable
Development
(Johannesburg
Plan
of
_______________
85 International Maritime Organization, Assembly resolution A.963(23).
86 United Nations Environment Programme, document UNEP(DEPI)/GPA/IGR.3/6, annex.
87 United Nations Environment Programme, document UNEP(DTIE)/Hg/CONF/4, annex II.
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Implementation),18 in particular the target on sanitation, and the Monterrey
Consensus of the International Conference on Financing for Development; 88
204. 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, 89 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;
205. Also recalls the resolution of the thirty-second Consultative Meeting of
Contracting Parties to the London Convention and the fifth Meeting of Contracting
Parties to the London Protocol, held from 11 to 15 October 2010, on the Assessment
Framework for Scientific Research Involving Ocean Fertilization; 90
206. Notes the continued work of the Contracting Parties to the London
Convention and Protocol towards a global, transparent and effective control and
regulatory mechanism for ocean fertilization activities and other activities that fall
within the scope of the London Convention and Protocol and have the potential to
cause harm to the marine environment, and notes the recent amendments to the
Protocol on this matter;91
207. Recalls decision IX/16 C, 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 2008,92 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, and takes note of
_______________
88 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.
89 International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).
90 International Maritime Organization, document LC 32/15 and Corr.1, annex 5, resolution LC-
LP.2 (2010).
91 International Maritime Organization, document LC 35/15, annex 4, resolution LP.4(8).
92 See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.
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decision X/29, adopted at the tenth meeting of the Conference of the Parties to the
Convention on Biological Diversity, held in Nagoya, Japan, from 18 to 29 October
2010, 93 in which the Conference of the Parties requested parties to implement
decision IX/16 C;
208. Also recalls that in “The future we want”, States stressed their concern
about the potential environmental impacts of ocean fertilization, recalled in this
regard the decisions related to ocean fertilization adopted by the relevant
intergovernmental bodies, and resolved to continue addressing ocean fertilization
with utmost caution, consistent with the precautionary approach;
209. Reaffirms paragraph 119 of resolution 61/222 of 20 December 2006
regarding ecosystem approaches and oceans, including the proposed elements of an
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)
Also 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 and the World Summit on Sustainable
Development call for the application of an ecosystem approach by 2010, and in this
context encourages States to enhance their efforts towards applying such an
approach;
(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;
210. Recalls that in “The future we want”, States committed themselves to
protect and restore the health, productivity and resilience of oceans and marine
ecosystems, to maintain their biodiversity, enabling their conservation and
sustainable use for present and future generations, and to effectively apply an
ecosystem approach and the precautionary approach in the management, in
accordance with international law, of activities having an impact on the marine
environment, to deliver on all three dimensions of sustainable development;
_______________
93 See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.
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211. Encourages competent organizations and bodies that have not yet done
so to incorporate an ecosystem approach into their mandates, as appropriate, in
order to address impacts on marine ecosystems;
212. 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;
213. Notes the information compiled by the Secretariat 94 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 information for the annual report of the Secretary-General
and for incorporation on the website of the Division;
214. Encourages States that have not yet done so to consider ratifying or
acceding to the Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships, 2009, 95 to facilitate its early entry into
force;
215. Encourages continued cooperation between the parties to the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal96 and the International Maritime Organization on regulations on the
prevention of pollution from ships;
216. Notes the role of the Basel Convention in protecting the marine
environment against the adverse effects which may result from such wastes;
217. Notes with concern the potential for serious environmental consequences
resulting from oil spill incidents or pollution incidents involving hazardous or
noxious substances, urges States, consistent with international law, to cooperate,
directly or through competent international organizations, and share best practices,
in the fields of protection of the marine environment, human health and safety,
prevention, emergency response and mitigation, and in this regard encourages the
undertaking of and collaboration on scientific research, including marine scientific
research, to better understand the consequences of marine oil spills or marine spills
involving hazardous or noxious substances;
218. Encourages States that have not yet done so to consider ratifying or
acceding to the International Convention on Oil Pollution Preparedness, Response
and Cooperation, 1990, 97 and the Protocol on Preparedness, Response and
Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000, of
the International Maritime Organization, and in this regard to consider developing
and joining regional arrangements to enhance international cooperation for
combating major oil and hazardous substances pollution incidents;
_______________
94 A/63/342.
95 International Maritime Organization, document SR/CONF/45.
96 United Nations, Treaty Series, vol. 1673, No. 28911.
97 Ibid., vol. 1891, No. 32194.
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219. Encourages States to consider becoming parties to the 2010 Protocol to
the 1996 International Convention on Liability and Compensation for Damage in
Connection with the Carriage of Hazardous and Noxious Substances by Sea; 98
X
Marine biodiversity
220. Reaffirms its central role relating to the conservation and sustainable use
of marine biological diversity beyond areas of national jurisdiction;
221. Notes
the
work
and
contributions
of
States
and
relevant
intergovernmental organizations and bodies in the context 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;
222. Recalls, in this regard, its resolution 69/292, entitled “Development of an
international legally binding instrument under the United Nations Convention on the
Law of the Sea on the conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction”;
223. Recognizes the abundance and diversity of marine genetic resources and
their value in terms of the benefits, goods and services they can provide;
224. 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;
225. 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;
226. Notes the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity 99 and the Convention on Biological Diversity elaborated
programme of work on marine and coastal biological diversity, 100 and, while
reiterating the central role of the General Assembly relating to the conservation and
sustainable use of marine biological diversity beyond areas of national jurisdiction,
notes with appreciation the complementary technical and scientific work done by
the Conference of the Parties to the Convention on Biological Diversity;
227. 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;
228. Calls upon States and international organizations to urgently take further
action to address, in accordance with international law, destructive practices that
_______________
98 International Maritime Organization, document LEG/CONF.17/10.
99 See A/51/312, annex II, decision II/10.
100 United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex, decision VII/5,
annex I.
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have adverse impacts on marine biodiversity and ecosystems, including seamounts,
hydrothermal vents and cold water corals;
229. 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;
230. Recalls that in “The future we want”, States reaffirmed the importance of
area-based conservation measures, including marine protected areas, consistent with
international law and based on best available scientific information, as a tool for
conservation of biological diversity and sustainable use of its components, and
noted decision X/2 of the tenth Meeting of the Conference of the Parties to the
Convention on Biological Diversity, that by 2020, 10 per cent of coastal and marine
areas, especially areas of particular importance for biodiversity and ecosystem
services, are to be conserved through effectively and equitably managed,
ecologically representative and well-connected systems of protected areas and other
effective area-based conservation measures;93
231. Encourages States, in this regard, to further progress towards 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;
232. 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;
233. 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 may require protection, in the light of the objective of the World
Summit on Sustainable Development to develop and facilitate the use of diverse
approaches and tools, such as ecosystem approaches and the establishment of
marine protected areas consistent with international law, as reflected in the
Convention, and based on scientific information, including representative
networks;18
234. Recalls 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 scientific guidance for selecting areas to
establish a representative network of marine protected areas, including in open-
ocean waters and deep-sea habitats,101 notes the ongoing work under the Convention
on Biological Diversity on the application of the scientific criteria for ecologically
or biologically significant marine areas through the organization of a series of
regional workshops, and also recalls that the Food and Agriculture Organization of
the United Nations has developed guidance for the identification of vulnerable
_______________
101 United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I, decision IX/20,
annexes I and II.
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marine ecosystems through the International Guidelines for the Management of
Deep-sea Fisheries in the High Seas;
235. Notes the ongoing work of the International Maritime Organization to
identify and designate as Particularly Sensitive Sea Areas marine areas which are
recognized for their significance in terms of ecological, socioeconomic or scientific
criteria and are vulnerable to damage by international shipping activities;102
236. 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;
237. Reiterates its support for the International Coral Reef Initiative, notes the
International Coral Reef Initiative General Meeting held in Okinawa, Japan, from 20
to 23 October 2014, and supports the elaborated programme of work of the
Convention on Biological Diversity on marine and coastal biological diversity
related to coral reefs under the Jakarta Mandate on Marine and Coastal Biological
Diversity;
238. Recalls that in “The future we want”, States recognized the significant
economic, social and environmental contributions of coral reefs, in particular to
islands and other coastal States, as well as the significant vulnerability of coral reefs
and mangroves to impacts, including from climate change, ocean acidification,
overfishing, destructive fishing practices and pollution, and supported international
cooperation with a view to conserving coral reef and mangrove ecosystems and
realizing their social, economic and environmental benefits, as well as facilitating
technical collaboration and voluntary information-sharing;
239. 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,
and in this regard also encourages States to implement the priority actions to
achieve Aichi Biodiversity Target 10 for coral reefs and closely associated
ecosystems, adopted by the twelfth meeting of the Conference of the Parties to the
Convention on Biological Diversity;79
240. 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;
241. 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;
242. Notes that ocean noise has potential significant adverse impacts on living
marine resources, affirms the importance of sound scientific studies in addressing
this matter, encourages further research, studies and consideration of the impacts of
_______________
102 International Maritime Organization, Assembly resolution A.982(24).
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ocean noise on living marine resources, notes the work of States and competent
international organizations in that regard, 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;
243. Notes the approval of the International Maritime Organization Guidelines
for the reduction of underwater noise from commercial shipping to address adverse
impacts on marine life;
XI
Marine science
244. Calls upon States, individually or in collaboration with each other or
with competent 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;
245. Encourages, in that regard, relevant international organizations and other
donors to consider supporting the Endowment Fund of the International Seabed
Authority in order to promote the conduct of collaborative marine scientific research
in the international seabed area by supporting the participation of qualified scientists
and technical personnel from developing countries in relevant programmes,
initiatives and activities;
246. Notes with concern that human-related threats, such as marine debris,
ship strikes, underwater noise, persistent contaminants, coastal development
activities, oil spills and discarded fishing gear, together may severely impact marine
life, including its higher trophic levels, and calls upon States and competent
international organizations to cooperate and coordinate their research efforts in this
regard so as to reduce these impacts and preserve the integrity of the whole marine
ecosystem while fully respecting the mandates of relevant international
organizations;
247. Notes the partnership between the Division and the Intergovernmental
Oceanographic Commission on a training programme on marine scientific research
under the Convention, and encourages States, relevant international organizations
and other donors to consider supporting the initiative;
248. Welcomes, in this regard, the launch by the Division and the Korea
Maritime Institute in cooperation with the Intergovernmental Oceanographic
Commission of the programme entitled “Promote and facilitate the conduct of
marine scientific research under the United Nations Convention on the Law of the
Sea”, with the aim of assisting developing countries, especially small island
developing States, to build their capacities in the field of marine scientific research;
249. Invites all relevant organizations, funds, programmes and bodies within
the United Nations system, in consultation with interested States, to coordinate
relevant activities with regional and national marine scientific and technological
centres in small island developing States, as appropriate, to ensure the more
effective achievement of their objectives in accordance with relevant United Nations
small island developing States development programmes and strategies;
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250. Welcomes
the
resolution
adopted
by
the
Assembly
of
the
Intergovernmental Oceanographic Commission at its twenty-eighth session, held in
Paris from 18 to 25 June 2015, regarding adoption of the Second International
Indian Ocean Expedition as an important catalyst project linking Indian Ocean
processes to the global ocean and atmosphere, officially launched in Goa, India, on
4 December 2015 for an initial period of five years, and invites States to participate
in this initiative;
251. Notes with appreciation the work of the Intergovernmental Oceanographic
Commission, 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;
252. Also notes with appreciation the work of the Advisory Body of Experts,
including 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, and welcomes the decision of the Executive
Council of the Intergovernmental Oceanographic Commission at its forty-fifth
session, held in Paris from 26 to 28 June 2012, that the Advisory Body will continue
its work focused on priorities as tasked by Intergovernmental Oceanographic
Commission governing bodies in line with the terms of reference, mobilizing
extrabudgetary resources when necessary;
253. Recalls the issuance of the revised 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 in December 2010, and requests the
Secretariat to continue to make efforts to publish the guide in all official languages
of the United Nations;
254. Notes with appreciation the contribution to marine biodiversity research
of the Ocean Biogeographic Information System, a free and open-access data
holding and sharing facility, hosted by the Intergovernmental Oceanographic
Commission;
255. Welcomes the increasing attention being focused on oceans as a potential
source of renewable energy, and notes in this regard the summary of discussions of
the Informal Consultative Process at its thirteenth meeting; 103
256. 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;
257. Welcomes the progress made by the Intergovernmental Oceanographic
Commission and Member States towards the establishment and operation of
regional and national tsunami warning and mitigation systems, also welcomes the
continued collaboration of the United Nations and other intergovernmental
organizations in this effort, further welcomes the development and recent
dissemination of the new Enhanced Tsunami Products for the Pacific Tsunami
_______________
103 A/67/120.
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Warning and Mitigation System and the development of Enhanced Tsunami
Products for the Tsunami and Other Coastal Hazards Warning System for the
Caribbean and Adjacent Regions, which will assist countries in the Pacific and the
Caribbean to assess tsunami threats and issue warnings, 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;
258. Stresses the need for continued efforts in developing mitigation and
preparedness measures for natural disasters, particularly following tsunami events
caused by earthquakes, such as the 11 March 2011 event in Japan;
259. 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 damage to ocean data buoys deployed and
operated in accordance with international law, including through education and
outreach about the importance and purpose of these buoys, and by strengthening
these buoys against such damage, and increasing reporting of such damage;
XII
Regular Process for Global Reporting and Assessment of the State
of the Marine Environment, including Socioeconomic Aspects
260. 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;
261. Recalls that in “The future we want”, States expressed their support for
the Regular Process, looked forward to the completion of its first global integrated
assessment of the state of the marine environment by 2014 and its subsequent
consideration by the General Assembly, and encouraged consideration by States of
the assessment findings at appropriate levels;
262. Welcomes the holding of the sixth meeting of the Ad Hoc Working Group
of the Whole on the Regular Process for Global Reporting and Assessment of the
State of the Marine Environment, including Socioeconomic Aspects, convened in
New York from 8 to 11 September 2015 in accordance with paragraph 264 of
resolution 69/245;
263. Endorses the recommendations adopted by the Ad Hoc Working Group
of the Whole at its sixth meeting;5
264. Reaffirms the principles guiding the Regular Process and the objective
and scope of its first cycle (2010–2014) as agreed upon at the first meeting of the
Ad Hoc Working Group of the Whole in 2009;104
265. Recalls that the Regular Process, as established under the United
Nations, is accountable to the General Assembly and is an intergovernmental
process guided by international law, including the Convention and other applicable
international instruments, and takes into account relevant Assembly resolutions;
_______________
104 See A/64/347, annex.
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266. Welcomes with appreciation the first global integrated marine assessment
(World Ocean Assessment), and approves its summary;4
267. Recognizes the importance of the assessment, including for the small
island developing States;
268. Recognizes with utmost appreciation the work of the members of the
Group of Experts of the Regular Process during the entire first cycle of the Regular
Process and, in particular, the work carried out with respect to the assessment; 105
269. Also recognizes with utmost appreciation the work of those members of
the pool of experts who contributed to the preparation of the assessment;
270. Recognizes with appreciation the support provided by the Division, as
the secretariat of the Regular Process, during the first cycle of the Regular Process;
271. Also recognizes with appreciation the important role of the Bureau of the
Ad Hoc Working Group of the Whole, and thanks the members of the Bureau for
their guidance during the intersessional periods;
272. Further recognizes with appreciation those organizations that contributed
to the first cycle of the Regular Process, including the United Nations Environment
Programme and the Intergovernmental Oceanographic Commission, for their
technical and scientific, logistical and financial support during the first cycle of the
Regular Process;
273. Emphasizes the importance of making Governments, intergovernmental
organizations, the scientific community and the general public aware of the
assessment, and requests the secretariat of the Regular Process to make the
assessment available on its website and on the website of the World Ocean
Assessment, and to undertake other activities with the view to raising awareness of
the assessment;
274. Encourages States, and invites relevant intergovernmental organizations
to take the assessment fully into account as part of various processes, such as the
Informal Consultative Process, and recognizes the supporting role of the assessment
in the implementation of the 2030 Agenda for Sustainable Development;106
275. Recalls the importance of ensuring that assessments, such as those
prepared
under
the
Intergovernmental
Panel
on
Climate
Change,
the
Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services
and the Regular Process, support one another and avoid unnecessary duplication,
and the importance of taking into account assessments at the regional level;
276. Notes the views expressed by Member States, including members of the
Bureau of the Ad Hoc Working Group of the Whole, observers and other
participants in the Ad Hoc Working Group of the Whole, the Group of Experts and
the secretariat of the Regular Process, on the lessons learned from the first cycle of
the Regular Process and the need to continue the consideration of those issues
during the intersessional period;
277. Notes with appreciation the contributions, including in-kind contributions,
for workshops, the website, and support to members of the Group of Experts;
_______________
105 See A/70/418, para. 49 (c).
106 Resolution 70/1.
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278. Also notes with appreciation the contributions to the voluntary trust fund
established pursuant to paragraph 183 of resolution 64/71 for the purpose of
supporting the operations of the first five-year cycle and for the duration of the
operations of the Regular Process, 107 while expressing its concern about the
difficulty in raising sufficient funds for the Regular Process;
279. Notes the significant human and financial resource constraints under
which the first cycle of the Regular Process was conducted;
280. Recalls the decision of the General Assembly in paragraph 177 of its
resolution 64/71 that, in the first cycle, the scope of the Regular Process would
focus on establishing a baseline and, in subsequent cycles, extend to the evaluation
of trends;
281. Decides to launch the second cycle of the Regular Process;
282. Requests the Bureau of the Ad Hoc Working Group of the Whole to
continue the consideration of lessons learned from the first cycle of the Regular
Process with a view to the implementation of the second cycle, including by inviting
Member States, observers and other participants in the Ad Hoc Working Group,
through the Co-Chairs, to contribute by sending their views in writing to the Bureau
and convening one or more informal open meetings with Member States, observers
and other participants in the Ad Hoc Working Group, and requests the Bureau to
inform the Ad Hoc Working Group at its seventh meeting of the views received and
to circulate that information in advance of the seventh meeting;
283. Requests the Secretary-General to convene the seventh meeting of the Ad
Hoc Working Group of the Whole from 3 to 9 August 2016, with a view to
providing recommendations to the General Assembly on the follow-up to the
assessment, the implementation of the second cycle of the Regular Process,
including its budget and duration, and any adjustments that might be necessary in
the light of lessons learned from the first cycle, including with regard to resource
requirements, before the end of the seventieth session of the Assembly, and taking
into full consideration the discussions on lessons learned and the way forward;
284. Decides that the meetings of the Ad Hoc Working Group of the Whole
shall continue to be coordinated by two co-chairs, representing developing and
developed countries, respectively, to be appointed by the President of the General
Assembly, in consultation with regional groups, for the duration of the second cycle;
285. Requests the Secretary-General to review the resource requirements for
the second cycle of the Regular Process and to report to Member States in advance
of the seventh meeting of the Ad Hoc Working Group of the Whole;
286. Requests the secretariat of the Regular Process to compile, subject to
budgetary considerations, an inventory of available information on recent and
ongoing assessments and other processes at the regional and global levels relevant
to the Regular Process, and requests the secretariat to submit it to the Bureau of the
Ad Hoc Working Group of the Whole by the end of February 2016;
287. Requests the Secretary-General to invite the Chairs of the regional
groups to constitute a group of experts, ensuring adequate expertise and
geographical distribution, comprising a maximum of 25 experts, with no more than
five experts per regional group, for the duration of the second cycle of the Regular
_______________
107 See resolution 69/245, para. 278.
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Process, taking into account the desirability of some degree of continuity, and in
accordance with the terms of reference of the Group of Experts of the Regular
Process;108
288. Invites individuals who served in the Group of Experts during the first
cycle of the Regular Process to provide advice, as required, to the Bureau and the
Ad Hoc Working Group of the Whole until the Group of Experts for the second
cycle has been appointed;
289. Invites the Intergovernmental Oceanographic Commission, the United
Nations Environment Programme, the International Maritime Organization, the
Food and Agriculture Organization of the United Nations and other competent
United Nations specialized agencies, as appropriate, to continue to provide technical
and scientific support to the Regular Process;
290. Recognizes that United Nations specialized agencies can play an
important role in promoting the Regular Process, and invites those agencies to
continue to promote the Regular Process in consultation and coordination with the
secretariat of the Regular Process;
291. Urges Member States, international financial institutions, donor agencies,
intergovernmental organizations, non-governmental organizations and natural and
juridical persons to make financial contributions to the voluntary trust fund and to
make other contributions to the Regular Process;
XIII
Regional cooperation
292. Notes that there have been a number of initiatives at the regional level, in
various regions, to further the implementation of the Convention, also notes in that
context the Caribbean-focused Assistance Fund, which is intended to facilitate,
mainly through technical assistance, the voluntary undertaking of maritime
delimitation negotiations between Caribbean States, notes once again 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;
293. Notes with appreciation efforts at the regional level to further the
implementation of the Convention and respond, including through capacity-
building, to issues related to maritime safety and security, the conservation and
sustainable use of living marine resources, the protection and preservation of the
marine environment and the conservation and sustainable use of marine
biodiversity;
294. Welcomes the adoption of the outcome document of the third
International Conference on Small Island Developing States, entitled “SIDS
Accelerated Modalities of Action (SAMOA) Pathway” 109 and the new modalities set
forth for strengthened action on a range of small island developing States challenges
and priorities, including challenges related to the conservation and sustainable use
_______________
108 See A/67/87, annex III.
109 Resolution 69/15, annex.
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of marine resources, and the preservation of the marine environment, and reaffirms
its commitment to work with small island developing States towards full
implementation of the Samoa Pathway to ensure its success;
295. Invites States and international organizations to enhance their
cooperation to better protect the marine environment, and in this respect welcomes
the memorandum of understanding for enhanced cooperation, concluded between
the Commission for the Protection of the Marine Environment of the North-East
Atlantic, the North East Atlantic Fisheries Commission, the International Seabed
Authority and the International Maritime Organization;
296. Recognizes the results of the International Polar Year, 2007–2008, with
particular emphasis on new knowledge about the linkages between environmental
change in the polar regions and global climate systems, and encourages States and
scientific communities to strengthen their cooperation in this respect;
297. Welcomes regional cooperation, and in this regard notes the Pacific
Oceanscape Framework as an initiative to enhance cooperation among coastal States
in the Pacific island region to foster marine conservation and sustainable
development;
298. Notes with appreciation the various cooperative efforts displayed by
States at the regional and subregional levels, and in this regard welcomes initiatives,
such as the Integrated Assessment and Management of the Gulf of Mexico Large
Marine Ecosystem;
299. Acknowledges relevant cooperation among the members of the Zone of
Peace and Cooperation of the South Atlantic;
300. Notes the decision of the Assembly of the African Union in January 2015
to adopt Agenda 2063, and notes that, on 25 July 2015, the African Union launched
Decade of African Seas and Oceans (2015–2025) and observed the first annual
African Day of the Seas and Oceans;
301. Also notes the adoption of the Vienna Programme of Action for
Landlocked Developing Countries for the Decade 2014–2024 by the second United
Nations Conference on Landlocked Developing Countries, held in Vienna from
3 to 5 November 2014, 110 following the comprehensive 10-year review of the
implementation of the Almaty Programme of Action: Addressing the Special Needs
of Landlocked Developing Countries within a New Global Framework for Transit
Transport Cooperation for Landlocked and Transit Developing Countries, 111 and also
notes the need for cooperation to address the development needs and challenges
faced by landlocked developing countries associated with, inter alia, their lack of
direct territorial access to the sea, remoteness and isolation from world markets, in
line with the objectives of the Vienna Programme of Action;
302. Further notes the efforts of the Sargasso Sea Alliance, led by the
Government of Bermuda, to raise awareness of the ecological significance of the
Sargasso Sea;
_______________
110 Resolution 69/137, annex II.
111 Report of the International Ministerial Conference of Landlocked and Transit Developing Countries
and Donor Countries and International Financial and Development Institutions on Transit Transport
Cooperation, Almaty, Kazakhstan, 28 and 29 August 2003 (A/CONF.202/3), annex I.
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XIV
Open-ended Informal Consultative Process
on Oceans and the Law of the Sea
303. Welcomes the report of the Co-Chairs on the work of the Informal
Consultative Process at its sixteenth meeting, which focused on the theme “Oceans
and sustainable development: integration of the three dimensions of sustainable
development, namely, environmental, social and economic”;6
304. Recognizes the role of the Informal 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 21,8 and that the perspective of the three pillars of sustainable development
should be further enhanced in the examination of the selected topics;
305. Welcomes the work of the Informal 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;
306. Also welcomes efforts to improve and focus the work of the Informal
Consultative Process, and in that respect recognizes the primary role of the Informal
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 Informal 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;
307. Recalls the need to strengthen and improve the efficiency of the Informal
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 Informal Consultative Process;
308. Also recalls that a further review of the effectiveness and utility of the
Informal Consultative Process will be undertaken by the General Assembly at its
seventy-first session;
309. Requests the Secretary-General to convene, in accordance with
paragraphs 2 and 3 of resolution 54/33, the seventeenth meeting of the Informal
Consultative Process, in New York from 13 to 17 June 2016, to provide it with the
facilities necessary 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;
310. Expresses its continued serious concern regarding the lack of resources
available in the voluntary trust fund established pursuant to resolution 55/7 for the
purpose of assisting developing countries, in particular least developed countries,
small island developing States and landlocked developing States, in attending the
meetings of the Informal Consultative Process, and urges States to make additional
contributions to the trust fund;
311. 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 Informal Consultative Process shall receive priority
consideration in the disbursement of funds from the voluntary trust fund established
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pursuant to 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 other eligible representatives from those countries
mentioned in paragraph 310 above have been covered;
312. Recalls its decision in resolution 69/245 that, in its deliberations on the
report of the Secretary-General on oceans and the law of the sea, the Informal
Consultative Process will focus its discussions at its seventeenth meeting on the
theme “Marine debris, plastics and microplastics”;
XV
Coordination and cooperation
313. 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;
314. Expresses its concern at the desecration of graves at sea and the looting
of wrecks of ships constituting such graves, and calls upon States to cooperate, as
appropriate, to prevent the looting and desecration of wrecks of ships constituting
graves in order to ensure that proper respect is given to all human remains located in
maritime waters, consistent with international law, including, as appropriate, the
2001 Convention on the Protection of the Underwater Cultural Heritage, among
parties thereto;
315. Encourages bodies established by the Convention to strengthen
coordination and cooperation, as appropriate, in fulfilling their respective mandates;
316. 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;
317. 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, where appropriate, through UN-Oceans, the inter-agency
coordination mechanism on ocean and coastal issues within the United Nations
system;
318. Recognizes the work undertaken by UN-Oceans, under the revised terms
of reference for the work of UN-Oceans, and with the United Nations Legal
Counsel/Division for Ocean Affairs and the Law of the Sea as the focal point of
UN-Oceans, and, as an interim measure, in this regard, invites Member States and
others in a position to do so to make financial earmarked contributions to the trust
fund established by the Secretary-General for the Office of Legal Affairs to support
the promotion of international law, and authorizes the Secretary-General to disburse
funds from such contributions to that trust fund for the purposes of the development
and maintenance of an online searchable database for an inventory of the mandates
of UN-Oceans members and priorities approved by the respective governing bodies
of the participating organizations of UN-Oceans, with a view to identifying possible
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areas of collaboration and synergy, as well as for travel associated with the
performance of the functions of the focal point;
319. Reaffirms its decision to review the terms of reference for the work of
UN-Oceans at its seventy-second session in the light of the work of UN-Oceans;
XVI
Activities of the Division for Ocean Affairs
and the Law of the Sea
320. Expresses its appreciation to the Secretary-General for the annual 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;
321. Notes with satisfaction the seventh observance by the United Nations of
World Oceans Day in 2015,112 recognizes with appreciation the efforts deployed by
the Division in organizing its celebration, 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;
322. Recalls the responsibilities and functions entrusted to the Secretary-
General in the Convention and in the related resolutions of the General Assembly,
including resolutions 49/28 and 52/26, notes the increased number of requests to the
Division for additional outputs and servicing of meetings in resolution 69/292 and
in relation to the support to be provided by the Division as secretariat of the Regular
Process during the second cycle of the Regular Process, and requests the Secretary-
General to make proposals in the context of the 2016–2017 budget in order to
strengthen the capacity of the Division, including through the redeployment of
existing resources, and to ensure that it can carry out the functions in resolution
69/292 and as the secretariat of the Regular Process in an efficient manner;
323. Requests the Secretary-General to continue the publication activities of
the Division, in particular through the publication of The Law of the Sea: A Select
Bibliography and the Law of the Sea Bulletin;
XVII
Seventy-first session of the General Assembly
324. Requests the Secretary-General to prepare a comprehensive report for
consideration by the General Assembly at its seventy-first session on developments
and issues relating to ocean affairs and the law of the sea, including the
implementation of the present resolution, in accordance with resolutions 49/28,
52/26 and 54/33, and to prepare a separate section of the report on the topic that is
the focus of the seventeenth meeting of the Informal Consultative Process;
325. Emphasizes the critical role of the annual 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
_______________
112 By its resolution 63/111, the General Assembly designated 8 June as World Oceans Day.
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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;
326. Notes that the report referred to in paragraph 324 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;
327. 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, decides that the
period of the informal consultations on that resolution should not exceed a
maximum of two 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 324 above, and invites States to submit text proposals for inclusion in the
resolution to the Coordinator of the informal consultations at the earliest possible
date;
328. Decides to include in the provisional agenda of its seventy-first session
the item entitled “Oceans and the law of the sea”.
82nd plenary meeting
23 December 2015
Annex
Amendments to annex II to General Assembly resolution 55/7: Trust
Fund for the purpose of facilitating the preparation of submissions
to the Commission on the Limits of the Continental Shelf for
developing States, in particular the least developed countries and
small island developing States, and compliance with article 76
of the United Nations Convention on the Law of the Sea
Terms of reference, guidelines and rules
2.
Objects and purpose of the Trust Fund
In paragraph 9, amend the last sentence to read:
“The object of the Fund is to enable developing States, in particular, the
least developed coastal countries and small island developing States, to make
an initial assessment of their particular case, make appropriate plans for
further investigations and data acquisition, to prepare the final submission
documents when the necessary data have been acquired, and to meet with the
Commission when it is considering their submission upon the Commission’s
invitation.”
4.
Application for financial assistance
In paragraph 16, insert the following subparagraph after subparagraph (d):
“(d bis) Air travel and daily subsistence allowance for up to three
members of a delegation when the Commission or relevant subcommission has
invited that delegation to attend its meeting or session, except in cases where a
joint submission of three or more States is being considered, for which a
maximum of six members total of such a joint delegation may receive
assistance;”
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In paragraph 17, insert the following sub-paragraph after subparagraph (d):
“(d bis) Air travel and daily subsistence allowance when the Commission
or relevant subcommission has invited a delegation to attend its meeting or
session
The application shall be accompanied by:
(i)
A copy of the communication from the Commission inviting the
State to attend its meeting or session;
(ii) A communication from the requesting Government(s) nominating
the delegate(s) who will attend a meeting or session of the Commission
or subcommission, and indicating the dates during which each
delegate(s) will be required to attend such meeting or session;
(iii) A copy of the passport information page and information on the
telephone number and email address for each delegate nominated to
attend a meeting or session.”
5.
Consideration of applications
Amend paragraph 21 to read:
“21. In considering the application, the Division shall consider
applications in the order in which they are received by the Division and be
guided by the financial needs of the requesting developing State and
availability of funds, with priority given to least developed countries and small
island developing States.”
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