A/RES/72/73 GA
Oceans and the law of the sea
72
Session
128
Yes
1
No
3
Abstentions
| Draft symbol | A/72/L.18 |
|---|---|
| Adopted symbol | A/RES/72/73 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| P5 Positions |
|
| UN Document | A/RES/72/73 ↗ |
Vote Recorded Vote — A/72/PV.64
-
Afghanistan
-
Angola
-
Armenia
-
Belarus
-
Benin
-
Bhutan
-
Plurinational State of Bolivia
-
Botswana
-
Burkina Faso
-
Burundi
-
Cabo Verde
-
Central African Republic
-
Chad
-
Comoros
-
Congo
-
Côte d'Ivoire
-
Democratic People's Republic of Korea
-
Democratic Republic of the Congo
-
Djibouti
-
Dominica
-
Egypt
-
Equatorial Guinea
-
Eritrea
-
Ethiopia
-
Gabon
-
Gambia
-
Ghana
-
Grenada
-
Guinea-Bissau
-
Guyana
-
Haiti
-
Islamic Republic of Iran
-
Kenya
-
Kyrgyzstan
-
Lesotho
-
Liberia
-
Malawi
-
Malaysia
-
Mali
-
Mauritania
-
Mozambique
-
Niger
-
Pakistan
-
Rwanda
-
Sao Tome and Principe
-
Senegal
-
Seychelles
-
Sierra Leone
-
South Sudan
-
Suriname
-
Eswatini
-
Tajikistan
-
Timor-Leste
-
Turkmenistan
-
Tuvalu
-
United Republic of Tanzania
-
Uzbekistan
-
Vanuatu
-
Yemen
-
Zambia
-
Zimbabwe
-
Albania
-
Algeria
-
Andorra
-
Antigua and Barbuda
-
Argentina
-
Australia
-
Austria
-
Azerbaijan
-
Bahamas
-
Bahrain
-
Bangladesh
-
Barbados
-
Belgium
-
Belize
-
Bosnia and Herzegovina
-
Brazil
-
Brunei Darussalam
-
Bulgaria
-
Cambodia
-
Cameroon
-
Canada ⚠
-
Chile
-
China
-
Costa Rica
-
Croatia
-
Cuba
-
Cyprus
-
Czechia
-
Denmark
-
Dominican Republic
-
Ecuador
-
Estonia
-
Fiji
-
Finland
-
France ⚠
-
Georgia
-
Germany
-
Greece
-
Guatemala
-
Guinea
-
Honduras
-
Hungary
-
Iceland
-
India
-
Indonesia
-
Iraq
-
Ireland
-
Israel ⚠
-
Italy
-
Jamaica
-
Japan
-
Jordan
-
Kazakhstan
-
Kiribati
-
Kuwait
-
Lao People's Democratic Republic
-
Latvia
-
Lebanon
-
Libya
-
Liechtenstein
-
Lithuania
-
Luxembourg
-
Madagascar
-
Maldives
-
Malta
-
Marshall Islands
-
Mauritius
-
Mexico
-
Micronesia (Federated States of) ⚠
-
Monaco
-
Mongolia
-
Montenegro
-
Morocco
-
Myanmar
-
Namibia
-
Nauru
-
Nepal
-
Netherlands
-
New Zealand
-
Nicaragua
-
Nigeria
-
Norway
-
Oman
-
Palau
-
Panama
-
Papua New Guinea
-
Paraguay
-
Peru
-
Philippines
-
Poland
-
Portugal
-
Qatar
-
Republic of Korea
-
Moldova
-
Romania
-
Russian Federation
-
Saint Kitts and Nevis
-
Saint Lucia
-
Saint Vincent and the Grenadines
-
Samoa
-
San Marino
-
Saudi Arabia
-
Serbia
-
Singapore
-
Slovakia
-
Slovenia
-
Solomon Islands
-
Somalia
-
South Africa
-
Spain
-
Sri Lanka
-
Sudan
-
Sweden
-
Switzerland
-
Syrian Arab Republic
-
Thailand
-
North Macedonia
-
Togo
-
Tonga
-
Trinidad and Tobago
-
Tunisia
-
Uganda
-
Ukraine
-
United Arab Emirates
-
United Kingdom of Great Britain and Northern Ireland ⚠
-
United States of America ⚠
-
Uruguay
-
Viet Nam
Speeches following this vote (11)
The Acting President
Before opening the floor for explanations of vote, I would like to remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
Turkey voted against resolution 72/73, entitled “Oceans and the law of the sea” under sub-item (a) of agenda item 77. Turkey agrees with the general content of the resolution in principle and believes that the resolution is particularly important, since it recognizes the important contribution of sustainable development and the management of the resources and uses of the oceans and seas for the a…
The Republic of El Salvador is aware of the importance of the oceans, particularly their use in the context of sustainable development, which is essential to ensuring food security for all human beings on the planet in an orderly fashion. However, we understand that loopholes still exist in areas such as sustainable fishing, transport and the conservation and sustainable use of marine biological …
I would like to make a statement on resolutions 72/72 and 72/73, which have just been adopted.
We thank the representative of Norway, Mr. Andreas Kravik, for facilitating the negotiation process on the text of resolution 72/72, entitled “Sustainable fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 1…
Argentina voted in favour of resolution 72/72, on sustainable fisheries. However, we want to reiterate once again that none of the recommendations in this resolution should be interpreted in such a way that the provisions of the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Manage…
The delegation of Colombia would like to begin respectfully by expressing its sincere gratitude to Mr. Andreas Kravik of Norway and Mr. Thembile Joyini of South Africa for their tireless efforts as Facilitators of the negotiations on the draft resolutions on sustainable fisheries and on oceans and the law of the sea, respectively. Both conducted the discussions with dignity, transparency and a co…
The United States called for a vote on resolution 72/72, on sustainable fisheries, for the reasons we stated during the debate on this agenda item. As we stated, we strongly oppose paragraphs 119 and 120, on the World Trade Organization. It was with great regret that we called for a vote because of those objectionable paragraphs. We hasten to add that we continue to support the rest of the sustai…
The Acting President
We have heard the last speaker in explanation of vote.
I give the floor to the observer of the European Union to make a statement following the adoption of resolution 72/72.
Mrs. Cujo
The European Union and its member States deeply regret that, despite all efforts undertaken during consultations and while understanding that the outcome of the consultations was consensual, today we have had to vote on resolution 72/72, on sustainable fisheries. It was long a consensus resolution, and we hope that in future we will be able to avoid having a vote on it and again adopt it by conse…
The Acting President
May I take it that it is the wish of the General Assembly to conclude its consideration of sub-items (a) and (b) of agenda item 77?
The Acting President
The Assembly has thus concluded this stage of its consideration of agenda item 77 as a whole.
Full text of resolution
United Nations
A/RES/72/73
General Assembly
Distr.: General
4 January 2018
17-21819 (E) 150118
*1721819*
w o r
Seventy-second session
Agenda item 77 (a)
Resolution adopted by the General Assembly on
5 December 2017
[without reference to a Main Committee (A/72/L.18 and A/72/L.18/Add.1)]
72/73. 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 71/257 of 23 December 2016, 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 reports on the work
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)3 and of the United Nations Open-ended
Informal Consultative Process on Oceans and the Law of the Sea (the Informal
Consultative Process) at its eighteenth meeting,4 the report of the twenty-seventh
Meeting of States Parties to the Convention5 and the report of the United Nations
Conference to Support the Implementation of Sustainable Development Goal 14:
Conserve and sustainably use the oceans, seas and marine resources for sustainable
development,6
Recognizing the pre-eminent contribution provided by the Convention to the
strengthening of peace, security, cooperation and friendly relations among all nations
__________________
1 United Nations, Treaty Series, vol. 1833, No. 31363.
2 See A/72/70 and A/72/70/Add.1.
3 A/72/89 and A/72/494.
4 A/72/95.
5 SPLOS/316.
6 A/CONF.230/14.
A/RES/72/73
Oceans and the law of the sea
17-21819
2/55
in conformity with the principles of justice and equal rights and to the promotion of
the economic and social advancement of all peoples of the world, in accordance with
the purposes and principles of the United Nations as set forth in the Charter of the
United Nations, as well as to the sustainable development of the oceans and seas,
Emphasizing 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 21,7
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”,8 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,
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 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,
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 the important contribution of the conservation and sustainable use
of oceans, seas and marine resources to the achievement of the sustainable
development goals contained in the 2030 Agenda for Sustainable Development,
Recalling its resolution 71/312 of 6 July 2017 in which it endorsed the
declaration entitled “Our ocean, our future: call for action” adopted by the high-level
United Nations Conference to Support the Implementation of Sustainable
Development Goal 14: Conserve and sustainably use the oceans, seas and marine
resources for sustainable development, held from 5 to 9 June 2017, coinciding with
__________________
7 Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3−14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,
Sales No. E.93.I.8 and corrigendum), resolution 1, annex II.
8 Resolution 66/288, annex.
Oceans and the law of the sea
A/RES/72/73
3/55
17-21819
World Oceans Day on 8 June, and in this regard affirming the important role of the
declaration in demonstrating the collective will to take action to conserve and
sustainably use our oceans, seas and marine resources for sustainable development,
Recognizing the important contributions of the partnership dialogues and
voluntary commitments made in the context of the high-level United Nations
Conference to Support the Implementation of Sustainable Development Goal 14 to
the effective and timely implementation of Goal 14,
Recognizing also the appointment by the Secretary-General of the Special
Envoy for the Ocean,
Recognizing further 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 2015,9
Welcoming the outcomes of the second session of the United Nations
Environment Assembly of the United Nations Environment Programme, especially
the resolutions on oceans and seas,10 marine plastic litter and microplastics, 11
sustainable coral reefs management12 and the role, functions and modalities for United
Nations Environment Programme implementation of the Samoa Pathway as a means
of facilitating achievement of the Sustainable Development Goals, 13
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, landlocked
developing 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, while
recognizing the need to also address the particular challenges faced by developing
middle-income countries,
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
__________________
9 Resolution 69/313, annex.
10 See Official Records of the General Assembly, Seventy-first Session, Supplement No. 25
(A/71/25), annex, resolution 2/10.
11 Ibid., resolution 2/11.
12 Ibid., resolution 2/12.
13 Ibid., resolution 2/4.
A/RES/72/73
Oceans and the law of the sea
17-21819
4/55
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,
Noting with concern, in this regard, the findings by the World Meteorological
Organization, in its annual Greenhouse gas bulletin, that for the first time, in 2015,
carbon dioxide levels in the atmosphere were 400 parts per million, on average across
the year as a whole,
Expressing concern that climate change continues to increase the severity and
incidence of coral bleaching throughout tropical seas and weakens the ability of reefs
to withstand ocean acidification, which could have serious and irreversible negative
effects on marine organisms, particularly corals, as well as to withstand other
pressures, including overfishing and pollution,
Reiterating its deep concern at the vulnerability of the environment and the
fragile ecosystems of the polar regions, including the Arctic Ocean and the Arctic ice
cap, particularly affected by the projected adverse effects of climate change 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, 14 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,
__________________
14 United Nations, Treaty Series, vol. 1184, No. 18961.
Oceans and the law of the sea
A/RES/72/73
5/55
17-21819
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,
Recognizing the duty of States under article 303, paragraph 1, of the Convention
to protect objects of an archaeological and historical nature found at sea and to
cooperate for this purpose,
Expressing concern, in this regard, at various threats posed to such objects,
including their destruction as well as the illicit trafficking in such objects,
Recognizing that illicit trafficking in wildlife is, in some cases, committed by
transnational organized criminal groups using maritime routes, contributes to damage
to ecosystems and livelihoods and requires enhanced regional and global cooperation
and coordination in response, in accordance with international law,
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
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, 15
__________________
15 Available from the web page of the Commission maintained by the Division for Ocean Affairs
and the Law of the Sea.
A/RES/72/73
Oceans and the law of the sea
17-21819
6/55
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),16
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, noting with appreciation the recent
contributions made to them, while observing with concern that the lack of funds in
the voluntary trust fund for the purpose of defraying the cost of the participation in
its meetings of the members of the Commission from developing States may prevent
the Commission from implementing the decision of the twenty-sixth Meeting of
States Parties that requested the Commission to meet for up to 26 weeks, and may
preclude the Commission from advancing its work as a result of the potential lack of
a quorum at the 2018 sessions, and in this regard urging States, international financial
institutions, donor agencies, intergovernmental organizations, non-governmental
organizations and natural and juridical persons to contribute to the trust fund,
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,
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, 17
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 the decision of the twenty-sixth Meeting of States Parties to the Convention to
renew the request made by the twenty-first Meeting of States Parties to the
Convention and to request the Commission to consider, in coordination with the
Secretariat, as from 16 June 2017, within the existing resources made available to the
Secretariat, that the Commission, and its subcommissions meeting simultaneously as
__________________
16 SPLOS/183.
17 SPLOS/229.
Oceans and the law of the sea
A/RES/72/73
7/55
17-21819
far as possible, meet at United Nations Headquarters for up to 26 weeks but not less
than an intended minimum of 21 weeks a year for a period of five years, distributed
in such a way that the Commission determines to be the most effective, and that no
two sessions be sequential, and to request the Commission to prepare a plan of
sessions to be held in 2017 on the basis of that request,18
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,
Recalling, in this regard, the decisions of the twenty-fifth and twenty-sixth
Meetings of States Parties to the Convention regarding the conditions of service of
the members of the Commission,19
Recalling also 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, 20
and noting the need for cooperation among all States to this end,
Recalling further its decisions, in resolution 65/37 A of 7 December 2010,
resolution 66/231 of 24 December 2011, resolution 70/235 of 23 December 2015 and
resolution 71/257 regarding the Regular Process, as established under the United
Nations and accountable to the General Assembly,
Recalling that the Division was designated to provide secretariat support to the
Regular Process, including its established institutions,
Recalling also the cross-cutting role of ocean science in Sustainable
Development Goal 14 of the 2030 Agenda for Sustainable Development, and taking
note that, at its twenty-ninth session, the Assembly of the Intergovernmental
Oceanographic Commission of the United Nations Educational, Scientific and
Cultural Organization endorsed the proposal for an international decade of ocean
science for sustainable development, to be established for the period 2021–2030,
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
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 of 29 December 2014, 69/292, 70/235 and 71/257 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, as the secretariat of the
__________________
18 See SPLOS/303.
19 SPLOS/286 and SPLOS/303.
20 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.
A/RES/72/73
Oceans and the law of the sea
17-21819
8/55
Regular Process, in relation to the functions as focal point for UN-Oceans and in
relation to support for the implementation by Member States of the oceans-related
Sustainable Development Goals in the 2030 Agenda for Sustainable Development,
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),21
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 71/257, 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.
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;21
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); 22
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;
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 re-emphasizes the importance of the
prompt completion of these efforts;
__________________
21 United Nations, Treaty Series, vol. 1836, No. 31364.
22 Ibid., vol. 2167, No. 37924.
Oceans and the law of the sea
A/RES/72/73
9/55
17-21819
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,23 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,
landlocked developing 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.
Also emphasizes the need to address the particular challenges faced by
developing middle-income countries through capacity-building;
12. Recalls, in this regard, that, in “The future we want”,8 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;
13. Emphasizes the need for international cooperation for capacity-building,
including cross-sectoral cooperation, at national, regional and global levels, to
address, in particular, gaps in capacity-building in ocean affairs and the law of the
sea, including marine science;
14. 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;
15. 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;
__________________
23 Ibid., vol. 2562, No. 45694.
A/RES/72/73
Oceans and the law of the sea
17-21819
10/55
16. 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 and search and rescue
services, 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;
17. 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;
18. 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;
19. 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;
20. Notes the international scientific cooperation within the Global Ocean
Acidification Observing Network and its efforts in building scientific capacity for
ocean acidification monitoring, research and experimentation, including through the
Pier2Peer scientific mentorship programme;
21. 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;
22. 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 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, and has graduated 900 students from more than 120 countries;
23. Also recognizes with appreciation the important contribution to capacity-
building in the field of the law of the sea by the Summer Academy of the International
Foundation for the Law of the Sea at the International Tribunal for the Law of the
Sea;
24. Further recognizes with appreciation the important contribution of the
Korea Maritime Institute to the trust fund to support the internship programmes at the
Oceans and the law of the sea
A/RES/72/73
11/55
17-21819
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;
25. Notes the holding of three sessions of the Summer Academy on the
Continental Shelf in 2014, 2015 and 2016 in the Faroe Islands, organized by the
University of the Faroe Islands;
26. Recognizes the importance of the work of the Malta-based International
Maritime Law Institute of the International Maritime Organization, as a centre of
education and training of specialists in maritime law, including government legal
advisers and other high-level officials, mainly from developing States, confirms its
effective capacity-building role in the field of international maritime law, shipping
law and marine environmental law, and urges States, intergovernmental organizations
and financial institutions to make voluntary financial contributions to the budget of
the Institute which runs annually;
27. 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’s newly established
Endowment Fund;
28. Welcomes ongoing activities for capacity-building so as to address
maritime security and 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;
29. Recognizes the ongoing activities of the secretariat of the Convention on
Biological Diversity in coordinating capacity-building efforts to support developing
States in achieving the Aichi Biodiversity Targets in marine and coastal areas, in
particular through the Sustainable Ocean Initiative; 24
30. Also 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;25
31. Further 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 of all kinds, in particular from land-based activities and
marine debris and nutrient pollution;26
__________________
24 See United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I, and
Conference of the Parties to the Convention on Biological Diversity decision XII/23, paras. 19–22.
25 United Nations, Treaty Series, vols. 2225, 2237, 2241 and 2326, No. 39574.
26 See 2012 Guidelines for the Development of a Regional Reception Facilities Plan, International
Maritime Organization, resolution MEPC.221(63).
A/RES/72/73
Oceans and the law of the sea
17-21819
12/55
32. Recognizes the importance of assisting developing States, in particular the
least developed countries, landlocked developing countries and small island
developing States, as well as coastal African States, in implementing the Convention,
urges States, international financial institutions, donor agencies, intergovernmental
organizations, non-governmental organizations and 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; 27
33. Acknowledges the importance of capacity-building for developing States,
in particular the least developed countries, landlocked developing 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;
34. Recognizes that promoting the voluntary transfer of technology is an
essential aspect of building capacity in marine science;
35. 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;
36. Also encourages States to consider additional opportunities for capacity-
building at the regional level;
37. Welcomes the efforts of the Tribunal in holding regional workshops;
38. Notes with satisfaction the publication of the first edition of the Global
Ocean Science Report by the Intergovernmental Oceanographic Commission;
39. 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;
40. 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;
41. Welcomes the establishment by the Assembly of the Intergovernmental
Oceanographic Commission at its twenty-ninth session of the Group of Experts on
Capacity Development;
42. Also welcomes the role of the United Nations Conference on Trade and
Development, within its mandate, reiterated by member States at its fourteenth
session, held in Nairobi from 17 to 22 July 2016, to continue to assist developing
countries, upon request, in enhancing the sustainability and climate resilience of their
transport systems and infrastructure, including coastal transport infrastructure;
43. 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
__________________
27 See A/70/74/Add.1, para. 137.
Oceans and the law of the sea
A/RES/72/73
13/55
17-21819
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;
44. Calls upon States to continue to assist developing States, and especially
the least developed countries and small island developing States, as well as coastal
African States, at the bilateral and, where appropriate, multilateral levels, in
the preparation of submissions to the Commission regarding the establishment of the
outer limits of the continental shelf beyond 200 nautical miles, including the
assessment of the nature and extent of the continental shelf of a coastal State, and
recalls that coastal States can make requests to the Commission for scientific and
technical advice in the preparation of data for their submissions, in accordance with
article 3 of annex II to the Convention;
45. 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
of providing assistance to 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;28
46. 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 Procedure29 and
the Scientific and Technical Guidelines of the Commission 30 and to defray the costs
of travel and daily subsistence allowance for delegates to participate in meetings with
the Commission upon its invitation;
47. 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;
48. 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 continued
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, including two strategic fellowships, as well as the Division’s
support for Member State implementation of the relevant parts of the 2030 Agenda
for Sustainable Development;31
49. Notes the partnership between the Division and the Intergovernmental
Oceanographic Commission on a training programme on marine scientific research
__________________
28 Resolution 55/7, annex II, resolution 58/240, annex, and resolution 70/235, annex.
29 CLCS/40/Rev.1.
30 CLCS/11, CLCS/11/Corr.1, CLCS/11/Add.1 and CLCS/11/Add.1/Corr.1.
31 Resolution 70/1.
A/RES/72/73
Oceans and the law of the sea
17-21819
14/55
under the Convention, and encourages States, relevant international organizations and
other donors to consider supporting the initiative;
50.
Invites
States,
international
financial
institutions,
donor
agencies,
intergovernmental organizations, non-governmental organizations and natural and
juridical persons 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 that have contributed;
51.
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 31 fellowships to individuals from 26 Member
States, 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;32
52.
Expresses its appreciation to States that have made contributions to the
voluntary trust fund for the Hamilton Shirley Amerasinghe Memorial Fellowship on the
Law of the Sea, notes that there are insufficient funds available to grant a regular award
for placement of a fellow in the Division in 2019, expresses its commitment to further
promote the importance of the Fellowship, and urges States, international financial
institutions, donor agencies, intergovernmental organizations, non-governmental
organizations and natural and juridical persons to make voluntary financial contributions
in support of the Fellowship so that a regular award may be granted for 2019 and beyond;
53.
Recognizes with appreciation the important contribution of the United
Nations-Nippon Foundation of Japan Fellowship Programme, which has awarded
142 fellowships to individuals from 76 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 an Alumni Meeting in
2017 in New York in conjunction with the high-level United Nations Conference to
Support the Implementation of Sustainable Development Goal 14: Conserve and
sustainably use the oceans, seas and marine resources for sustainable development, and
also recognizes with appreciation the provision of a fellowship under the Strategic Award
of the United Nations-Nippon Foundation of Japan Fellowship Programme in 2017;
54.
Encourages 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;
__________________
32 Resolutions 69/117, para. 8, 70/116, para. 4, 71/139, para. 7, and 72/115, paras. 7 and 8.
Oceans and the law of the sea
A/RES/72/73
15/55
17-21819
III
Meeting of States Parties
55. Welcomes the report of the twenty-seventh Meeting of States Parties to the
Convention;5
56. Requests the Secretary-General to convene the twenty-eighth Meeting of
States Parties to the Convention from 11 to 14 June 2018, with full conference
services, including documentation, as required;
IV
Peaceful settlement of disputes
57. 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;
58. 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;
59. Notes that States parties to an international agreement relating 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;
60. 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
61. 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;
62. Notes that, as at 10 August 2017, the Authority had approved 29 plans of
work for exploration for marine mineral resources in the Area;
63. Notes with appreciation the decision taken by the Council of the Authority
at its twenty-third session, to approve an application for extension of an approved
plan of work for exploration for polymetallic nodules, pursuant to section 1,
paragraph 9, of the annex to the Part XI Agreement;33
64. Welcomes the progress of the work of the Authority on draft regulations
for exploitation of mineral resources in the Area, takes note of the development of a
__________________
33 See ISBA/23/C/15.
A/RES/72/73
Oceans and the law of the sea
17-21819
16/55
road map for adoption and approval of such regulations, and encourages the Authority
to continue its work on the draft regulations as a matter of priority and to provide
sufficient opportunities and time for substantive consideration and discussion of
successive drafts;
65. Notes that all States Parties to the Convention and other stakeholders are
invited to provide input on the draft regulations by 17 November 2017, and no later
than 31 December 2017;34
66. 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;35
67. 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;
68. Welcomes the decision of the Assembly, at the twenty-third session of the
Authority, in approving the final report on the first periodic review of the international
regime of the Area pursuant to article 154 of the Convention;36
69. Also welcomes the decision of the Assembly, in the context of the first
periodic review of the international regime of the Area pursuant to article 154 of
the Convention, to request the Secretary-General of the Authority, in view of the
importance of a long-term plan defining the strategic direction and aims of the
Authority, to submit a draft strategic plan to the Assembly for consideration at its
twenty-fourth session, in 2018, and to regularly inform member States on progress
with respect to this plan;36
70. Encourages the Authority to continue its work towards the standardization
of marine bathymetric information collected in the Area, in cooperation with relevant
international
organizations, including the Intergovernmental
Oceanographic
Commission and the International Hydrographic Organization, particularly under the
Seabed 2030 project;37
71. Notes that a workshop dedicated to the review of the status of
implementation of the environmental management plan for the Clarion-Clipperton
Zone will be held during the first half of 2018, and encourages the Authority to make
progress on the development of environmental management plans in other specific
areas in the Area, in particular where there are currently exploration contracts,
recalling paragraph 60 of resolution 70/235;
72. 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
session38 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, 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,39 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;
__________________
34 See ISBA/23/C/12.
35 See ISBA/17/A/9.
36 See ISBA/23/A/13.
37 See ISBA/23/A/2.
38 ISBA/8/A/11.
39 ISBA/12/A/11.
Oceans and the law of the sea
A/RES/72/73
17/55
17-21819
VI
Effective functioning of the Authority and the Tribunal
73. Commends the progress in the work of the Authority;
74. Also commends the work of the Tribunal since its establishment;
75. Appeals to all States Parties to the Convention to pay their assessed
contributions 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;
76. Expresses serious concern about the number of States Parties to the
Convention in arrears with their assessed contributions to the Authority, appeals to all
States Parties to the Convention to pay their assessed contributions to the Authority
in full and on time, and urges them to fulfil their obligations without delay, in
particular those States whose exercise of voting rights has been suspended by virtue
of article 184 of the Convention, and invites the Secretary-General of the Authority
to continue his efforts to recover arrears, including bilateral efforts;
77. Expresses concern about the low attendance at the annual sessions of the
Assembly of the Authority, notes that the Assembly has endorsed the revised schedule
of meetings for 2018 and 2019, including two meetings of the Council of the
Authority to be held in March and July 2018, respectively, welcomes the decision of
the Assembly to request the Secretary-General of the Authority to establish a
voluntary trust fund for the purpose of defraying the cost of participation of members
of the Council from developing States in its second annual meeting, and encourages
member States, observers and other stakeholders to contribute financially to the
voluntary trust fund;36
78.
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
workshop entitled “Marine mineral resources of Africa’s continental shelf and adjacent
international seabed area: prospects for the sustainable development of Africa’s
maritime domain, in support of Africa’s blue economy”, in Kampala from 2 to 4 May
2017, 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;
79. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 40 and to the
Protocol on the Privileges and Immunities of the Authority; 41
80. 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;
81. Calls upon coastal States that have not yet done so to deposit a copy of
charts or lists of geographical coordinates showing the outer limit lines of the
continental shelf with the Secretary-General of the Authority, as provided for in
article 84, paragraph 2, of the Convention;
__________________
40 United Nations, Treaty Series, vol. 2167, No. 37925.
41 Ibid., vol. 2214, No. 39357.
A/RES/72/73
Oceans and the law of the sea
17-21819
18/55
VII
The continental shelf and the work of the Commission
82. 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;
83. 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;
84. 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);
85. 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, 42 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;
86. Further notes with satisfaction the progress in the work of the
Commission43 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;
87. Takes note of the 29 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;
88. 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;
89. 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;
90. Takes note with appreciation of the decision of the Commission at its
forty-fourth session to continue to extend the duration of its sessions for 2018 to three
__________________
42 See SPLOS/183.
43 See CLCS/98, CLCS/100 and CLCS/101.
Oceans and the law of the sea
A/RES/72/73
19/55
17-21819
sessions of seven weeks each, including plenary meetings, 44 and further notes the
decision of the Commission to establish new subcommissions so that nine
subcommissions would actively consider submissions;45
91. Notes that the Meeting of States Parties to the Convention, in its decisions
regarding the conditions of service of the members of the Commission,46 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;
92. Also notes the decision of the twenty-seventh 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;5
93. 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;
94. 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;
95. 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 decisions of the twenty-first17 and twenty-
sixth18 Meetings of States Parties to the Convention;
96. 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 number of its working weeks;
97. 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, 28 and encourages
States, international financial institutions, donor agencies, intergovernmental
organizations, non-governmental organizations and natural and juridical persons to
make additional contributions to this fund;
98. Also expresses its appreciation to States that have made contributions to
the voluntary trust fund established pursuant to resolution 55/7 for the purpose of
defraying the cost of participation of the members of the Commission from
developing States in the meetings of the Commission,28 expresses its serious concern
at the critical lack of funds in this trust fund, urges States, international financial
institutions, donor agencies, intergovernmental organizations, non-governmental
organizations and natural and juridical persons to make additional contributions to it,
and authorizes the use, as appropriate, of the trust fund, and in accordance with the
purpose of its terms of reference, to defray the cost of the participation of the Chair
__________________
44 See CLCS/100.
45 See CLCS/80, CLCS/80/Corr.1, CLCS/83 and CLCS/83/Corr.1.
46 SPLOS/276 and SPLOS/286.
A/RES/72/73
Oceans and the law of the sea
17-21819
20/55
of the Commission, when nominated by a developing country, in the Meetings of
States Parties to the Convention;
99. Authorizes the Secretary-General, as an interim measure and subject to the
availability of funds in the trust fund referred to in paragraph 98 above, 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 2018, 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;
100. 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 the information provided by the Secretariat during the twenty-
seventh Meeting of States Parties to the Convention, 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;
101. Emphasizes the continued need for members of the Commission to have
suitable working space for their work at the sessions of the Commission and its
subcommissions, recognizes, with 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 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;
102. Approves the convening by the Secretary-General of the forty-sixth, forty-
seventh and forty-eighth sessions of the Commission, in New York, from 29 January
to 16 March 2018, from 16 July to 31 August 2018 and from 15 October to
30 November 2018, 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;
103. Welcomes the convening of a half-day open meeting of the Commission
on 10 March 2017, during its forty-third session, to commemorate the twentieth
anniversary of its establishment;48
104. Expresses its firm conviction about the importance of the work of the
Commission, carried out in accordance with the Convention as well as in accordance
with its Rules of Procedure, 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;
105. 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
__________________
47 From 5 to 9 February and from 5 to 9 March 2018 during the forty-sixth session, and from 6 to
10 August and from 27 to 31 August 2018 during the forty-seventh session.
48 See CLCS/98.
Oceans and the law of the sea
A/RES/72/73
21/55
17-21819
submissions by States, in particular developing States, to the Commission, and
encourages States to continue to exchange views;
106. 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
107. 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;
108. 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;
109. 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;
110. 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;
111. Welcomes the consideration by the International Maritime Organization of
the fair treatment of seafarers, and recalls 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;
112. Notes the theme for the 2017 World Maritime Day, “Connecting ships,
ports and people”;
113. Invites States that have not yet done so to become parties to the
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978,49 as amended, and the International Convention on Standards of
Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;
114. Acknowledges the entry into force of the Work in Fishing Convention,
2007 (No. 188), the Seafarers’ Identity Documents Convention (Revised), 2003
(No. 185)50 and the Protocol to the Forced Labour Convention, 1930 (No. 29) of the
International Labour Organization, encourages States that have not yet done so to
__________________
49 United Nations, Treaty Series, vol. 1361, No. 23001.
50 Ibid., vol. 2304, No. 41069.
A/RES/72/73
Oceans and the law of the sea
17-21819
22/55
consider becoming parties to them as well as to the Maritime Labour Convention,
2006, as amended, calls upon States to effectively implement their obligations under
those instruments, and emphasizes the need to provide to States, at their request,
technical cooperation and assistance in this regard;
115. 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;
116. 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;
117. Notes the adoption by the Assembly of the International Maritime
Organization of resolution A.1078(28) of 4 December 2013 which revised the
International Maritime Organization ship identification number scheme to allow its
voluntary application to seagoing ships of 100 gross tonnage and above, including
fishing vessels;
118. 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;
119. 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
against ships 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 Work Plan for Maritime Security 2015–2017, which was
reaffirmed at the twenty-fourth Regional Forum of the Association of Southeast Asian
Nations, held in Manila on 7 August 2017;
120. Welcomes the adoption by the African Union Extraordinary Summit of
Heads of State and Government on Maritime Security and Safety and Development
in Africa of the Charter on Maritime Security and Safety and Development in Africa;
121. 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;
122. Notes with concern that piracy and armed robbery at sea affect a wide
range of vessels engaged in maritime activities, and expresses grave concern at the
threats posed by piracy and armed robbery at sea to the safety and welfare of seafarers
and other persons;
123. Emphasizes the importance of promptly reporting incidents to enable
accurate information on the scope of the problem of piracy and armed robbery against
ships at sea and, in the case of armed robbery against ships at sea, 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 at
sea, 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 aspires to be recognized as a centre of
Oceans and the law of the sea
A/RES/72/73
23/55
17-21819
excellence within its purpose and mandate, and notes also the Maritime Domain
Awareness for Trade – Gulf of Guinea mechanism and the United Kingdom Maritime
Trade Operations covering the high-risk area;
124. 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;
125. 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;
126. 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;
127. 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;
128. 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, and calls upon States to give immediate attention to adopting, concluding and
implementing cooperation agreements at the regional level on combating piracy and
armed robbery against ships;
129. 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;
130. 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; 51
131. 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,
which have resulted in a steady decline in pirate attacks as well as hijackings since
2011, in that regard continues to be gravely concerned by the ongoing threat that
__________________
51 See S/2013/623, paras. 11–13, and S/2014/740, para. 10.
A/RES/72/73
Oceans and the law of the sea
17-21819
24/55
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 2383 (2017) of
7 November 2017, as well as the statements by the President of the Council of
25 August 201052 and of 19 November 2012,53 also notes that the authorization in
resolution 2383 (2017) and relevant resolutions54 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;
132. Notes the continued efforts within the Contact Group on Piracy off the
Coast of Somalia, following the adoption of Security Council resolution 1851 (2008)
of 16 December 2008, and commends the contributions of all States in the efforts to
fight piracy off the coast of Somalia;
133. Takes note of the outcome of the London Conference on Somalia held on
11 May 2017, and the commitment of the Federal Government of Somalia and federal
member states of Somalia to developing their maritime security capabilities;
134. Recognizes the primary responsibility of the Federal Government of
Somalia in combating piracy and armed robbery at sea 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, at their request, in strengthening
institutional capacity to fight piracy and tackle its underlying causes, 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;
135. Notes the International Maritime Organization 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;
136. Welcomes the successful prosecution of piracy cases in Belgium, India,
Mauritius and Seychelles during the past year, as well as the successful cooperation
between China and Somalia in transferring suspected pirates in May 2017, while
noting with concern that the continuing limited capacity and domestic legislation to
facilitate the custody and prosecution of suspected pirates after their capture has
hindered more robust international action against pirates off the coast of Somalia;
137. Encourages States to ensure that ships flying their flag apply ship security
measures approved in accordance with national and international law;
138. 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
__________________
52 S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July
2011 (S/INF/66).
53 S/PRST/2012/24; see Resolutions and Decisions of the Security Council, 1 August 2012–31 July
2013 (S/INF/68).
54 See Security Council resolution 2316 (2016), first preambular paragraph.
Oceans and the law of the sea
A/RES/72/73
25/55
17-21819
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;
139. 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, and notes the adoption in January 2017 of the Jeddah Amendment to the
Djibouti Code of Conduct;
140. 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 and the
statement by the President of the Council of 25 April 2016,55 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;
141. Urges States to ensure the full implementation of resolution A.1069(28) of
the Assembly of the International Maritime Organization on prevention and
suppression of piracy, armed robbery against ships and illicit maritime activity in the
Gulf of Guinea;
142. 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
Navigation56 and the 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 the 2005 Protocol to the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime Navigation 57 and the
2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf, 58 and urges States parties
to take appropriate measures to ensure the effective implementation of those
instruments through the adoption of legislation, where appropriate;
143. 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,59 and to work with the International Maritime Organization to
promote safe and secure shipping while ensuring freedom of navigation;
144. 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;
__________________
55 S/PRST/2016/4.
56 United Nations, Treaty Series, vol. 1678, No. 29004.
57 International Maritime Organization, document LEG/CONF.15/21.
58 International Maritime Organization, document LEG/CONF.15/22.
59 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.
A/RES/72/73
Oceans and the law of the sea
17-21819
26/55
145. 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 tenth Cooperation Forum, in Kota Kinabalu,
Malaysia, on 2 and 3 October 2017, the tenth Project Coordination Committee
Meeting, in Kota Kinabalu on 4 October 2017, the forty-second Tripartite Technical
Experts Group Meeting, in Kota Kinabalu on 5 and 6 October 2017, and the
eighteenth and nineteenth Aids to Navigation Fund Committee Meetings, in
Singapore, on 11 and 12 April 2017 and 14 and 15 September 2017, 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;
146. 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;
147. 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;
148. 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;60
149. Encourages States to cooperate at the bilateral, regional and global levels
to prevent, combat and eradicate illicit trafficking in protected species of wild fauna
and flora where such trafficking occurs via maritime routes, through, inter alia, the
use of applicable international legal instruments as appropriate, such as the United
Nations Convention against Transnational Organized Crime, the United Nations
Convention against Corruption61 and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora,62 and reiterates its call upon Member
States expressed in its resolution 71/326 of 11 September 2017 to make illicit
trafficking in protected species of wild fauna and flora a serious crime, in accordance
with their national legislation and as defined in article 2 (b) and article 3,
paragraph 1 (b), of the United Nations Convention against Transnational Organized
Crime, in order to ensure that, where the offence is transnational in nature and
involves an organized criminal group, effective international cooperation can be
__________________
60 United Nations, Treaty Series, vol. 2225, No. 39574.
61 Ibid., vol. 2349, No. 42146.
62 Ibid., vol. 993, No. 14537.
Oceans and the law of the sea
A/RES/72/73
27/55
17-21819
afforded under the United Nations Convention against Transnational Organized
Crime to prevent and combat transnational organized crime;
150. 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;
151. Calls upon States, in that context, to take measures in accordance with
relevant international obligations to prevent and combat all forms of trafficking in
persons, to identify victims of human trafficking, including among migrant flows, and
to provide trafficking victims with appropriate protection and assistance, according
to their national law and policy;
152. 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,63 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,64 and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized
Crime,65 and to take appropriate measures to ensure their effective implementation;
153. 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;
154. 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 and
environmentally protected and open to international navigation at all times, consistent
with international law, in particular the Convention;
155. 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;
156. 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, 66 to implement the
Code of International Standards and Recommended Practices for a Safety
Investigation into a Marine Casualty or Marine Incident, 67 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
__________________
63 Ibid., vol. 2241, No. 39574.
64 Ibid., vol. 2326, No. 39574.
65 Ibid., vol. 2237, No. 39574.
66 International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution
MSC.257(84).
67 International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution
MSC.255(84).
A/RES/72/73
Oceans and the law of the sea
17-21819
28/55
every marine safety investigation conducted into a very serious marine casualty to
identify trends and develop knowledge and risk-based recommendations;
157. 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;68
158. 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;
159. 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;
160. 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;
161. Notes that cessation of the transport of radioactive materials through the
regions of small island developing States is an ultimate desired goal of small island
developing States and some other countries, and recognizes the right of freedom of
navigation in accordance with international law; that States should maintain dialogue
and consultation, in particular under the auspices of the International Atomic Energy
Agency and the International Maritime Organization, with the aim of improved
mutual understanding, confidence-building and enhanced communication in relation
to the safe maritime transport of radioactive materials; that States involved in the
transport of such materials are urged to continue to engage in dialogue with small
island developing States and other States to address their concerns; and that these
concerns include the further development and strengthening, within the appropriate
forums, of international regulatory regimes to enhance safety, disclosure, liability,
security and compensation in relation to such transport;
162. Acknowledges, in the context of paragraph 161 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;
163. 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;69
__________________
68 International Maritime Organization, Assembly resolution A.1091(28).
69 International Maritime Organization, Assembly resolution A.949(23).
Oceans and the law of the sea
A/RES/72/73
29/55
17-21819
164. Invites States that have not yet done so to consider becoming parties to the
Nairobi International Convention on the Removal of Wrecks, 2007; 70
165. 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;
166. Calls upon States to ensure that masters on ships flying their flag take the
steps required by relevant instruments71 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 Rescue72 and to the International Convention for the Safety of
Life at Sea73 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; 74
167. 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; 75
168. 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, 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, and
underlines in particular the importance of full respect for the principle of
non-refoulement in accordance with applicable international law;
169. 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;76
170. Calls upon States to continue to cooperate in developing comprehensive
approaches to international migration and development, including through dialogue
on all their aspects;
__________________
70 International Maritime Organization, document LEG/CONF.16/19.
71 Convention on International Civil Aviation, 1944, annex 12, International Convention for the
Safety of Life at Sea, 1974, International Convention on Maritime Search and Rescue, 1979, as
amended, United Nations Convention on the Law of the Sea, 1982, and International Convention
on Salvage, 1989.
72 International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution
MSC.155(78).
73 International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution
MSC.153(78).
74 International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution
MSC.167(78).
75 United Nations, Treaty Series, vol. 1405, No. 23489.
76 International Maritime Organization, document MSC 88/26/Add.1, annex 6, resolution
MSC.312(88).
A/RES/72/73
Oceans and the law of the sea
17-21819
30/55
171. 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;
172. 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;
173. 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;
174. Affirms the importance of maintenance, including the repair, of submarine
cables, undertaken in conformity with international law, as reflected in the
Convention;
175. 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;77
176. 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
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;
177. 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;
178. Notes that audits of Member States under the International Maritime
Organization Member State Audit Scheme became mandatory in January 2016 under
nine mandatory International Maritime Organization instruments and are to be carried
out in accordance with the Framework and the Procedures for the International
Maritime Organization Member State Audit Scheme and using the International
Maritime Organization Instruments Implementation Code (III Code);78
179. Welcomes the adoption by the International Maritime Organization of the
International Code for Ships Operating in Polar Waters (Polar Code), under the
International Convention for the Safety of Life at Sea and the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto, as amended,79 and encourages States and competent
__________________
77 International Maritime Organization, resolutions MSC.349(92) and MEPC.237(65).
78 See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28),
A.1068(28) and A.1070(28).
79 International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution
Oceans and the law of the sea
A/RES/72/73
31/55
17-21819
international organizations and bodies to support the effective implementation of the
requirements of the Polar Code, which entered into force on 1 January 2017;80
180. 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;
181. 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, making ample use of information systems, such as the
International Maritime Organization Global Integrated Shipping Information
System,81 including among safety and security sectors;
182. 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
183. 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;
184. Calls upon States to implement the Sustainable Development Goals
outlined in the outcome document of the United Nations summit for the adoption of
the post-2015 development agenda, entitled “Transforming our world: the 2030
Agenda for Sustainable Development” as adopted by the General Assembly in
resolution 70/1, including Goal 14 to conserve and sustainably use the oceans, seas
and marine resources for sustainable development, and recalls that the Goals and
targets are integrated and indivisible;
185. Reiterates, in this regard, the call made in the declaration entitled “Our
ocean, our future: call for action” for action to be taken on an urgent basis to conserve
and sustainably use the oceans, seas and marine resources for sustainable
development;82
186. 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, 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
__________________
MEPC.203(62).
80 International Maritime Organization resolutions MSC.385(94) and MEPC.264(68) and related
amendments to the International Convention for the Safety of Life at Sea (resolution MSC.386(94)
and the International Convention for the Prevention of Pollution from Ships (resolution
MEPC.265(68).
81 International Maritime Organization, resolutions A.1029(26) and A.1074(28).
82 Resolution 71/312, annex.
A/RES/72/73
Oceans and the law of the sea
17-21819
32/55
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,83 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;
187. 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;
188. Notes the discussions at the seventeenth meeting of the Informal
Consultative Process, which focused on the theme “Marine debris, plastics and
microplastics” and which, inter alia, highlighted that the size of the problem had
increased exponentially since the topic of marine debris was addressed at the sixth
meeting of the Informal Consultative Process, in 2005, noted that marine debris in
general, and plastics in particular, were some of the greatest environmental concerns
of our time, along with climate change, ocean acidification and loss of biodiversity,
discussed prevention and emphasized the need to address the issue, both downstream,
through improved mechanisms for waste management, disposal and recycling, and
upstream, by addressing consumption and production patterns, including through
awareness-raising campaigns;84
189. Also notes the eighteenth meeting of the Informal Consultative Process,
which focused on the theme “The effects of climate change on oceans”, during which
delegations discussed, inter alia, the environmental, social and economic impacts on
all States, in particular developing States, of the effects of climate change on the
oceans, as well as the urgent need to address such effects and impacts, the need for
international cooperation and coordination, including concerted and immediate action
to combat the effects of climate change on the oceans, as well as the need for
continued coordinated international focus in recognition that, owing to the
interconnected nature of the oceans, ensuing impacts cannot be overcome by any
single State and, in particular, in view of the grave implications for countries with
low-lying coasts, some of whose very existence is under threat;4
190. Further notes the work of the Intergovernmental Panel on Climate Change,
notes with concern its findings on the acidification of the oceans and the substantial
risks to marine ecosystems, especially polar ecosystems, coral reefs, plankton and
other organisms which have a calcareous exoskeleton, or a shell, like crustaceans, and
the potentially detrimental consequences for fisheries and livelihoods, as well as the
findings of the World Meteorological Organization contained in its annual
Greenhouse Gas Bulletin, and notes its decision to foster collaboration with
organizations and institutions that address the carbon budget of the ocean, 85 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 Diversity86 and paragraphs 6 to 10 of decision XII/23 on marine and
__________________
83 A/51/116, annex II.
84 See A/71/204.
85 World Meteorological Organization, Seventeenth World Meteorological Congress, Geneva,
25 May–12 June 2015, resolution 46 (Cg-17).
86 United Nations, Treaty Series, vol. 1760, No. 30619.
Oceans and the law of the sea
A/RES/72/73
33/55
17-21819
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 2014,87 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;
191. Notes with appreciation that, at its forty-third session, held in Nairobi,
from 11 to 13 April 2016, the Intergovernmental Panel on Climate Change decided to
prepare a special report on climate change and oceans and the cryosphere; 88
192. 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;
193. Welcomes, in this regard, the holding in Monaco, from 15 to 17 October
2017, of the fourth International Workshop on the Socioeconomic Impacts of Ocean
Acidification, on the theme “From sciences to solutions: ocean acidification impacts
on ecosystem services – case study on coral reefs”, organized by the Scientific Centre
of Monaco and the Ocean Acidification International Coordination Centre of the
International Atomic Energy Agency;
194. Notes with concern the approximately 30 per cent increase in the acidity
of ocean surface waters since the beginning of the industrial era 89 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;
195. Recognizes the attention paid to ocean acidification at the fourteenth and
eighteenth meetings 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 (the first World Ocean Assessment), the
ongoing work of the Ocean Acidification International Coordination Centre and
the scientific cooperation fostered by the Global Ocean Acidification Observing
Network;
196. 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, support continued coordination of scientific work to study and minimize
the impacts of ocean acidification and develop ways and means of adaptation, taking
into account, as appropriate, the precautionary approach and ecosystem approaches;
__________________
87 See United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I.
88 Intergovernmental Panel on Climate Change, decision IPCC/XLIII-6.
89 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.
A/RES/72/73
Oceans and the law of the sea
17-21819
34/55
197. Notes the vital role that coastal blue carbon ecosystems, including
mangroves, tidal marshes and seagrasses, play in climate adaptation and mitigation
through carbon sequestration, and in increasing the resilience of coastal ecosystems
to ocean acidification, and the range of other benefits that these ecosystems provide,
including sustainable livelihoods, food security and biodiversity conservation, and
coastal protection, and encourages States and relevant international institutions and
organizations to work collaboratively to protect and restore coastal blue carbon
ecosystems;
198. Welcomes the Paris Agreement90 and its early entry into force on
4 November 2016, encourages all its parties to fully implement the Agreement and
parties to the United Nations Framework Convention on Climate Change 91 that have
not yet done so to deposit their instruments of ratification, acceptance, approval or
accession, as appropriate, as soon as possible, and recognizes the importance of
raising awareness of the adverse impact of climate change on the marine environment,
marine biodiversity and sea level;
199. Also welcomes, in this regard, the convening of the twenty-third session of
the Conference of the Parties to the United Nations Framework Convention on
Climate Change, the thirteenth session of the Conference of the Parties serving as the
Meeting of the Parties to the Kyoto Protocol and the second part of the first session
of the Conference of the Parties serving as the Meeting of the Parties to the Paris
Agreement in Bonn, Germany, from 6 to 17 November 2017;
200. 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;
201. 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;
202. Notes with satisfaction that the conditions for the entry into force of the
International Convention for the Control and Management of Ships’ Ballast Water
and Sediments, 2004,92 have been fulfilled and that that Convention entered into force
on 8 September 2017, and encourages States that have not yet done so to consider
ratifying or acceding to it;
203. 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
__________________
90 See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex.
91 United Nations, Treaty Series, vol. 1771, No. 30822.
92 International Maritime Organization, document BWM/CONF/36, annex.
Oceans and the law of the sea
A/RES/72/73
35/55
17-21819
results of such assessments to the competent international organizations in accordance
with the Convention;
204. Encourages States that have not done so to become parties to regional seas
conventions and the protocols thereto addressing the protection and preservation of
the marine environment;
205. 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;
206. 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;
207. 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;
208. 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 notes that the “UNEP frontiers 2016 report” identifies
microplastics as one of six key emerging environmental issues;
209. Recognizes the need for better understanding of the sources, amounts,
pathways, distribution, trends, nature and impacts of marine debris, especially plastics
and microplastics, 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”, and the report of the Executive Director of the United Nations
Environment Programme on marine plastic debris and microplastics, which reviews
best-available knowledge and experiences in this regard and gives recommendations
for further steps to reduce plastic litter and microplastic in the oceans;93
210. Calls upon States to implement resolution 2/11 on marine plastic litter and
microplastics, adopted by the United Nations Environment Assembly of the United
Nations Environment Programme at its second session, held in Nairobi from
23 to 27 May 2016;11
211. Acknowledges the request by the United Nations Environment Assembly in
paragraph 21 of its resolution 2/11 to the Executive Director of the United Nations
Environment Programme, in close cooperation with other relevant bodies and
organizations, to undertake an assessment of the effectiveness of relevant international,
regional and subregional governance strategies and approaches to combat marine
plastic litter and microplastics, taking into consideration the relevant international,
regional and subregional regulatory frameworks and identifying possible gaps and
options for addressing them, including through regional cooperation and coordination,
__________________
93 UNEP/EA.2/5.
A/RES/72/73
Oceans and the law of the sea
17-21819
36/55
and to submit the assessment at the next session of the United Nations Environment
Assembly, within available resources for this purpose;
212. 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 Biological
Diversity and the Convention on the Conservation of Migratory Species of Wild
Animals,94 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 work of the International Whaling Commission on assessing the
impacts of marine debris on cetaceans;
213. 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 to cooperate with other States, industry and civil
society, as appropriate, on environmentally sound and cost-effective measures to
prevent and reduce, as appropriate, marine debris and microplastics in the marine
environment, including through strengthened cooperation under the Global
Partnership on Marine Litter;
214. 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;
215. Notes the holding of the Workshop on Best Practices Sharing in Marine
Debris Management in Coastal Cities of the APEC Region, under the Asia-Pacific
Economic Cooperation framework, in Xiamen, China, on 4 November 2017;
216. Also notes the ongoing work of the International Maritime Organization to
prevent pollution from ships, including through the designation of Special Areas
under the International Convention for the Prevention of Pollution from Ships, 1973,
as modified by the Protocol of 1978 relating thereto, as amended, 95 and encourages
the International Maritime Organization to continue working on the prevention of
pollution from ships;
217. 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
__________________
94 United Nations, Treaty Series, vol. 1651, No. 28395.
95 International Convention for the Prevention of Pollution from Ships, annex IV (Regulations for
the prevention of pollution by sewage from ships) and annex V (Regulations for the prevention
of pollution by garbage from ships).
Oceans and the law of the sea
A/RES/72/73
37/55
17-21819
Ships) to the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended; 96
218. 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);
219. 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;97
220. 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;
221. 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;98
222. Encourages States to take part in the Fourth Intergovernmental Review
Meeting on the Implementation of the Global Programme of Action for the Protection
of the Marine Environment from Land-based Activities, to be held in Indonesia in
2018;
223. 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 and the Global Partnership on Nutrient Management
and Global Wastewater Initiative, including through capacity-building initiatives and
efforts to monitor, via the Global Ocean Observing System, stressors such as harmful
algal blooms, areas of hypoxia, sargassum seaweed invasions and jellyfish blooms, to
assess their possible linkage to eutrophication and their potential adverse impacts on
the marine environment as well as on human health;
224. 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;
225. Welcomes the entry into force on 16 August 2017 of the Minamata
Convention on Mercury,99 and 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 that
Convention;
__________________
96 International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution
MEPC.203(62).
97 International Maritime Organization, Assembly resolution A.963(23).
98 United Nations Environment Programme, document UNEP(DEPI)/GPA/IGR.3/6, annex.
99 United Nations Environment Programme, document UNEP(DTIE)/Hg/CONF/4, annex II.
A/RES/72/73
Oceans and the law of the sea
17-21819
38/55
226. Also welcomes the continued work of States, the United Nations
Environment Programme and regional organizations in the implementation of the
Global Programme of Action, and encourages increased emphasis on the link between
fresh water, the coastal zone and marine resources in the implementation of
international development goals, including those contained in the United Nations
Millennium Declaration,100 and of the time-bound targets in the Plan of
Implementation of the World Summit on Sustainable Development (Johannesburg
Plan of Implementation),20 in particular the target on sanitation, and the Monterrey
Consensus of the International Conference on Financing for Development; 101
227. 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,102 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;
228. 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; 103
229. 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 resolution adopted by the eighth
Meeting of Contracting Parties to the London Protocol, held from 14 to 18 October
2013, on the amendment to the London Protocol to regulate the placement of matter
for ocean fertilization and other marine geoengineering activities;104
230. 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, from
19 to 30 May 2008,105 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,
__________________
100 Resolution 55/2.
101 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.
102 International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).
103 International Maritime Organization, document LC 32/15 and Corr.1, annex 5, resolution
LC-LP.2 (2010).
104 International Maritime Organization, document LC 35/15, annex 4, resolution LP.4(8).
105 See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.
Oceans and the law of the sea
A/RES/72/73
39/55
17-21819
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 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 2010,106 in which the
Conference of the Parties requested parties to implement decision IX/16 C;
231. 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;
232. 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;
233. 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;
__________________
106 See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.
A/RES/72/73
Oceans and the law of the sea
17-21819
40/55
234. 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;
235. Acknowledges the request by the United Nations Environment Assembly
at its second session, in paragraph 6 of its resolution 2/10, to the United Nations
Environment Programme to step up its work, including through its Regional Seas
Programme, on assisting countries and regions in the application of the ecosystem
approach to managing the marine and coastal environment, including through
enabling intersectoral cooperation in integrated coastal zone management and marine
spatial planning;10
236. 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, landlocked
developing 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;
237. Notes the information compiled by the Secretariat107 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;
238. 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, 2009108 to facilitate its entry into force;
239. Encourages continued cooperation between the parties to the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal109 and the International Maritime Organization on regulations on the
prevention of pollution from ships;
240. Notes the role of the Basel Convention in protecting the marine
environment against the adverse effects which may result from such wastes;
241. 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;
242. Encourages States that have not yet done so to consider ratifying or
acceding to the International Convention on Oil Pollution Preparedness, Response
and Cooperation, 1990,110 and the Protocol on Preparedness, Response and
Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000, of
__________________
107 A/63/342.
108 International Maritime Organization, document SR/CONF/45.
109 United Nations, Treaty Series, vol. 1673, No. 28911.
110 Ibid., vol. 1891, No. 32194.
Oceans and the law of the sea
A/RES/72/73
41/55
17-21819
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;
243. 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; 111
X
Marine biodiversity
244. Reaffirms its central role relating to the conservation and sustainable use
of marine biological diversity of areas beyond national jurisdiction;
245. 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;
246. 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”;
247. Takes note of the extensive and complex discussions and exchange of
views at the four sessions of the Preparatory Committee established by resolution
69/292, which concluded on 21 July 2017, as well as of the report of the Preparatory
Committee and the recommendations contained therein;112
248. Recognizes the abundance and diversity of marine genetic resources and
their value in terms of the benefits, goods and services they can provide;
249. 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;
250. 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;
251. Notes the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity113 and the Convention on Biological Diversity elaborated
programme of work on marine and coastal biological diversity,114 and, while
reiterating the central role of the General Assembly relating to the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction,
notes with appreciation the complementary technical and scientific work done by the
Conference of the Parties to the Convention on Biological Diversity;
252. 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
__________________
111 International Maritime Organization, document LEG/CONF.17/10.
112 A/AC.287/2017/PC.4/2.
113 See A/51/312, annex II, decision II/10.
114 United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex, decision
VII/5, annex I.
A/RES/72/73
Oceans and the law of the sea
17-21819
42/55
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;
253. Notes the adoption by the thirteenth meeting of the Conference of the
Parties to the Convention on Biological Diversity, held in Cancun, Mexico, from 4 to
17 December 2016, of a voluntary specific workplan on biodiversity in cold water
areas within the jurisdictional scope of the Convention, 115 and invites Parties to that
Convention to implement the workplan;
254. Calls upon States and international organizations to urgently take further
action to address, in accordance with international law, destructive practices that have
adverse impacts on marine biodiversity and ecosystems, including seamounts,
hydrothermal vents and cold water corals;
255. 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 area-based
management tools, including marine protected areas;
256. 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;106
257. 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;
258. Invites States to identify measures to achieve Aichi Biodiversity Target 11,
enshrined in decision X/2 of the tenth meeting of the Conference of the Parties to the
Convention on Biological Diversity, and takes note of the announcements made by
some States in this regard;
259. 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;
260. 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
__________________
115 United Nations Environment Programme, document UNEP/CBD/COP/13/25, sect. I, decision
XIII/11, annex II.
Oceans and the law of the sea
A/RES/72/73
43/55
17-21819
protected areas consistent with international law, as reflected in the Convention, and
based on scientific information, including representative networks; 20
261. 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,116 and 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;
262. Also recalls that the Food and Agriculture Organization of the United
Nations has developed guidance for the identification of vulnerable marine
ecosystems through the International Guidelines for the Management of Deep-sea
Fisheries in the High Seas, and notes its ongoing work to support application of the
Guidelines by States and to maintain a database of vulnerable marine ecosystems;
263. Notes with appreciation the work of the Sustainable Ocean Initiative under
the Convention on Biological Diversity, and notes in this regard the global dialogue
with regional seas organizations and regional fisheries bodies on accelerating
progress
towards
the Aichi
Biodiversity Targets,
held
in
Seoul,
from
26 to 29 September 2016;
264. 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; 117
265. 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;
266. Reiterates its support for the International Coral Reef Initiative, notes that
the next International Coral Reef Initiative General Meeting is scheduled to be held
in Nairobi, from 7 to 9 December 2017, 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;
267. 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;
268. 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
__________________
116 United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I, decision
IX/20, annexes I and II.
117 International Maritime Organization, Revised Guidelines for the Identification and Designation
of Particularly Sensitive Sea Areas, Assembly resolution A.982(24).
A/RES/72/73
Oceans and the law of the sea
17-21819
44/55
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;87
269. 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;
270. 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;
271. 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 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;
272. Also notes the approval by the International Maritime Organization of
Guidelines for the Reduction of Underwater Noise from Commercial Shipping to
Address Adverse Impacts on Marine Life, and invites the International Maritime
Organization to promote and encourage their implementation for existing ships and
new vessels, when appropriate, including by promoting measures that may reduce
cavitation;118
273. Encourages further research into technologies to reduce the impact of
underwater noise on marine life;
XI
Marine science
274. 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;
275. 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;
276. 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
__________________
118 International Maritime Organization, document MEPC.1/Circ.833, annex.
Oceans and the law of the sea
A/RES/72/73
45/55
17-21819
reduce these impacts and preserve the integrity of the whole marine ecosystem, while
fully respecting the mandates of relevant international organizations;
277. Welcomes the programme entitled “Promote and facilitate the conduct of
marine scientific research under the United Nations Convention on the Law of the
Sea” of the Division and the Korea Maritime Institute, carried out in cooperation with
the Intergovernmental Oceanographic Commission with the aim of assisting
developing countries, especially small island developing States, to build their
capacities in the field of marine scientific research, and notes with appreciation that
the second course under the programme was developed with the cooperation of the
Organisation of Eastern Caribbean States and delivered in Castries, from
2 to 5 May 2017;
278. 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;
279. 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 the 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, invites States to participate in
this initiative, and notes that two nodes of the Second International Indian Ocean
Expedition Joint Project Office have been established to coordinate operations of the
expedition in Perth, Australia, and Hyderabad, India;
280. 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;
281. 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;
282. 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;
283. Notes that the depth of a significant percentage of the world’s oceans, seas
and waterways has yet to be measured directly and that bathymetric knowledge
underpins the safe, sustainable and cost-effective execution of almost every human
activity in, on or under the sea;
284. Welcomes the work of the General Bathymetric Chart of the Oceans project
under the International Hydrographic Organization and the Intergovernmental
Oceanographic Commission and, in particular, the outcome of the Forum for Future
A/RES/72/73
Oceans and the law of the sea
17-21819
46/55
Ocean Floor Mapping, held in June 2016 in Monaco, and the subsequent development
by the Guiding Committee of the Seabed 2030 project for improving bathymetry
globally;
285. Encourages Member States to consider contributing to mechanisms that
encourage the widest possible availability of all bathymetric data, so as to support the
sustainable development, management and governance of the marine environment;
286. 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;
287. 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; 119
288. 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;
289. 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 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;
290. 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;
291. 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;
292. Decides to proclaim the United Nations Decade of Ocean Science for
Sustainable Development for the 10-year period beginning on 1 January 2021, within
existing structures and available resources, and calls upon the Intergovernmental
Oceanographic Commission to prepare an implementation plan for the Decade in
consultation with Member States, specialized agencies, funds, programmes and
__________________
119 A/67/120.
Oceans and the law of the sea
A/RES/72/73
47/55
17-21819
bodies of the United Nations, as well as other intergovernmental organizations, non-
governmental organizations and relevant stakeholders;
293. Requests that the Intergovernmental Oceanographic Commission provide
information on the development of the implementation plan and regularly consult
with, and report to, Member States on the United Nations Decade of Ocean Science
and its implementation;
294. Invites the Secretary-General to inform the General Assembly on the
implementation of the United Nations Decade of Ocean Science through his report on
oceans and the law of the sea, on the basis of information to be provided by the
Intergovernmental Oceanographic Commission;
295. Invites UN-Oceans and its participants to collaborate with the
Intergovernmental Oceanographic Commission on the United Nations Decade of
Ocean Science;
XII
Regular Process for Global Reporting and Assessment of the State
of the Marine Environment, including Socioeconomic Aspects
296. 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;
297. Reaffirms the principles guiding the Regular Process and its objective and
scope as agreed upon at the first meeting of the Ad Hoc Working Group of the Whole
in 2009;
298. 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 United Nations Convention on the Law of the Sea
and other applicable international instruments, and takes into account relevant
Assembly resolutions;
299. Reaffirms the importance of the first World Ocean Assessment as the
outcome of the first cycle of the Regular Process;
300. Notes with concern the findings of the first World Ocean Assessment that
the world’s ocean is facing major pressures simultaneously with such great impacts
that the limits of its carrying capacity are being, or, in some cases, have been reached,
and that delays in implementing solutions to the problems that have already been
identified as threatening to degrade the world’s ocean will lead, unnecessarily, to
incurring greater environmental, social and economic cost;
301. Recalls the importance of making Governments, United Nations system
organizations, bodies, funds and programmes, intergovernmental organizations, the
scientific community and the general public aware of the first World Ocean
Assessment and the Regular Process, and recognizes with appreciation the activities
undertaken in this regard during various intergovernmental meetings, including the
United Nations Conference to Support the Implementation of Sustainable
Development Goal 14, in particular those of the secretariat of the Regular Process;
302. Also recalls that, in the first cycle, the scope of the Regular Process
focused on establishing a baseline, and decides that the scope of the second cycle will
extend to evaluating trends and identifying gaps;
303. Welcomes the holding of the eighth and ninth meetings of the Ad Hoc
Working Group of the Whole, on 17 and 18 April 2017 and from 6 to 8 September
2017, respectively, in accordance with paragraph 317 of resolution 71/257;
A/RES/72/73
Oceans and the law of the sea
17-21819
48/55
304. Takes note of the recommendations and guidance adopted by the Ad Hoc
Working Group of the Whole at its eighth meeting, and endorses the recommendations
adopted by the Working Group at its ninth meeting;3
305. Takes note with appreciation of the technical abstracts of the first World
Ocean Assessment on the conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction; the ocean and the Sustainable
Development Goals under the 2030 Agenda for Sustainable Development; and the
impacts of climate change and related changes in the atmosphere on the oceans,
prepared in accordance with the programme of work for the period 2017–2020 for the
second cycle of the Regular Process;
306. Notes with appreciation that advance unedited copies of the technical
abstracts were made available to the Preparatory Committee established by resolution
69/292, the eighteenth meeting of the Informal Consultative Process and the United
Nations Conference to Support the Implementation of Sustainable Development
Goal 14;
307. Recognizes with appreciation the work of the members of the Group of
Experts of the Regular Process with respect to the preparation of the technical
abstracts, as well as the contribution of a number of members from the writing teams
of the Pool of Experts of the first cycle of the Regular Process, in accordance with
paragraph 309 of resolution 71/257, to this exercise;
308. Recalls that the Regular Process shall be overseen and guided by the Ad
Hoc Working Group of the Whole, and decides that the Ad Hoc Working Group shall
facilitate the delivery of the outputs of the second cycle as outlined in the programme
of work for the period 2017–2020 for the second cycle of the Regular Process;
309. Recognizes with appreciation the important role of the Co-Chairs and the
Bureau of the Ad Hoc Working Group of the Whole in providing guidance during the
intersessional periods, including in operationalizing the second cycle of the Regular
Process;
310. Requests the Bureau to continue to implement the decisions and guidance
of the Ad Hoc Working Group of the Whole during the intersessional period,
including by providing oversight of the delivery of the programme of work for the
period 2017–2020 for the second cycle of the Regular Process;
311. Notes the endorsement by the Ad Hoc Working Group of the Whole of the
terms of reference and working methods of the Group of Experts for the second cycle
of the Regular Process, prepared in accordance with paragraph 310 of resolution
71/257;120
312. Takes note of the mechanism for the establishment of the Pool of Experts
for the second cycle of the Regular Process121 developed by the Bureau of the Ad Hoc
Working Group of the Whole in accordance with paragraph 311 of resolution 71/257,
and encourages the appointment of experts to the Pool of Experts in accordance with
the mechanism;
313. Welcomes the expressions of interest of individuals who served in the Pool
of Experts during the first cycle of the Regular Process to serve in the Pool of Experts
for the second cycle;
__________________
120 A/72/89, annex.
121 A/72/494, annex I.
Oceans and the law of the sea
A/RES/72/73
49/55
17-21819
314. Takes note of the terms of reference for national focal points developed by
the Bureau of the Ad Hoc Working Group of the Whole;122
315. Welcomes the designation by States of national focal points pursuant to
paragraph 312 of resolution 71/257, and urges States that have not yet done so to
designate their national focal points as soon as possible;
316. Urges regional groups that have not yet done so to appoint experts to the
Group of Experts in accordance with paragraph 287 of resolution 70/235, taking into
account the need to ensure geographical distribution and adequate expertise in
socioeconomic disciplines;
317. Notes the adoption by the Bureau of the Ad Hoc Working Group of
the Whole of guidelines to assist the first round of workshops of the second cycle of
the Regular Process,123 finalized by the Group of Experts in consultation with the
Bureau of the Ad Hoc Working Group and the secretariat of the Regular Process;
318. Welcomes the holding of the workshops in support of the Regular Process
in Lisbon in September 2017, in Auckland, New Zealand, in October 2017, in
Camboriú, Brazil, in November 2017, in Bangkok in November 2017 and in Zanzibar,
United Republic of Tanzania, in December 2017;
319. Notes the elements for discussion on the shape and structure of the
assessment or assessments to be carried out in the second cycle of the Regular Process
prepared by the Group of Experts, in accordance with the programme of work, and
decides that, in the elaboration of an outline, the Group of Experts should proceed on
the basis of the preparation of a single comprehensive assessment;
320. Recalls the crucial importance of the Regular Process for ongoing ocean-
related intergovernmental processes and its possible inputs, including for the 2030
Agenda for Sustainable Development, 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, the United Nations
Framework Convention on Climate Change and the Informal Consultative Process,
as outlined in the programme of work for the period 2017–2020 for the second cycle
of the Regular Process;
321. Also recalls the importance of ensuring that assessments, such as those
included in the Global Sustainable Development Report and 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 also recalls the importance of
compatibility and synergies between such assessments and assessments at the
regional level;
322. Requests intergovernmental and non-governmental organizations to
provide information on recent and ongoing assessments and other processes at the
regional and global levels relevant to the Regular Process in order for the secretariat
to update the inventory of recent and ongoing assessments and other processes at the
regional and global levels relevant to the Regular Process;
323. Takes note of the guidance for contributors, part I, prepared by the Group
of Experts pursuant to paragraph 310 of resolution 71/257;124
324. Takes note with appreciation of the work undertaken thus far by the
secretariat in compiling a capacity-building inventory of needs and opportunities
__________________
122 Ibid., annex II.
123 Ibid., annex III.
124 See A/72/494, annex IV.
A/RES/72/73
Oceans and the law of the sea
17-21819
50/55
relevant for the Regular Process, in accordance with the programme of work, based
on information contributed by relevant United Nations system organizations, bodies,
funds and programmes and by relevant intergovernmental organizations;
325. Invites States and non-governmental organizations, as well as
intergovernmental organizations that have not already done so, to provide relevant
information for inclusion in the capacity-building inventory of needs and
opportunities relevant for the Regular Process being compiled and maintained by the
secretariat;
326. Recalls its invitation, in paragraph 313 of resolution 71/257, to the
Intergovernmental Oceanographic Commission, the United Nations Environment
Programme, the International Maritime Organization, the Food and Agriculture
Organization of the United Nations, the World Meteorological Organization and
relevant United Nations system organizations, bodies, funds and programmes, as
appropriate, to assist in the implementation of the second cycle of the Regular Process
with regard to the following activities: awareness-raising, the identification of experts
for the Pool of Experts, technical and scientific support for the Bureau and the Group
of Experts, hosting workshops and meetings of the writing teams, capacity-building
and the scoping process for the assessment;
327. Welcomes the adoption by the Assembly of the Intergovernmental
Oceanographic Commission at its twenty-ninth session, from 21 to 29 June 2017, of
decision IOC-XXIX/8.2, in particular regarding the provision of technical and
scientific support to the second cycle of the Regular Process in accordance with the
guidance of the Ad Hoc Working Group of the Whole;
328. Recalls its invitation, in paragraph 314 of resolution 71/257, to relevant
intergovernmental organizations to contribute, as appropriate, to the activities of the
second cycle;
329. Urges States, international financial institutions, donor agencies,
intergovernmental organizations, non-governmental organizations and natural and
juridical persons to make financial contributions to the voluntary trust fund125 and to
make other contributions to the Regular Process;
330. Requests the Secretary-General to convene, in 2018, two meetings of the
Ad Hoc Working Group of the Whole of no more than four days total duration, the
tenth meeting on 28 February and 1 March 2018 to approve the outline of the
assessment, and the eleventh meeting on 23 and 24 August 2018, with a view to
providing recommendations to the General Assembly at its seventy-third session on
the preparation of the assessment to be carried out in the second cycle and on the
implementation of the second cycle, and encourages the widest possible attendance
of participants in the Ad Hoc Working Group;
XIII
Regional cooperation
331. Notes with appreciation efforts and initiatives at the regional level, in
various regions, to further the implementation of the Convention and to 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;
__________________
125 See resolution 69/245, para. 278.
Oceans and the law of the sea
A/RES/72/73
51/55
17-21819
332. Invites States and international organizations to enhance their cooperation
to better protect the marine environment;
333. Notes 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;
334. Welcomes the adoption of the outcome document of the third International
Conference on Small Island Developing States, the SIDS Accelerated Modalities of
Action (SAMOA) Pathway126 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 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;
335. 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;
336. Acknowledges the important contributions to scientific understanding of
the marine environment and its resources, as well as the scientific advice for their
sustainable use, provided by the International Council for the Exploration of the Sea
in its wide-ranging cooperation with organizations at the regional level under the
Convention for the International Council for the Exploration of the Sea, 1964;127
337. 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;
338. 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;
339. Acknowledges relevant cooperation among the members of the Zone of
Peace and Cooperation of the South Atlantic;
340. Recalls the decision of the Assembly of the African Union in January 2015
to adopt Agenda 2063, also recalls that the African Union launched the Decade of
African Seas and Oceans (2015–2025), and notes that the African Day of the Seas and
Oceans is to be celebrated annually on 25 July;
341. 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 2014,128 following the comprehensive 10-year review of the
implementation of the Almaty Programme of Action: Addressing the Special Needs
__________________
126 Resolution 69/15, annex.
127 United Nations, Treaty Series, vol. 652, No. 9344.
128 Resolution 69/137, annex II.
A/RES/72/73
Oceans and the law of the sea
17-21819
52/55
of Landlocked Developing Countries within a New Global Framework for Transit
Transport Cooperation for Landlocked and Transit Developing Countries,129 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;
342. Also notes the efforts of the Sargasso Sea Commission, led by the
Government of Bermuda, to raise awareness of the ecological significance of the
Sargasso Sea;
343. Further notes the adoption of the Arctic Council Agreement on Enhancing
International Arctic Scientific Cooperation;
344. Notes the cooperation between the OSPAR Commission established by the
Convention for the Protection of the Marine Environment of the North-East Atlantic
and the North-East Atlantic Fisheries Commission;
XIV
Open-ended Informal Consultative Process on Oceans and the Law of the Sea
345. Welcomes the report of the Co-Chairs on the work of the Informal
Consultative Process at its eighteenth meeting, which focused on the theme of the
effects of climate change on oceans;4
346. 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 21,7 and that the perspective of the three pillars of sustainable development
should be further enhanced in the examination of the selected topics;
347. 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;
348. 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;
349. 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;
350. 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-third session;
__________________
129 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.
Oceans and the law of the sea
A/RES/72/73
53/55
17-21819
351. Requests the Secretary-General to convene, in accordance with
paragraphs 2 and 3 of resolution 54/33, the nineteenth meeting of the Informal
Consultative Process, in New York from 18 to 22 June 2018, to provide it with the
facilities necessary for the performance of its work, including documentation, and to
arrange for support to be provided by the Division, in cooperation with other relevant
parts of the Secretariat, as appropriate;
352. 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, international
financial
institutions,
donor
agencies,
intergovernmental
organizations,
non-governmental organizations and natural and juridical persons to make additional
contributions to the trust fund;
353. 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
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 352 above have been covered;
354. Recalls its decision that, in its deliberations on the report of the Secretary-
General on oceans and the law of the sea, the Informal Consultative Process shall
focus its discussions at its nineteenth meeting, in 2018, on the theme “Anthropogenic
underwater noise”;
XV
Coordination and cooperation
355. 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;
356. 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;
357. Encourages bodies established by the Convention to strengthen
coordination and cooperation, as appropriate, in fulfilling their respective mandates;
358. 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;
A/RES/72/73
Oceans and the law of the sea
17-21819
54/55
359. 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;
360. Recognizes the work undertaken by UN-Oceans, in particular the
inventory of mandates, 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 States, international financial institutions, donor agencies,
intergovernmental organizations, non-governmental organizations and natural and
juridical persons 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 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 areas
of collaboration and synergy, as well as for travel associated with the performance of
the functions of the focal point;
361. Decides to defer the review of the terms of reference for the work of
UN-Oceans until its seventy-third session;
XVI
Activities of the Division for Ocean Affairs and the Law of the Sea
362. 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;
363. Notes with satisfaction the ninth observance by the United Nations of
World Oceans Day in 2017,130 recognizes with appreciation the efforts deployed by
the Division in organizing its celebration in the context of the commemorative event
held during the United Nations Conference to Support the Implementation of
Sustainable Development Goal 14, 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;
364. 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 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 ensure the
allocation of appropriate resources to the Division for the performance of its activities
under the approved budget for the Organization;
365. 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;
__________________
130 By its resolution 63/111, the General Assembly designated 8 June as World Oceans Day.
Oceans and the law of the sea
A/RES/72/73
55/55
17-21819
XVII
Seventy-third session of the General Assembly
366. Requests the Secretary-General to prepare a report for consideration by the
General Assembly at its seventy-third 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 report on the topic that is the focus of the nineteenth meeting of the Informal
Consultative Process;
367. 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 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;
368. Notes that the reports referred to in paragraph 366 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;
369. 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 366 above,
requests the Secretary-General to continue to provide support to the consultations
through the Division, and invites States to submit text proposals for inclusion in the
resolution to the Coordinator of the informal consultations at the earliest possible
date;
370. Decides to include in the provisional agenda of its seventy-third session
the item entitled “Oceans and the law of the sea”.
64th plenary meeting
5 December 2017
▶ Cite this page
UN Project. “A/RES/72/73.” UN Project, https://un-project.org/votes/resolution/A-RES-72-73/. Accessed .