A/RES/76/72 GA
Oceans and the law of the sea : resolution / adopted by the General Assembly
76
Session
131
Yes
1
No
4
Abstentions
| Draft symbol | A/76/L.20 |
|---|---|
| Adopted symbol | A/RES/76/72 |
| Category | POLITICAL AND LEGAL QUESTIONS |
| Sponsors (5) | |
| P5 Positions |
|
| UN Document | A/RES/76/72 ↗ |
Vote Recorded Vote — A/76/PV.48
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Afghanistan
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Antigua and Barbuda
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Azerbaijan
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Bahamas
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Barbados
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Belize
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Benin
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Bhutan
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Burkina Faso
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Cabo Verde
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Central African Republic
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Comoros
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Congo
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Democratic People's Republic of Korea
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Democratic Republic of the Congo
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Dominica
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Equatorial Guinea
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Eritrea
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Eswatini
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Gambia
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Ghana
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Grenada
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India
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Islamic Republic of Iran
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Iraq
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Jordan
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Kenya
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Kyrgyzstan
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Lesotho
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Liberia
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Libya
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Malawi
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Mali
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Mauritania
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Nauru
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Niger
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Pakistan
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Papua New Guinea
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Rwanda
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Saint Kitts and Nevis
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Saint Lucia
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Saint Vincent and the Grenadines
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Samoa
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Seychelles
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Sierra Leone
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Solomon Islands
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South Africa
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South Sudan
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Sudan
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Syrian Arab Republic
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Tajikistan
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Tunisia
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Turkmenistan
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Uganda
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United Republic of Tanzania
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Uzbekistan
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Zambia
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Albania
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Algeria
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Andorra
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Angola
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Argentina
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Armenia
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Australia
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Austria
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Bahrain
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Bangladesh
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Belarus
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Belgium
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Plurinational State of Bolivia
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Bosnia and Herzegovina
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Botswana
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Brazil
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Brunei Darussalam
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Bulgaria
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Burundi
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Cambodia
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Cameroon
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Canada
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Chad
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Chile
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China
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Costa Rica
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Côte d'Ivoire
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Croatia
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Cuba
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Cyprus
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Czechia
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Denmark
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Djibouti
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Dominican Republic
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Ecuador
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Egypt
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Estonia
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Ethiopia
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Fiji
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Finland
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France ⚠
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Gabon
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Georgia
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Germany
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Greece
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Guatemala
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Guinea
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Guinea-Bissau
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Guyana
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Haiti
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Honduras
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Hungary
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Iceland
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Indonesia
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Ireland
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Israel ⚠
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Italy
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Jamaica
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Japan
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Kazakhstan
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Kiribati
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Kuwait
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Lao People's Democratic Republic
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Latvia
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Lebanon
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Liechtenstein
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Lithuania
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Luxembourg
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Madagascar
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Malaysia
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Maldives
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Malta
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Marshall Islands
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Mauritius
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Mexico
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Micronesia (Federated States of) ⚠
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Monaco
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Mongolia
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Montenegro
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Morocco
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Mozambique
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Myanmar
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Namibia
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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North Macedonia
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Norway
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Oman
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Palau
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Panama
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Paraguay
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Peru
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Philippines
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Poland
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Portugal
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Qatar
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Republic of Korea
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Moldova
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Romania
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Russian Federation
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San Marino
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Sao Tome and Principe
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Saudi Arabia
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Senegal
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Serbia
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Singapore
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Slovakia
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Slovenia
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Somalia
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Spain
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Sri Lanka
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Suriname
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Sweden
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Switzerland
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Thailand
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Timor-Leste
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Togo
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Tonga
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Trinidad and Tobago
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Tuvalu
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Ukraine
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland ⚠
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United States of America ⚠
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Uruguay
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Vanuatu
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Viet Nam
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Yemen
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Zimbabwe
Full text of resolution
United Nations
A/RES/76/72
General Assembly
Distr.: General
20 December 2021
21-18581 (E) 291221
*2118581*
Seventy-sixth session
Agenda item 78 (a)
Oceans and the law of the sea: oceans and the law of the sea
Resolution adopted by the General Assembly
on 9 December 2021
[without reference to a Main Committee (A/76/L.20 and A/76/L.20/Add.1)]
76/72. Oceans and the law of the sea
The General Assembly,
Reaffirming its annual resolutions on the law of the sea and on oceans and the
law of the sea, including resolution 75/239 of 31 December 2020, as well as other
relevant resolutions concerning the United Nations Convention on the Law of the Sea
(the Convention),1
Recalling, in this regard, resolution 72/249 of 24 December 2017 on an
international legally binding instrument under the Convention on the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction,
and decision 75/570 of 22 June 2021;
Taking into account the continuing situation concerning the coronavirus disease
(COVID-19) and the limitations recommended on meetings within the United Nations
premises as precautionary measures aimed at containing the spread of COVID-19,
Underscoring the importance of the work undertaken by the intergovernmental
conference to elaborate the text 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 reports of the Secretary-General,2 the report 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 the report on the work of the United
Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea
__________________
1 United Nations, Treaty Series, vol. 1833, No. 31363.
2 A/75/70, A/76/311 and A/76/311/Add.1.
3 A/76/391.
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(the Informal Consultative Process) at its twenty-first meeting,4 and the report of the
thirty-first Meeting of States Parties to the Convention,5
Noting with satisfaction the upcoming fortieth anniversary of the adoption of
the Convention by the Third United Nations Conference on the Law of the Sea on
30 April 1982 and the opening for signature of the Convention on 10 December 1982
at Montego Bay, Jamaica, and recognizing the pre-eminent contribution provided by
the Convention to the strengthening of peace, security, cooperation and friendly
relations among all nations in conformity with the principles of justice and equal
rights and to the promotion of the economic and social advancement of all peoples of
the world, in 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, 6
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”,7 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,
Recalling also the 2030 Agenda for Sustainable Development, 8 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
__________________
4 A/76/171.
5 SPLOS/31/9.
6 Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3−14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,
Sales No. E.93.I.8 and corrigendum), resolution 1, annex II.
7 Resolution 66/288, annex.
8 Resolution 70/1.
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2030 Agenda, which is important to the achievement of the Sustainable Development
Goals contained in the 2030 Agenda,
Recalling further 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
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 2017 United Nations
Conference to Support the Implementation of Sustainable Development Goal 14 to
the effective and timely implementation of Goal 14,
Recalling its decision to convene the high-level 2022 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 in Lisbon, from 27 June to 1 July 2022, to support the implementation
of Sustainable Development Goal 14,9
Recognizing paragraphs 64 and 65 of the Addis Ababa Action Agenda of the
Third International Conference on Financing for Development, adopted by the
Conference, which was held from 13 to 16 July 2015,10
Welcoming the ocean-related outcomes of the fourth session of the United
Nations Environment Assembly of the United Nations Environment Programme,
especially the resolutions on marine plastic litter and microplastics,11 on protection of
the marine environment from land-based activities,12 on sustainable management for
global health of mangroves, 13 on sustainable coral reefs management 14 and on
sustainable nitrogen management,15
Welcoming also the continued work of the International Maritime Organization
to implement the Action Plan to Address Marine Plastic Litter from Ships, 16 and
noting the establishment by the Joint Group of Experts on the Scientific Aspects of
Marine Environmental Protection of a working group on sea-based sources of marine
litter, led by the Food and Agriculture Organization of the United Nations and the
International Maritime Organization, and co-sponsored by the United Nations
Environment Programme,
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,
__________________
9 See decision 75/578.
10 Resolution 69/313, annex.
11 UNEP/EA.4/Res.6.
12 UNEP/EA.4/Res.11.
13 UNEP/EA.4/Res.12.
14 UNEP/EA.4/Res.13.
15 UNEP/EA.4/Res.14.
16 Marine Environment Protection Committee, document MEPC 73/19/Add.1, annex 10, resolution
MEPC.310(73).
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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
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, in 2019, carbon dioxide
levels in the atmosphere were at 410.5 plus or minus 0.2 parts per million, which
represents an increase of 2.6 parts per million, a relative increase of 0.64 per cent,
over the period 2018–2019, and the findings in its State of the Global Climate 2020
that the global mean temperature for 2020 was about 1.2 degrees Celsius above the
1850 to 1900 baseline, which places 2020 as one of the three warmest years on record
globally,
Noting with concern also that the World Meteorological Organization, in its
State of the Global Climate 2020, highlighted that the past decade, from 2010 to 2019,
was the warmest on record, and that the world also continued to see increasing ocean
heat content, rising sea levels, reaching its highest value on record in 2020, and
increasing concentrations of greenhouse gases, while ocean acidification continued
to increase and the cryosphere continued its contraction, with global sea ice shrinking,
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
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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 observed and 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 biological
diversity of areas beyond 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, 1974,17 ships on international
voyages are required to carry an electronic chart display and information system, in
accordance with the implementation schedule as set out in that Convention,
Recognizing that ocean data buoys deployed and operated in accordance with
international law are critical for improving understanding of weather, climate and
ecosystems, and that certain types of ocean data buoys contribute to saving lives by
detecting tsunamis, and reiterating its serious concern at intentional and unintentional
damage to such buoys,
Emphasizing that underwater archaeological, cultural and historical heritage,
including shipwrecks and watercraft, holds essential information on the history of
humankind and that such heritage is a resource that needs to be protected and
preserved,
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
biodiversity loss and 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
__________________
17 United Nations, Treaty Series, vol. 1184, No. 18961.
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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,18
Noting also that some coastal States may continue to face particular challenges
in relation to preparing and presenting submissions to the Commission,
Noting further that financial and technical assistance may be sought by
developing countries for activities in relation to preparing and presenting submissions
to the Commission, including additional information with respect to submissions and
revised or new submissions, including through the voluntary trust fund established by
the General Assembly in its resolution 55/7 of 30 October 200019 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,
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 significant 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),
__________________
18 Available from the web page of the Commission maintained by the Division for Ocean Affairs
and the Law of the Sea.
19 The terms of reference, guidelines and rules of the trust fund were amended by the General
Assembly in its resolutions 58/240, 70/235 and 73/124.
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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 decisions of the Meeting of States Parties to the Convention to request the
Commission to consider, in coordination with the secretariat, within the existing
resources made available to the Secretariat, that the Commission, and its
subcommissions meeting simultaneously as 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, distributed in such a way that the Commission determines to be the most
effective, and that no two sessions be sequential,20
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, twenty-sixth and
twenty-ninth Meetings of States Parties to the Convention regarding the conditions
of service of the members of the Commission,21
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,22
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,
resolution 71/257 of 23 December 2016, resolution 72/73 of 5 December 2017,
resolution 73/124 of 11 December 2018, resolution 74/19 of 10 December 2019 and
resolution 75/239, 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,
Reaffirming the cross-cutting role of ocean science in Sustainable Development
Goal 14 of the 2030 Agenda,
Reaffirming also its decision, in resolution 72/73, 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,
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
__________________
20 See SPLOS/229 and SPLOS/303.
21 See SPLOS/286, SPLOS/303 and SPLOS/29/9.
22 See Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and
corrigendum), chap. I, resolution 2, annex.
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2013, 69/245 of 29 December 2014, 70/235, 71/257, 72/73, 72/249, 73/124 and
75/239, 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 its functions as the secretariat of the
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,
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),23
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 the unified character of the Convention and the vital importance
of preserving its integrity;
2.
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;
3.
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);24
4.
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;
5.
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;
6.
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,
also notes the ongoing cooperation and progress achieved in the development by the
International Hydrographic Organization, in cooperation with the Division, of the
technical standards for the collection, storage and dissemination of the information
deposited, which are not legally binding, in order to ensure compatibility among
geographic information systems, electronic nautical charts and other systems, and
__________________
23 United Nations, Treaty Series, vol. 1836, No. 31364.
24 Ibid., vol. 2167, No. 37924.
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re-emphasizes the importance of the completion of these efforts through wide
participation and reviews by Member States;
7.
Also notes that the note on the practice of the Secretary-General in respect
of the deposit of charts and/or lists of geographical coordinates of points under the
Convention 25 was submitted by the Secretariat to the thirtieth Meeting of States
Parties to the Convention, in 2020, and that the Guidelines on deposit with the
Secretary-General of charts and lists of geographical coordinates of points under the
United Nations Convention on the Law of the Sea were prepared by the Secretariat;26
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 of the 2001
Convention on the Protection of the Underwater Cultural Heritage,27 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. 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;28
11. 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;
12. Also emphasizes the need to address the particular challenges faced by
developing middle-income countries through capacity-building;
13. Calls for capacity-building initiatives to take into account the needs of
developing countries, and calls upon States, international organizations and donor
agencies to make efforts to ensure the sustainability of such initiatives;
__________________
25 SPLOS/30/12.
26 Available at https://www.un.org/Depts/los/doalos_publications/publicationstexts/
DepositGuidelinesEnglish.pdf.
27 United Nations, Treaty Series, vol. 2562, No. 45694.
28 See www.un.org/Depts/los/general_assembly/TrustFunds.pdf.
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14. Recalls, in this regard, that, in “The future we want”, 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;
15. 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;
16. 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;
17. 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;
18. Calls upon States and international organizations, including through
bilateral, regional and global cooperation programmes, technical partnerships and
fellowships, 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 by, inter alia, training personnel to develop and
enhance relevant expertise, providing the necessary equipment, facilities and vessels
and transferring environmentally sound technologies, and taking into account the
need to improve capacities in the field of taxonomy;
19. 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;
20. 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;
21. Recognizes that promoting the voluntary transfer of technology is an
essential aspect of building capacity in marine science, encourages States to use the
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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;
22. 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;
23. Notes the international scientific cooperation through the Ocean
Acidification International Coordination Centre of the International Atomic Energy
Agency and within the Global Ocean Acidification Observing Network, and their
respective efforts in building scientific capacity for ocean acidification monitoring,
research and experimentation, including through the Pier2Peer scientific mentorship
programme;
24. 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;29
25. 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;
26. 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 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 Foundation for International Peace and the Rule of Law,
the Netherlands Institute for the Law of the Sea of Utrecht University, the Centre for
International Law of the National University of Singapore, and the University of New
Hampshire School of Marine Science and Ocean Engineering, which enjoys associate
sponsorship of the Korea Maritime Institute and the Ankara University National
Center for the Sea and Maritime Law and offers a prominent three-week summer
course annually in Rhodes, Greece, and has graduated 998 students from more than
120 countries;
27. 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 Tribunal;
28. Further recognizes with appreciation the important contribution of the
Korea Maritime Institute to the trust fund to support the internship programmes at the
Tribunal since 2011 and its continued efforts, in cooperation with the Ministry of
Oceans and Fisheries of the Republic of Korea, to provide education and training for
capacity-building of developing countries through the Yeosu Academy of the Law of
the Sea programme;
29. Recognizes the holding of the regional courses on the continental shelf in
Arusha, United Republic of Tanzania, jointly organized by the African Institute of
__________________
29 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.
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International Law and the University of the Faroe Islands, and their continuing
important contribution to capacity-building, particularly in developing countries;
30. Also 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;
31. Further 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, notes the role of the World Maritime University-Sasakawa Global
Ocean Institute, and urges States, intergovernmental organizations and other bodies
to make voluntary financial contributions to the University’s Endowment Fund;
32. Welcomes the efforts of the Tribunal in holding regional workshops,
including the latest workshop on the role of the Tribunal in the settlement of disputes
relating to the law of the sea for the Latin American region, held in Montevideo on
13 and 14 November 2019, in cooperation with the Government of Uruguay and the
Korea Maritime Institute;
33. Also 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;
34. 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;30
35. Also recognizes the need to build the capacity of developing States to raise
awareness of and support the implementation of improved waste management
practices, noting the particular vulnerability of small island developing States to the
impact of marine pollution of all kinds, in particular from land-based activities and
marine debris and nutrient pollution;31
36. 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;
__________________
30 United Nations, Treaty Series, vols. 2225, 2237, 2241 and 2326, No. 39574.
31 See 2012 Guidelines for the Development of a Regional Reception Facilities Plan, International
Maritime Organization, resolution MEPC.221(63).
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37. Encourages States to consider additional opportunities for capacity-
building at the regional level;
38. Takes note of the second edition of the Global Ocean Science Report of
the Intergovernmental Oceanographic Commission, which assesses the status of and
trends in ocean science capacity around the world;
39. Also takes note of the Capacity Development Strategy (2015–2023) of the
Intergovernmental Oceanographic Commission, 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 Global
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 and, in particular, its invitation to the Group of Experts in
decision IOC-XXX/11.1 to continue the assessment of the capacity development
needs of the Intergovernmental Oceanographic Commission member States and its
decision, in decision IOC/A-31/3.5.3, to include, in the revised terms of reference of
the Group of Experts, advising the Assembly on the Transfer of Marine Technology
Clearing House Mechanism as requested by the Intergovernmental Oceanographic
Commission Criteria and Guidelines on the Transfer of Marine Technology, making
use, to the largest extent possible, of existing data and information systems and
building upon the Ocean InfoHub project (2020–2023);
42. Takes note of the adoption by the Assembly of the Authority of the decision
to implement a programmatic approach to capacity development aimed at ensuring
the fully integrated participation of developing States in the activities undertaken in
the Area;32
43. 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;
44.
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
for the purpose 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, 33
in accordance with paragraph 31 of the terms of reference, guidelines and rules of the
trust fund, and also recognizes the need for assistance in the preparation of additional
__________________
32 ISBA/26/A/18.
33 See resolution 70/235, para. 37.
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information with respect to submissions and revised or new submissions and in
maintaining critical capacity during the period from the submission by a coastal
developing State of the particulars of the outer limits of its continental shelf beyond
200 nautical miles to the Commission up to the final stages of its examination by the
Commission;
45. Calls upon the Division to continue to disseminate information on relevant
procedures related to the trust fund established for the purpose of facilitating the
preparation of submissions to the Commission and to continue its dialogue with
potential beneficiaries with a view to providing financial support to developing
countries for activities to facilitate their submissions in accordance with the
requirements of article 76 of the Convention and with the Rules of Procedure 34 and
the Scientific and Technical Guidelines of the Commission;35
46. 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;
47.
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, as well as the support of the Division for
Member State implementation of the relevant parts of the 2030 Agenda for
Sustainable Development;
48. Notes with appreciation the joint implementation by the Division and the
United Nations Conference on Trade and Development of a project funded through
the United Nations Development Account to assist participating developing States in
developing evidence-based and policy-coherent oceans economy and trade strategies
and aimed at supporting participating developing States in realizing economic
benefits from the sustainable use of marine resources;
49. Also notes with appreciation the launch by the Division of the programmes
of assistance to meet the strategic capacity needs of developing States in the field of
ocean governance and the law of the sea, funded by the Norwegian Agency for
Development Cooperation;
50. Notes the partnership between the Division and the Intergovernmental
Oceanographic Commission on a training programme on marine scientific research
under the Convention, and encourages States, relevant international organizations and
other donors to consider supporting the initiative;
51. Invites the Secretary-General, in cooperation with Member States,
international
financial
institutions,
donor
agencies
and
intergovernmental
organizations, to endeavour to expand the capacity-building activities of the Division
in order to meet the increased need for assistance to developing States;
52. 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;
__________________
34 CLCS/40/Rev.1.
35 CLCS/11, CLCS/11/Corr.1, CLCS/11/Add.1 and CLCS/11/Add.1/Corr.1.
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53. 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 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; 36
54. 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 the financial state of the Fellowship remains critical and that
contributions are urgently needed to ensure that at least one fellowship can be awarded
annually, 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;
55.
Recognizes with appreciation the important contribution of the United
Nations-Nippon Foundation of Japan Fellowship Programme and the newer United
Nations-Nippon Foundation Sustainable Ocean Programme, which includes the
Critical Needs Fellowship, Thematic Fellowship and training programme to reinforce
capacity in the context of the intergovernmental conference on an international legally
binding instrument under the Convention on the conservation and sustainable use of
marine biological diversity of areas beyond national jurisdiction, to human resources
development for Member States, particularly 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;
56. 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;
III
Meeting of States Parties
57. Welcomes the report of the thirty-first Meeting of States Parties to the
Convention;
58. Requests the Secretary-General to continue to provide services to the
thirty-first Meeting of States Parties, including documentation, and to convene the
thirty-second Meeting of States Parties to the Convention from 13 to 17 June 2022,
with full conference services, including documentation, as required;
IV
Peaceful settlement of disputes
59.
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;
__________________
36 Resolutions 69/117, para. 8, 70/116, para. 4, 71/139, para. 7, 72/115, paras. 7–8, and 73/201, para. 7.
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60. 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;
61.
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;
62. 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;
63. Recalls the successful completion of the first compulsory conciliation
under annex V to the Convention, pursuant to section 3 of Part XV, which assisted the
parties in reaching agreement on a treaty establishing their maritime boundaries,37
and encourages States to consider all means to peacefully settle disputes in
accordance with international law;
V
The Area
64. 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;
65. Notes that the Authority approved the thirty-first plan of work for
exploration for polymetallic nodules during the twenty-sixth session of the Authority,38
and that, as at 15 June 2021, the Authority had entered into 15-year contracts with 19
contractors for exploration for polymetallic nodules, 7 contractors for exploration for
polymetallic sulphides and 5 contractors for exploration for cobalt-rich ferromanganese
crusts;39
66. Welcomes the progress of the work of the Authority on draft regulations
for exploitation of mineral resources in the Area, but also notes that the impact of
COVID-19 and the limitations recommended on meetings within its premises since
the first part of the twenty-sixth session of the Authority, held in February 2020,
affected the ability of the Council of the Authority to have substantive discussions on
the draft regulations and procedures necessary to facilitate the approval of plans of
work for exploitation in the Area pursuant to section 1, paragraph 15, of the annex to
the 1994 Part XI Agreement, and in this regard 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 the draft
regulations, and emphasizes the ongoing need for openness and transparency;
__________________
37 See A/73/368, para. 19.
38 See ISBA/26/C/27/Rev.1.
39 See ISBA/26/C/4.
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67. 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;40
68. Takes note of the public consultation organized in 2020 by one contractor
with regard to the environmental impact assessment submitted to the Authority, ahead
of a technical test in its contract area in the Central Indian Ocean Basin;
69. 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;
70. Welcomes the adoption by the Assembly, at the twenty-fifth session of the
Authority, of the high-level action plan and performance indicators developed for
each priority against each of the strategic directions in the strategic plan of the
Authority for the period 2019–2023, which provides a uniform basis for the
strengthening of existing working practices of the Authority;41
71. Also welcomes the public launch of the Authority database (DeepData),
which aims to serve as the principal repository of all data and information relating to
activities in the Area;
72. Notes the formal launch, in November 2020, of the International Seabed
Authority-China joint training and research centre;
73. Welcomes the adoption, by the Assembly, during the twenty-sixth session
of the Authority, of the decision to name the museum of the International Seabed
Authority in honour of Nii Allotey Odunton, the second Secretary-General of the
Authority;42
74. 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;43
75. Welcomes the efforts of the Authority to make progress on the development
of regional environmental management plans in other priority areas in the Area, in
particular where there are currently exploration contracts;44
VI
Effective functioning of the Authority and the Tribunal
76. Commends the progress in the work of the Authority;
77. Also commends the work of the Tribunal since its establishment;
78. 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;
79. 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
__________________
40 See ISBA/17/A/9.
41 See ISBA/25/A/15 and ISBA/25/A/15/Corr.1.
42 See ISBA/26/A/15.
43 See ISBA/23/A/2.
44 See ISBA/26/C/10.
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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; 45
80. Notes that there remains room for improvement in the level of attendance
at the Assembly, and urges all members of the Authority to participate in the meetings
of the Assembly;
81. Notes the adoption by the Council, during the twenty-sixth session of the
Authority, of the decision, on an exceptional basis, owing to the unprecedented
circumstances arising as a result of the COVID-19 pandemic and without prejudice
to article 163 of the Convention and without constituting a precedent, either for the
Commission or for other organs of the Authority with elected members, to extend by
one year the terms of office of the current members of the Legal and Technical
Commission,46 and the adoption by the Assembly of the decision, on an exceptional
basis, owing to the unprecedented circumstances arising from the COVID-19
pandemic and without prejudice to section 9 of the annex to the Part XI Agreement
and without constituting a precedent, either for the Finance Committee or for other
organs of the Authority with elected members, to extend by one year the terms of
office of the current members of the Finance Committee;47
82. Expresses its appreciation to the donors that have made contributions to
the voluntary trust funds of the Authority, and encourages Member States, observers,
contractors and other stakeholders to contribute financially to these trust funds;48
83.
Notes with serious concern the depleted balance of the voluntary trust fund
established pursuant to the decision of the Authority at its eighth session 49 for the
purpose of defraying the cost of participation of members of the Legal and Technical
Commission from developing countries and members of the Finance Committee from
developing countries in the meetings of the Commission and of the Committee, notes
the appeals to members and other possible donors to make contributions to that fund,
and to contractors to consider making a payment of 6,000 United States dollars on a
voluntary basis, and expresses its appreciation to those that have made contributions
to the voluntary trust fund;50
84. Expresses its appreciation 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,51 for the purpose of promoting and encouraging the conduct of
collaborative marine scientific research in the Area, and encourages States, observers,
contractors and other stakeholders to make additional contributions to this fund;52
85. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 53 and to the
Protocol on the Privileges and Immunities of the Authority;54
86. Emphasizes the importance of the rules and staff regulations of the
Tribunal in promoting the recruitment of a geographically representative staff in the
__________________
45 See ISBA/26/A/19.
46 See ISBA/26/C/30.
47 See ISBA/26/A/23.
48 See ISBA/26/A/19.
49 See ISBA/8/A/11.
50 See ISBA/26/A/19.
51 See ISBA/12/A/11.
52 See ISBA/26/A/19.
53 United Nations, Treaty Series, vol. 2167, No. 37925.
54 Ibid., vol. 2214, No. 39357.
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Professional and higher categories, and welcomes the actions taken by the Tribunal
in observance of those rules and regulations;
87. 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;
VII
The continental shelf and the work of the Commission
88. 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;
89. 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;
90. 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);
91.
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,55 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;
92. Further notes with satisfaction the progress in the work of the
Commission56 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;
93. Takes note of the 35 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;
94. 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;
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55 See SPLOS/183.
56 See CLCS/51/1, CLCS/52/2 and CLCS/52/2/Corr.1.
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95. 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;
96. Takes note with appreciation of the decision of the Commission at its
forty-fourth session to continue, during its five-year term of office, to meet for a total
of 21 weeks per year by holding three sessions of seven weeks each, and that no two
sessions would be sequential,57 and further notes that more than nine subcommissions
are actively considering submissions;
97. Takes note of the decision of the thirty-first Meeting of States Parties to
the Convention to extend the term of office of the current members of the Commission
by one year, such that it will expire on 15 June 2023, on an exceptional basis, owing
to the unprecedented circumstances arising as a result of the COVID-19 pandemic,
and without prejudice to article 2, paragraph 4, of annex II to the Convention, and
without constituting a precedent, either for the Commission or for other bodies of the
Convention or the United Nations with elected members;58
98. 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;
99. 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;
100. 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-first and twenty-
sixth Meetings of States Parties to the Convention;
101. 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;
102. Expresses its appreciation to States that have made contributions to the
voluntary trust fund established pursuant to resolution 55/7 for the purpose of
facilitating the preparation of submissions to the Commission, and encourages States,
international financial institutions, donor agencies, intergovernmental organizations,
non-governmental organizations and natural and juridical persons to make additional
contributions to this fund;
103. Notes that the Meeting of States Parties to the Convention, in its decisions
regarding the conditions of service of the members of the Commission, 59 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
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57 See CLCS/100.
58 See SPLOS/31/10.
59 SPLOS/276 and SPLOS/286.
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those experts in the work of the Commission, including the meetings of
subcommissions, in accordance with the Convention;
104. Also notes the request of the thirty-first Meeting of States Parties to the
Convention that the consideration of the conditions of service of the members of the
Commission continue within the open-ended working group established by the
twenty-third Meeting of States Parties to the Convention, including by considering
means to create incentives for States to make contributions to the voluntary trust fund,
for consideration by the thirty-second Meeting of States Parties in 2022,60 and notes
the comprehensive study prepared by the Secretariat on possible options to address
the working conditions of the Commission,61 to assist the Meeting of States Parties in
its consideration of this matter;
105. Emphasizes the importance of the voluntary trust fund 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
expresses its appreciation to States that have made contributions to this trust fund;
106. Reiterates its serious concern that the chronic underfunding of the trust
fund referred to in paragraph 105 above may preclude the Commission from
advancing its work as a result of the potential lack of a quorum at future sessions, and
may prevent it from further implementing the decision of the twenty-sixth Meeting
of States Parties that requested the Commission to meet for up to 26 weeks, and urges
States, international financial institutions, donor agencies, intergovernmental
organizations, non-governmental organizations and natural and juridical persons to
make additional contributions to this fund;
107. Authorizes the use, as appropriate, of the trust fund referred to in paragraph
105 above, and in accordance with the purpose of its terms of reference, to defray the
cost of the participation of the Chair of the Commission, when nominated by a
developing country, in the Meetings of States Parties to the Convention;
108. Notes the challenges faced by the Commission during the COVID-19
pandemic in continuing its work by means other than in-person sessions at United
Nations Headquarters, raised in the addenda to the letter dated 13 April 2020 from the
Chair of the Commission addressed to the President of the thirtieth Meeting of States
Parties,62 including that not all members of the Commission have adequate conditions
for full participation in remote work, including for secure online deliberations on
submission material, especially in terms of access to secure equipment and to
adequate broadband Internet connection, renews its request to the Secretariat, in
consultation with Member States, including through the relevant working group of
the Meeting of States Parties, to assist the Commission to assess the feasibility and
explore options, while taking into account security requirements, to enable members
of the Commission to remotely participate in the work of the Commission and its
subcommissions, with the consent of the submitting States concerned, and without
affecting the current order of the list of submissions, and decides to consider the use
of the voluntary trust funds to facilitate temporarily, as long as the COVID-19
pandemic prevents the Commission from meeting in New York, the virtual
participation of members of the Commission from developing States and members of
delegations from submitting developing States in the work of the Commission and its
subcommissions, should options be identified to enable such virtual participation,
provided that the relevant security requirements, including the rules on confidentiality
contained in the Rules of Procedure of the Commission, can be met;
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60 See SPLOS/31/9.
61 SPLOS/30/11.
62 SPLOS/30/10/Add.1, SPLOS/30/10/Add.2, SPLOS/30/10/Add.3 and SPLOS/30/10/Add.4.
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109. 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, twenty-eighth, twenty-ninth and thirty-first Meetings of States Parties to the
Convention;
110. Recalls its decision that, on an exceptional basis and without setting a
precedent for other agenda items, the members of the Commission have the option to
join the Headquarters medical insurance scheme upon payment of the full cost of the
premium, and hereby authorizes the use of the trust fund referred to in paragraph 105
above by the Secretary-General to reimburse the full costs of the premium paid by
the members of the Commission from developing States, subject to the availability of
funds 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 during the annual insurance coverage
period (1 July–30 June);
111. Authorizes the Secretary-General, in case the full costs of the Headquarters
medical insurance scheme have not been reimbursed, as an interim measure and
subject to the availability of funds 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 2022, to
reimburse those members for the costs of medical travel insurance and short-term
medical 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;
112. Expresses its intention to continue to consider options for mechanisms to
provide medical insurance coverage to members of the Commission and, if necessary, to
further review the terms of reference for the trust fund referred to in paragraph 105 above;
113. 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;
114. Approves the convening by the Secretary-General of the fifty-fourth, fifty-
fifth and fifty-sixth sessions of the Commission, in New York, from 24 January to
11 March 2022, from 5 July to 19 August 2022 and from 5 October to 22 November
2022, respectively, with full conference services, including documentation, for the
plenary parts of these sessions,63 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;
115. 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
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63 From 31 January to 4 February 2022 and from 28 February to 4 March 2022 during the fifty-
fourth session, and from 25 to 29 July 2022 and from 8 to 12 August 2022 during the fifty -fifth
session.
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States in relevant proceedings concerning their submissions, and recognizes the
continued need for active interaction between coastal States and the Commission;
116. Expresses its appreciation to States that have exchanged views in order to
increase understanding of issues, including expenditures involved, arising from the
application of article 76 of the Convention, thus facilitating the preparation of
submissions by States, in particular developing States, to the Commission, and
encourages States to continue to exchange views;
117. 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
118. 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;
119. 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;
120. 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 development and strengthening of capacity-building activities
and the provision of knowledge and skills through the required education and training,
promoted in particular by the International Maritime Organization in collaboration
with other relevant international organizations and agencies, as appropriate;
121. 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;
122. Welcomes the consideration by the International Maritime Organization of
the fair treatment of seafarers, 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, and welcomes the provision on shore
leave, which entered into force on 1 January 2018, in the Convention on Facilitation
of International Maritime Traffic;64
123. Notes the theme for the 2021 World Maritime Day, “Seafarers: at the core
of shipping’s future”;
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64 United Nations, Treaty Series, vol. 591, No. 8564.
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124. Invites States that have not yet done so to become parties to the
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978,65 as amended, and the International Convention on Standards of
Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;
125. Encourages States that have not yet done so to consider becoming parties
to the Work in Fishing Convention, 2007 (No. 188), the Seafarers’ Identity Documents
Convention (Revised), 2003 (No. 185) 66 and the Protocol to the Forced Labour
Convention, 1930 (No. 29) of the International Labour Organization, as well as to the
Maritime Labour Convention, 2006,67 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;
126. 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;
127. Recalls in this regard the call by the Ministerial Conference on Fishing
Vessel Safety and Illegal, Unreported and Unregulated Fishing, held in October 2019
in Torremolinos, Spain, to those States that have not yet become parties to the Cape
Town Agreement, whose entry into force would create a more robust International
Maritime Organization regulatory framework for the safety of fishing vessels and
fishing vessel personnel, to consider doing so by the tenth anniversary of its adoption
on 11 October 2022;
128. 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;
129. Recalls its resolution 75/17 of 1 December 2020 on international
cooperation to address challenges faced by seafarers as a result of the COVID-19
pandemic to support global supply chains, and notes the adoption by the International
Labour Organization on 8 December 2020 of a resolution concerning maritime labour
issues and the COVID-19 pandemic, 68 and the adoption by the Maritime Safety
Committee of the International Maritime Organization on 14 May 2021 of resolution
MSC.490(103) on recommended action to prioritize COVID-19 vaccination of
seafarers;69
130. Notes that, in its resolution A.1117(30) of 6 December 2017, the Assembly
of the International Maritime Organization revised the International Maritime
Organization ship identification number scheme to expand its voluntary application
to a wider scope of vessels with a view to enhancing maritime safety and pollution
prevention and to facilitate the prevention of maritime fraud;
131. 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;
132. 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
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65 Ibid., vol. 1361, No. 23001.
66 Ibid., vol. 2304, No. 41069.
67 Ibid., vol. 2952, No. 51299.
68 International Labour Organization, document GB.340/Resolution (Rev.2).
69 International Maritime Organization, document MSC 103/21/Add.1 Annex 15.
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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 activities related to maritime security under the twenty-eighth
Association of Southeast Asian Nations (ASEAN) Regional Forum, held on 6 August
2021;
133. Welcomes the adoption, in Lomé on 15 October 2016, 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 (Lomé Charter), and encourages African Member States of the
United Nations that have not yet done so to consider ratifying this Charter to facilitate
its entry into force;
134. 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;
135. 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;
136. 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
excellence within its purpose and mandate, and notes the Maritime Domain
Awareness for Trade – Gulf of Guinea mechanism, the United Kingdom Maritime
Trade Operations covering the high-risk area, the Regional Maritime Information
Fusion Centre, based in Madagascar, and the Regional Maritime Centre for
Operational Coordination in Seychelles;
137. 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;
138. 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;
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139. 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, fishers and passengers who are victims of pirates, after their release from
captivity, including their post-incident care and reintegration into society;
140. Notes the compilation of national legislation on piracy on the website of
the Division, and encourages the United Nations Office on Drugs and Crime and the
Division to continue to cooperate with the International Maritime Organization with
a view to assisting Member States, upon request, in developing their national laws on
piracy;
141. 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;
142. 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;
143. 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; 70
144. 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
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 2608 (2021) of
3 December 2021, as well as the statements by the President of the Council of
25 August 201071 and of 19 November 2012,72 also notes that the authorization in
resolution 2608 (2021) and relevant resolutions 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;
145. 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, including at its twenty-third plenary session, chaired by Kenya,
in December 2020, and commends the contributions of all States in the efforts to fight
piracy off the coast of Somalia;
146. 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
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70 See S/2013/623, paras. 11–13, and S/2014/740, para. 10.
71 S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July
2011 (S/INF/66).
72 S/PRST/2012/24; see Resolutions and Decisions of the Security Council, 1 August 2012–31 July
2013 (S/INF/68).
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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;
147. 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;
148. Notes 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;
149. Encourages States to ensure that ships flying their flag apply ship security
measures approved in accordance with national and international law;
150. Notes the efforts made by the shipping industry to cooperate with the
efforts by States regarding piracy off the coast of Somalia, in particular in assisting
ships that navigate in that area, and recalls the adoption on 30 November 2011 by the
Assembly of the International Maritime Organization of resolution A.1044(27) on
piracy and armed robbery against ships in waters off the coast of Somalia;
151. 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;
152. 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, 73 supports the recent
efforts to address this problem at the global and regional levels, including the
adoption of resolution MSC.489(103) on recommended action to address piracy and
armed robbery in the Gulf of Guinea, by the Maritime Safety Committee of the
International Maritime Organization at its 103rd session,74 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
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73 S/PRST/2016/4; see Resolutions and Decisions of the Security Council, 1 August 2015–31 December
2016 (S/INF/71).
74 International Maritime Organization, document MSC 103/21/Add.1 Annex 9.
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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;
153. Urges States to ensure the full implementation of resolution A.1069(28) of
29 November 2013 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;
154. 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
Navigation75 and the Protocol for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms Located on the Continental Shelf,76 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 Navigation77 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,78 and urges States parties
to take appropriate measures to ensure the effective implementation of those
instruments through the adoption of legislation, where appropriate;
155. 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,79 and to work with the International Maritime Organization to
promote safe and secure shipping while ensuring freedom of navigation;
156. 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;
157. 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 twelfth Cooperation Forum, in Indonesia on
30 September and 1 October 2019, the twelfth Project Coordination Committee
Meeting, in Indonesia on 4 October 2019, the forty-fourth Tripartite Technical Experts
Group Meeting in Indonesia on 2 and 3 October 2019 and the twenty-fourth Aids to
Navigation Fund Committee Meeting, by videoconference on 19 November 2020,
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;
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75 United Nations, Treaty Series, vol. 1678, No. 29004.
76 Ibid.
77 International Maritime Organization, document LEG/CONF.15/21.
78 International Maritime Organization, document LEG/CONF.15/22.
79 International Maritime Organization, documents SOLAS/CONF.5/32 and SOLAS/CONF.5/34,
and document MSC 81/25/Add.1, annex 2, resolution MSC.202(81), introducing the long-range
identification and tracking of ships system.
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158. 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;
159. 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;
160. 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 and the Protocols thereto;
161. 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, 80 the United Nations
Convention against Corruption 81 and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora,82 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
afforded under the United Nations Convention against Transnational Organized
Crime to prevent and combat transnational organized crime;
162. 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;
163. 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;
164. 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
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80 United Nations, Treaty Series, vol. 2225, No. 39574.
81 Ibid., vol. 2349, No. 42146.
82 Ibid., vol. 993, No. 14537.
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Crime,83 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, 84 and the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized
Crime,85 and to take appropriate measures to ensure their effective implementation;
165. 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;
166. 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;
167. 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;
168. 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, 86 to implement the
Code of International Standards and Recommended Practices for a Safety
Investigation into a Marine Casualty or Marine Incident, 87 which took effect on
1 January 2010, and, in particular, to comply with the mandatory conduct of a marine
safety investigation into very serious marine casualties and submission of a marine
safety investigation report to the International Maritime Organization to identify
trends and develop knowledge and risk-based recommendations;
169. Takes note of International Maritime Organization resolution A.1091(28) of
4 December 2013 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;
170. 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;
171. 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, the International Hydrographic Organization and the International
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83 Ibid., vol. 2241, No. 39574.
84 Ibid., vol. 2326, No. 39574.
85 Ibid., vol. 2237, No. 39574.
86 International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).
87 International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution MSC.255(84).
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Maritime Organization for the enhancement of these services and their extension to
the Arctic region;
172. 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;
173. Also encourages States to ensure effective implementation of the
International Maritime Dangerous Goods Code, the International Maritime Solid Bulk
Cargoes Code, the International Code for the Construction and Equipment of Ships
carrying Liquefied Gases in Bulk and the International Code for the Construction and
Equipment of Ships carrying Dangerous Chemicals in Bulk;
174. 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;
175. Acknowledges, in the context of paragraph 174 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;
176. Invites States that have not yet done so to consider becoming parties to the
Nairobi International Convention on the Removal of Wrecks, 2007;88
177. 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;
178. Calls upon States to ensure that masters on ships flying their flag take the
steps required by relevant instruments89 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 Rescue90 and to the International Convention for the Safety of
Life at Sea91 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; 92
179. Urges all States to cooperate with each other in inquiries relating to
incidents of oil spills at sea, in line with relevant international law, including as
reflected in article 94 of the Convention, and for this purpose to share, when requested
by the affected coastal State in the context of such inquiries, any available information
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88 International Maritime Organization, document LEG/CONF.16/19.
89 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.
90 International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).
91 International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution MSC.153(78).
92 International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).
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on the maritime traffic of ships that fly their flags and that sailed in the impacted
maritime areas;
180. 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; 93
181. 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, underscores 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
emphasizes in particular the importance of full respect for the principle of
non-refoulement in accordance with applicable international law;
182. 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 Maritime Safety Committee of the
International Maritime Organization in its resolution MSC.448(99) of 24 May 2018
and by the Facilitation Committee of that Organization in its resolution FAL.13(42)
of 8 June 2018;
183. Calls upon States to continue to cooperate in developing comprehensive
approaches to international migration and development, including through dialogue
on all their aspects;
184. 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;
185. 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;
186. 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;
187. Affirms the importance of maintenance, including the repair, of submarine
cables, undertaken in conformity with international law, as reflected in the Convention;
188. 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
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93 United Nations, Treaty Series, vol. 1405, No. 23489.
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surveys and issue certificates on their behalf, taking into account the Code for
Recognized Organizations;94
189. 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;
190. Notes the ongoing work of the International Maritime Organization on
measures to prevent the fraudulent registration and fraudulent registries of ships;
191. 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;
192. 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 being
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) as the audit
standard;95
193. Encourages States and competent international organizations and bodies
to support the effective implementation of the requirements of the International Code
for Ships Operating in Polar Waters (Polar Code), adopted by the International
Maritime Organization 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,96 including
relevant requirements of the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended; 97
194. Notes the ongoing work of the International Maritime Organization on
matters related to passenger ship safety, and encourages States and competent
international organizations and bodies to support continued efforts, including
technical cooperation activities, to improve passenger ship safety;
195. 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
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94 International Maritime Organization, resolutions MSC.349(92) and MEPC.237(65).
95 See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28),
A.1068(28) and A.1070(28).
96 International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution
MEPC.203(62).
97 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)).
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International Maritime Organization Global Integrated Shipping Information
System,98 including among safety and security sectors;
196. 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;
197. Notes with appreciation the important contribution of the International
Association of Marine Aids to Navigation and Lighthouse Authorities to the
improvement and harmonization of marine aids to navigation for the reduction of
marine accidents, increased safety of life and property at sea and the protection of the
marine environment, and in this regard notes the adoption on 28 February 2020 of the
Convention on the International Organization for Marine Aids to Navigation, at the
diplomatic conference held in Kuala Lumpur from 25 to 28 February 2020, which
was opened for signature in Paris on 27 January 2021 and is open for signature for a
period of one year;
IX
Marine environment and marine resources
198. 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;
199. Calls upon States to implement the 2030 Agenda, 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;
200. 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;99
201. 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;
202. 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;
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98 International Maritime Organization, Assembly resolutions A.1029(26) and A.1074(28).
99 Resolution 71/312, annex.
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(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 United Nations Millennium
Declaration,100 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 101 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;
203. 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;
204. Acknowledges the request by the United Nations Environment Assembly
at its second session, in paragraph 6 of its resolution 2/10 of 27 May 2016, 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;102
205. Encourages States, directly or through competent international organizations,
to consider the further development and application, as appropriate and consistent
with international law, including the Convention, of environmental impact assessment
processes covering planned activities under their jurisdiction or control that may
cause substantial pollution of or significant and harmful changes to the marine
environment, and also encourages the communication of the reports of the results of
such assessments to the competent international organizations in accordance with the
Convention;
206. Notes with concern the impacts of climate change on the oceans and the
cryosphere, to which low-lying islands, in particular small island developing States,
coasts and coastal communities are particularly exposed;
207. Also notes with concern the findings of the Intergovernmental Panel on
Climate Change in its successive reports, and in this regard refers in particular to its
special report entitled The Ocean and Cryosphere in a Changing Climate, as well as
the summary for policymakers, which was accepted by the Intergovernmental Panel
at its fifty-first session on 23 September 2019, and the 2021 report of its Working
Group I on the physical science basis of climate change, which was accepted by the
Intergovernmental Panel at its fifty-fourth session on 6 August 2021;
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100 Resolution 55/2.
101 United Nations, Treaty Series, vol. 1760, No. 30619.
102 See Official Records of the General Assembly, Seventy-first Session, Supplement No. 25
(A/71/25), annex.
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208. 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;
209. Takes note of the findings of reports of the Intergovernmental Panel on
Climate Change, including its Special Report on Global Warming of 1.5°C, that
increasing warming amplifies the exposure of small islands, low-lying coastal areas
and deltas to the risks associated with sea level rise;
210. Also takes note of the decision by the International Law Commission at its
seventy-first session to include the topic “Sea-level rise in relation to international
law” in its programme of work, and notes the ongoing work of the open-ended Study
Group in that regard;103
211. Notes the discussions at the twenty-first meeting of the Informal
Consultative Process, held from 14 to 18 June 2021, on the theme “Sea level rise and
its impacts”, which, inter alia, focused on the characterization and extent of sea level
rise, including regional variability, and its environmental, social and economic
impacts, highlighted the urgency of sea level rise and the impacts of the increasing
frequency of extreme weather events for small island developing States and coastal
States including low-lying coastal areas, discussed the various mitigation and
adaptation responses, urging that measures be taken urgently and stressing possible
challenges such as their cost, data gaps and challenges for modelling and monitoring
sea level rise, stressed the importance of the science-policy interface and cooperation
at all levels and with all stakeholders, the relevance of traditional and local
knowledge, of the ocean-climate nexus and of the legal dimension, while noting that
delegations looked forward to engaging in, and do not want to prejudge, the work of
appropriate forums on legal matters related to sea level rise, and the need for
international cooperation and coordination, capacity-building, national planning
processes, and financing;104
212. Also notes the eighteenth meeting of the Informal Consultative Process in
2017, 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;105
213. Welcomes the Paris Agreement 106 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 107 that have
not yet done so to deposit their instruments of ratification, acceptance, approval or
accession, as appropriate, as soon as possible, notes the entry into force of the
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103 Ibid., Seventy-fourth Session, Supplement No. 10 (A/74/10); and ibid., Seventy-sixth Session,
Supplement No.10 (A/76/10).
104 See A/76/171.
105 See A/72/95.
106 See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex.
107 United Nations, Treaty Series, vol. 1771, No. 30822.
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Doha amendment108 to the Kyoto Protocol109 on 31 December 2020, and recognizes
the importance of raising awareness of the adverse impact of climate change on the
marine environment, marine biodiversity and sea level;
214. Also welcomes, in this regard, the convening of the twenty-sixth session
of the Conference of the Parties to the United Nations Framework Convention on
Climate Change, the sixteenth session of the Conference of the Parties serving as the
Meeting of the Parties to the Kyoto Protocol and the third session of the Conference
of the Parties serving as the Meeting of the Parties to the Paris Agreement in Glasgow,
United Kingdom of Great Britain and Northern Ireland, from 31 October to
13 November 2021;
215. 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 and the Intergovernmental Oceanographic
Commission with the advice of the Joint WMO-IOC Collaborative Board,110 to assist
States in improving forecasting, including impact-based forecasting, of such events
and its application in multi-hazard early warning systems and risk management under
a more integrated approach to addressing the impacts of flooding types from multiple
sources and severe weather;111
216. Also notes with concern the approximately 30 per cent increase in the
acidity of ocean surface waters since the beginning of the industrial era112 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;
217. 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;
218. Recognizes the attention paid to ocean acidification at the fourteenth,
eighteenth and nineteenth meetings of the Informal Consultative Process, in 2013,
2017 and 2018, respectively, and commits itself to continue to pay attention to this
important issue, including by taking into account the first and second World Ocean
Assessments (World Ocean Assessment I and II), the ongoing work of the Ocean
Acidification International Coordination Centre of the International Atomic Energy
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108 FCCC/KP/CMP/2012/13/Add.1, decision 1/CMP.8.
109 United Nations, Treaty Series, vol. 2303, No. 30822.
110 Established through World Meteorological Organization resolution 9 (Cg-18) and
Intergovernmental Oceanographic Commission resolution XXX-2, which also disbanded the
Joint WMO-IOC Technical Commission for Oceanography and Marine Meteorology.
111 See World Meteorological Organization resolution 15 (Cg-18).
112 As stated in the 2013 report of Working Group I of the Intergovernmental Panel on Climate
Change on the physical science basis of climate change.
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Agency and the scientific cooperation fostered by the Global Ocean Acidification
Observing Network;
219. 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,113 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 Diversity, 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;
220. 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;
221. 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;
222. 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
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,114 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;
223. 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;
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113 See World Meteorological Organization resolution 46 (Cg 17).
114 A/51/116, annex II.
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224. Notes the discussions at the seventeenth meeting of the Informal
Consultative Process, in 2016, 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;115
225. 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,
its report entitled Guidelines for the Monitoring and Assessment of Plastic Litter in
the Ocean, and the report of the Executive Director of the United Nations Environment
Programme entitled From Pollution to Solution: A Global Assessment of Marine Litter
and Plastic Pollution, launched on 21 October 2021;
226. Notes that the UNEP Frontiers 2016 Report identifies microplastics as one
of six key emerging environmental issues, further notes that the sixth Global
Environment Outlook stresses, inter alia, the urgency of addressing ocean plastic
pollution and the proven adverse impacts of microplastics to marine ecosystems, and
calls upon States to implement resolution 4/6 on marine plastic litter and microplastics,
adopted by the United Nations Environment Assembly of the United Nations
Environment Programme at its fourth session, held in Nairobi from 11 to 15 March
2019;116
227. Welcomes the request by the United Nations Environment Assembly, in
paragraph 2 of its resolution 4/6, to the Executive Director of the United Nations
Environment Programme, subject to the availability of resources and benefiting from the
work of existing mechanisms, to immediately strengthen scientific and technological
knowledge with regard to marine litter, including marine plastic litter and microplastics;
228. Acknowledges the decision of the United Nations Environment Assembly,
in paragraph 7 of its resolution 4/6, to extend the mandate of the ad hoc open-ended
expert group on marine litter and microplastics, and the call by the expert group in
the Chair’s summary of the work of the expert group for all member States and
stakeholders to recognize the magnitude and urgency of this issue, seriously consider
the options identified by the expert group and work cooperatively towards the fifth
session of the United Nations Environment Assembly;117
229. 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,
__________________
115 See A/71/204.
116 UNEP/EA.4/Res.6.
117 See UNEP/AHEG/4/7, annex.
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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, 118 in particular the adoption by the Conference of the Parties to that
Convention at its twelfth meeting of resolution 12.20 on the management of marine
debris, and notes the work of the International Whaling Commission on assessing the
impacts of marine debris on cetaceans;
230. 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;
231. 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 programmes for marine debris and to develop
and implement environmentally sound options for recovery programmes, as well as
to raise awareness of the issue of marine debris and the need to consider
environmentally sound options for its removal;
232. Notes the activities carried out by organizations at the regional level to
develop and implement regional action plans and other joint prevention and recovery
programmes for marine debris, and further notes in this regard the Regional Action
Plan on Marine Litter in the Arctic, adopted at the twelfth ministerial meeting of the
Arctic Council in Reykjavik on 20 May 2021, and the ASEAN Regional Action Plan
for Combating Marine Debris in the ASEAN Member States, launched on 28 May
2021;
233. Also notes the work done under the Asia-Pacific Economic Cooperation
framework to share best practices, enable innovative waste management financing
and encourage public-private partnerships in order to prevent and reduce marine
debris, including the outcomes of the 2020 workshop hosted by Indonesia on
“Capacity Building on Global Marine Debris Monitoring and Modeling: Supports
Protection of the Marine Environment”, and the publication of the Update of the 2009
APEC Report on Economic Costs of Marine Debris to APEC Economies for the Asia-
Pacific Economic Cooperation Oceans and Fisheries Working Group in March 2020;
234. Welcomes the ongoing work of the members of the Group of 20 on the
“Osaka Blue Ocean Vision”, which aims to reduce additional pollution by marine
plastic litter to zero by 2050, and calls upon other members of the international
community to also share the vision;
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118 United Nations, Treaty Series, vol. 1651, No. 28395.
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235. 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;
236. 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;
237. Encourages States that have not yet done so to consider ratifying or
acceding to the International Convention for the Control and Management of Ships’
Ballast Water and Sediments, 2004, 119 and also encourages States to consider
implementing the Guidelines for the control and management of ships’ biofouling to
minimize the transfer of invasive aquatic species, adopted by the International
Maritime Organization in resolution MEPC.207(62) of 15 July 2011;
238. 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, 120 welcomes the
adoption by the Marine Environment Protection Committee of an action plan to
address marine plastic litter from ships, 121 and encourages the International Maritime
Organization to continue working on the prevention of pollution from ships;
239. Also notes that the global limit of 0.50 per cent on sulphur in fuel oil under
annex VI to the International Convention for the Prevention of Pollution from Ships
entered into force on 1 January 2020, encourages States that have not yet done so to
become parties to the Protocol of 1997 (annex VI – Regulations for the Prevention of
Air Pollution from Ships) to the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as
amended, and encourages the effective implementation of that Protocol;122
240. Further 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,123 and in
this regard also notes its adoption of an initial strategy on the reduction of greenhouse
gas emissions from ships 124 and the adoption of amendments to annex VI to the
International Convention for the Prevention of Pollution from Ships125 to require
__________________
119 International Maritime Organization, document BWM/CONF/36, annex.
120 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).
121 International Maritime Organization, resolution MEPC.310(73).
122 International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution
MEPC.203(62).
123 International Maritime Organization, Assembly resolution A.963(23).
124 International Maritime Organization, document MEPC 72/17/Add.1, annex 11, resolution
MEPC.304(72).
125 International Maritime Organization, document MEPC 76/15/Add.1, annex 1, resolution
MEPC.328(76).
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ships to reduce their greenhouse gas emissions, with the aim of achieving the targets
established by the initial strategy;
241. 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;
242. 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, 2009126 to facilitate its entry into force;
243. Encourages continued cooperation between the parties to the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal127 and the International Maritime Organization on regulations on the
prevention of pollution from ships;
244. Notes the role of the Basel Convention in ensuring that the management
of hazardous wastes and other wastes, under the scope of that Convention, including
their transboundary movement and disposal, is consistent with the protection of the
marine environment, and in this regard also notes that the amendments to annexes II,
VIII and IX to the Basel Convention in relation to plastic waste became effective as
of 1 January 2021, and further notes decision BC-14/13 of the Conference of the
Parties to the Basel Convention, which includes, in particular, the establishment of
the Basel Convention Partnership on Plastic Waste;
245. 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;
246. 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;
247. 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, 128 and the Protocol on Preparedness, Response and
Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000, of
the International Maritime Organization, and in this regard to consider developing
and joining regional arrangements to enhance international cooperation for combating
major oil and hazardous substances pollution incidents;
248. 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; 129
249. 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,
__________________
126 International Maritime Organization, document SR/CONF/45.
127 United Nations, Treaty Series, vol. 1673, No. 28911.
128 Ibid., vol. 1891, No. 32194.
129 International Maritime Organization, document LEG/CONF.17/10.
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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 Bali Declaration on the Protection of the Marine
Environment from Land-based Activities, adopted at 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, held in Bali,
Indonesia, on 31 October and 1 November 2018; 130
250. 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 the 2030
Agenda and its Sustainable Development Goals, as well as of the Addis Ababa Action
Agenda of the Third International Conference on Financing for Development;
251. 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;
252. Encourages States that have not yet done so to take, as soon as possible,
the domestic measures necessary to enable them to meet their obligations upon
ratification and, thereafter, to ratify, accept, approve or accede to the Minamata
Convention on Mercury;131
253. 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;
254. 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);
255. 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,132 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 that was subsequently developed and adopted in 2010 by the Contracting
__________________
130 UNEP/GPA/IGR.4/5, annex.
131 UNEP(DTIE)/Hg/CONF/4, annex II.
132 International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).
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Parties to the London Convention and Protocol, namely, the Assessment Framework
for Scientific Research Involving Ocean Fertilization,133 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; 134
256. 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;135
257. Recalls decision IX/16 C, adopted at the ninth meeting of the Conference
of the Parties to the Convention on Biological Diversity, held in Bonn, Germany, from
19 to 30 May 2008,136 in which the Conference of the Parties, inter alia, bearing in
mind the ongoing scientific and legal analysis occurring under the auspices of the
London Convention and Protocol, requested parties and urged other Governments, in
accordance with the precautionary approach, to ensure that ocean fertilization
activities were not carried out until there was an adequate scientific basis on which to
justify such activities, including an assessment of associated risks, and that a global,
transparent and effective control and regulatory mechanism was in place for those
activities, with the exception of small-scale scientific research studies within coastal
waters, and stated that such studies should be authorized only if justified by the need
to gather specific scientific data, should be subject to a thorough prior assessment of
the potential impacts of the research studies on the marine environment, should be
strictly controlled and should not be used for generating and selling carbon offsets or
for any other commercial purposes, and takes note of 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, 137 in which the
Conference of the Parties requested parties to implement decision IX/16 C;
258. 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;
259. 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, while noting the role of the United Nations Environment
Programme Regional Seas Programme;
__________________
133 International Maritime Organization, document LC 32/15 and Corr.1, annex 5, resolution
LC LP.2 (2010).
134 Ibid.
135 International Maritime Organization, document LC 35/15, annex 4, resolution LP.4(8).
136 See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.
137 See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.
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X
Marine biodiversity
260. Reaffirms its central role relating to the conservation and sustainable use
of marine biological diversity of areas beyond national jurisdiction;
261. 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, and the extensive and
complex discussions and exchange of views at the four sessions of the Preparatory
Committee established by resolution 69/292: 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, which concluded on 21 July 2017, as well as the report of the
Preparatory Committee and the recommendations contained therein;138
262. Welcomes the holding of the second and third sessions of the
intergovernmental conference convened under resolution 72/249, from 25 March to
5 April 2019 and 19 to 30 August 2019, respectively, and takes note of the substantive
discussions that addressed the topics identified in the package agreed in 2011, namely,
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction, in particular, together and as a whole, marine genetic resources,
including questions on the sharing of benefits, measures such as area-based
management tools, including marine protected areas, environmental impact
assessments, and capacity-building and the transfer of marine technology, and further
takes note that the President of the conference has prepared, as part of the preparation
for the fourth session of the conference, a revised draft text of an agreement;
263. Notes that the fourth session of the intergovernmental conference139 will
be convened by the Secretary-General on the earliest possible available date in 2022,
preferably during the first half of the year;140
264. Recognizes the abundance and diversity of marine genetic resources and
their value in terms of the benefits, goods and services they can provide;
265. 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;
266. Notes the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity 141 and the Convention on Biological Diversity elaborated
programme of work on marine and coastal biological diversity, 142 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;
267. Reaffirms the need for States, individually or through competent
international organizations, to urgently consider ways to integrate and improve, based
on the best available scientific information and the precautionary approach and in
accordance with the Convention and related agreements and instruments, the
__________________
138 A/AC.287/2017/PC.4/2.
139 Postponed by the General Assembly in its decision 75/570.
140 Tentatively from 7 to 18 March 2022.
141 See A/51/312, annex II, decision II/10.
142 United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex,
decision VII/5, annex I.
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management of risks to the marine biodiversity of seamounts, cold water corals,
hydrothermal vents and certain other underwater features;
268. Invites parties to the Convention on Biological Diversity to implement the
voluntary specific workplan on biodiversity in cold water areas within the
jurisdictional scope of that Convention, adopted in 2016 by the thirteenth meeting of
the Conference of the Parties to that Convention;143
269. 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;
270. 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;
271. 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;144
272. 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;
273. 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;
274. 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;
275. 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
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143 United Nations Environment Programme, document UNEP/CBD/COP/13/25, sect. I,
decision XIII/11, annex II.
144 See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.
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protected areas consistent with international law, as reflected in the Convention, and
based on scientific information, including representative networks;
276. 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,145 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;
277. 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;
278. Notes with appreciation the work of the Sustainable Ocean Initiative under
the Convention on Biological Diversity;
279. 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;146
280. Acknowledges the Micronesia Challenge, the Eastern Tropical Pacific
Seascape project, the Caribbean Challenge and the Coral Triangle Initiative, which
seek to create and link domestic marine protected areas to better facilitate ecosystem
approaches, notes the Phoenix Islands Protected Area as a multinational partnership,
and reaffirms the need for further international cooperation, coordination and
collaboration in support of such initiatives;
281. 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;
282. 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;
283. Reiterates its support for the International Coral Reef Initiative, notes that
the thirty-fifth International Coral Reef Initiative General Meeting was held online
from 1 to 5 February 2021, 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;
284. Encourages States and relevant international institutions to improve
efforts to address coral bleaching by, inter alia, improving monitoring to predict and
__________________
145 United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I,
decision IX/20, annexes I and II.
146 International Maritime Organization, Revised Guidelines for the Identification and Designation
of Particularly Sensitive Sea Areas, Assembly resolution A.982(24).
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identify bleaching events, supporting and strengthening action taken during such
events and improving strategies to manage reefs to support their natural resilience
and enhance their ability to withstand other pressures, including ocean acidification,
and in this regard also encourages States to implement the priority actions to achieve
Aichi Biodiversity Target 10 for coral reefs and closely associated ecosystems,
adopted by the twelfth meeting of the Conference of the Parties to the Convention on
Biological Diversity;147
285. 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;
286. 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;
287. Also notes the discussions at the nineteenth meeting of the Informal
Consultative Process, in 2018, on the theme of anthropogenic underwater noise,
during which delegations, inter alia, expressed concern over the potential social,
economic and environmental impacts of anthropogenic underwater noise due to the
growth of ocean-related human activities, which has resulted in increased sound in
many parts of the ocean, as well as the potential impacts of anthropogenic underwater
noise on different marine species and, in view of the continuing gaps in knowledge
and lack of data, stressed the urgent need for further research and international
cooperation to assess and address the potential effects of anthropogenic underwater
noise in all ocean areas;148
288. Calls upon States to consider appropriate cost-effective measures and
approaches to assess and address the potential socioeconomic and environmental
impacts of anthropogenic underwater noise, taking into account the precautionary
approach and ecosystem approaches and the best available scientific information, as
appropriate;
289. 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, 149 and encourages States to continue their work at the International
Maritime Organization to enhance understanding of the extent to which improved
ship technology, including efficient propeller design, could lead to reduced
introduction of underwater noise in the oceans;
290. Encourages further research into, and testing of, technologies to reduce
the impact of underwater noise on marine life;
__________________
147 United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I,
decision XII/23, annex.
148 See A/73/124.
149 International Maritime Organization, document MEPC.1/Circ.833, annex.
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XI
Marine science
291. 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;
292. Encourages, in that regard, relevant international organizations and other
donors to consider supporting the Endowment Fund of the 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;
293. Notes with concern that human-related threats, such as marine debris, ship
strikes, underwater noise, persistent contaminants, coastal development activities, oil
spills and discarded fishing gear, together may severely impact marine life, including
its higher trophic levels, and calls upon States and competent international
organizations to cooperate and coordinate their research efforts in this regard so as to
reduce these impacts and preserve the integrity of the whole marine ecosystem, while
fully respecting the mandates of relevant international organizations;
294. 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;
295. 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 and continued to at least 2025,
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;
296. 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;
297. 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;
298. 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
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;
299. 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;
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300. 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;
301. 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, in 2012;150
302. 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 Science Council, particularly considering their role in
monitoring and forecasting climate change and variability, in supporting Earth system
prediction151 and in the establishment and operation of tsunami warning systems;
303. 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;
304. Stresses the need for continued efforts in developing mitigation and
preparedness measures for natural disasters, particularly following tsunami events
such as the 11 March 2011 event in Japan and the events on 28 September and
22 December 2018 in Indonesia;
305. Takes note of the sixth Global Environment Outlook, entitled Healthy
Planet, Healthy People, approved on 24 January 2019, which, inter alia, identifies the
principal drivers of change facing oceans and coasts and their impacts;
306. Urges States to take necessary action and to cooperate in relevant
organizations,
including
the
World
Meteorological
Organization,
the
Intergovernmental Oceanographic Commission and the Food and Agriculture
Organization of the United Nations, 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;
307. Notes the discussions at the twentieth meeting of the Informal Consultative
Process, from 10 to 14 June 2019, on the theme of ocean science and the United
Nations Decade of Ocean Science for Sustainable Development, during which
delegations, inter alia, stressed the importance of marine scientific research,
international cooperation and coordination, as well as of a stronger science-policy
interface in understanding and effectively addressing the unprecedented pressures on
the ocean, provided input to assist in preparing for the Decade and considered that
__________________
150 See A/67/120.
151 See World Meteorological Organization resolution 47 (Cg-18).
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the Decade will be an important opportunity to address gaps in ocean science, increase
knowledge, improve synergies and support the sustainable conservation and
management of marine resources, and during which several delegations underlined
the important complementary role of traditional knowledge held by indigenous
peoples and local communities;152
308. Welcomes the steps taken by the Intergovernmental Oceanographic
Commission to prepare the implementation plan for the United Nations Decade of
Ocean Science for Sustainable Development (2021–2030) in consultation with
Member States, specialized agencies, funds, programmes and bodies of the United
Nations, as well as other intergovernmental organizations, non-governmental
organizations and relevant stakeholders, and takes note with appreciation of that plan;
309. Welcomes the high-level launch of the United Nations Decade of Ocean
Science for Sustainable Development on 1 June 2021;
310. Notes resolution A-31/1 of the Assembly of the Intergovernmental
Oceanographic Commission, which supports the establishment of the Decade
Coordination Unit within the secretariat of the Intergovernmental Oceanographic
Commission as the primary mechanism to achieve orderly, impactful, inclusive and
effective implementation of the United Nations Decade of Ocean Science for
Sustainable Development, and establishes the Decade Advisory Board, responsible
for providing direct advice to the Executive Secretary of the Intergovernmental
Oceanographic Commission on the implementation of the Decade, 153 and decision
A-31/3.4.1 of the Assembly of the Intergovernmental Oceanographic Commission,
which establishes an Ocean Decade Tsunami Programme with a view to achieving
transformational advances in tsunami detection, measurement and forecasting,
including tsunamis generated by non-seismic sources, with the aim of making100 per
cent of communities at risk of tsunami prepared for and resilient to tsunamis by
2030;154
311. Requests that the Intergovernmental Oceanographic Commission regularly
consult with, and report to, Member States on the United Nations Decade of Ocean
Science for Sustainable Development and its implementation;
312. Invites the Secretary-General to inform the General Assembly on the
implementation of the United Nations Decade of Ocean Science for Sustainable
Development through his report on oceans and the law of the sea, on the basis of
information to be provided by the Intergovernmental Oceanographic Commission;
313. Invites UN-Oceans and its participants to collaborate with the
Intergovernmental Oceanographic Commission on the United Nations Decade of
Ocean Science for Sustainable Development, and in this regard notes the adoption by
the Authority of the action plan in support of the Decade;155
XII
Regular Process for Global Reporting and Assessment of the State of the Marine
Environment, including Socioeconomic Aspects
314. 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;
__________________
152 See A/74/119.
153 See Intergovernmental Oceanographic Commission, document IOC/A-31/Decisions.
154 Ibid.
155 See ISBA/26/A/17.
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315. Reaffirms the principles guiding the Regular Process and its objective and
scope, recalls the crucial importance of the Regular Process for ongoing ocean-related
intergovernmental processes and its possible inputs, including for the 2030 Agenda,
the 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, the United Nations
Framework Convention on Climate Change and the Informal Consultative Process,
among other relevant processes, and notes the importance of continuing support and
cooperation between the activities of the United Nations Decade of Ocean Science for
Sustainable Development and those of the Regular Process;
316. 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;
317. Also recalls that the Regular Process shall be overseen and guided by the
Ad Hoc Working Group of the Whole and that the Ad Hoc Working Group of the
Whole shall facilitate the delivery of the outputs of the third cycle as outlined in the
programme of work for the third cycle of the Regular Process,156 and endorses the
recommendations adopted by the Ad Hoc Working Group of the Whole at its fifteenth
meeting on the launch of the second World Ocean Assessment and progress in the
implementation of the programme of work for the third cycle of the Regular Process;157
318. Recognizes the importance of raising awareness of the second World Ocean
Assessment and the Regular Process, and welcomes the launch of the second World
Ocean Assessment on 21 April 2021 as well as other activities undertaken to raise
awareness of the second World Ocean Assessment and the Regular Process;
319. Recognizes with appreciation the role of the Co-Chairs and the Bureau of
the Ad Hoc Working Group of the Whole in putting into practice the decisions and
guidance of the Ad Hoc Working Group during the intersessional period, requests the
Bureau to continue to provide oversight of the delivery of the programme of work for
the third cycle of the Regular Process, and recognizes the support provided by the
secretariat in that regard;
320. Takes note of the terms of reference for national focal points and for focal
points of intergovernmental entities developed by the Bureau of the Ad Hoc Working
Group of the Whole in accordance with the programme of work for the third cycle of
the Regular Process;
321. Invites States that have not yet done so to designate national focal points
to facilitate the implementation of the programme of work for the third cycle of the
Regular Process and beyond;
322. Invites the secretariats of relevant United Nations specialized agencies,
programmes, funds and bodies and the secretariats of related organizations and
conventions to designate focal points to facilitate the implementation of the
programme of work for the third cycle and beyond;
323. Invites the Intergovernmental Oceanographic Commission of the United
Nations Educational, Scientific and Cultural Organization, the United Nations
Environment Programme, the International Maritime Organization, the Food and
__________________
156 A/75/362, annex.
157 See A/76/391.
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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 third cycle of the
Regular Process;
324. Invites relevant intergovernmental organizations to contribute, as
appropriate, to the activities of the third cycle;
325. Welcomes the constitution of the Group of Experts for the third cycle of the
Regular Process, which currently consists of 21 members, and notes with appreciation
the work being carried out by the members of the Group of Experts in the
implementation of the programme of work for the third cycle of the Regular Process;
326. Recalls that the Group of Experts for the third cycle of the Regular Process
shall comprise a maximum of 25 experts, with no more than five experts per regional
group, and encourages regional groups that have appointed fewer than five experts to
continue to appoint experts to the Group of Experts, taking into account the need to
ensure adequate expertise, gender balance and geographical distribution;
327. 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 third cycle of
the Regular Process, developed by the Bureau of the Ad Hoc Working Group of the
Whole in accordance with the programme of work for the third cycle of the Regular
Process and revised during the fifteenth meeting of the Ad Hoc Working Group of the
Whole;
328. Takes note of the mechanism to establish the Pool of Experts for the third
cycle of the Regular Process, developed by the Bureau of the Ad Hoc Working Group
of the Whole in accordance with the programme of work for the third cycle of the
Regular Process and revised during the fifteenth meeting of the Ad Hoc Working
Group of the Whole, encourages the appointment of experts to the Pool of Experts in
accordance with the mechanism, and requests the Bureau of the Ad Hoc Working
Group of the Whole to provide oversight of the establishment of the Pool of Experts;
329. Recognizes the need for early preparation of regional workshops as
outlined in the programme of work for the third cycle of the Regular Process, and
invites States to consider hosting such workshops and inform the secretariat of their
intent as early as possible;
330. 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 fund and to
make other contributions to the Regular Process;
331. Requests the Secretary-General to convene, in 2022, up to two meetings of
the Ad Hoc Working Group of the Whole of no more than two days total duration for
each meeting, one in the first half of 2022 and another in the second half of 2022;
XIII
Regional cooperation
332. 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;
333. Invites States and international organizations to enhance their cooperation
to better protect the marine environment;
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334. 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;
335. Recalls the outcome document of the third International Conference on
Small Island Developing States, the SIDS Accelerated Modalities of Action (SAMOA)
Pathway158 and the 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 in this regard welcomes the convening of the high-level
midterm review of the Samoa Pathway in September 2019 and the adoption of its
political declaration, 159 which notes the importance of oceans, seas and marine
resources to small island developing States and acknowledges their efforts to develop
and implement strategies for the conservation and sustainable use of the ocean and its
resources, and reaffirms its commitment to work with small island developing States
towards the full implementation of the Samoa Pathway to ensure its success;
336. 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;
337. 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;160
338. 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;
339. Notes in this regard the endorsement of the Pacific Islands Forum leaders
on 6 August 2021 at the fifty-first Pacific Islands Forum of a declaration on preserving
maritime zones in the face of climate change-related sea level rise, and of the Heads
of State and Government of the Alliance of Small Island States on 22 September 2021
of the Leaders’ Declaration addressing, inter alia, the relationship between climate
change-related sea level rise and Forum and Alliance members’ maritime zones in
response to long-standing concerns in the face of climate change-related sea level
rise;
340. 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;
341. Acknowledges relevant cooperation among the members of the Zone of
Peace and Cooperation of the South Atlantic;
__________________
158 Resolution 69/15, annex.
159 Resolution 74/3.
160 United Nations, Treaty Series, vol. 652, No. 9344.
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342. 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 celebrated annually on 25 July;
343. 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
2014,161 following the comprehensive 10-year review of the implementation of the
Almaty Programme of Action: Addressing the Special Needs of Landlocked
Developing Countries within a New Global Framework for Transit Transport
Cooperation for Landlocked and Transit Developing Countries,162 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, and further notes the adoption of the road map
for accelerated implementation of the Vienna Programme of Action for Landlocked
Developing Countries in the remaining five years at the annual ministerial meeting of
the Group of Landlocked Developing Countries, held virtually on 23 September 2020;
344. 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;
345. Further notes the Agreement on Enhancing International Arctic Scientific
Cooperation, negotiated under the auspices of the Arctic Council, and notes that its
implementation will increase the development of scientific knowledge about the
region;
346. Notes the cooperation between the OSPAR Commission established by the
Convention for the Protection of the Marine Environment of the North-East
Atlantic163 and the North-East Atlantic Fisheries Commission;
XIV
Open-ended Informal Consultative Process on Oceans and the Law of the Sea
347. Welcomes the report of the Co-Chairs on the work of the Informal
Consultative Process at its twenty-first meeting, which focused on the theme of sea
level rise and its impacts;
348. 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, and that the perspective of the three pillars of sustainable development
should be further enhanced in the examination of the selected topics;
349. 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;
350. 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
__________________
161 Resolution 69/137, annex II.
162 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.
163 United Nations, Treaty Series, vol. 2354, No. 42279.
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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;
351. 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;
352. Decides to continue the Informal Consultative Process for the next two
years, in accordance with resolution 54/33, with a further review of its effectiveness
and utility by the General Assembly at its seventy-eighth session;
353. Requests the Secretary-General to convene, in accordance with
paragraphs 2 and 3 of resolution 54/33, the twenty-second meeting of the Informal
Consultative Process, in New York for eight meetings during the week of 6 to 10 June
2022, 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;
354. 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;
355. 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 354 above have been covered;
356. Decides 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 twenty-second meeting, in 2022, on the theme “Ocean observing”;
XV
Coordination and cooperation
357. 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;
358. 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;
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359. Encourages bodies established by the Convention to strengthen
coordination and cooperation, as appropriate, in fulfilling their respective mandates;
360. 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;
361. 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;
362. Recognizes the work undertaken by UN-Oceans, in particular the
inventory of mandates and the development of a draft methodology for the indicator
for target 14.c of the 2030 Agenda, under the revised terms of reference for the work
of UN-Oceans, and with the United Nations Legal Counsel/the Division 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;
363. Recalls its decision to defer the review of the terms of reference for the
work of UN-Oceans until its seventy-fifth session, and decides to further defer the
review until its seventy-seventh session;
XVI
Activities of the Division for Ocean Affairs and the Law of the Sea
364. Expresses its appreciation to the Secretary-General for the annual reports
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;
365. Notes with satisfaction the thirteenth observance by the United Nations of
World Oceans Day in 2021,164 recognizes with appreciation the efforts deployed by
the Division in this regard, 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;
366. 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
__________________
164 By its resolution 63/111, the General Assembly designated 8 June as World Oceans Day.
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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 third
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;
367. Requests the Secretary-General to continue the publication activities of the
Division, in particular through a publication marking the fortieth anniversary of the
adoption and opening for signature of the Convention165 and the publication of the
Law of the Sea Bulletin;
XVII
Commemoration of the fortieth anniversary of the adoption and opening for
signature of the Convention
368. Decides to devote two days of plenary meetings at its seventy-seventh
session, on 8 and 9 December 2022, within overall existing resource levels, to the
consideration of the item entitled “Oceans and the law of the sea” and the
commemoration of the fortieth anniversary of the adoption and opening for signature
of the Convention, including special recognition of the crucial role played by
Ambassador Arvid Pardo of Malta and, in particular, his visionary speech delivered
on 1 November 1967 before the General Assembly, leading to the adoption of the
Convention, and encourages Member States and observers to be represented at the
highest possible level;
369. Invites States Parties to the Convention to commemorate at their thirty-
second meeting the fortieth anniversary of the adoption and opening for signature of
the Convention;
370. Requests the Secretary-General to organize, as appropriate and within
overall existing resource levels, activities to mark this occasion, and invites States,
United Nations agencies, funds and programmes, intergovernmental and
non-governmental organizations and other relevant bodies, in accordance with the
practices of the United Nations, to support these activities, as appropriate;
XVIII
Seventy-seventh session of the General Assembly
371. Requests the Secretary-General to prepare reports for consideration by the
General Assembly at its seventy-seventh session, namely a report 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 a report on the topic that is the focus of the twenty-second meeting of
the Informal Consultative Process;
372. Emphasizes the critical role of the annual reports of the Secretary-General,
which integrate 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 constitute 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;
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165 This publication replaces the guide on the capacity-building programme and the voluntary trust
funds administered by the Division.
Oceans and the law of the sea
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373. Notes that the reports referred to in paragraph 371 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;
374. 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 eight
days in total and that the consultations should be scheduled in such a way that the
Division has sufficient time to produce the report on developments and issues relating
to ocean affairs and the law of the sea referred to in paragraph 371 above, requests
the Secretary-General to continue to provide support to the consultations through the
Division, and encourages States to submit proposals for the resolution to the
Coordinator of the informal consultations no later than one week before the first day
of the first round of the informal consultations;
375. Decides to include in the provisional agenda of its seventy-seventh session
the item entitled “Oceans and the law of the sea”.
48th plenary meeting
9 December 2021
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