Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil Thereof, Beyond the Limits of National Jurisdiction

A/RES/2749(XXV)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1971.

What subjects does this mandate have?

18 subjects

Coastal States Declarations (Text)Dispute Settlement Friendly Relations Among States International Jurisdiction International Law Landlocked States Marine Environment Negotiation Principles Resources Conservation Resources Exploration Scientific Research Seabed Seabed Mining Seabed Resources State Responsibility Treaties

What’s in this document?

27 operative paragraphs

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The sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as the area), as well as the resources of the area, are the common heritage of mankind.

The area shall not be subject to appropriation by any means by States or persons, natural or juridical, an~ no ~tate shall claim or exercise sovereignty or sovereign rights over any part thereof.

No State or person, natural or juridical, shall claim, exercise or acquire rights with respect to the area or its resources incompatible with the international regime to be established and the principles of this Declaration.

All activities regarding the exploration and exploitation of the resources of the area and other related activities shall be governed by the international regime to be established.

The area shall be open to use exclusively for peaceful purposes by all States, whether coastal or land-locked, without discrimination, in accordance with the international regime to be established.

States shall act in the area in accordance with the applicable principles and rules of international General A11embly-Twenty-fi.fth Se11ion law, including the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adofited by the General Assembly on 24 October 1970, 8 in the interests of maintaining international peace and security and promoting international co-operation and mutual understanding.

The exploration of the area and the exploitation of its resources shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States, whether land-locked or coastal, and taking into particular consideration the interests and needs of the developing countries.

The area shall be reserved exclusively for peaceful purposes, without prejudice to any measures which have been or may be agreed upon in the context of international negotiations undertaken in the field of disarmament and which may be applicable to a broader area. One or more international agreements shall be concluded as soon as possible in order to implement effectively this principle and to constitute a step towards the exclusion of the sea-bed, the ocean floor and the subsoil thereof from the arms race.

On the basis of the _Principles of this Declaration, an international r6gime applying to the area and its resources and including a~propriate international machinery to give effect to its provisions shall be established by an international treatv of a universal character, generally agreed upon. "The r6gime shall, inter alia, provide for the orderly and safe development and rational management of the area and its resources and for expanding opportunities in the use thereof, and ensure the equitable sharin• by States in the benefits derived therefrom, taking mto particular consideration the interests and needs of the developing countries, whether land-locked or coastal.

States shall promote international co-operation in scientific research exclusively for peaceful purposes:

By participation in international programmes and by encouraging co-operation in scientific research by personnel of different countries;

Through effective J?Ublication of research programmes and dissemination of the results of research through international channels;

( c) By co-orc::ration in measures to strengthen research capabilities of developing countries, including the participation of their nationals in research programmes. No_ such _activity shall form the legal basis for any clauns with respect to any part of the area or its resources.

With respect to activities in the area and acting in conformity with the international regime to be established, States shall take appropriate measures for and shall co-operate in the adoption and implementation of international rules, standards and procedures for, inter alia: . (a) The prevention of pollution and contamina- !Jon, ~nd other haz:3rds to the ~arine environment, mcluding the coastline, and of mterference with the ecological balance of the marine environment; as Resolution 2625 (XXV).

The protection and conservation of the natura1 resources of the area and the prevention of damage to the flora and fauna of the marine environment.

In their activities in the area, including those relating to its resources, States shall pay due regard to the rights and legitimate interests of coastal States in the region of such activities, as well as of all other States, which may be affected by such activities.

Consultations shall be maintained with the coastal States concerned with respect to activities relating to the exploration of the area and the exploitation of its resources with a view to avoiding infringement of such rights and interests.

Nothing herein shall affect:

The legal status of the waters superjacent to the area or that of the air space above those waters;

The rights of coastal States with respect to measures to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat thereof or from other hazardous occurrences resulting from or caused by any activities in the area, subject to the international r6jme to be established.

Every State shall have the responsibility to ensure that activities in the area, including those relating to its resources, whether undertaken by govemmental agencies, or non-governmental entities or persons under its jurisdiction, or acting on its behalf,

shall be carried out in conformity with the intemational r6gime to be established. The same responsibility applies to international organizations and their members for activities undertaken by such oraanlzations or on their behalf. Damage caused by such activities shall entail liability.

The parties to any dispute relating to activities in the area and its resources shall resolve such dispute by the measures mentioned in Article 33 of the Charter of the United Nations and such procedures for settling disputes as may be a,reed upon in the international r6gime to be established.

1933,d plenary meeting,

17 December 1970.

2750 (XXV), Reservation exclusively for peaceful purposes of the 1ea-bed and the ocean floor, and the 1ubsoil thereof, underlying the high 1eas beyond the limits of present national jurildiction and use of tlielr re- 10urce1 in the interests of mankind, and convening of a conference on the law of the sea A

Requests the Secretary-General to co-operate with the United Nations Conference on Trade and Development, specialized agencies and other competent organizations of the United Nations system in order to:

Iden~ the problems arising from the production of certam minerals from the area beyond the limits of national jurisdiction and examine the impact they will have on the economic well-being of the developing countries, in particular on prices of mineral exports on the world market;

Study these problems in the light of the scale of possible exploitation of the sea-bed, taking into account the world demand for raw materials and the evolution of costs and prices;

Propose effective solutions for dealing with these problems;

Requests the Secretary-General to submit his report thereon to the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction for consideration during one of its sessions in 1971 and for makina its recommendations, as appropriate, to foster the healthy development of the world economy and balanced growth of international trade and to minimi:m any adverse economic effects caused by the fluctuation of prices of raw materials resulting from such activities;

Requests the Secretary-General, in co-operation with the United Nations Conference on Trade and Development, specialized agencies and other competent orJanizations of the United Nations system, to keep this matter under constant review so as to submit supplementary information annually or whenever it is necessary and recommend additional measures in the light of economic, scientific and technological developments;

Calls upon the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction to submit a report on this question to the General Assembly at its twenty-sixth session.

17 December 1970.

Who adopted this document and its mandates?

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