Oceans and the Law of the Sea

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 75a Oceans and the law of the sea, published in 2012.

What other versions does this mandate have?

29 versions · 1998–2025

This is an older version — the most recent is A/RES/80/110

Year	Symbol	Title	Word length	Text similarity
2025	A/RES/80/110	Oceans and the law of the sea	26,991	82%Compare
2024	A/RES/79/144	Oceans and the law of the sea	29,051	77%Compare
2023	A/RES/78/69	Oceans and the law of the sea	28,253	71%Compare
2023	A/RES/77/248	Oceans and the law of the sea	30,451	83%Compare
2021	A/RES/76/72	Oceans and the law of the sea	29,565	89%Compare

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Subprogramme 4	Law of the sea and ocean affairs	44

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Subprogramme 4	Law of the sea and ocean affairs	44	—

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

Which reports were submitted under this mandate?

44 reports · 2003–2026

Year	Symbol	Title	Mandate resolution
2026	A/81/345	Oceans and the law of the sea report of the Secretary-General	A/RES/80/110
2026	A/81/68	Oceans and the law of the sea report of the Secretary-General	A/RES/80/110A/RES/78/69
2025	A/80/364	Oceans and the law of the sea report of the Secretary-General	A/RES/79/144
2025	A/80/70	Oceans and the law of the sea report of the Secretary-General	A/RES/79/144
2024	A/79/340	Oceans and the law of the sea report of the Secretary-General	A/RES/78/69

What subjects does this mandate have?

8 subjects

Capacity Building Continental Shelf Dispute Settlement Law of the Sea Marine Environment Maritime Safety Oceans Signatures, Accessions, Ratifications

What’s in this document?

292 operative paragraphs

I.Implementation of the Convention and related agreements and instruments

Reaffirms its annual resolutions on the law of the sea and on oceans and the law of the sea, including resolution 66/231, and other relevant resolutions concerning the Convention;Error: Reference source not found

Also reaffirms the unified character of the Convention and the vital importance of preserving its integrity;

Welcomes the recent ratification of and accession to the Convention, and calls upon all States that have not done so, in order to achieve the goal of universal participation, to become parties to the Convention and the Part XI Agreement;Error: Reference source not found

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);¹⁷

¹⁷Ibid., vol. 2167, No. 37924.

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;

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;

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;

Acknowledges the tenth anniversary, in November 2011, of the 2001 Convention on the Protection of the Underwater Cultural Heritage,¹⁸ 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;

¹⁸Ibid., vol. 2562, No. 45694.

II.Capacity-building

Emphasizes that capacity-building is essential to ensure that States, especially developing countries, in particular the least developed countries and small island developing States, as well as coastal African States, are able to fully implement the Convention, benefit from the sustainable development of the oceans and seas and participate fully in global and regional forums on ocean affairs and the law of the sea;

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 Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology;Error: Reference source not found

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;

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;

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;

Encourages intensified efforts to build capacity for developing countries, in particular for the least developed countries and small island developing States, as well as coastal African States, to improve hydrographic services and the production of nautical charts, including electronic charts, as well as the mobilization of resources and building of capacity with support from international financial institutions and the donor community;

Calls upon States and international financial institutions, including through bilateral, regional and global cooperation programmes and technical partnerships, to continue to strengthen capacity-building activities, in particular in developing countries, in the field of marine scientific research by, inter alia, training personnel to develop and enhance relevant expertise, providing the necessary equipment, facilities and vessels and transferring environmentally sound technologies;

Also calls upon States and international financial institutions, including through bilateral, regional and global cooperation programmes and technical partnerships, to strengthen capacity-building activities in developing countries, in particular least developed countries and small island developing States, to develop their maritime administration and appropriate legal frameworks to establish or enhance the necessary infrastructure, legislative and enforcement capabilities to promote effective compliance with and implementation and enforcement of their responsibilities under international law;

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;

Recognizes the importance of the work of the International Maritime Law Institute of the International Maritime Organization as a centre of education and training of government legal advisers, mainly from developing States, confirms its effective capacity-building role in the field of international law, and urges States, intergovernmental organizations and financial institutions to make voluntary financial contributions to the budget of the Institute;

Also recognizes the importance of the World Maritime University of the International Maritime Organization as a centre for maritime education and research, confirms its effective capacity-building role in the field of maritime transportation, policy, administration, management, safety, security and environmental protection, as well as its role in the international exchange and transfer of knowledge, and urges States, intergovernmental organizations and other bodies to make voluntary financial contributions to the University;

Welcomes ongoing activities for capacity-building so as to address maritime security and safety needs and the protection of the marine environment of developing States, and encourages States and international financial institutions to provide additional funding for capacity-building programmes, including for transfer of technology, including through the International Maritime Organization and other competent international organizations;

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;¹⁹

¹⁹Ibid., vols. 2225, 2237, 2241 and 2326, No. 39574.

Also recognizes the need to build the capacity of developing States to raise awareness of and support the implementation of improved waste management practices, noting the particular vulnerability of small island developing States to the impact of marine pollution from land-based sources and marine debris;

Further recognizes the importance of assisting developing States, in particular the least developed countries and small island developing States, as well as coastal African States, in implementing the Convention, urges States, intergovernmental organizations and agencies, national institutions, non-governmental organizations and international financial institutions, as well as natural and juridical persons, to make voluntary financial or other contributions to the trust funds, as referred to in resolutions 55/7, 57/141 and 64/71 of 4 December 2009, established for this purpose, and expresses its appreciation to those that have contributed;

Acknowledges the importance of capacity-building for developing States, in particular the least developed countries and small island developing States, as well as coastal African States, for the protection of the marine environment and the conservation and sustainable use of marine resources;

Recognizes that promoting the voluntary transfer of technology is an essential aspect of building capacity in marine science;

Encourages States to use the Criteria and Guidelines on the Transfer of Marine Technology adopted by the Assembly of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization at its twenty-second session, in 2003, and recalls the important role of the secretariat of that Commission in the implementation and promotion of the Criteria and Guidelines;

Also encourages States to consider additional opportunities for capacity-building at the regional level;

Notes with satisfaction the efforts of the Division to compile information on capacity-building initiatives, requests the Secretary-General to continue to regularly update such information provided by States, international organizations and donor agencies and include it in his annual report to the General Assembly, invites States, international organizations and donor agencies to submit such information to the Secretary-General for this purpose, and requests the Division to post the information on capacity-building initiatives from the annual report of the Secretary-General on the website of the Division in an easily accessible manner so as to facilitate the matching of capacity-building needs with opportunities;

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;

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 Procedure²⁰ and the Scientific and Technical Guidelines of the Commission;²¹

²⁰CLCS/40/Rev.1.

²¹CLCS/11 and Corr.1 and Add.1 and Add.1/Corr.1.

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;

Notes with appreciation the contribution of the Division to capacity-building activities at the national and regional levels;

Invites Member States and others in a position to do so to support the capacity-building activities of the Division, including, in particular, the training and other activities to assist developing States in the preparation of their submissions to the Commission, also invites Member States and others in a position to do so to contribute to the trust fund established by the Secretary-General for the Office of Legal Affairs to support the promotion of international law, and expresses its appreciation to those who have contributed;

Recognizes with appreciation the important contribution to the capacity-building of developing countries and the promotion of the law of the sea made by the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, which was established by the General Assembly in 1981 in honour of the first President of the Third United Nations Conference on the Law of the Sea and which, relying on its network of 17 host institutions, has awarded to date 28 fellowships to individuals from 25 Member States, welcomes the fact that the twenty-fifth award, in 2012, was made possible thanks to the generous contributions of Member States, and urges Member States and others in a position to do so to contribute generously to the further development of the Fellowship to ensure that it is awarded every year;

Also recognizes with appreciation the important contribution that the United Nations-Nippon Foundation of Japan Fellowship Programme which, relying on its network of more than 40 host institutions, has awarded 90 fellowships to individuals from 58 Member States since 2004, has made to human resources development for developing Member States in the field of ocean affairs and the law of the sea and related disciplines and the promotion of holistic and cross-sectoral approaches, emphasizing the integration of physical and social sciences and promoting interlinkages among alumni and between their organizations;

Encourages the competent international organizations, the United Nations Development Programme and international financial institutions and funds to consider expanding their programmes within their respective fields of competence for assistance to developing countries and to coordinate their efforts, and recognizes the funding set aside by the Global Environment Facility as well as other funds allocated for projects relating to oceans;

III.Meeting of States Parties

Welcomes the report on the twenty-second Meeting of States Parties to the Convention,Error: Reference source not found also welcomes the election of 20 members to the Commission,²² and further welcomes the decisions taken by the twenty-second Meeting;

²²SPLOS/251, paras. 85 and 86.

Recognizes the work of the Informal Working Group of the Commission facilitated by the Bureau of the Meeting of States Parties on the workload of the Commission, and welcomes the decision taken by the twenty-first Meeting of States Parties to the Convention on this matter;Error: Reference source not found

Requests the Secretary-General to convene the twenty-third Meeting of States Parties to the Convention, in New York from 10 to 14 June 2013, and to provide full conference services, including documentation, as required, and also requests the Secretary-General to convene a special meeting to elect one member of the Commission from the Group of Eastern European States on 19 December 2012;²³

²³SPLOS/252.

IV.Commemoration of the thirtieth anniversary of the opening for signature of the Convention

Welcomes the Declaration on the thirtieth anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea, adopted by States Parties to the Convention at their twenty-second Meeting;²⁴

²⁴SPLOS/249.

Notes with appreciation that a ceremony to commemorate the thirtieth anniversary of the opening for signature of the Convention was held by the Authority and the Government of Jamaica on 21 July 2012, at the site in Montego Bay where the Convention was originally opened for signature;

Takes note with appreciation of the activities organized by States, in cooperation with the Division, to commemorate the thirtieth anniversary of the opening for signature of the Convention, including the international conference co-sponsored by the Division and the Republic of Korea at the International Exposition, Yeosu, Republic of Korea, in 2012, and national events organized by States to mark the anniversary in Bangladesh, Belgium, China, Jamaica, Japan, Portugal and the United Kingdom of Great Britain and Northern Ireland;

Notes with appreciation the activities organized by the Secretary-General to mark the anniversary, in cooperation with States, United Nations agencies, funds and programmes, intergovernmental and non-governmental organizations and other relevant bodies;

V.Peaceful settlement of disputes

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;

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;

Notes that States parties to an international agreement related to the purposes of the Convention may submit to, inter alia, the Tribunal or the International Court of Justice any dispute concerning the interpretation or application of that agreement submitted in accordance with that agreement, and also notes the possibility, provided for in the Statutes of the Tribunal and the Court, to submit disputes to a chamber;

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;

VI.The Area

Welcomes the adoption of the regulations for prospecting and exploration for cobalt-rich ferromanganese crusts in the Area²⁵ and the adoption of the decision by the Council of the Authority to establish an environmental management plan for the Clarion-Clipperton Zone which includes the designation, on a provisional basis, of a network of areas of particular environmental interest and which also gives effect to the precautionary approach,²⁶ and reiterates the importance of the ongoing elaboration by the Authority, pursuant to article 145 of the Convention, of rules, regulations and procedures to ensure the effective protection of the marine environment, for, inter alia, the protection and conservation of the natural resources of the Area, and for the prevention of damage to the flora and fauna of the marine environment from harmful effects that may arise from activities in the Area;

²⁵See ISBA/18/C/23; see also ISBA/18/A/11.

²⁶ISBA/18/C/22.

Notes the increase in the number of contracts with the Authority for exploration for polymetallic nodules and polymetallic sulphides, and also notes the attention being given by the Council to the drafting of a mining code;

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;²⁷

²⁷ISBA/17/A/9.

Notes the importance of the responsibilities entrusted to the Authority by articles 143 and 145 of the Convention, which refer to marine scientific research and protection of the marine environment, respectively;

VII.Effective functioning of the Authority and the Tribunal

Commends the progress in the work of the Authority;

Also commends the work of the Tribunal since its establishment;

Appeals to all States Parties to the Convention to pay their assessed contributions to the Authority and to the Tribunal in full and on time, and also appeals to States Parties in arrears with their contributions to fulfil their obligations without delay;

Urges all States Parties to the Convention to attend the sessions of the Authority and calls upon the Authority to continue to pursue all options, including making concrete recommendations on the issue of dates, in order to improve attendance in Kingston and to ensure global participation, and to that effect takes note with appreciation of the proposed new pattern of meetings;²⁸

²⁸ISBA/18/A/12, para. 17; see also ISBA/18/A/2, sect. XXIII.

Calls upon States that have not done so to consider ratifying or acceding to the Agreement on the Privileges and Immunities of the Tribunal²⁹ and to the Protocol on the Privileges and Immunities of the Authority;³⁰

²⁹United Nations, Treaty Series, vol. 2167, No. 37925.

³⁰Ibid., vol. 2214, No. 39357.

Emphasizes the importance of the Tribunal’s rules and staff regulations in promoting the recruitment of a geographically representative staff in the Professional and higher categories, and welcomes the actions taken by the Tribunal in observance of those rules and regulations;

VIII.The continental shelf and the work of the Commission

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;

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;

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);

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,³¹ 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 seven submissions referred to in preliminary information have already been filed with the Commission;

³¹SPLOS/183, para. 1 (a).

Further notes with satisfaction the progress in the work of the Commission³² 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, and welcomes the decision taken by the Commission to extend the duration of its sessions;

³²See CLCS/74 and CLCS/76.

Notes with satisfaction that the Commission, taking into account the decision of the eighteenth Meeting of States Parties to the Convention,³³ has compiled lists of websites of organizations, data/information portals and data holders where general information and publicly available scientific and technical data can be accessed that may be relevant to the preparation of submissions, and has made this information available on its website;

³³SPLOS/183, para. 3.

Takes note of the 18 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 part V, paragraph 11.3, of annex III to the Rules of Procedure of the Commission;³⁴

³⁴CLCS/40/Rev.1.

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;

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;

Takes note with appreciation of the decision of the Commission at its thirtieth session regarding the workload of the Commission, including to extend the duration of its sessions for 2013 to three sessions of seven weeks each, including plenary meetings, and to establish four new subcommissions so that six subcommissions would actively consider submissions;Error: Reference source not found

Reiterates the duty of States under the Convention, whose experts are serving on the Commission, to defray the expenses of the experts they have nominated while in performance of Commission duties, and urges these States to do their utmost to ensure the full participation of those experts in the work of the Commission, including the meetings of subcommissions, in accordance with the Convention;

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;

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;

Requests the Secretary-General to take appropriate and timely measures to ensure secretariat services for the Commission and its subcommissions for the extended duration of time requested in the decision of the twenty-first Meeting of States Parties to the Convention;Error: Reference source not found

Also requests the Secretary-General, consequently, to continue to allocate appropriate and sufficient resources to the Division to provide adequate services and assistance to the Commission in view of the increase in the number of its working weeks;

Expresses its appreciation to States that have made contributions to the voluntary trust fund established by resolution 55/7 for the purpose of facilitating the preparation of submissions to the Commission and to the voluntary trust fund also established by that resolution for the purpose of defraying the cost of participation of the members of the Commission from developing States in the meetings of the Commission, encourages States to make additional contributions to these funds, and authorizes the use, as appropriate, of the trust fund, and in accordance with the purpose of its terms of reference, to defray the cost of the participation of the Chair of the Commission who is a member of the Commission nominated by a developing country in the Meetings of States Parties, and to defray the cost of the participation of the current Chair of the Commission in the meeting of the General Assembly devoted to the commemoration of the thirtieth anniversary of the opening for signature of the Convention, convened on 10 December 2012 in accordance with Assembly resolution 67/5 of 14 November 2012;

Approves the convening by the Secretary-General of the thirty-first, thirty-second and thirty-third sessions of the Commission, in New York from 21 January to 8 March 2013, from 15 July to 30 August 2013 and from 7 October to 22 November 2013, respectively, with full conference services, including documentation, for the plenary parts of these sessions,³⁵ 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;

³⁵From 28 January to 1 February, from 25 February to 1 March, from 12 to 16 August and from 26 to 30 August 2013.

Expresses its firm conviction about the importance of the work of the Commission, carried out in accordance with the Convention, including with respect to the participation of coastal States in relevant proceedings concerning their submissions, and recognizes the continued need for active interaction between coastal States and the Commission;

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 exchanging views;

Requests the Secretary-General, in cooperation with Member States, to continue supporting workshops or symposiums on scientific and technical aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles, taking into account the need to strengthen capacity-building for developing countries in preparing their submissions;

IX.Maritime safety and security and flag State implementation

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;

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;

Emphasizes the need for further efforts to promote a culture of safety and security in the shipping industry and to address the shortage of adequately trained personnel, and urges the establishment of more centres to provide the required education and training;

Also emphasizes that safety and security measures should be implemented 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 on child labour in fisheries and aquaculture as well as the work that has been conducted on the issue of trafficking in persons and forced labour on fishing vessels by the United Nations Office on Drugs and Crime and the International Labour Organization;

Welcomes the entry into force on 1 January 2012, with a five-year transitional period until 1 January 2017, of the amendments adopted in Manila on 25 June 2010, otherwise known as the Manila amendments, to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,³⁶ and to the Standards of Training, Certification and Watchkeeping for Seafarers Code, and invites States that have not yet done so to ratify or accede to that Convention, as well as the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;

³⁶United Nations, Treaty Series, vol. 1361, No. 23001.

Also welcomes the fact that the conditions for the entry into force of the Maritime Labour Convention, 2006, have been met, invites States that have not yet done so to ratify or accede to that Convention, the Work in Fishing Convention, 2007 (No. 188) and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185),³⁷ of the International Labour Organization and to effectively implement those Conventions, and emphasizes the need to provide to States, at their request, technical cooperation and assistance in that regard;

³⁷Ibid., vol. 2304, No. 41069.

Further welcomes ongoing cooperation between the Food and Agriculture Organization of the United Nations, the International Maritime Organization and the International Labour Organization relating to the safety of fishers and fishing vessels, underlines the urgent need for continued work in that area, and takes note of the approval by the three organizations of the Guidelines to Assist Competent Authorities in the Implementation of Part B of the Code of Safety for Fishermen and Fishing Vessels, the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, and the Safety Recommendations for Decked Fishing Vessels of Less than 12 Metres in Length and Undecked Fishing Vessels;³⁸

³⁸See International Maritime Organization, document MSC 89/25/Add.1, annex 16; Food and Agriculture Organization of the United Nations, document FIPI/R1012(En); International Labour Organization, document GB.316/POL/4(and Corr.), para. 14.

Encourages continued cooperation between the parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal³⁹ and the International Maritime Organization on regulations on the prevention of pollution from ships;

³⁹United Nations, Treaty Series, vol. 1673, No. 28911.

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;⁴⁰

⁴⁰International Maritime Organization, document LEG/CONF.17/10.

Recalls that all actions taken to combat threats to maritime security must be in accordance with international law, including the principles embodied in the Charter and the Convention;

Recognizes the crucial role of international cooperation at the global, regional, subregional and bilateral levels in combating, in accordance with international law, threats to maritime security, including piracy, armed robbery at sea, terrorist acts against shipping, offshore installations and other maritime interests, through bilateral and multilateral instruments and mechanisms aimed at monitoring, preventing and responding to such threats, the enhanced sharing of information among States relevant to the detection, prevention and suppression of such threats, and the prosecution of offenders with due regard to national legislation, and the need for sustained capacity-building to support such objectives;

Notes that piracy and armed robbery at sea affect a wide range of vessels engaged in maritime activities;

Emphasizes the importance of promptly reporting incidents to enable accurate information on the scope of the problem of piracy and armed robbery against ships and, in the case of armed robbery against ships, by affected vessels to the coastal State, underlines the importance of effective information-sharing with States potentially affected by incidents of piracy and armed robbery against ships, and takes note of the important role of the International Maritime Organization;

Notes with appreciation, in this regard, the important contribution of the Information Sharing Centre of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia;

Urges all States, in cooperation with the International Maritime Organization, to actively combat piracy and armed robbery at sea by adopting measures, including those relating to assistance with capacity-building through training of seafarers, port staff and enforcement personnel in the prevention, reporting and investigation of incidents, bringing the alleged perpetrators to justice, in accordance with international law, and by adopting national legislation, as well as providing enforcement vessels and equipment and guarding against fraudulent ship registration;

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;

Expresses grave concern at the threats posed by piracy and armed robbery at sea to the safety and welfare of seafarers and other persons;

Invites all States, the International Maritime Organization, the International Labour Organization and other relevant international organizations and agencies to adopt or recommend, as appropriate, measures to protect the interest and welfare of seafarers and fishers who are victims of pirates, after their release from captivity, including their post-incident care and reintegration into society;

Takes note of the ongoing cooperation between the International Maritime Organization, the United Nations Office on Drugs and Crime and the Division with respect to the compilation of national legislation on piracy, and notes that copies of national legislation received by the Secretariat have been placed on the website of the Division;

Recognizes continued national, bilateral and trilateral initiatives as well as regional cooperative mechanisms, in accordance with international law, to address piracy, including the financing or facilitation of acts of piracy, and armed robbery at sea in the Asian region, and calls upon other States to give immediate attention to adopting, concluding and implementing cooperation agreements at the regional level on combating piracy and armed robbery against ships;

Reiterates its serious concern regarding continued incidents of piracy and armed robbery at sea off the coast of Somalia, expresses alarm in particular at the hijacking of vessels, supports the recent efforts to address this problem at the global and regional levels, notes the adoption by the Security Council of resolutions 1816 (2008) of 2 June 2008, 1838 (2008) of 7 October 2008, 1846 (2008) of 2 December 2008, 1851 (2008) of 16 December 2008, 1897 (2009) of 30 November 2009, 1918 (2010) of 27 April 2010, 1950 (2010) of 23 November 2010, 1976 (2011) of 11 April 2011, 2015 (2011) of 24 October 2011, 2020 (2011) of 22 November 2011 and 2036 (2012) of 22 February 2012, as well as the statement by the President of the Security Council of 25 August 2010,⁴¹ also notes that the authorization in resolution 1816 (2008) and the provisions in resolutions 1838 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1950 (2010) and 2020 (2011) apply only to the situation in Somalia and do not affect the rights, obligations or responsibilities of Member States under international law, including any rights or obligations under the Convention, with respect to any other situation, and underscores, in particular, the fact that they are not to be considered as establishing customary international law;

⁴¹S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July 2011.

Notes with appreciation the report of the Secretary-General of 20 January 2012,⁴² prepared pursuant to the request of the Security Council in resolution 2015 (2011);

⁴²S/2012/50.

100

Notes, in this regard, the compilation of information received from Member States on measures they have taken to criminalize piracy under their domestic law and to support the prosecution of individuals suspected of piracy off the coast of Somalia and imprisonment of convicted pirates, circulated by the Secretary-General to Member States pursuant to paragraph 11 of Security Council resolution 2015 (2011);⁴³

⁴³S/2012/177, annex.

101

Also notes the continued efforts within the Contact Group on Piracy off the Coast of Somalia, following the adoption of Security Council resolution 1851 (2008), including the establishment under the Contact Group of Working Group 5 on the financial aspects of Somali piracy to focus on and coordinate efforts to disrupt the pirate enterprise ashore, and commends the contributions of all States in the efforts to fight piracy off the coast of Somalia;

102

Recognizes the primary role of the Transitional Federal Government of Somalia in combating piracy and armed robbery against ships, acknowledges the importance of a comprehensive and sustainable settlement of the situation in Somalia, and emphasizes the need to address the underlying causes of piracy and to assist Somalia and States in the region in strengthening institutional capacity to fight piracy, including the financing or facilitation of acts of piracy, and armed robbery against ships off the coast of Somalia and to bring to justice those involved in such acts;

103

Notes the approval by the International Maritime Organization of the guidelines to assist in the investigation of the crimes of piracy and armed robbery against ships, revised interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel on board ships in the high risk area, revised interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the high risk area, revised interim recommendations for port and coastal States regarding the use of privately contracted armed security personnel on board ships in the high risk area, interim guidance to private maritime security companies providing privately contracted armed security personnel on board ships in the high risk area, and interim guidance for flag States on measures to prevent and mitigate Somalia-based piracy;

104

Also 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 further notes the adoption on 30 November 2011 by the International Maritime Organization of resolution A.1044(27) on piracy and armed robbery against ships in waters off the coast of Somalia;

105

Recalls the adoption on 29 January 2009 of the Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct) under the auspices of the International Maritime Organization, the establishment of the International Maritime Organization Djibouti Code Trust Fund, a multi-donor trust fund initiated by Japan, and the ongoing activities for the implementation of the Code of Conduct;

106

Urges States to ensure the full implementation of resolution A.1044(27) on piracy and armed robbery against ships in waters off the coast of Somalia;

107

Calls upon States that have not yet done so to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,⁴⁴ notes the entry into force on 28 July 2010 of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation⁴⁵ and of the 2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,⁴⁶ invites States that have not yet done so to consider becoming parties to those Protocols, and urges States parties to take appropriate measures to ensure the effective implementation of those instruments through the adoption of legislation, where appropriate;

⁴⁴United Nations, Treaty Series, vol. 1678, No. 29004.

⁴⁵International Maritime Organization, document LEG/CONF.15/21.

⁴⁶International Maritime Organization, document LEG/CONF.15/22.

108

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,⁴⁷ and to work with the International Maritime Organization to promote safe and secure shipping while ensuring freedom of navigation;

⁴⁷International Maritime Organization, documents SOLAS/CONF.5/32 and 34, as well as document MSC 81/25/Add.1, annex 2, resolution MSC.202(81) introducing the long-range identification and tracking of ships system.

109

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;

110

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 Environment 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 industry and other stakeholders in line with article 43 of the Convention, notes with appreciation the convening of the fifth Cooperation Forum, in Singapore on 24 and 25 September 2012, the fifth Project Coordination Committee Meeting, in Singapore on 28 September 2012, and the eighth and ninth Aids to Navigation Fund Committee Meetings, in Malaysia on 10 April 2012, and 13 and 14 December 2012, respectively, the events being key pillars of the Cooperative Mechanism, also notes with appreciation the important role of the Information Sharing Centre of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, based in Singapore, and calls upon States to give immediate attention to adopting, concluding and implementing cooperation agreements at the regional level;

111

Recognizes that some transnational organized criminal activities threaten legitimate uses of the oceans and endanger the lives of people at sea;

112

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;

113

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;⁴⁸

⁴⁸United Nations, Treaty Series, vol. 2225, No. 39574.

114

Calls upon States that have not yet done so to consider becoming parties to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime,⁴⁹ 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,⁵⁰ and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,⁵¹ and to take appropriate measures to ensure their effective implementation;

⁴⁹Ibid., vol. 2241, No. 39574.

⁵⁰Ibid., vol. 2326, No. 39574.

⁵¹Ibid., vol. 2237, No. 39574.

115

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;

116

Welcomes the work of the International Maritime Organization relating to the protection of shipping lanes of strategic importance and significance, and in particular in enhancing safety, security and environmental protection in straits used for international navigation, and calls upon the International Maritime Organization, States bordering straits and user States to continue their cooperation to keep such straits safe, secure and environmentally protected and open to international navigation at all times, consistent with international law, in particular the Convention;

117

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;

118

Calls upon States that have accepted the amendments to regulation XI-1/6 of the International Convention for the Safety of Life at Sea, 1974,⁵² to implement the Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident,⁵³ which took effect on 1 January 2010;

⁵²International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).

⁵³See International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution MSC.255(84).

119

Calls upon States that have not yet done so to consider becoming members of the International Hydrographic Organization, and urges all States to work with that Organization to increase the coverage of hydrographic information on a global basis to enhance capacity-building and technical assistance and to promote safe navigation, 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;

120

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;

121

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;

122

Acknowledges, in the context of paragraph 121 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;

123

Encourages States to draw up plans and to establish procedures to implement the Guidelines on Places of Refuge for Ships in Need of Assistance adopted by the International Maritime Organization on 5 December 2003;⁵⁴

⁵⁴International Maritime Organization, Assembly resolution A.949(23).

124

Invites States that have not yet done so to consider becoming parties to the Nairobi International Convention on the Removal of Wrecks, 2007;⁵⁵

⁵⁵International Maritime Organization, document LEG/CONF.16/19.

125

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;

126

Calls upon States to ensure that masters on ships flying their flag take the steps required by relevant instruments⁵⁶ to provide assistance to persons in distress at sea, and urges States to cooperate and to take all necessary measures to ensure the effective implementation of the amendments to the International Convention on Maritime Search and Rescue⁵⁷ and to the International Convention for the Safety of Life at Sea⁵⁸ 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;⁵⁹

⁵⁶The International Convention for the Safety of Life at Sea, 1974, the International Convention on Maritime Search and Rescue, 1979, as amended, the United Nations Convention on the Law of the Sea, 1982, and the International Convention on Salvage, 1989.

⁵⁷International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).

⁵⁸International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution MSC.153(78).

⁵⁹International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).

127

Recognizes that all States must fulfil their search and rescue responsibilities in accordance with international law, including the Convention, and the ongoing need for the International Maritime Organization and other relevant organizations to assist, in particular, developing States both to increase their search and rescue capabilities, including through the establishment of additional rescue coordination centres and regional 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;⁶⁰

⁶⁰United Nations, Treaty Series, vol. 1405, No. 23489.

128

Welcomes the ongoing work of the International Maritime Organization in relation to disembarkation of persons rescued at sea, and notes in this regard the need to implement all relevant international instruments and the importance of cooperation among States as provided for in those instruments;

129

Invites States to implement the Revised Guidelines on the Prevention of Access by Stowaways and the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases adopted by the International Maritime Organization on 2 December 2010;⁶¹

⁶¹See International Maritime Organization, document MSC 88/26/Add.1, annex 6, resolution MSC.312(88).

130

Calls upon States to continue to cooperate in developing comprehensive approaches to international migration and development, including through dialogue on all their aspects;

131

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;

132

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;

133

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;

134

Affirms the importance of maintenance, including the repair, of submarine cables, undertaken in conformity with international law, as reflected in the Convention;

135

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;

136

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;

137

Recognizes that international shipping rules and standards adopted by the International Maritime Organization in respect of maritime safety, efficiency of navigation and the prevention and control of marine pollution, complemented by best practices of the shipping industry, have led to a significant reduction in maritime accidents and pollution incidents, encourages all States to participate in the Voluntary International Maritime Organization Member State Audit Scheme,⁶² and notes the decision of the International Maritime Organization on a phased-in introduction of the Audit Scheme as an institutionalized process;⁶³

⁶²International Maritime Organization, Assembly resolution A.946(23).

⁶³International Maritime Organization, Assembly resolution A.1018(26).

138

Welcomes the ongoing work of the International Maritime Organization to develop a mandatory code for ships operating in polar waters (the Polar Code), and encourages States and competent international organizations and bodies to support continued efforts to finalize the Polar Code within the agreed framework, with an entry into force as soon as possible;

139

Recognizes that maritime safety can also be improved through effective port State control, the strengthening of regional arrangements and increased coordination and cooperation among them, and increased information-sharing, including among safety and security sectors;

140

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;

X.Marine environment and marine resources

141

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;

142

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,⁶⁴ 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;

⁶⁴See A/51/116, annex II.

143

Notes the work of the Intergovernmental Panel on Climate Change, including its findings on the acidification of oceans, and in this regard encourages States and competent international organizations and other relevant institutions, individually and in cooperation, to urgently pursue further research on ocean acidification, especially programmes of observation and measurement, noting in particular paragraph 4 of decision IX/20 adopted at the ninth meeting of the Conference of the Parties to the Convention on Biological Diversity, held in Bonn, Germany, from 19 to 30 May 2008,⁶⁵ and the continued work of 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;

⁶⁵See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.

144

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;

145

Welcomes, in this regard, the establishment of the Ocean Acidification International Coordination Centre at the International Atomic Energy Agency Environment Laboratories in Monaco;

146

Encourages States, individually or in collaboration with relevant international organizations and bodies, to enhance their scientific activity to better understand the effects of climate change on the marine environment and marine biodiversity and develop ways and means of adaptation, taking into account, as appropriate, the precautionary approach and ecosystem approaches;

147

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;

148

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;

149

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;

150

Encourages States that have not done so to become parties to regional seas conventions addressing the protection and preservation of the marine environment;

151

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;

152

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;

153

Welcomes the activities of the United Nations Environment Programme relating to marine debris carried out in cooperation with relevant United Nations bodies and organizations, and encourages States to further develop partnerships with industry and civil society to raise awareness of the extent of the impact of marine debris on the health and productivity of the marine environment and consequent economic loss;

154

Urges States to integrate the issue of marine debris into national and, as appropriate, regional strategies dealing with waste management in the coastal zone, ports and maritime industries, including recycling, reuse, reduction and disposal, and to encourage the development of appropriate economic incentives to address this issue, including the development of cost-recovery systems that provide an incentive to use port reception facilities and discourage ships from discharging marine debris at sea, and support for measures to prevent, reduce and control pollution from any source, including land-based sources, such as community-based coastal and waterway clean-up and monitoring activities, and encourages States to cooperate regionally and subregionally to identify potential sources and coastal and oceanic locations where marine debris aggregates and to develop and implement joint prevention and recovery programmes for marine debris;

155

Notes the work of the International Maritime Organization to prevent pollution by garbage from ships, and welcomes the adoption of amendments to annex V to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, on the prevention of pollution by garbage from ships, as well as related 2012 Guidelines for the Implementation of annex V;⁶⁶

⁶⁶International Maritime Organization, document MEPC 62/24, annex 13, resolution MEPC.201(62) and document MEPC 63/23/Add.1, annex 24, resolution MEPC.219(63).

156

Also notes the work of the International Maritime Organization to prevent pollution by sewage from ships, welcomes the adoption of amendments to annex IV to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, on the possible establishment of special areas for the prevention of such pollution, and in this regard notes the designation of the Baltic Sea as the first Special Area under annex IV;⁶⁷

⁶⁷International Maritime Organization, document MEPC 62/24, annex 12, resolution MEPC.200(62).

157

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;

158

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), and furthermore to ratify or accede to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004,⁶⁸ thereby facilitating its early entry into force;

⁶⁸International Maritime Organization, document BWM/CONF/36, annex.

159

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;⁶⁹

⁶⁹International Maritime Organization, Assembly resolution A.963(23).

160

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;

161

Notes, in this regard, the adoption of amendments to annexes I, II, IV, V and VI to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto, on regional arrangements for port reception facilities, as well as the 2012 Guidelines for the Development of a Regional Reception Facilities Plan;⁷⁰

⁷⁰International Maritime Organization, document MEPC 63/23/Add.1, annex 20, resolution MEPC.216(63); annex 21, resolution MEPC.217(63); and annex 26, resolution MEPC.221(63).

162

Recognizes that most of the pollution load of the oceans emanates from land-based activities and affects the most productive areas of the marine environment, and calls upon States, as a matter of priority, to implement the Global Programme of Action and to take all appropriate measures to fulfil the commitments of the international community embodied in the Manila Declaration on Furthering the Implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities;⁷¹

⁷¹United Nations Environment Programme, document UNEP(DEPI)/GPA/IGR.3/6, annex.

163

Expresses its concern regarding the spreading of hypoxic dead zones in oceans as a result of eutrophication fuelled by riverine run-off of fertilizers, sewage outfall and reactive nitrogen resulting from the burning of fossil fuels and resulting in serious consequences for ecosystem functioning, and calls upon States to enhance their efforts to reduce eutrophication and, to this effect, to continue to cooperate within the framework of relevant international organizations, in particular the Global Programme of Action;

164

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;

165

Notes the fourth session of the Intergovernmental Negotiating Committee to prepare a global, legally binding instrument on mercury, held in Punta del Este, Uruguay, from 27 June to 2 July 2012, pursuant to the agreement of the twenty-fifth session of the United Nations Environment Programme Governing Council/Global Ministerial Environment Forum;⁷²

⁷²See UNEP/GC.25/17, annex I, decision 25/5.

166

Welcomes the continued work of States, the United Nations Environment Programme and regional organizations in the implementation of the Global Programme of Action, and encourages increased emphasis on the link between fresh water, the coastal zone and marine resources in the implementation of international development goals, including those contained in the United Nations Millennium Declaration,Error: Reference source not found and of the time-bound targets in the Plan of Implementation of the World Summit on Sustainable Development (Johannesburg Plan of Implementation),Error: Reference source not found in particular the target on sanitation, and the Monterrey Consensus of the International Conference on Financing for Development;⁷³

⁷³Report of the International Conference on Financing for Development, Monterrey, Mexico, 18–22 March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex.

167

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,⁷⁴ in which the Contracting Parties agreed, inter alia, that the scope of the London Convention and Protocol includes ocean fertilization activities and that, given the present state of knowledge, ocean fertilization activities other than for legitimate scientific research should not be allowed, and that scientific research proposals should be assessed on a case-by-case basis using an assessment framework to be developed by the scientific groups under the London Convention and Protocol, and also agreed that, to this end, such other activities should be considered as contrary to the aims of the London Convention and Protocol and should not currently qualify for any exemption from the definition of dumping in article III, paragraph 1 (b), of the London Convention and article 1, paragraph 4.2, of the London Protocol;

⁷⁴International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).

168

Also recalls the resolution of the thirty-second Consultative Meeting of Contracting Parties to the London Convention and the fifth Meeting of Contracting Parties to the London Protocol, held from 11 to 15 October 2010, on the Assessment Framework for Scientific Research Involving Ocean Fertilization;⁷⁵

⁷⁵International Maritime Organization, document LC 32/15, annex 5, resolution LC-LP.2 (2010).

169

Further recalls the holding of the thirty-fourth Consultative Meeting of Contracting Parties to the London Convention and the seventh Meeting of Contracting Parties to the London Protocol from 29 October to 2 November 2012, and the statement of Contracting Parties that they will continue to work 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 the London Protocol and have the potential to cause harm to the marine environment;Error: Reference source not found

170

Recalls decision IX/16 C adopted at the ninth meeting of the Conference of the Parties to the Convention on Biological Diversity,Error: Reference source not found 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 2010,⁷⁶ in which the Conference of the Parties requested parties to implement decision IX/16 C;

⁷⁶See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.

171

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;

172

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:

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;

Also notes that ecosystem approaches to ocean management should be focused on managing human activities in order to maintain and, where needed, restore ecosystem health to sustain goods and environmental services, provide social and economic benefits for food security, sustain livelihoods in support of international development goals, including those contained in the Millennium Declaration, and conserve marine biodiversity;

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 Diversity⁷⁷ 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;

⁷⁷United Nations, Treaty Series, vol. 1760, No. 30619.

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;

173

Recalls that in “The future we want”, States committed 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;

174

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;

175

Invites States, in particular those States with advanced technology and marine capabilities, to explore prospects for improving cooperation with and assistance to developing States, in particular least developed countries and small island developing States, as well as coastal African States, with a view to better integrating into national policies and programmes sustainable and effective development in the marine sector;

176

Notes the information compiled by the Secretariat⁷⁸ in relation to the assistance available to and measures that may be taken by developing States, in particular the least developed countries and small island developing States, as well as coastal African States, to realize the benefits of sustainable and effective development of marine resources and uses of the oceans, as provided by States and competent international organizations and global and regional funding agencies, and urges them to provide information for the annual report of the Secretary-General and for incorporation on the website of the Division;

⁷⁸A/63/342.

177

Encourages States that have not yet done so to consider ratifying or acceding to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, to facilitate its early entry into force;⁷⁹

⁷⁹See International Maritime Organization, document SR/CONF/45.

178

Takes note of the role of the Basel ConventionError: Reference source not found in protecting the marine environment against the adverse effects which may result from such wastes;

179

Notes with concern the potential for serious environmental consequences resulting from oil spill incidents, 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;

XI.Marine biodiversity

180

Reaffirms its central role relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, notes the work of States and relevant intergovernmental organizations and bodies on those issues, and invites them to contribute to its consideration of these issues within the areas of their respective competence;

181

Welcomes the first meeting of the Ad Hoc Open-ended Informal Working Group, convened in New York from 7 to 11 May 2012, in accordance with paragraph 168 of resolution 66/231, within the process initiated by the General Assembly in resolution 66/231, with a view to ensuring that the legal framework for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction effectively addresses those issues by identifying gaps and ways forward, including through the implementation of existing instruments and the possible development of a multilateral agreement under the Convention, takes note of the exchange of views at that meeting and endorses its recommendations,⁸⁰ and recalls that in “The future we want”, States committed to address, on an urgent basis, building on the work of the Working Group and before the end of the sixty-ninth session of the Assembly, the issue of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including by taking a decision on the development of an international instrument under the Convention;

⁸⁰A/67/95, annex.

182

Decides that some of the aspects discussed at the meeting of the Ad Hoc Open-ended Informal Working Group, as reflected in the summary of discussions of the Co-Chairs, will be further addressed in intersessional workshops that will take place in 2013, and requests the Secretary-General to convene, within existing resources, two two-day intersessional workshops before the next meeting of the Working Group, on 2 and 3 and 6 and 7 May 2013, on the topics and in accordance with the modalities set out in the terms of reference as agreed by the Working Group and annexed to the present resolution, with a view to improving understanding of the issues and clarifying key questions as an input to the work of the Working Group;

183

Requests the Ad Hoc Open-ended Informal Working Group, at its next meeting, to continue to consider, together and as a whole, all issues under its mandate, taking into account the discussions at its meeting in 2012, as well as the input of the intersessional workshops to its work, and provide recommendations to the General Assembly at its sixty-eighth session to make progress on ways forward to fulfil the mandate provided for in paragraph 167 of resolution 66/231, in the light of paragraph 162 of “The future we want” and paragraph 181 of the present resolution;

184

Requests the Secretary-General to convene, with full conference services, a meeting of the Ad Hoc Open-ended Informal Working Group, to take place from 19 to 23 August 2013, to provide recommendations to the General Assembly at its sixty-eighth session, and requests the Secretary-General to make every effort to meet the requirement for full conference services within existing resources;

185

Also requests the Secretary-General to use existing trust funds through earmarked contributions to facilitate the participation of panellists and representatives from developing countries, in particular least developed countries, small island developing States and landlocked developing States, in the intersessional workshops, and invites Member States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make financial contributions to these trust funds and to make other contributions to the intersessional workshops referred to in paragraph 182 of the present resolution;

186

Recognizes the abundance and diversity of marine genetic resources and their value in terms of the benefits, goods and services they can provide;

187

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;

188

Encourages States and international organizations, including through bilateral, regional and global cooperation programmes and partnerships, to continue in a sustainable and comprehensive way to support, promote and strengthen capacity-building activities, in particular in developing countries, in the field of marine scientific research, taking into account, in particular, the need to create greater taxonomic capabilities;

189

Notes the work under the Jakarta Mandate on Marine and Coastal Biological Diversity⁸¹ and the Convention on Biological Diversity elaborated programme of work on marine and coastal biological diversity,⁸² and, while reiterating the central role of the General Assembly relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, notes with appreciation the complementary technical and scientific work done by the Conference of the Parties to the Convention on Biological Diversity;

⁸¹See A/51/312, annex II, decision II/10.

⁸²United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.

190

Reaffirms the need for States, individually or through competent international organizations, to urgently consider ways to integrate and improve, based on the best available scientific information and the precautionary approach and in accordance with the Convention and related agreements and instruments, the management of risks to the marine biodiversity of seamounts, cold water corals, hydrothermal vents and certain other underwater features;

191

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;

192

Calls upon States to strengthen, in a manner consistent with international law, in particular the Convention, the conservation and management of marine biodiversity and ecosystems and national policies in relation to marine protected areas;

193

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;Error: Reference source not found

194

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;

195

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;

196

Notes the work of States, relevant intergovernmental organizations and bodies, including the Convention on Biological Diversity, in the assessment of scientific information on and compilation of ecological criteria for the identification of marine areas that may require protection, in the light of the objective of the World Summit on Sustainable Development to develop and facilitate the use of diverse approaches and tools, such as ecosystem approaches and the establishment of marine protected areas consistent with international law, as reflected in the Convention, and based on scientific information, including representative networks;Error: Reference source not found

197

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,⁸³ takes note of the ongoing work of the Convention on Biological Diversity in this regard, and 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;

⁸³See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I, decision IX/20, annexes I and II.

198

Acknowledges the Micronesia Challenge, the Eastern Tropical Pacific Seascape project, the Caribbean Challenge and the Coral Triangle Initiative, which in particular seek to create and link domestic marine protected areas to better facilitate ecosystem approaches, and reaffirms the need for further international cooperation, coordination and collaboration in support of such initiatives;

199

Takes note of the efforts of the Sargasso Sea Alliance, led by the Government of Bermuda, to raise awareness of the ecological significance of the Sargasso Sea;

200

Reiterates its support for the International Coral Reef Initiative, notes the International Coral Reef Initiative General Meeting, held in Cairns, Australia, from 16 to 19 July 2012, 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;

201

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;

202

Encourages States and relevant international institutions to improve efforts to address coral bleaching by, inter alia, improving monitoring to predict and identify bleaching events, supporting and strengthening action taken during such events and improving strategies to manage reefs to support their natural resilience and enhance their ability to withstand other pressures, including ocean acidification;

203

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;

204

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;

205

Notes that ocean noise is a potential threat to 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, 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;

XII.Marine science

206

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;

207

Encourages, in that regard, relevant international organizations and other donors to consider supporting the Endowment Fund of the International Seabed Authority in order to promote the conduct of collaborative marine scientific research in the international seabed area by supporting the participation of qualified scientists and technical personnel from developing countries in relevant programmes, initiatives and activities;

208

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;

209

Takes note with appreciation of 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;

210

Notes with appreciation the work of the Advisory Body of Experts, including its work in cooperation with the Division, on the practice of member States related to marine scientific research and transfer of marine technology within the framework of the Convention, and welcomes the decision by the forty-fifth session of the Executive Council of the Intergovernmental Oceanographic Commission, held in Paris from 26 to 28 June 2012, that the Advisory Body will continue its work focused on priorities as tasked by Intergovernmental Oceanographic Commission governing bodies in line with the terms of reference, mobilizing extrabudgetary resources when necessary;

211

Recalls the issuance of the revised publication entitled Marine Scientific Research: A guide to the implementation of the relevant provisions of the United Nations Convention on the Law of the Sea in December 2010, and requests the Secretariat to continue to make efforts to publish the guide in all official languages of the United Nations;

212

Notes the contribution of the Census of Marine Life to marine biodiversity research, including through its report entitled “First Census of Marine Life 2010: Highlights of a Decade of Discovery”;

213

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;Error: Reference source not found

214

Stresses the importance of increasing the scientific understanding of the oceans-atmosphere interface, including through participation in ocean observing programmes and geographic information systems, such as the Global Ocean Observing System, sponsored by the Intergovernmental Oceanographic Commission, the United Nations Environment Programme, the World Meteorological Organization and the International Council for Science, particularly considering their role in monitoring and forecasting climate change and variability and in the establishment and operation of tsunami warning systems;

215

Takes note with appreciation of the progress made by the Intergovernmental Oceanographic Commission and Member States towards the establishment of regional and national tsunami warning and mitigation systems, welcomes the continued collaboration of the United Nations and other intergovernmental organizations in this effort, and encourages Member States to establish and sustain their national warning and mitigation systems, within a global, ocean-related multi-hazard approach, as necessary, to reduce loss of life and damage to national economies and strengthen the resilience of coastal communities to natural disasters;

216

Stresses the need for continued efforts in developing mitigation and preparedness measures for natural disasters, particularly following tsunami events caused by earthquakes, such as the 11 March 2011 event in Japan;

217

Urges States to take necessary action and to cooperate in relevant organizations, including the Food and Agriculture Organization of the United Nations, the Intergovernmental Oceanographic Commission and the World Meteorological Organization, to address damage to ocean data buoys deployed and operated in accordance with international law, including through education and outreach about the importance and purpose of these buoys, and by strengthening these buoys against such damage, and increasing reporting of such damage;

XIII.Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects

218

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;

219

Welcomes the third meeting of the Ad Hoc Working Group of the Whole on the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects, convened in New York from 23 to 27 April 2012, in accordance with paragraph 208 of resolution 66/231;

220

Endorses the recommendations adopted by the Ad Hoc Working Group of the Whole at its third meeting;Error: Reference source not found

221

Reaffirms the principles guiding the Regular Process and the objective and scope of its first cycle (2010–2014) as agreed upon at the first meeting of the Ad Hoc Working Group of the Whole in 2009;⁸⁴

⁸⁴See A/64/347, annex.

222

Adopts the outline for the first global integrated marine assessment of the Regular Process, and the terms of reference and working methods for the Group of Experts of the Regular Process;Error: Reference source not found

223

Urges the Group of Experts to finalize the guidance for contributors as soon as possible and, subject to the approval of the Ad Hoc Working Group of the Whole or its Bureau, to enable the pool of experts to start work on the preparation of the first global integrated marine assessment as soon as possible;

224

Requests the members of the Group of Experts, who have served in the Group of Experts during the first phase of the first assessment cycle pursuant to paragraph 209 of resolution 65/37 A, to continue serving in the Group of Experts for the second phase of the first assessment cycle;

225

Welcomes the development and operation of the website of the Regular Process, under the auspices of the United Nations, addressing the communication requirements of the Regular Process and facilitating the use of appropriate data handling and information schemes for the work of the Group of Experts and the pool of experts;

226

Takes note of the revised draft timetable for the first global integrated marine assessment, the summaries of the workshops held in Santiago from 13 to 15 September 2011, in Sanya, China, from 21 to 23 February 2012,Error: Reference source not found and in Brussels, from 27 to 29 June 2012,⁸⁵ and the report on the preliminary inventory of capacity-building for assessments;Error: Reference source not found

⁸⁵A/67/679, annex.

227

Requests the Secretary-General to bring the preliminary inventory of capacity-building for assessments to the attention of Member States, heads of the specialized agencies, funds and programmes of the United Nations and other relevant intergovernmental organizations engaged in activities relating to capacity-building for assessment of the state of the marine environment, including socioeconomic aspects, as well as funding institutions, and invite their contribution to the preliminary inventory on existing opportunities and arrangements for capacity-building for assessments;

228

Takes note of the need to identify capacity-building in the context of the Regular Process, and recommends that the Ad Hoc Working Group of the Whole further consider an approach on how to contribute to the promotion and facilitation of capacity-building through international cooperation, making full use of existing opportunities and arrangements for capacity-building;

229

Welcomes the appointment of the members of the bureau of the Ad Hoc Working Group of the Whole, namely, Argentina, Bulgaria, Chile, China, Ecuador, Estonia, Ghana, Greece, Kenya, the Republic of Korea, Spain, Sri Lanka, Ukraine, the United Republic of Tanzania and the United States of America;

230

Recommends that workshops be organized at the earliest possible opportunity in order to inform the first cycle of the Regular Process, welcomes the holding of the workshops in Sanya, in Brussels, and in Miami, United States of America, from 13 to 15 November 2012, invites other States to host such workshops, and in this regard notes with appreciation the offer made by Mozambique to host a workshop for the Western Indian Ocean on 6 and 7 December 2012, and the offer made by Australia to host a workshop for the South-West Pacific from 25 to 27 February 2013;

231

Requests the Secretary-General to convene the fourth meeting of the Ad Hoc Working Group of the Whole from 22 to 26 April 2013 with a view to enabling the first cycle of the first global integrated marine assessment to proceed, and to provide recommendations to the General Assembly at its sixty-eighth session;

232

Recalls that the Regular Process, as established under the United Nations, is accountable to the General Assembly and is an intergovernmental process guided by international law, including the Convention and other applicable international instruments, and takes into account relevant Assembly resolutions;

233

Emphasizes that the second phase of the first cycle of the Regular Process will start on 1 January 2013 and that the deadline for the first integrated assessment is 2014;

234

Recalls that in “The future we want”, States expressed their support for the Regular Process, looked forward to the completion of its first global integrated assessment of the state of the marine environment by 2014 and its subsequent consideration by the General Assembly, and encouraged consideration by States of the assessment findings at appropriate levels;

235

Requests the secretariat of the Regular Process to send the first draft of the first global integrated marine assessment to Member States for comments from June to August 2014, and decides that the Group of Experts shall revise the assessment in the light of the comments received and that, once revised, the draft shall be presented to the bureau of the Ad Hoc Working Group of the Whole, together with the comments received, and that, with the approval of the bureau, the assessment shall be transmitted for consideration by the Working Group and for final approval by the General Assembly in 2015;

236

Notes with appreciation the nominations received to date, urges States to continue to appoint individuals to the pool of experts of the Regular Process, through the regional groups, in accordance with the criteria for the appointment of experts, to support the work of the Group of Experts in the preparation of the first global integrated marine assessment, requests the secretariat, in consultation with the bureau, to send invitations to Member States to appoint experts, and requests the members of the bureau to engage States in their regional groups and encourage the nomination of individuals to the pool of experts as soon as possible;

237

Invites the Intergovernmental Oceanographic Commission, the United Nations Environment Programme, the International Maritime Organization, the Food and Agriculture Organization of the United Nations and other competent United Nations specialized agencies, as appropriate, to continue to provide technical and scientific support to the Regular Process;

238

Requests the secretariat of the Regular Process to convene meetings of the Group of Experts in accordance with the revised draft timetable for the first global integrated marine assessment, subject to the availability of resources;

239

Notes with appreciation the support provided by the Division to the Regular Process, and also notes with appreciation the technical and logistical support of the United Nations Environment Programme and the Intergovernmental Oceanographic Commission;

240

Notes the recommendation made by the Ad Hoc Working Group of the Whole,Error: Reference source not found and decides to continue its consideration of any need to strengthen the capacity of the Division, as the secretariat of the Regular Process;

241

Notes with appreciation the contribution made to the voluntary trust fund for the purpose of supporting the operations of the first five-year cycle of the Regular Process, expresses its serious concern regarding the limited resources available in the trust fund, and urges Member States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make financial contributions to the fund established pursuant to paragraph 183 of resolution 64/71 and to make other contributions to the Regular Process;

242

Invites States and the agencies referred to in paragraph 213 of resolution 66/231 to make every effort to respond promptly to communications from the secretariat of the Regular Process and the Group of Experts;

XIV.Regional cooperation

243

Notes that there have been a number of initiatives at the regional level, in various regions, to further the implementation of the Convention, also notes in that context the Caribbean-focused Assistance Fund, which is intended to facilitate, mainly through technical assistance, the voluntary undertaking of maritime delimitation negotiations between Caribbean States, notes once again the Fund for Peace: Peaceful Settlement of Territorial Disputes, established by the General Assembly of the Organization of American States in 2000 as a primary mechanism, given its broader regional scope, for the prevention and resolution of pending territorial, land border and maritime boundary disputes, and calls upon States and others in a position to do so to contribute to these funds;

244

Notes with appreciation efforts at the regional level to further the implementation of the Convention and respond, including through capacity-building, to issues related to maritime safety and security, the conservation and sustainable use of living marine resources, the protection and preservation of the marine environment and the conservation and sustainable use of marine biodiversity;

245

Notes the convening in 2014 of the Third International Conference on Small Island Developing States, and recognizes the importance of coordinated, balanced and integrated actions to address the sustainable development challenges facing small island developing States, including challenges relating to the conservation and sustainable use of marine resources and the preservation of the marine environment;

246

Invites States and international organizations to enhance their cooperation to better protect the marine environment, and in this respect welcomes the memorandum of understanding for enhanced cooperation, concluded between the Commission for the Protection of the Marine Environment of the North-East Atlantic, the North East Atlantic Fisheries Commission, the International Seabed Authority and the International Maritime Organization;

247

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, encourages States and scientific communities to strengthen their cooperation in this respect, and notes the holding of the International Polar Year “From Knowledge to Action” Conference, in Montreal, Canada, from 22 to 27 April 2012;

248

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;

249

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;

250

Acknowledges relevant cooperation among the members of the Zone of Peace and Cooperation of the South Atlantic;

251

Also acknowledges the adoption of the “Galapagos commitment for the twenty-first century”, on the occasion of the sixtieth anniversary of the establishment of the Permanent Commission for the South Pacific, as a renewed commitment to regional cooperation among its member States, to respond to their common new and emerging challenges related to oceans and the law of the sea;

XV.Open-ended Informal Consultative Process on Oceans and the Law of the Sea

252

Welcomes the report of the Co-Chairs on the work of the Informal Consultative Process at its thirteenth meeting, which focused on marine renewable energies;Error: Reference source not found

253

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,Error: Reference source not found and that the perspective of the three pillars of sustainable development should be further enhanced in the examination of the selected topics;

254

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;

255

Also welcomes efforts to improve and focus the work of the Informal Consultative Process, and in that respect recognizes the primary role of the Informal Consultative Process in integrating knowledge, the exchange of opinions among multiple stakeholders and coordination among competent agencies, and enhancing awareness of topics, including emerging issues, while promoting the three pillars of sustainable development, and recommends that the Informal Consultative Process devise a transparent, objective and inclusive process for the selection of topics and panellists so as to facilitate the work of the General Assembly during informal consultations concerning the annual resolution on oceans and the law of the sea;

256

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;

257

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 sixty-ninth session;

258

Requests the Secretary-General to convene, in accordance with paragraphs 2 and 3 of resolution 54/33, the fourteenth meeting of the Informal Consultative Process, in New York from 17 to 20 June 2013, to provide it with the necessary facilities for the performance of its work and to arrange for support to be provided by the Division, in cooperation with other relevant parts of the Secretariat, as appropriate;

259

Expresses its continued serious concern regarding the lack of resources available in the voluntary trust fund established by resolution 55/7 for the purpose of assisting developing countries, in particular least developed countries, small island developing States and landlocked developing States, in attending the meetings of the Informal Consultative Process, and urges States to make additional contributions to the trust fund;

260

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 by resolution 55/7 in order to cover the costs of their travel, and shall also be eligible to receive daily subsistence allowance subject to the availability of funds after the travel costs of all other eligible representatives from those countries mentioned in paragraph 259 above have been covered;

261

Also 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 fourteenth meeting on the impacts of ocean acidification on the marine environment;

XVI.Coordination and cooperation

262

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;

263

Encourages bodies established by the Convention to strengthen coordination and cooperation, as appropriate, in fulfilling their respective mandates;

264

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;

265

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;

266

Notes the Oceans Compact initiative of the Secretary-General, and its goal of “Healthy oceans for prosperity”, and requests the Secretary-General to undertake open and regular consultations with Member States on all aspects of that initiative;

267

Also notes the review of UN-Oceans by the Joint Inspection Unit,⁸⁶ decides that the draft terms of reference for its work submitted by UN-Oceans to the General Assembly will be considered by the Assembly at its sixty-eighth session with a view to reviewing the mandate of UN-Oceans and approving the terms of reference, taking into account the need to strengthen the central role of the Division and the need to enhance transparency and reporting of the activities of UN-Oceans to Member States, requests the Secretary-General, to that end, to bring the comments submitted by Member States to the attention of UN-Oceans, and requests UN-Oceans to draft revised draft terms of reference for its work for consideration and approval by the Assembly at its sixty-eighth session;

⁸⁶See A/67/400.

XVII.Activities of the Division for Ocean Affairs and the Law of the Sea

268

Expresses its appreciation to the Secretary-General for the annual report on oceans and the law of the sea, prepared by the Division, as well as for the other activities of the Division, which reflect the high standard of assistance provided to Member States by the Division;

269

Notes with satisfaction the fourth observance by the United Nations of World Oceans Day on 8 June 2012, recognizes with appreciation the efforts deployed by the Division in organizing its celebration, and invites the Division to continue to promote and facilitate international cooperation on the law of the sea and ocean affairs in the context of the future observance of World Oceans Day, as well as through its participation in other events;

270

Requests the Secretary-General to continue to carry out the responsibilities and functions entrusted to him in the Convention and by the related resolutions of the General Assembly, including resolutions 49/28 and 52/26, and to ensure the allocation of appropriate resources to the Division for the performance of its activities under the approved budget for the Organization;

271

Also requests the Secretary-General to continue the publication activities of the Division, in particular through the publication of The Law of the Sea: A Select Bibliography and the Law of the Sea Bulletin;

XVIII.Sixty-eighth session of the General Assembly

272

Requests the Secretary-General to prepare a report for consideration by the General Assembly at its sixty-eighth session on developments and issues relating to ocean affairs and the law of the sea, including the implementation of the present resolution, in accordance with resolutions 49/28, 52/26 and 54/33, and to make the section of the report related to the topic that is the focus of the fourteenth meeting of the Informal Consultative Process available at least six weeks in advance of the meeting of the Informal Consultative Process;

273

Emphasizes the critical role of the annual report of the Secretary-General, which integrates information on developments relating to the implementation of the Convention and the work of the Organization, its specialized agencies and other institutions in the field of ocean affairs and the law of the sea at the global and regional levels, and as a result constitutes the basis for the annual consideration and review of developments relating to ocean affairs and the law of the sea by the General Assembly as the global institution having the competence to undertake such a review;

274

Notes that the report referred to in paragraph 272 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;

275

Also notes the desire to further improve the efficiency of and effective participation of delegations in the informal consultations concerning the annual General Assembly resolution on oceans and the law of the sea, decides that the period of the informal consultations on that resolution should not exceed a maximum of two weeks in total and that the consultations should be scheduled in such a way that the Division has sufficient time to produce the report referred to in paragraph 272 above, and invites States to submit text proposals for inclusion in the resolution to the Coordinator of the informal consultations at the earliest possible date;

276

Decides to include in the provisional agenda of its sixty-eighth session the item entitled “Oceans and the law of the sea”.

Terms of reference for the intersessional workshops

Purpose

As decided by the General Assembly in paragraph 167 of its resolution 66/231, an intersessional workshop process will be initiated aimed at improving understanding of the issues related to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction and clarifying key questions as an input to the work 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.

Pursuant to that decision, two two-day workshops will be convened by the Secretary-General at United Nations Headquarters in the first half of 2013, from within existing resources.

These terms of reference are intended to clarify how the intersessional workshops will be organized.

Chairs

The two workshops will be chaired by the Co-Chairs of the Ad Hoc Open-ended Informal Working Group.

Participation

The workshops will be open to all States Members of the United Nations, States members of the specialized agencies, all parties to the United Nations Convention on the Law of the Sea, entities that have received a standing invitation to participate as observers in the work of the General Assembly pursuant to its relevant resolutions, competent specialized agencies, funds and programmes of the United Nations, other competent intergovernmental organizations, and relevant non-governmental organizations and other stakeholders, in accordance with the established practice of the United Nations.

Format

The workshops will be organized in panels focusing on the relevant aspects of the selected topics outlined below.

Panel presentations will be delivered by experts recognized in their field, who shall serve in their personal expert capacities. Experts will be selected having due regard to the need to ensure equitable geographical representation as well as a balanced representation of all relevant areas of expertise to cover the subjects of the workshops. The selection of the panellists will be conducted by the Co-Chairs, in consultation with Member States.

Topics

The workshops will address the following topics for the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction:

Marine genetic resources, including:

• Meaning and scope

• Extent and types of research, uses and applications

• Technological, environmental, social and economic aspects

• Access-related issues

• Types of benefits and benefit-sharing

• Intellectual property rights issues

• Global and regional regimes on genetic resources, experiences and best practices

• Impacts on and challenges to marine biodiversity beyond areas of national jurisdiction

• Exchange of information on research programmes regarding marine biodiversity in areas beyond national jurisdiction

Conservation and management tools, including area-based management and environmental impact assessments, including:

• Types of area-based management tools

• Key ecosystem functions and processes in areas beyond national jurisdiction

• Assessments of sectoral and cumulative impacts

• Technological, environmental, social and economic aspects

• Existing regimes, experiences and best practices

• New and emerging uses of and experimental activities in areas beyond national jurisdiction

• Impacts on and challenges to marine biodiversity beyond areas of national jurisdiction

• Exchange of information on research programmes regarding marine biodiversity in areas beyond national jurisdiction.

The workshops will also consider issues related to international cooperation and coordination, as well as capacity-building and the transfer of marine technology.

Output

The output of the workshops will consist of a summary of proceedings prepared by the Co-Chairs for transmittal as an input to the work of the Ad Hoc Open-ended Informal Working Group.

An electronic copy of the summary, presentations and additional materials provided by the experts will be posted on the website of the Division for Ocean Affairs and the Law of the Sea.

Who adopted this document and its mandates?

What other versions does this mandate have?

Who cites this mandate in the budget?

Who cites this mandate in the budget?

Which reports were submitted under this mandate?

What subjects does this mandate have?

What’s in this document?

I.Implementation of the Convention and related agreements and instruments

II.Capacity-building

III.Meeting of States Parties

IV.Commemoration of the thirtieth anniversary of the opening for signature of the Convention

V.Peaceful settlement of disputes

VI.The Area

VII.Effective functioning of the Authority and the Tribunal

VIII.The continental shelf and the work of the Commission

IX.Maritime safety and security and flag State implementation

X.Marine environment and marine resources

XI.Marine biodiversity

XII.Marine science

XIII.Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects

XIV.Regional cooperation

XV.Open-ended Informal Consultative Process on Oceans and the Law of the Sea

XVI.Coordination and cooperation

XVII.Activities of the Division for Ocean Affairs and the Law of the Sea

XVIII.Sixty-eighth session of the General Assembly

Table of contents

Who cites this mandate in the budget?