Oceans and the Law of the Sea

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 78a Oceans and the law of the sea, published in 2021.

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

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?

13 subjects

Biological Diversity Capacity Building Conferences Continental Shelf Dispute Settlement Law of the Sea Marine Environment Marine Resources Marine Sciences Maritime Safety Oceans Regional Cooperation Seabed Resources

What’s in this document?

379 operative paragraphs

I.Implementation of the Convention and related agreements and instruments

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

Calls upon all States that have not done so, in order to fully achieve the goal of universal participation, to become parties to the Convention and the Part XI Agreement;

Calls upon States that have not done so, in order to achieve the goal of universal participation, to become parties to the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the Fish Stocks Agreement);²⁴

²⁴Ibid., 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;

Notes, in this regard, the ongoing efforts of the Secretary-General to improve the existing geographic information system for the deposit by States of charts and geographical coordinates concerning maritime zones, including lines of delimitation, submitted pursuant to the Convention, and to give due publicity thereto, also notes the ongoing cooperation and progress achieved in the development by the International Hydrographic Organization, in cooperation with the Division, of the technical standards for the collection, storage and dissemination of the information deposited, which are not legally binding, in order to ensure compatibility among geographic information systems, electronic nautical charts and other systems, and re-emphasizes the importance of the completion of these efforts through wide participation and reviews by Member States;

Also notes that the note on the practice of the Secretary-General in respect of the deposit of charts and/or lists of geographical coordinates of points under the Convention²⁵ was submitted by the Secretariat to the thirtieth Meeting of States Parties to the Convention, in 2020, and that the Guidelines on deposit with the Secretary-General of charts and lists of geographical coordinates of points under the United Nations Convention on the Law of the Sea were prepared by the Secretariat;²⁶

²⁵SPLOS/30/12.

²⁶Available at https://www.un.org/Depts/los/doalos_publications/publicationstexts/ DepositGuidelinesEnglish.pdf.

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 recent deposit of instruments of ratification of the 2001 Convention on the Protection of the Underwater Cultural Heritage,²⁷ calls upon States that have not yet done so to consider becoming parties to that Convention, and notes in particular the rules annexed to that Convention, which address the relationship between salvage law and scientific principles of management, conservation and protection of underwater cultural heritage among Parties, their nationals and vessels flying their flag;

²⁷United Nations, Treaty Series, vol. 2562, No. 45694.

II.Capacity-building

Recognizes the importance of assisting developing States, in particular the least developed countries, landlocked developing countries and small island developing States, as well as coastal African States, in implementing the Convention, urges States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make voluntary financial or other contributions to the trust funds, as referred to in resolutions 55/7, 57/141, and 64/71 of 4 December 2009, established for this purpose, and expresses its appreciation to those that have contributed;²⁸

²⁸See www.un.org/Depts/los/general_assembly/TrustFunds.pdf.

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

Also emphasizes the need to address the particular challenges faced by developing middle-income countries through capacity-building;

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;

Recalls, in this regard, that, in “The future we want”, States recognized the importance of building the capacity of developing countries to be able to benefit from the conservation and sustainable use of the oceans and seas and their resources, and in this regard emphasized the need for cooperation in marine scientific research to implement the provisions of the Convention and the outcomes of the major summits on sustainable development, as well as for the transfer of technology, taking into account the Criteria and Guidelines on the Transfer of Marine Technology adopted by the Assembly of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization at its twenty-second session, in 2003;

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 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 aids to navigation and search and rescue services, hydrographic services and the production of nautical charts, including electronic charts, as well as the mobilization of resources and building of capacity with support from international financial institutions and the donor community;

Calls upon States and international organizations, including through bilateral, regional and global cooperation programmes, technical partnerships and fellowships, to continue in a sustainable and comprehensive way to support, promote and strengthen capacity-building activities, in particular in developing countries, in the field of marine scientific research by, inter alia, training personnel to develop and enhance relevant expertise, providing the necessary equipment, facilities and vessels and transferring environmentally sound technologies, and taking into account the need to improve capacities in the field of taxonomy;

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

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

Recognizes that promoting the voluntary transfer of technology is an essential aspect of building capacity in marine science, encourages States to use the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, and recalls the important role of the secretariat of that Commission in the implementation and promotion of the Criteria and Guidelines;

Calls upon States and international institutions, including through bilateral, regional and global cooperation programmes, technical partnerships and fellowships, to develop and strengthen capacity-building activities in and to transfer to developing countries, in particular least developed countries and small island developing States, on mutually agreed terms, and taking into account the Criteria and Guidelines on the Transfer of Marine Technology, environmentally sound technologies to study and minimize the impacts of ocean acidification;

Notes the international scientific cooperation through the Ocean Acidification International Coordination Centre of the International Atomic Energy Agency and within the Global Ocean Acidification Observing Network, and their respective efforts in building scientific capacity for ocean acidification monitoring, research and experimentation, including through the Pier2Peer scientific mentorship programme;

Recognizes the ongoing activities of the secretariat of the Convention on Biological Diversity in coordinating capacity-building efforts to support developing States in achieving the Aichi Biodiversity Targets in marine and coastal areas;²⁹

²⁹See United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I, and Conference of the Parties to the Convention on Biological Diversity decision XII/23, paras. 19−22.

Emphasizes the need to focus on strengthening South-South cooperation as an additional way to build capacity and as a cooperative mechanism to further enable countries to set their own priorities and needs and to foster actions to implement such cooperation;

Recognizes with appreciation the important contribution to capacity-building in the field of the law of the sea by the Rhodes Academy of Oceans Law and Policy, a cooperative undertaking by the University of Virginia School of Law, the Aegean Institute of the Law of the Sea and Maritime Law, the Law of the Sea Institute of Iceland, the Max Planck Foundation for International Peace and the Rule of Law, the Netherlands Institute for the Law of the Sea of Utrecht University, the Centre for International Law of the National University of Singapore, and the University of New Hampshire School of Marine Science and Ocean Engineering, which enjoys associate sponsorship of the Korea Maritime Institute and the Ankara University National Center for the Sea and Maritime Law and offers a prominent three-week summer course annually in Rhodes, Greece, and has graduated 998 students from more than 120 countries;

Also recognizes with appreciation the important contribution to capacity-building in the field of the law of the sea by the Summer Academy of the International Foundation for the Law of the Sea at the Tribunal;

Further recognizes with appreciation the important contribution of the Korea Maritime Institute to the trust fund to support the internship programmes at the Tribunal since 2011 and its continued efforts, in cooperation with the Ministry of Oceans and Fisheries of the Republic of Korea, to provide education and training for capacity-building of developing countries through the Yeosu Academy of the Law of the Sea programme;

Recognizes the holding of the regional courses on the continental shelf in Arusha, United Republic of Tanzania, jointly organized by the African Institute of International Law and the University of the Faroe Islands, and their continuing important contribution to capacity-building, particularly in developing countries;

Also recognizes the importance of the work of the Malta-based International Maritime Law Institute of the International Maritime Organization, as a centre of education and training of specialists in maritime law, including government legal advisers and other high-level officials, mainly from developing States, confirms its effective capacity-building role in the field of international maritime law, shipping law and marine environmental law, and urges States, intergovernmental organizations and financial institutions to make voluntary financial contributions to the budget of the Institute which runs annually;

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

Welcomes the efforts of the Tribunal in holding regional workshops, including the latest workshop on the role of the Tribunal in the settlement of disputes relating to the law of the sea for the Latin American region, held in Montevideo on 13 and 14 November 2019, in cooperation with the Government of Uruguay and the Korea Maritime Institute;

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

Recognizes the considerable need to provide sustained capacity-building assistance, including on financial and technical aspects, by relevant international organizations and donors to developing States, with a view to further strengthening their capacity to take effective measures against the multiple facets of international criminal activities at sea, in line with the relevant international instruments, including the United Nations Convention against Transnational Organized Crime and the Protocols thereto;³⁰

³⁰United Nations, Treaty Series, 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 of all kinds, in particular from land-based activities and marine debris and nutrient pollution;³¹

³¹See 2012 Guidelines for the Development of a Regional Reception Facilities Plan, International Maritime Organization, resolution MEPC.221(63).

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

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

Takes note of the second edition of the Global Ocean Science Report of the Intergovernmental Oceanographic Commission, which assesses the status of and trends in ocean science capacity around the world;

Also takes note of the Capacity Development Strategy (2015–2023) of the Intergovernmental Oceanographic Commission, which takes into account that capacity development is a fundamental tenet of the mission of the Intergovernmental Oceanographic Commission;

Expresses its appreciation for the contribution of the Intergovernmental Oceanographic Commission to capacity-building through its Ocean Teacher Global Academy training system, which has provided training in ocean data and information management, and notes the setting up of the Ocean Teacher Global Academy, operating through a network of regional training centres, which builds capacity and promotes expertise available in developing countries;

Welcomes the establishment by the Assembly of the Intergovernmental Oceanographic Commission at its twenty-ninth session of the Group of Experts on Capacity Development and, in particular, its invitation to the Group of Experts in decision IOC-XXX/11.1 to continue the assessment of the capacity development needs of the Intergovernmental Oceanographic Commission member States and its decision, in decision IOC/A-31/3.5.3, to include, in the revised terms of reference of the Group of Experts, advising the Assembly on the Transfer of Marine Technology Clearing House Mechanism as requested by the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, making use, to the largest extent possible, of existing data and information systems and building upon the Ocean InfoHub project (2020–2023);

Takes note of the adoption by the Assembly of the Authority of the decision to implement a programmatic approach to capacity development aimed at ensuring the fully integrated participation of developing States in the activities undertaken in the Area;³²

³²ISBA/26/A/18.

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;

Recognizes the importance of the trust fund established pursuant to resolution 55/7 for the purpose of facilitating the preparation of submissions to the Commission for developing States, in particular the least developed countries and small island developing States, and compliance with article 76 of the Convention, and for the purpose of providing assistance to developing States to meet the travel and daily subsistence allowance costs associated with meeting with the Commission when their submissions are being examined and upon the invitation of the Commission,³³ in accordance with paragraph 31 of the terms of reference, guidelines and rules of the trust fund, and also recognizes the need for assistance in the preparation of additional information with respect to submissions and revised or new submissions and in maintaining critical capacity during the period from the submission by a coastal developing State of the particulars of the outer limits of its continental shelf beyond 200 nautical miles to the Commission up to the final stages of its examination by the Commission;

³³See resolution 70/235, para. 37.

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 Procedure³⁴ and the Scientific and Technical Guidelines of the Commission;³⁵

³⁴CLCS/40/Rev.1.

³⁵CLCS/11, CLCS/11/Corr.1, CLCS/11/Add.1 and CLCS/11/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;

Recognizes with appreciation the contribution of the Division to capacity-building activities at the national and regional levels, in particular the work of the Division in promoting wider appreciation of the Convention and in assisting with its implementation, through the provision of information, advice and assistance to States and intergovernmental organizations, as well as the support of the Division for Member State implementation of the relevant parts of the 2030 Agenda for Sustainable Development;

Notes with appreciation the joint implementation by the Division and the United Nations Conference on Trade and Development of a project funded through the United Nations Development Account to assist participating developing States in developing evidence-based and policy-coherent oceans economy and trade strategies and aimed at supporting participating developing States in realizing economic benefits from the sustainable use of marine resources;

Also notes with appreciation the launch by the Division of the programmes of assistance to meet the strategic capacity needs of developing States in the field of ocean governance and the law of the sea, funded by the Norwegian Agency for Development Cooperation;

Notes the partnership between the Division and the Intergovernmental Oceanographic Commission on a training programme on marine scientific research under the Convention, and encourages States, relevant international organizations and other donors to consider supporting the initiative;

Invites the Secretary-General, in cooperation with Member States, international financial institutions, donor agencies and intergovernmental organizations, to endeavour to expand the capacity-building activities of the Division in order to meet the increased need for assistance to developing States;

Invites States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to support the capacity-building activities of the Division, including by making earmarked voluntary contributions to the trust fund established by the Secretary-General for the Office of Legal Affairs to support the promotion of international law, and expresses its appreciation to those that have contributed;

Recognizes with appreciation the important contribution to the capacity-building of developing countries and the promotion of the law of the sea made by the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, which was established by the General Assembly in 1981 in honour of the first President of the Third United Nations Conference on the Law of the Sea, and recalls in this regard the provisions of its resolutions on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law;³⁶

³⁶Resolutions 69/117, para. 8, 70/116, para. 4, 71/139, para. 7, 72/115, paras. 7–8, and 73/201, para. 7.

Expresses its appreciation to States that have made contributions to the voluntary trust fund for the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, notes that the financial state of the Fellowship remains critical and that contributions are urgently needed to ensure that at least one fellowship can be awarded annually, expresses its commitment to further promote the importance of the Fellowship, and urges States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make voluntary financial contributions in support of the Fellowship;

Recognizes with appreciation the important contribution of the United Nations-Nippon Foundation of Japan Fellowship Programme and the newer United Nations-Nippon Foundation Sustainable Ocean Programme, which includes the Critical Needs Fellowship, Thematic Fellowship and training programme to reinforce capacity in the context of the intergovernmental conference on an international legally binding instrument under the Convention on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, to human resources development for Member States, particularly developing Member States, in the field of ocean affairs and the law of the sea and related disciplines, as well as the fostering of global interlinkages and continuing capacity development through the alumni programme;

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

III.Meeting of States Parties

Welcomes the report of the thirty-first Meeting of States Parties to the Convention;

Requests the Secretary-General to continue to provide services to the thirty-first Meeting of States Parties, including documentation, and to convene the thirty-second Meeting of States Parties to the Convention from 13 to 17 June 2022, with full conference services, including documentation, as required;

IV.Peaceful settlement of disputes

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

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;

Recalls the successful completion of the first compulsory conciliation under annex V to the Convention, pursuant to section 3 of Part XV, which assisted the parties in reaching agreement on a treaty establishing their maritime boundaries,³⁷ and encourages States to consider all means to peacefully settle disputes in accordance with international law;

³⁷See A/73/368, para. 19.

V.The Area

Reiterates the importance of the ongoing elaboration and standardization by the Authority, pursuant to article 145 of the Convention, of rules, regulations and procedures to ensure the effective protection of the marine environment, for, inter alia, the protection and conservation of the natural resources of the Area and for the prevention of damage to the flora and fauna of the marine environment from harmful effects that may arise from activities in the Area;

Notes that the Authority approved the thirty-first plan of work for exploration for polymetallic nodules during the twenty-sixth session of the Authority,³⁸ and that, as at 15 June 2021, the Authority had entered into 15-year contracts with 19 contractors for exploration for polymetallic nodules, 7 contractors for exploration for polymetallic sulphides and 5 contractors for exploration for cobalt-rich ferromanganese crusts;³⁹

³⁸See ISBA/26/C/27/Rev.1.

³⁹See ISBA/26/C/4.

Welcomes the progress of the work of the Authority on draft regulations for exploitation of mineral resources in the Area, but also notes that the impact of COVID-19 and the limitations recommended on meetings within its premises since the first part of the twenty-sixth session of the Authority, held in February 2020, affected the ability of the Council of the Authority to have substantive discussions on the draft regulations and procedures necessary to facilitate the approval of plans of work for exploitation in the Area pursuant to section 1, paragraph 15, of the annex to the 1994 Part XI Agreement, and in this regard encourages the Authority to continue its work on the draft regulations as a matter of priority and to provide sufficient opportunities and time for substantive consideration and discussion of the draft regulations, and emphasizes the ongoing need for openness and transparency;

Recalls the relevance of the advisory opinion on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area, issued by the Seabed Disputes Chamber of the Tribunal on 1 February 2011;⁴⁰

⁴⁰See ISBA/17/A/9.

Takes note of the public consultation organized in 2020 by one contractor with regard to the environmental impact assessment submitted to the Authority, ahead of a technical test in its contract area in the Central Indian Ocean Basin;

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

Welcomes the adoption by the Assembly, at the twenty-fifth session of the Authority, of the high-level action plan and performance indicators developed for each priority against each of the strategic directions in the strategic plan of the Authority for the period 2019–2023, which provides a uniform basis for the strengthening of existing working practices of the Authority;⁴¹

⁴¹See ISBA/25/A/15 and ISBA/25/A/15/Corr.1.

Also welcomes the public launch of the Authority database (DeepData), which aims to serve as the principal repository of all data and information relating to activities in the Area;

Notes the formal launch, in November 2020, of the International Seabed Authority-China joint training and research centre;

Welcomes the adoption, by the Assembly, during the twenty-sixth session of the Authority, of the decision to name the museum of the International Seabed Authority in honour of Nii Allotey Odunton, the second Secretary-General of the Authority;⁴²

⁴²See ISBA/26/A/15.

Encourages the Authority to continue its work towards the standardization of marine bathymetric information collected in the Area, in cooperation with relevant international organizations, including the Intergovernmental Oceanographic Commission and the International Hydrographic Organization, particularly under the Seabed 2030 project;⁴³

⁴³See ISBA/23/A/2.

Welcomes the efforts of the Authority to make progress on the development of regional environmental management plans in other priority areas in the Area, in particular where there are currently exploration contracts;⁴⁴

⁴⁴See ISBA/26/C/10.

VI.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 Tribunal in full and on time, and also appeals to States Parties in arrears with their contributions to fulfil their obligations without delay;

Expresses serious concern about the number of States Parties to the Convention in arrears with their assessed contributions to the Authority, appeals to all States Parties to the Convention to pay their assessed contributions to the Authority in full and on time, and urges them to fulfil their obligations without delay, in particular those States whose exercise of voting rights has been suspended by virtue of article 184 of the Convention, and invites the Secretary-General of the Authority to continue his efforts to recover arrears, including bilateral efforts;⁴⁵

⁴⁵See ISBA/26/A/19.

Notes that there remains room for improvement in the level of attendance at the Assembly, and urges all members of the Authority to participate in the meetings of the Assembly;

Notes the adoption by the Council, during the twenty-sixth session of the Authority, of the decision, on an exceptional basis, owing to the unprecedented circumstances arising as a result of the COVID-19 pandemic and without prejudice to article 163 of the Convention and without constituting a precedent, either for the Commission or for other organs of the Authority with elected members, to extend by one year the terms of office of the current members of the Legal and Technical Commission,⁴⁶ and the adoption by the Assembly of the decision, on an exceptional basis, owing to the unprecedented circumstances arising from the COVID-19 pandemic and without prejudice to section 9 of the annex to the Part XI Agreement and without constituting a precedent, either for the Finance Committee or for other organs of the Authority with elected members, to extend by one year the terms of office of the current members of the Finance Committee;⁴⁷

⁴⁶See ISBA/26/C/30.

⁴⁷See ISBA/26/A/23.

Expresses its appreciation to the donors that have made contributions to the voluntary trust funds of the Authority, and encourages Member States, observers, contractors and other stakeholders to contribute financially to these trust funds;⁴⁸

⁴⁸See ISBA/26/A/19.

Notes with serious concern the depleted balance of the voluntary trust fund established pursuant to the decision of the Authority at its eighth session⁴⁹ for the purpose of defraying the cost of participation of members of the Legal and Technical Commission from developing countries and members of the Finance Committee from developing countries in the meetings of the Commission and of the Committee, notes the appeals to members and other possible donors to make contributions to that fund, and to contractors to consider making a payment of 6,000 United States dollars on a voluntary basis, and expresses its appreciation to those that have made contributions to the voluntary trust fund;⁵⁰

⁴⁹See ISBA/8/A/11.

⁵⁰See ISBA/26/A/19.

Expresses its appreciation to States that have made contributions to the endowment fund for marine scientific research in the Area established by the Authority at its twelfth session,⁵¹ for the purpose of promoting and encouraging the conduct of collaborative marine scientific research in the Area, and encourages States, observers, contractors and other stakeholders to make additional contributions to this fund;⁵²

⁵¹See ISBA/12/A/11.

⁵²See ISBA/26/A/19.

Calls upon States that have not done so to consider ratifying or acceding to the Agreement on the Privileges and Immunities of the Tribunal⁵³ and to the Protocol on the Privileges and Immunities of the Authority;⁵⁴

⁵³United Nations, Treaty Series, vol. 2167, No. 37925.

⁵⁴Ibid., vol. 2214, No. 39357.

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

Calls upon coastal States that have not yet done so to deposit a copy of charts or lists of geographical coordinates showing the outer limit lines of the continental shelf with the Secretary-General of the Authority, as provided for in article 84, paragraph 2, of the Convention;

VII.The continental shelf and the work of the Commission

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,⁵⁵ preliminary information indicative of the outer limits of the continental shelf beyond 200 nautical miles and a description of the status of preparation and intended date of submission in accordance with the requirements of article 76 of the Convention and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission, and notes with satisfaction that additional submissions referred to in preliminary information have been filed with the Commission;

⁵⁵See SPLOS/183.

Further notes with satisfaction the progress in the work of the Commission⁵⁶ and that it is giving current consideration to a number of submissions that have been made regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles;

⁵⁶See CLCS/51/1, CLCS/52/2 and CLCS/52/2/Corr.1.

Takes note of the 35 recommendations made by the Commission on the submissions of a number of coastal States, and welcomes the fact that summaries of recommendations are being made publicly available in accordance with paragraph 11.3 of annex III to the Rules of Procedure of the Commission;

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 forty-fourth session to continue, during its five-year term of office, to meet for a total of 21 weeks per year by holding three sessions of seven weeks each, and that no two sessions would be sequential,⁵⁷ and further notes that more than nine subcommissions are actively considering submissions;

⁵⁷See CLCS/100.

Takes note of the decision of the thirty-first Meeting of States Parties to the Convention to extend the term of office of the current members of the Commission by one year, such that it will expire on 15 June 2023, on an exceptional basis, owing to the unprecedented circumstances arising as a result of the COVID-19 pandemic, and without prejudice to article 2, paragraph 4, of annex II to the Convention, and without constituting a precedent, either for the Commission or for other bodies of the Convention or the United Nations with elected members;⁵⁸

⁵⁸See SPLOS/31/10.

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;

100

Requests the Secretary-General to take appropriate and timely measures to ensure secretariat services for the Commission and its subcommissions for the extended duration of time requested in the decisions of the twenty-first and twenty-sixth Meetings of States Parties to the Convention;

101

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

102

Expresses its appreciation to States that have made contributions to the voluntary trust fund established pursuant to resolution 55/7 for the purpose of facilitating the preparation of submissions to the Commission, and encourages States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make additional contributions to this fund;

103

Notes that the Meeting of States Parties to the Convention, in its decisions regarding the conditions of service of the members of the Commission,⁵⁹ reaffirmed the obligation of States under the Convention whose experts were serving on the Commission to defray the expenses of the experts they had nominated while the experts are in performance of Commission duties, including the provision of medical coverage, and urged those States to do their utmost to ensure the full participation of those experts in the work of the Commission, including the meetings of subcommissions, in accordance with the Convention;

⁵⁹SPLOS/276 and SPLOS/286.

104

Also notes the request of the thirty-first Meeting of States Parties to the Convention that the consideration of the conditions of service of the members of the Commission continue within the open-ended working group established by the twenty-third Meeting of States Parties to the Convention, including by considering means to create incentives for States to make contributions to the voluntary trust fund, for consideration by the thirty-second Meeting of States Parties in 2022,⁶⁰ and notes the comprehensive study prepared by the Secretariat on possible options to address the working conditions of the Commission,⁶¹ to assist the Meeting of States Parties in its consideration of this matter;

⁶⁰See SPLOS/31/9.

⁶¹SPLOS/30/11.

105

Emphasizes the importance of the voluntary trust fund established pursuant to resolution 55/7 in facilitating the participation of members of the Commission from developing States in the meetings of the Commission, and expresses its appreciation to States that have made contributions to this trust fund;

106

Reiterates its serious concern that the chronic underfunding of the trust fund referred to in paragraph 105 above may preclude the Commission from advancing its work as a result of the potential lack of a quorum at future sessions, and may prevent it from further implementing the decision of the twenty-sixth Meeting of States Parties that requested the Commission to meet for up to 26 weeks, and urges States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make additional contributions to this fund;

107

Authorizes the use, as appropriate, of the trust fund referred to in paragraph 105 above, and in accordance with the purpose of its terms of reference, to defray the cost of the participation of the Chair of the Commission, when nominated by a developing country, in the Meetings of States Parties to the Convention;

108

Notes the challenges faced by the Commission during the COVID-19 pandemic in continuing its work by means other than in-person sessions at United Nations Headquarters, raised in the addenda to the letter dated 13 April 2020 from the Chair of the Commission addressed to the President of the thirtieth Meeting of States Parties,⁶² including that not all members of the Commission have adequate conditions for full participation in remote work, including for secure online deliberations on submission material, especially in terms of access to secure equipment and to adequate broadband Internet connection, renews its request to the Secretariat, in consultation with Member States, including through the relevant working group of the Meeting of States Parties, to assist the Commission to assess the feasibility and explore options, while taking into account security requirements, to enable members of the Commission to remotely participate in the work of the Commission and its subcommissions, with the consent of the submitting States concerned, and without affecting the current order of the list of submissions, and decides to consider the use of the voluntary trust funds to facilitate temporarily, as long as the COVID-19 pandemic prevents the Commission from meeting in New York, the virtual participation of members of the Commission from developing States and members of delegations from submitting developing States in the work of the Commission and its subcommissions, should options be identified to enable such virtual participation, provided that the relevant security requirements, including the rules on confidentiality contained in the Rules of Procedure of the Commission, can be met;

⁶²SPLOS/30/10/Add.1, SPLOS/30/10/Add.2, SPLOS/30/10/Add.3 and SPLOS/30/10/Add.4.

109

Takes note of the written information, provided by the Secretary-General in response to the request in paragraph 81 of resolution 69/245, on options for mechanisms to provide medical insurance coverage to members of the Commission, including costs, and the information provided by the Secretariat during the twenty-seventh, twenty-eighth, twenty-ninth and thirty-first Meetings of States Parties to the Convention;

110

Recalls its decision that, on an exceptional basis and without setting a precedent for other agenda items, the members of the Commission have the option to join the Headquarters medical insurance scheme upon payment of the full cost of the premium, and hereby authorizes the use of the trust fund referred to in paragraph 105 above by the Secretary-General to reimburse the full costs of the premium paid by the members of the Commission from developing States, subject to the availability of funds following the allocation of the required funds to cover the costs of travel and daily subsistence allowance of the members of the Commission from developing States for the sessions of the Commission during the annual insurance coverage period (1 July–30 June);

111

Authorizes the Secretary-General, in case the full costs of the Headquarters medical insurance scheme have not been reimbursed, as an interim measure and subject to the availability of funds following the allocation of the required funds to cover the costs of travel and daily subsistence allowance of the members of the Commission from developing States for the sessions of the Commission in 2022, to reimburse those members for the costs of medical travel insurance and short-term medical insurance from that trust fund on a session-by-session basis and subject to a reasonable limit that the Secretary-General shall determine, based on the information regarding medical travel insurance available;

112

Expresses its intention to continue to consider options for mechanisms to provide medical insurance coverage to members of the Commission and, if necessary, to further review the terms of reference for the trust fund referred to in paragraph 105 above;

113

Emphasizes the continued need for members of the Commission to have suitable working space for their work at the sessions of the Commission and its subcommissions, recognizes, with regard to the long-term accommodation discussions, that, owing to its exceptional character, the Commission has special requirements for its working space, including the need for fit-for-purpose working space, adequate technical equipment and climate control, and needs to remain located within the same premises as the Division, and emphasizes that, in the context of any relocation of the Division or any change in its working space, full regard will be paid to these special requirements of the Commission;

114

Approves the convening by the Secretary-General of the fifty-fourth, fifty-fifth and fifty-sixth sessions of the Commission, in New York, from 24 January to 11 March 2022, from 5 July to 19 August 2022 and from 5 October to 22 November 2022, respectively, with full conference services, including documentation, for the plenary parts of these sessions,⁶³ as well as any resumed sessions as may be required by the Commission, and requests the Secretary-General to make every effort to meet these requirements within overall existing resources;

⁶³From 31 January to 4 February 2022 and from 28 February to 4 March 2022 during the fifty-fourth session, and from 25 to 29 July 2022 and from 8 to 12 August 2022 during the fifty-fifth session.

115

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

116

Expresses its appreciation to States that have exchanged views in order to increase understanding of issues, including expenditures involved, arising from the application of article 76 of the Convention, thus facilitating the preparation of submissions by States, in particular developing States, to the Commission, and encourages States to continue to exchange views;

117

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

VIII.Maritime safety and security and flag State implementation

118

Encourages States to ratify or accede to international agreements addressing the safety and security of navigation, as well as maritime labour, and to adopt the necessary measures consistent with the Convention and other relevant international instruments aimed at implementing and enforcing the rules contained in those agreements, and emphasizes the need for capacity-building for and assistance to developing States;

119

Recognizes that the legal regimes governing maritime safety and maritime security may have common and mutually reinforcing objectives that may be interrelated and could benefit from synergies, and encourages States to take this into account in their implementation;

120

Emphasizes the need for further efforts to promote a culture of safety and security in the shipping industry and to address the shortage of adequately trained personnel, and urges the development and strengthening of capacity-building activities and the provision of knowledge and skills through the required education and training, promoted in particular by the International Maritime Organization in collaboration with other relevant international organizations and agencies, as appropriate;

121

Also emphasizes that safety and security measures should be implemented in support of and with minimal negative effects on seafarers and fishers, especially in relation to their working conditions, and welcomes the ongoing cooperation between the Food and Agriculture Organization of the United Nations and the International Labour Organization in relation to decent work and employment in fisheries and aquaculture and on child labour in fisheries and aquaculture, as well as the work that has been conducted by the United Nations Office on Drugs and Crime and the International Labour Organization on the issue of trafficking in persons and forced labour on fishing vessels;

122

Welcomes the consideration by the International Maritime Organization of the fair treatment of seafarers, recalls the adoption by the Organization on 4 December 2013 of resolution A.1090(28) on the fair treatment of crew members in respect of shore leave and access to shore-side facilities, and welcomes the provision on shore leave, which entered into force on 1 January 2018, in the Convention on Facilitation of International Maritime Traffic;⁶⁴

⁶⁴United Nations, Treaty Series, vol. 591, No. 8564.

123

Notes the theme for the 2021 World Maritime Day, “Seafarers: at the core of shipping’s future”;

124

Invites States that have not yet done so to become parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,⁶⁵ as amended, and the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;

⁶⁵Ibid., vol. 1361, No. 23001.

125

Encourages States that have not yet done so to consider becoming parties to the Work in Fishing Convention, 2007 (No. 188), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185)⁶⁶ and the Protocol to the Forced Labour Convention, 1930 (No. 29) of the International Labour Organization, as well as to the Maritime Labour Convention, 2006,⁶⁷ as amended, calls upon States to effectively implement their obligations under those instruments, and emphasizes the need to provide to States, at their request, technical cooperation and assistance in this regard;

⁶⁶Ibid., vol. 2304, No. 41069.

⁶⁷Ibid., vol. 2952, No. 51299.

126

Invites States to ratify or accede to the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977;

127

Recalls in this regard the call by the Ministerial Conference on Fishing Vessel Safety and Illegal, Unreported and Unregulated Fishing, held in October 2019 in Torremolinos, Spain, to those States that have not yet become parties to the Cape Town Agreement, whose entry into force would create a more robust International Maritime Organization regulatory framework for the safety of fishing vessels and fishing vessel personnel, to consider doing so by the tenth anniversary of its adoption on 11 October 2022;

128

Welcomes ongoing cooperation between the Food and Agriculture Organization of the United Nations, the International Maritime Organization and the International Labour Organization relating to the safety of fishers and fishing vessels, and underlines the urgent need for continued work in that area;

129

Recalls its resolution 75/17 of 1 December 2020 on international cooperation to address challenges faced by seafarers as a result of the COVID-19 pandemic to support global supply chains, and notes the adoption by the International Labour Organization on 8 December 2020 of a resolution concerning maritime labour issues and the COVID-19 pandemic,⁶⁸ and the adoption by the Maritime Safety Committee of the International Maritime Organization on 14 May 2021 of resolution MSC.490(103) on recommended action to prioritize COVID-19 vaccination of seafarers;⁶⁹

⁶⁸International Labour Organization, document GB.340/Resolution (Rev.2).

⁶⁹International Maritime Organization, document MSC 103/21/Add.1 Annex 15.

130

Notes that, in its resolution A.1117(30) of 6 December 2017, the Assembly of the International Maritime Organization revised the International Maritime Organization ship identification number scheme to expand its voluntary application to a wider scope of vessels with a view to enhancing maritime safety and pollution prevention and to facilitate the prevention of maritime fraud;

131

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

132

Recognizes the crucial role of international cooperation at the global, regional, subregional and bilateral levels in combating, in accordance with international law, threats to maritime security, including piracy, armed robbery against ships at sea and terrorist acts against shipping, offshore installations and other maritime interests, through bilateral and multilateral instruments and mechanisms aimed at monitoring, preventing and responding to such threats, the enhanced sharing of information among States relevant to the detection, prevention and suppression of such threats, and the prosecution of offenders with due regard to national legislation, and the need for sustained capacity-building to support such objectives, and in this regard welcomes activities related to maritime security under the twenty-eighth Association of Southeast Asian Nations (ASEAN) Regional Forum, held on 6 August 2021;

133

Welcomes the adoption, in Lomé on 15 October 2016, by the African Union Extraordinary Summit of Heads of State and Government on Maritime Security and Safety and Development in Africa of the Charter on Maritime Security and Safety and Development in Africa (Lomé Charter), and encourages African Member States of the United Nations that have not yet done so to consider ratifying this Charter to facilitate its entry into force;

134

Acknowledges the work of the Commission on Crime Prevention and Criminal Justice in promoting international cooperation and strengthening capacity to combat the problem of transnational organized crime committed at sea;

135

Notes with concern that piracy and armed robbery at sea affect a wide range of vessels engaged in maritime activities, and expresses grave concern at the threats posed by piracy and armed robbery at sea to the safety and welfare of seafarers and other persons;

136

Emphasizes the importance of promptly reporting incidents to enable accurate information on the scope of the problem of piracy and armed robbery against ships at sea and, in the case of armed robbery against ships at sea, by affected vessels to the coastal State, underlines the importance of effective information-sharing with States potentially affected by incidents of piracy and armed robbery against ships at sea, notes with appreciation the important role of the International Maritime Organization and the important contribution of the Information Sharing Centre of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, based in Singapore, which aspires to be recognized as a centre of excellence within its purpose and mandate, and notes the Maritime Domain Awareness for Trade – Gulf of Guinea mechanism, the United Kingdom Maritime Trade Operations covering the high-risk area, the Regional Maritime Information Fusion Centre, based in Madagascar, and the Regional Maritime Centre for Operational Coordination in Seychelles;

137

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

138

Encourages States to ensure effective implementation of international law applicable to combating piracy, as reflected in the Convention, calls upon States to take appropriate steps under their national law to facilitate, in accordance with international law, the apprehension and prosecution of those who are alleged to have committed acts of piracy, including the financing or facilitation of such acts, also taking into account other relevant instruments that are consistent with the Convention, and encourages States to cooperate, as appropriate, with a view to developing their national legislation in this regard;

139

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

140

Notes the compilation of national legislation on piracy on the website of the Division, and encourages the United Nations Office on Drugs and Crime and the Division to continue to cooperate with the International Maritime Organization with a view to assisting Member States, upon request, in developing their national laws on piracy;

141

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

142

Expresses serious concern at the inhuman conditions hostages taken at sea face in captivity and also the adverse impact on their families, calls for the immediate release of all hostages taken at sea, and stresses the importance of cooperation among Member States on the issue of hostage-taking at sea;

143

Welcomes, in this regard, the ongoing work of the United Nations Office on Drugs and Crime Hostage Support Programme, funded by the Board of the trust fund to support initiatives of States countering piracy off the coast of Somalia, in securing the release of seafarers held hostage off the coast of Somalia;⁷⁰

⁷⁰See S/2013/623, paras. 11–13, and S/2014/740, para. 10.

144

Also welcomes the recent achievements against piracy and armed robbery at sea off the coast of Somalia resulting from efforts at the global and regional levels, which have resulted in a steady decline in pirate attacks as well as hijackings since 2011, in that regard continues to be gravely concerned by the ongoing threat that piracy and armed robbery at sea continue to pose in the region off the coast of Somalia, notes the adoption by the Security Council of resolution 2608 (2021) of 3 December 2021, as well as the statements by the President of the Council of 25 August 2010⁷¹ and of 19 November 2012,⁷² also notes that the authorization in resolution 2608 (2021) and relevant resolutions apply only with respect to the situation in Somalia and shall not affect the rights, obligations or responsibilities of Member States under international law, including any rights or obligations under the Convention, with respect to any other situation, and underscores, in particular, that they shall not be considered as establishing customary international law;

⁷¹S/PRST/2010/16; see Resolutions and Decisions of the Security Council, 1 August 2010–31 July 2011 (S/INF/66).

⁷²S/PRST/2012/24; see Resolutions and Decisions of the Security Council, 1 August 2012–31 July 2013 (S/INF/68).

145

Notes the continued efforts within the Contact Group on Piracy off the Coast of Somalia following the adoption of Security Council resolution 1851 (2008) of 16 December 2008, including at its twenty-third plenary session, chaired by Kenya, in December 2020, and commends the contributions of all States in the efforts to fight piracy off the coast of Somalia;

146

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

147

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

148

Notes with concern that the continuing limited capacity and domestic legislation to facilitate the custody and prosecution of suspected pirates after their capture has hindered more robust international action against pirates off the coast of Somalia;

149

Encourages States to ensure that ships flying their flag apply ship security measures approved in accordance with national and international law;

150

Notes the efforts made by the shipping industry to cooperate with the efforts by States regarding piracy off the coast of Somalia, in particular in assisting ships that navigate in that area, and recalls the adoption on 30 November 2011 by the Assembly of the International Maritime Organization of resolution A.1044(27) on piracy and armed robbery against ships in waters off the coast of Somalia;

151

Also notes the continued implementation of the Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct), adopted on 29 January 2009 under the auspices of the International Maritime Organization, in the four thematic areas of information-sharing, training, national legislation and capacity-building, and notes the adoption in January 2017 of the Jeddah Amendment to the Djibouti Code of Conduct;

152

Expresses its deep concern at the continuing incidents of piracy and armed robbery at sea in the Gulf of Guinea, in particular violence against innocent crew members of vessels, notes the adoption by the Security Council of resolutions 2018 (2011) of 31 October 2011 and 2039 (2012) of 29 February 2012 and the statement by the President of the Council of 25 April 2016,⁷³ supports the recent efforts to address this problem at the global and regional levels, including the adoption of resolution MSC.489(103) on recommended action to address piracy and armed robbery in the Gulf of Guinea, by the Maritime Safety Committee of the International Maritime Organization at its 103rd session,⁷⁴ recalls the primary role of States in the region to counter the threat and address the underlying causes of piracy and armed robbery at sea in the Gulf of Guinea, welcomes the adoption in Yaoundé on 25 June 2013 of the Code of Conduct concerning the Repression of Piracy, Armed Robbery against Ships, and Illegal Maritime Activity in West and Central Africa, and calls upon States in the region to implement the Code of Conduct as soon as possible and consistent with international law, in particular the Convention;

⁷³S/PRST/2016/4; see Resolutions and Decisions of the Security Council, 1 August 2015–31 December 2016 (S/INF/71).

⁷⁴International Maritime Organization, document MSC 103/21/Add.1 Annex 9.

153

Urges States to ensure the full implementation of resolution A.1069(28) of 29 November 2013 of the Assembly of the International Maritime Organization on prevention and suppression of piracy, armed robbery against ships and illicit maritime activity in the Gulf of Guinea;

154

Calls upon States that have not yet done so to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation⁷⁵ and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,⁷⁶ invites States that have not yet done so to consider becoming parties to the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation⁷⁷ and the 2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,⁷⁸ and urges States parties to take appropriate measures to ensure the effective implementation of those instruments through the adoption of legislation, where appropriate;

⁷⁵United Nations, Treaty Series, vol. 1678, No. 29004.

⁷⁶Ibid.

⁷⁷International Maritime Organization, document LEG/CONF.15/21.

⁷⁸International Maritime Organization, document LEG/CONF.15/22.

155

Calls upon States to effectively implement the International Ship and Port Facility Security Code and the amendments to the International Convention for the Safety of Life at Sea,⁷⁹ and to work with the International Maritime Organization to promote safe and secure shipping while ensuring freedom of navigation;

⁷⁹International Maritime Organization, documents SOLAS/CONF.5/32 and SOLAS/CONF.5/34, and document MSC 81/25/Add.1, annex 2, resolution MSC.202(81), introducing the long-range identification and tracking of ships system.

156

Urges all States, in cooperation with the International Maritime Organization, to improve the protection of offshore installations by adopting measures related to the prevention, reporting and investigation of acts of violence against installations, in accordance with international law, and by implementing such measures through national legislation to ensure proper and adequate enforcement;

157

Emphasizes the progress in regional cooperation, including the efforts of littoral States, on the enhancement of safety, security and environmental protection in the Straits of Malacca and Singapore, and the effective functioning of the Cooperative Mechanism on Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore (the Cooperative Mechanism) to promote dialogue and facilitate close cooperation between the littoral States, user States, shipping industries and other stakeholders in line with article 43 of the Convention, notes with appreciation the convening of the twelfth Cooperation Forum, in Indonesia on 30 September and 1 October 2019, the twelfth Project Coordination Committee Meeting, in Indonesia on 4 October 2019, the forty-fourth Tripartite Technical Experts Group Meeting in Indonesia on 2 and 3 October 2019 and the twenty-fourth Aids to Navigation Fund Committee Meeting, by videoconference on 19 November 2020, also notes with appreciation the important role of the Information Sharing Centre of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, based in Singapore, and calls upon States to give immediate attention to adopting, concluding and implementing cooperation agreements at the regional level;

158

Recognizes that some transnational organized criminal activities threaten legitimate uses of the oceans and endanger the lives of people at sea, as well as the livelihoods and security of coastal communities;

159

Notes that transnational organized criminal activities are diverse and may be interrelated in some cases and that criminal organizations are adaptive and take advantage of the vulnerabilities of States, in particular coastal and small island developing States in transit areas, and calls upon States and relevant intergovernmental organizations to increase cooperation and coordination at all levels to detect and suppress the smuggling of migrants, trafficking in persons and illicit trafficking in firearms, in accordance with international law;

160

Recognizes the importance of enhancing international cooperation at all levels to fight transnational organized criminal activities, including illicit traffic in narcotic drugs and psychotropic substances, within the scope of the United Nations instruments against illicit drug trafficking, as well as the smuggling of migrants, trafficking in persons and illicit trafficking in firearms and criminal activities at sea falling within the scope of the United Nations Convention against Transnational Organized Crime and the Protocols thereto;

161

Encourages States to cooperate at the bilateral, regional and global levels to prevent, combat and eradicate illicit trafficking in protected species of wild fauna and flora where such trafficking occurs via maritime routes, through, inter alia, the use of applicable international legal instruments as appropriate, such as the United Nations Convention against Transnational Organized Crime,⁸⁰ the United Nations Convention against Corruption⁸¹ and the Convention on International Trade in Endangered Species of Wild Fauna and Flora,⁸² and reiterates its call upon Member States expressed in its resolution 71/326 of 11 September 2017 to make illicit trafficking in protected species of wild fauna and flora a serious crime, in accordance with their national legislation and as defined in article 2 (b) and article 3, paragraph 1 (b), of the United Nations Convention against Transnational Organized Crime, in order to ensure that, where the offence is transnational in nature and involves an organized criminal group, effective international cooperation can be afforded under the United Nations Convention against Transnational Organized Crime to prevent and combat transnational organized crime;

⁸⁰United Nations, Treaty Series, vol. 2225, No. 39574.

⁸¹Ibid., vol. 2349, No. 42146.

⁸²Ibid., vol. 993, No. 14537.

162

Notes with grave concern the recent proliferation of, and endangerment of lives through, the smuggling of migrants by sea, underscores the necessity to address such situations in accordance with applicable international law, and encourages States, acting nationally or through relevant global or regional organizations, as appropriate, to provide technical assistance and capacity-building to flag, port and coastal States, upon request, to enhance their capabilities to prevent smuggling of migrants and human trafficking by sea;

163

Calls upon States, in that context, to take measures in accordance with relevant international obligations to prevent and combat all forms of trafficking in persons, to identify victims of human trafficking, including among migrant flows, and to provide trafficking victims with appropriate protection and assistance, according to their national law and policy;

164

Calls upon States that have not yet done so to consider becoming parties to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime,⁸³ the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime,⁸⁴ and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,⁸⁵ and to take appropriate measures to ensure their effective implementation;

⁸³Ibid., vol. 2241, No. 39574.

⁸⁴Ibid., vol. 2326, No. 39574.

⁸⁵Ibid., vol. 2237, No. 39574.

165

Calls upon States to ensure freedom of navigation, the safety of navigation and the rights of transit passage, archipelagic sea lanes passage and innocent passage in accordance with international law, in particular the Convention;

166

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

167

Calls upon user States and States bordering straits used for international navigation to continue to cooperate by agreement on matters relating to navigational safety, including safety aids for navigation, and the prevention, reduction and control of pollution from ships, and welcomes developments in this regard;

168

Calls upon States that have accepted the amendments to regulation XI-1/6 of the International Convention for the Safety of Life at Sea, 1974,⁸⁶ to implement the Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident,⁸⁷ which took effect on 1 January 2010, and, in particular, to comply with the mandatory conduct of a marine safety investigation into very serious marine casualties and submission of a marine safety investigation report to the International Maritime Organization to identify trends and develop knowledge and risk-based recommendations;

⁸⁶International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).

⁸⁷International Maritime Organization, document MSC 84/24/Add.1, annex 1, resolution MSC.255(84).

169

Takes note of International Maritime Organization resolution A.1091(28) of 4 December 2013 on guidelines on the preservation and collection of evidence following an allegation of a serious crime having taken place on board a ship or following a report of a missing person from a ship, and pastoral and medical care of persons affected;

170

Recognizes the important work of the International Hydrographic Organization, calls upon States that have not yet done so to consider becoming members of that Organization, encourages all its members to actively consider, in accordance with applicable rules and procedures, applications of States that wish to become members of that Organization, and urges all States to work with that Organization to increase the coverage of hydrographic information on a global basis to enhance capacity-building and technical assistance and to promote safe navigation, particularly through the production and use of accurate electronic navigational charts, especially in areas used for international navigation, in ports and where there are vulnerable or protected marine areas;

171

Also recognizes the importance of navigational warning services based on marine meteorological data for the safety of ships and lives at sea and the optimization of navigation routes, and notes the collaboration between the World Meteorological Organization, the International Hydrographic Organization and the International Maritime Organization for the enhancement of these services and their extension to the Arctic region;

172

Encourages States to continue their efforts in the implementation of all areas of the Action Plan for the Safety of Transport of Radioactive Material, approved by the Board of Governors of the International Atomic Energy Agency in March 2004;

173

Also encourages States to ensure effective implementation of the International Maritime Dangerous Goods Code, the International Maritime Solid Bulk Cargoes Code, the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk and the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk;

174

Notes that cessation of the transport of radioactive materials through the regions of small island developing States is an ultimate desired goal of small island developing States and some other countries, and recognizes the right of freedom of navigation in accordance with international law; that States should maintain dialogue and consultation, in particular under the auspices of the International Atomic Energy Agency and the International Maritime Organization, with the aim of improved mutual understanding, confidence-building and enhanced communication in relation to the safe maritime transport of radioactive materials; that States involved in the transport of such materials are urged to continue to engage in dialogue with small island developing States and other States to address their concerns; and that these concerns include the further development and strengthening, within the appropriate forums, of international regulatory regimes to enhance safety, disclosure, liability, security and compensation in relation to such transport;

175

Acknowledges, in the context of paragraph 174 above, the potential environmental and economic impacts of maritime incidents and accidents on coastal States, in particular those related to the transport of radioactive materials, and emphasizes the importance of effective liability regimes in that regard;

176

Invites States that have not yet done so to consider becoming parties to the Nairobi International Convention on the Removal of Wrecks, 2007;⁸⁸

⁸⁸International Maritime Organization, document LEG/CONF.16/19.

177

Requests States to take appropriate measures with regard to ships flying their flag or of their registry to address hazards that may be caused by wrecks and drifting or sunken cargo to navigation or the marine environment;

178

Calls upon States to ensure that masters on ships flying their flag take the steps required by relevant instruments⁸⁹ to provide assistance to persons in distress at sea, and urges States to cooperate and to take all measures necessary to ensure the effective implementation of the amendments to the International Convention on Maritime Search and Rescue⁹⁰ and to the International Convention for the Safety of Life at Sea⁹¹ relating to the delivery of persons rescued at sea to a place of safety, as well as of the associated Guidelines on the Treatment of Persons Rescued at Sea;⁹²

⁸⁹Convention on International Civil Aviation, 1944, annex 12, International Convention for the Safety of Life at Sea, 1974, International Convention on Maritime Search and Rescue, 1979, as amended, United Nations Convention on the Law of the Sea, 1982, and International Convention on Salvage, 1989.

⁹⁰International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).

⁹¹International Maritime Organization, document MSC 78/26/Add.1, annex 3, resolution MSC.153(78).

⁹²International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).

179

Urges all States to cooperate with each other in inquiries relating to incidents of oil spills at sea, in line with relevant international law, including as reflected in article 94 of the Convention, and for this purpose to share, when requested by the affected coastal State in the context of such inquiries, any available information on the maritime traffic of ships that fly their flags and that sailed in the impacted maritime areas;

180

Recognizes that all States must fulfil their search and rescue responsibilities in accordance with international law, including the Convention, reaffirms the ongoing need for the International Maritime Organization and other relevant organizations to assist, in particular, developing States both to increase and improve their search and rescue capabilities, including, as appropriate, through the establishment of additional rescue coordination centres and regional sub-centres, and to take effective action to address, to the extent feasible, the issue of unseaworthy ships and small craft within their national jurisdiction, and emphasizes in this regard the importance of cooperation for these purposes, including within the framework of the International Convention on Maritime Search and Rescue, 1979;⁹³

⁹³United Nations, Treaty Series, vol. 1405, No. 23489.

181

Notes the ongoing work of the International Maritime Organization, the Office of the United Nations High Commissioner for Refugees and other relevant actors in relation to disembarkation of persons rescued at sea, underscores in this regard the need to implement all relevant and applicable international instruments and the importance of cooperation among States as provided for in those instruments, and emphasizes in particular the importance of full respect for the principle of non-refoulement in accordance with applicable international law;

182

Invites States to implement the Revised Guidelines on the Prevention of Access by Stowaways and the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases, adopted by the Maritime Safety Committee of the International Maritime Organization in its resolution MSC.448(99) of 24 May 2018 and by the Facilitation Committee of that Organization in its resolution FAL.13(42) of 8 June 2018;

183

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

184

Also calls upon States to take measures to protect fibre-optic submarine cables and to fully address issues relating to these cables, in accordance with international law, as reflected in the Convention;

185

Encourages greater dialogue and cooperation among States and the relevant regional and global organizations through workshops and seminars on the protection and maintenance of fibre-optic submarine cables to promote the security of such critical communications infrastructure;

186

Also encourages the adoption by States of laws and regulations addressing the breaking or injury of submarine cables or pipelines beneath the high seas done wilfully or through culpable negligence by a ship flying its flag or by a person subject to its jurisdiction, in accordance with international law, as reflected in the Convention;

187

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

188

Reaffirms that flag, port and coastal States all bear responsibility for ensuring the effective implementation and enforcement of international instruments relating to maritime security and safety, in accordance with international law, in particular the Convention, and that flag States have primary responsibility that requires further strengthening, including through increased transparency of ownership of vessels and the monitoring of organizations authorized to carry out surveys and issue certificates on their behalf, taking into account the Code for Recognized Organizations;⁹⁴

⁹⁴International Maritime Organization, resolutions MSC.349(92) and MEPC.237(65).

189

Urges flag States without an effective maritime administration and appropriate legal frameworks to establish or enhance the necessary infrastructure, legislative and enforcement capabilities to ensure effective compliance with and implementation and enforcement of their responsibilities under international law, in particular the Convention, and, until such action is taken, to consider declining the granting of the right to fly their flag to new vessels, suspending their registry or not opening a registry, and calls upon flag and port States to take all measures consistent with international law necessary to prevent the operation of substandard vessels;

190

Notes the ongoing work of the International Maritime Organization on measures to prevent the fraudulent registration and fraudulent registries of ships;

191

Recognizes that international shipping rules and standards adopted by the International Maritime Organization in respect of maritime safety, efficiency of navigation and the prevention and control of marine pollution, complemented by best practices of the shipping industry, have led to a significant reduction in maritime accidents and pollution incidents;

192

Notes that audits of Member States under the International Maritime Organization Member State Audit Scheme became mandatory in January 2016 under nine mandatory International Maritime Organization instruments and are being carried out in accordance with the Framework and the Procedures for the International Maritime Organization Member State Audit Scheme and using the International Maritime Organization Instruments Implementation Code (III Code) as the audit standard;⁹⁵

⁹⁵See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28), A.1068(28) and A.1070(28).

193

Encourages States and competent international organizations and bodies to support the effective implementation of the requirements of the International Code for Ships Operating in Polar Waters (Polar Code), adopted by the International Maritime Organization under the International Convention for the Safety of Life at Sea and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended,⁹⁶ including relevant requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;⁹⁷

⁹⁶International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution MEPC.203(62).

⁹⁷International Maritime Organization, resolutions MSC.385(94) and MEPC.264(68) and related amendments to the International Convention for the Safety of Life at Sea (resolution MSC.386(94)) and the International Convention for the Prevention of Pollution from Ships (resolution MEPC.265(68)).

194

Notes the ongoing work of the International Maritime Organization on matters related to passenger ship safety, and encourages States and competent international organizations and bodies to support continued efforts, including technical cooperation activities, to improve passenger ship safety;

195

Recognizes that maritime safety can also be improved through effective port State control, the strengthening of regional arrangements and increased coordination and cooperation among them and increased transparency and information-sharing, making ample use of information systems, such as the International Maritime Organization Global Integrated Shipping Information System,⁹⁸ including among safety and security sectors;

⁹⁸International Maritime Organization, Assembly resolutions A.1029(26) and A.1074(28).

196

Encourages flag States to take appropriate measures sufficient to achieve or maintain recognition by intergovernmental arrangements that recognize satisfactory flag State performance, including, as appropriate, satisfactory port State control examination results on a sustained basis, with a view to improving quality shipping and furthering flag State implementation of relevant instruments under the International Maritime Organization as well as relevant goals and objectives of the present resolution;

197

Notes with appreciation the important contribution of the International Association of Marine Aids to Navigation and Lighthouse Authorities to the improvement and harmonization of marine aids to navigation for the reduction of marine accidents, increased safety of life and property at sea and the protection of the marine environment, and in this regard notes the adoption on 28 February 2020 of the Convention on the International Organization for Marine Aids to Navigation, at the diplomatic conference held in Kuala Lumpur from 25 to 28 February 2020, which was opened for signature in Paris on 27 January 2021 and is open for signature for a period of one year;

IX.Marine environment and marine resources

198

Emphasizes once again the importance of the implementation of Part XII of the Convention in order to protect and preserve the marine environment and its living marine resources against pollution and physical degradation, and calls upon all States to cooperate and take measures consistent with the Convention, directly or through competent international organizations, for the protection and preservation of the marine environment;

199

Calls upon States to implement the 2030 Agenda, including Goal 14 to conserve and sustainably use the oceans, seas and marine resources for sustainable development, and recalls that the Goals and targets are integrated and indivisible;

200

Reiterates, in this regard, the call made in the declaration entitled “Our ocean, our future: call for action” for action to be taken on an urgent basis to conserve and sustainably use the oceans, seas and marine resources for sustainable development;⁹⁹

⁹⁹Resolution 71/312, annex.

201

Recalls that, in “The future we want”, States committed themselves to protect and restore the health, productivity and resilience of oceans and marine ecosystems, to maintain their biodiversity, enabling their conservation and sustainable use for present and future generations, and to effectively apply an ecosystem approach and the precautionary approach in the management, in accordance with international law, of activities having an impact on the marine environment, to deliver on all three dimensions of sustainable development;

202

Reaffirms paragraph 119 of resolution 61/222 of 20 December 2006 regarding ecosystem approaches and oceans, including the proposed elements of an ecosystem approach, means to achieve implementation of an ecosystem approach and requirements for improved application of an ecosystem approach, and in this regard:

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 United Nations Millennium Declaration,¹⁰⁰ and conserve marine biodiversity;

¹⁰⁰Resolution 55/2.

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 Diversity¹⁰¹ 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;

¹⁰¹United 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;

203

Encourages competent organizations and bodies that have not yet done so to incorporate an ecosystem approach into their mandates, as appropriate, in order to address impacts on marine ecosystems;

204

Acknowledges the request by the United Nations Environment Assembly at its second session, in paragraph 6 of its resolution 2/10 of 27 May 2016, to the United Nations Environment Programme to step up its work, including through its Regional Seas Programme, on assisting countries and regions in the application of the ecosystem approach to managing the marine and coastal environment, including through enabling intersectoral cooperation in integrated coastal zone management and marine spatial planning;¹⁰²

¹⁰²See Official Records of the General Assembly, Seventy-first Session, Supplement No. 25 (A/71/25), annex.

205

Encourages States, directly or through competent international organizations, to consider the further development and application, as appropriate and consistent with international law, including the Convention, of environmental impact assessment processes covering planned activities under their jurisdiction or control that may cause substantial pollution of or significant and harmful changes to the marine environment, and also encourages the communication of the reports of the results of such assessments to the competent international organizations in accordance with the Convention;

206

Notes with concern the impacts of climate change on the oceans and the cryosphere, to which low-lying islands, in particular small island developing States, coasts and coastal communities are particularly exposed;

207

Also notes with concern the findings of the Intergovernmental Panel on Climate Change in its successive reports, and in this regard refers in particular to its special report entitled The Ocean and Cryosphere in a Changing Climate, as well as the summary for policymakers, which was accepted by the Intergovernmental Panel at its fifty-first session on 23 September 2019, and the 2021 report of its Working Group I on the physical science basis of climate change, which was accepted by the Intergovernmental Panel at its fifty-fourth session on 6 August 2021;

208

Recognizes the importance of improving understanding of the impact of climate change on oceans and seas, and recalls that, in “The future we want”, States noted that sea level rise and coastal erosion are serious threats for many coastal regions and islands, particularly in developing countries, and in this regard called upon the international community to enhance its efforts to address these challenges;

209

Takes note of the findings of reports of the Intergovernmental Panel on Climate Change, including its Special Report on Global Warming of 1.5°C, that increasing warming amplifies the exposure of small islands, low-lying coastal areas and deltas to the risks associated with sea level rise;

210

Also takes note of the decision by the International Law Commission at its seventy-first session to include the topic “Sea-level rise in relation to international law” in its programme of work, and notes the ongoing work of the open-ended Study Group in that regard;¹⁰³

¹⁰³Ibid., Seventy-fourth Session, Supplement No. 10 (A/74/10); and ibid., Seventy-sixth Session, Supplement No.10 (A/76/10).

211

Notes the discussions at the twenty-first meeting of the Informal Consultative Process, held from 14 to 18 June 2021, on the theme “Sea level rise and its impacts”, which, inter alia, focused on the characterization and extent of sea level rise, including regional variability, and its environmental, social and economic impacts, highlighted the urgency of sea level rise and the impacts of the increasing frequency of extreme weather events for small island developing States and coastal States including low-lying coastal areas, discussed the various mitigation and adaptation responses, urging that measures be taken urgently and stressing possible challenges such as their cost, data gaps and challenges for modelling and monitoring sea level rise, stressed the importance of the science-policy interface and cooperation at all levels and with all stakeholders, the relevance of traditional and local knowledge, of the ocean-climate nexus and of the legal dimension, while noting that delegations looked forward to engaging in, and do not want to prejudge, the work of appropriate forums on legal matters related to sea level rise, and the need for international cooperation and coordination, capacity-building, national planning processes, and financing;¹⁰⁴

¹⁰⁴See A/76/171.

212

Also notes the eighteenth meeting of the Informal Consultative Process in 2017, which focused on the theme “The effects of climate change on oceans”, during which delegations discussed, inter alia, the environmental, social and economic impacts on all States, in particular developing States, of the effects of climate change on the oceans, as well as the urgent need to address such effects and impacts, the need for international cooperation and coordination, including concerted and immediate action to combat the effects of climate change on the oceans, as well as the need for continued coordinated international focus in recognition that, owing to the interconnected nature of the oceans, ensuing impacts cannot be overcome by any single State and, in particular, in view of the grave implications for countries with low-lying coasts, some of whose very existence is under threat;¹⁰⁵

¹⁰⁵See A/72/95.

213

Welcomes the Paris Agreement¹⁰⁶ and its early entry into force on 4 November 2016, encourages all its parties to fully implement the Agreement and parties to the United Nations Framework Convention on Climate Change¹⁰⁷ that have not yet done so to deposit their instruments of ratification, acceptance, approval or accession, as appropriate, as soon as possible, notes the entry into force of the Doha amendment¹⁰⁸ to the Kyoto Protocol¹⁰⁹ on 31 December 2020, and recognizes the importance of raising awareness of the adverse impact of climate change on the marine environment, marine biodiversity and sea level;

¹⁰⁶See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex.

¹⁰⁷United Nations, Treaty Series, vol. 1771, No. 30822.

¹⁰⁸FCCC/KP/CMP/2012/13/Add.1, decision 1/CMP.8.

¹⁰⁹United Nations, Treaty Series, vol. 2303, No. 30822.

214

Also welcomes, in this regard, the convening of the twenty-sixth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, the sixteenth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol and the third session of the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement in Glasgow, United Kingdom of Great Britain and Northern Ireland, from 31 October to 13 November 2021;

215

Notes with concern the severe impacts on coastal communities of extreme weather events, such as tropical cyclones and associated storm surges, and encourages cooperative actions by relevant United Nations bodies and organizations, including the World Meteorological Organization and the Intergovernmental Oceanographic Commission with the advice of the Joint WMO-IOC Collaborative Board,¹¹⁰ to assist States in improving forecasting, including impact-based forecasting, of such events and its application in multi-hazard early warning systems and risk management under a more integrated approach to addressing the impacts of flooding types from multiple sources and severe weather;¹¹¹

¹¹⁰Established through World Meteorological Organization resolution 9 (Cg-18) and Intergovernmental Oceanographic Commission resolution XXX-2, which also disbanded the Joint WMO-IOC Technical Commission for Oceanography and Marine Meteorology.

¹¹¹See World Meteorological Organization resolution 15 (Cg-18).

216

Also notes with concern the approximately 30 per cent increase in the acidity of ocean surface waters since the beginning of the industrial era¹¹² and the wide range of impacts associated with the continuing and alarming acidification of the world’s oceans, and urges States to make significant efforts to tackle the causes of ocean acidification, recognizing countries’ national circumstances and respective capabilities, and to further study and minimize its impacts, to enhance local, national, regional and global cooperation in this regard, including the sharing of relevant information and the development of worldwide capacity, including in developing countries, to measure ocean acidification, and to take steps to make marine ecosystems healthier and, as a result, more resilient, to the extent possible, to the impacts of ocean acidification;

¹¹²As stated in the 2013 report of Working Group I of the Intergovernmental Panel on Climate Change on the physical science basis of climate change.

217

Recalls that, in “The future we want”, States called for support for initiatives that address ocean acidification and the impacts of climate change on marine and coastal ecosystems and resources and in this regard reiterated the need to work collectively to prevent further ocean acidification, as well as to enhance the resilience of marine ecosystems and of the communities whose livelihoods depend on them, and to support marine scientific research, monitoring and observation of ocean acidification and particularly vulnerable ecosystems, including through enhanced international cooperation in this regard;

218

Recognizes the attention paid to ocean acidification at the fourteenth, eighteenth and nineteenth meetings of the Informal Consultative Process, in 2013, 2017 and 2018, respectively, and commits itself to continue to pay attention to this important issue, including by taking into account the first and second World Ocean Assessments (World Ocean Assessment I and II), the ongoing work of the Ocean Acidification International Coordination Centre of the International Atomic Energy Agency and the scientific cooperation fostered by the Global Ocean Acidification Observing Network;

219

Notes the work of the Intergovernmental Panel on Climate Change, notes with concern its findings on the acidification of the oceans and the substantial risks to marine ecosystems, especially polar ecosystems, coral reefs, plankton and other organisms which have a calcareous exoskeleton, or a shell, like crustaceans, and the potentially detrimental consequences for fisheries and livelihoods, as well as the findings of the World Meteorological Organization contained in its annual Greenhouse Gas Bulletin, and notes its decision to foster collaboration with organizations and institutions that address the carbon budget of the ocean,¹¹³ and in this regard encourages States and competent international organizations and other relevant institutions, individually and in cooperation, to urgently pursue further research on ocean acidification, especially programmes of observation and measurement, noting in particular the continued work under the Convention on Biological Diversity, and to increase national, regional and global efforts to address levels of ocean acidity and the negative impact of such acidity on vulnerable marine ecosystems, particularly coral reefs;

¹¹³See World Meteorological Organization resolution 46 (Cg 17).

220

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

221

Notes the vital role that coastal blue carbon ecosystems, including mangroves, tidal marshes and seagrasses, play in climate adaptation and mitigation through carbon sequestration, and in increasing the resilience of coastal ecosystems to ocean acidification, and the range of other benefits that these ecosystems provide, including sustainable livelihoods, food security and biodiversity conservation, and coastal protection, and encourages States and relevant international institutions and organizations to work collaboratively to protect and restore coastal blue carbon ecosystems;

222

Recalls that, in “The future we want”, States noted with concern that the health of oceans and marine biodiversity are negatively affected by marine pollution, including marine debris, especially plastic, persistent organic pollutants, heavy metals and nitrogen-based compounds, from a number of marine and land-based sources, including shipping and land run-off, and that States committed to take action to reduce the incidence and impacts of such pollution on marine ecosystems, including through the effective implementation of relevant conventions adopted in the framework of the International Maritime Organization, and the follow-up of relevant initiatives such as the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities,¹¹⁴ as well as the adoption of coordinated strategies to this end, and that they further committed to take action, by 2025, based on collected scientific data, to achieve significant reductions in marine debris to prevent harm to the coastal and marine environment;

¹¹⁴A/51/116, annex II.

223

Encourages States, in accordance with the commitment expressed in “The future we want” and based on collected scientific data, to take action by 2025 to achieve significant reductions in marine debris to prevent harm to the coastal and marine environment;

224

Notes the discussions at the seventeenth meeting of the Informal Consultative Process, in 2016, which focused on the theme “Marine debris, plastics and microplastics” and which, inter alia, highlighted that the size of the problem had increased exponentially since the topic of marine debris was addressed at the sixth meeting of the Informal Consultative Process, in 2005, noted that marine debris in general, and plastics in particular, were some of the greatest environmental concerns of our time, along with climate change, ocean acidification and loss of biodiversity, discussed prevention and emphasized the need to address the issue, both downstream, through improved mechanisms for waste management, disposal and recycling, and upstream, by addressing consumption and production patterns, including through awareness-raising campaigns;¹¹⁵

¹¹⁵See A/71/204.

225

Recognizes the need for better understanding of the sources, amounts, pathways, distribution, trends, nature and impacts of marine debris, especially plastics and microplastics, and to examine possible measures and best available techniques and environmental practices to prevent its accumulation and minimize its levels in the marine environment, and welcomes in this regard the work conducted under the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection, led by the Intergovernmental Oceanographic Commission, and its report entitled Sources, Fate and Effects of Microplastics in the Marine Environment: A Global Assessment, its report entitled Guidelines for the Monitoring and Assessment of Plastic Litter in the Ocean, and the report of the Executive Director of the United Nations Environment Programme entitled From Pollution to Solution: A Global Assessment of Marine Litter and Plastic Pollution, launched on 21 October 2021;

226

Notes that the UNEP Frontiers 2016 Report identifies microplastics as one of six key emerging environmental issues, further notes that the sixth Global Environment Outlook stresses, inter alia, the urgency of addressing ocean plastic pollution and the proven adverse impacts of microplastics to marine ecosystems, and calls upon States to implement resolution 4/6 on marine plastic litter and microplastics, adopted by the United Nations Environment Assembly of the United Nations Environment Programme at its fourth session, held in Nairobi from 11 to 15 March 2019;¹¹⁶

¹¹⁶UNEP/EA.4/Res.6.

227

Welcomes the request by the United Nations Environment Assembly, in paragraph 2 of its resolution 4/6, to the Executive Director of the United Nations Environment Programme, subject to the availability of resources and benefiting from the work of existing mechanisms, to immediately strengthen scientific and technological knowledge with regard to marine litter, including marine plastic litter and microplastics;

228

Acknowledges the decision of the United Nations Environment Assembly, in paragraph 7 of its resolution 4/6, to extend the mandate of the ad hoc open-ended expert group on marine litter and microplastics, and the call by the expert group in the Chair’s summary of the work of the expert group for all member States and stakeholders to recognize the magnitude and urgency of this issue, seriously consider the options identified by the expert group and work cooperatively towards the fifth session of the United Nations Environment Assembly;¹¹⁷

¹¹⁷See UNEP/AHEG/4/7, annex.

229

Welcomes the activities of relevant United Nations bodies and organizations, in particular the United Nations Environment Programme, the Food and Agriculture Organization of the United Nations and the International Maritime Organization and other intergovernmental organizations, to address the sources and impacts of marine debris, including through the Global Partnership on Marine Litter, as well as actions relating to marine debris taken under the Convention on Biological Diversity and the Convention on the Conservation of Migratory Species of Wild Animals,¹¹⁸ in particular the adoption by the Conference of the Parties to that Convention at its twelfth meeting of resolution 12.20 on the management of marine debris, and notes the work of the International Whaling Commission on assessing the impacts of marine debris on cetaceans;

¹¹⁸United Nations, Treaty Series, vol. 1651, No. 28395.

230

Encourages States to further develop partnerships with industry and civil society to raise awareness of the extent of the impact of marine debris on the biological diversity, health and productivity of the marine environment and consequent economic loss and to cooperate with other States, industry and civil society, as appropriate, on environmentally sound and cost-effective measures to prevent and reduce, as appropriate, marine debris and microplastics in the marine environment, including through strengthened cooperation under the Global Partnership on Marine Litter;

231

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

232

Notes the activities carried out by organizations at the regional level to develop and implement regional action plans and other joint prevention and recovery programmes for marine debris, and further notes in this regard the Regional Action Plan on Marine Litter in the Arctic, adopted at the twelfth ministerial meeting of the Arctic Council in Reykjavik on 20 May 2021, and the ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States, launched on 28 May 2021;

233

Also notes the work done under the Asia-Pacific Economic Cooperation framework to share best practices, enable innovative waste management financing and encourage public-private partnerships in order to prevent and reduce marine debris, including the outcomes of the 2020 workshop hosted by Indonesia on “Capacity Building on Global Marine Debris Monitoring and Modeling: Supports Protection of the Marine Environment”, and the publication of the Update of the 2009 APEC Report on Economic Costs of Marine Debris to APEC Economies for the Asia-Pacific Economic Cooperation Oceans and Fisheries Working Group in March 2020;

234

Welcomes the ongoing work of the members of the Group of 20 on the “Osaka Blue Ocean Vision”, which aims to reduce additional pollution by marine plastic litter to zero by 2050, and calls upon other members of the international community to also share the vision;

235

Encourages States that have not yet done so to become parties to international agreements addressing the protection and preservation of the marine environment and its living marine resources against the introduction of harmful aquatic organisms and pathogens and marine pollution from all sources, including the dumping of wastes and other matter, and other forms of physical degradation, as well as agreements that provide for preparedness for, response to and cooperation on pollution incidents and that include provisions on liability and compensation for damage resulting from marine pollution, and to adopt the necessary measures consistent with international law, including the Convention, aimed at implementing and enforcing the rules contained in those agreements;

236

Recalls that, in “The future we want”, States noted the significant threat that alien invasive species pose to marine ecosystems and resources and committed to implement measures to prevent the introduction and manage the adverse environmental impacts of alien invasive species, including, as appropriate, those adopted in the framework of the International Maritime Organization;

237

Encourages States that have not yet done so to consider ratifying or acceding to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004,¹¹⁹ and also encourages States to consider implementing the Guidelines for the control and management of ships’ biofouling to minimize the transfer of invasive aquatic species, adopted by the International Maritime Organization in resolution MEPC.207(62) of 15 July 2011;

¹¹⁹International Maritime Organization, document BWM/CONF/36, annex.

238

Notes the ongoing work of the International Maritime Organization to prevent pollution from ships, including through the designation of Special Areas under the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended,¹²⁰ welcomes the adoption by the Marine Environment Protection Committee of an action plan to address marine plastic litter from ships,¹²¹ and encourages the International Maritime Organization to continue working on the prevention of pollution from ships;

¹²⁰International Convention for the Prevention of Pollution from Ships, annex IV (Regulations for the prevention of pollution by sewage from ships) and annex V (Regulations for the prevention of pollution by garbage from ships).

¹²¹International Maritime Organization, resolution MEPC.310(73).

239

Also notes that the global limit of 0.50 per cent on sulphur in fuel oil under annex VI to the International Convention for the Prevention of Pollution from Ships entered into force on 1 January 2020, encourages States that have not yet done so to become parties to the Protocol of 1997 (annex VI – Regulations for the Prevention of Air Pollution from Ships) to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and encourages the effective implementation of that Protocol;¹²²

¹²²International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution MEPC.203(62).

240

Further notes the ongoing work of the International Maritime Organization and the resolution on International Maritime Organization policies and practices related to the reduction of greenhouse gas emissions from ships,¹²³ and in this regard also notes its adoption of an initial strategy on the reduction of greenhouse gas emissions from ships¹²⁴ and the adoption of amendments to annex VI to the International Convention for the Prevention of Pollution from Ships¹²⁵ to require ships to reduce their greenhouse gas emissions, with the aim of achieving the targets established by the initial strategy;

¹²³International Maritime Organization, Assembly resolution A.963(23).

¹²⁴International Maritime Organization, document MEPC 72/17/Add.1, annex 11, resolution MEPC.304(72).

¹²⁵International Maritime Organization, document MEPC 76/15/Add.1, annex 1, resolution MEPC.328(76).

241

Urges States to cooperate in correcting the shortfall in port waste reception facilities in accordance with the action plan to address the inadequacy of port waste reception facilities developed by the International Maritime Organization;

242

Encourages States that have not yet done so to consider ratifying or acceding to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009¹²⁶ to facilitate its entry into force;

¹²⁶International Maritime Organization, document SR/CONF/45.

243

Encourages continued cooperation between the parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal¹²⁷ and the International Maritime Organization on regulations on the prevention of pollution from ships;

¹²⁷United Nations, Treaty Series, vol. 1673, No. 28911.

244

Notes the role of the Basel Convention in ensuring that the management of hazardous wastes and other wastes, under the scope of that Convention, including their transboundary movement and disposal, is consistent with the protection of the marine environment, and in this regard also notes that the amendments to annexes II, VIII and IX to the Basel Convention in relation to plastic waste became effective as of 1 January 2021, and further notes decision BC-14/13 of the Conference of the Parties to the Basel Convention, which includes, in particular, the establishment of the Basel Convention Partnership on Plastic Waste;

245

Notes with concern the potential for serious environmental consequences resulting from oil spill incidents or pollution incidents involving hazardous or noxious substances, urges States, consistent with international law, to cooperate, directly or through competent international organizations, and share best practices, in the fields of protection of the marine environment, human health and safety, prevention, emergency response and mitigation, and in this regard encourages the undertaking of and collaboration on scientific research, including marine scientific research, to better understand the consequences of marine oil spills or marine spills involving hazardous or noxious substances;

246

Encourages States, in accordance with international law, including the Convention and other relevant instruments, either bilaterally or regionally, to jointly develop and promote contingency plans for responding to pollution incidents, as well as other incidents that are likely to have significant adverse effects on the marine environment and biodiversity;

247

Encourages States that have not yet done so to consider ratifying or acceding to the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990,¹²⁸ and the Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000, of the International Maritime Organization, and in this regard to consider developing and joining regional arrangements to enhance international cooperation for combating major oil and hazardous substances pollution incidents;

¹²⁸Ibid., vol. 1891, No. 32194.

248

Encourages States to consider becoming parties to the 2010 Protocol to the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea;¹²⁹

¹²⁹International Maritime Organization, document LEG/CONF.17/10.

249

Recognizes that most of the pollution load of the oceans emanates from land-based activities and affects the most productive areas of the marine environment, and calls upon States, as a matter of priority, to implement the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and to take all appropriate measures to fulfil the commitments of the international community embodied in the Bali Declaration on the Protection of the Marine Environment from Land-based Activities, adopted at the fourth Intergovernmental Review Meeting on the Implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, held in Bali, Indonesia, on 31 October and 1 November 2018;¹³⁰

¹³⁰UNEP/GPA/IGR.4/5, annex.

250

Welcomes the continued work of States, the United Nations Environment Programme and regional organizations in the implementation of the Global Programme of Action, and encourages increased emphasis on the link between fresh water, the coastal zone and marine resources in the implementation of the 2030 Agenda and its Sustainable Development Goals, as well as of the Addis Ababa Action Agenda of the Third International Conference on Financing for Development;

251

Expresses its concern regarding the spreading of hypoxic dead zones and harmful algal blooms in oceans as a result of eutrophication fuelled by riverine run-off of fertilizers, sewage outfall and reactive nitrogen resulting from the burning of fossil fuels and resulting in serious consequences for ecosystem functioning, and calls upon States to enhance their efforts to reduce eutrophication, particularly by reducing total nutrient pollution from land-based sources and, to this effect, to continue to cooperate within the framework of relevant international organizations, in particular the Global Programme of Action and the Global Partnership on Nutrient Management and Global Wastewater Initiative, including through capacity-building initiatives and efforts to monitor, via the Global Ocean Observing System, stressors such as harmful algal blooms, areas of hypoxia, sargassum seaweed invasions and jellyfish blooms, to assess their possible linkage to eutrophication and their potential adverse impacts on the marine environment as well as on human health;

252

Encourages States that have not yet done so to take, as soon as possible, the domestic measures necessary to enable them to meet their obligations upon ratification and, thereafter, to ratify, accept, approve or accede to the Minamata Convention on Mercury;¹³¹

¹³¹UNEP(DTIE)/Hg/CONF/4, annex II.

253

Calls upon all States to ensure that urban and coastal development projects and related land-reclamation activities are carried out in a responsible manner that protects the marine habitat and environment and mitigates the negative consequences of such activities;

254

Encourages States that have not yet done so to become parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the London Protocol);

255

Recalls the resolution of the thirtieth Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the London Convention) and the third Meeting of Contracting Parties to the London Protocol, held from 27 to 31 October 2008, on the regulation of ocean fertilization,¹³² in which the Contracting Parties agreed, inter alia, that the scope of the London Convention and Protocol includes ocean fertilization activities and that, given the present state of knowledge, ocean fertilization activities other than for legitimate scientific research should not be allowed, and that scientific research proposals should be assessed on a case-by-case basis using an assessment framework that was subsequently developed and adopted in 2010 by the Contracting Parties to the London Convention and Protocol, namely, the Assessment Framework for Scientific Research Involving Ocean Fertilization,¹³³ and also agreed that, to this end, such other activities should be considered as contrary to the aims of the London Convention and Protocol and should not currently qualify for any exemption from the definition of dumping in article III, paragraph 1 (b), of the London Convention and article 1, paragraph 4.2, of the London Protocol;¹³⁴

¹³²International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).

¹³³International Maritime Organization, document LC 32/15 and Corr.1, annex 5, resolution LC LP.2 (2010).

¹³⁴Ibid.

256

Notes the continued work of the Contracting Parties to the London Convention and Protocol towards a global, transparent and effective control and regulatory mechanism for ocean fertilization activities and other activities that fall within the scope of the London Convention and Protocol and have the potential to cause harm to the marine environment, and notes the resolution adopted by the eighth Meeting of Contracting Parties to the London Protocol, held from 14 to 18 October 2013, on the amendment to the London Protocol to regulate the placement of matter for ocean fertilization and other marine geoengineering activities;¹³⁵

¹³⁵International Maritime Organization, document LC 35/15, annex 4, resolution LP.4(8).

257

Recalls decision IX/16 C, adopted at the ninth meeting of the Conference of the Parties to the Convention on Biological Diversity, held in Bonn, Germany, from 19 to 30 May 2008,¹³⁶ in which the Conference of the Parties, inter alia, bearing in mind the ongoing scientific and legal analysis occurring under the auspices of the London Convention and Protocol, requested parties and urged other Governments, in accordance with the precautionary approach, to ensure that ocean fertilization activities were not carried out until there was an adequate scientific basis on which to justify such activities, including an assessment of associated risks, and that a global, transparent and effective control and regulatory mechanism was in place for those activities, with the exception of small-scale scientific research studies within coastal waters, and stated that such studies should be authorized only if justified by the need to gather specific scientific data, should be subject to a thorough prior assessment of the potential impacts of the research studies on the marine environment, should be strictly controlled and should not be used for generating and selling carbon offsets or for any other commercial purposes, and takes note of decision X/29, adopted at the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity, held in Nagoya, Japan, from 18 to 29 October 2010,¹³⁷ in which the Conference of the Parties requested parties to implement decision IX/16 C;

¹³⁶See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.

¹³⁷See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.

258

Also recalls that, in “The future we want”, States stressed their concern about the potential environmental impacts of ocean fertilization, recalled in this regard the decisions related to ocean fertilization adopted by the relevant intergovernmental bodies, and resolved to continue addressing ocean fertilization with utmost caution, consistent with the precautionary approach;

259

Encourages States that have not done so to become parties to regional seas conventions and the protocols thereto addressing the protection and preservation of the marine environment, while noting the role of the United Nations Environment Programme Regional Seas Programme;

X.Marine biodiversity

260

Reaffirms its central role relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;

261

Notes the work and contributions of States and relevant intergovernmental organizations and bodies in the context of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, and the extensive and complex discussions and exchange of views at the four sessions of the Preparatory Committee established by resolution 69/292: Development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, which concluded on 21 July 2017, as well as the report of the Preparatory Committee and the recommendations contained therein;¹³⁸

¹³⁸A/AC.287/2017/PC.4/2.

262

Welcomes the holding of the second and third sessions of the intergovernmental conference convened under resolution 72/249, from 25 March to 5 April 2019 and 19 to 30 August 2019, respectively, and takes note of the substantive discussions that addressed the topics identified in the package agreed in 2011, namely, the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, in particular, together and as a whole, marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments, and capacity-building and the transfer of marine technology, and further takes note that the President of the conference has prepared, as part of the preparation for the fourth session of the conference, a revised draft text of an agreement;

263

Notes that the fourth session of the intergovernmental conference¹³⁹ will be convened by the Secretary-General on the earliest possible available date in 2022, preferably during the first half of the year;¹⁴⁰

¹³⁹Postponed by the General Assembly in its decision 75/570.

¹⁴⁰Tentatively from 7 to 18 March 2022.

264

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

265

Also recognizes the importance of research on marine genetic resources for the purpose of enhancing the scientific understanding, potential use and application, and enhanced management of marine ecosystems;

266

Notes the work under the Jakarta Mandate on Marine and Coastal Biological Diversity¹⁴¹ and the Convention on Biological Diversity elaborated programme of work on marine and coastal biological diversity,¹⁴² and, while reiterating the central role of the General Assembly relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, notes with appreciation the complementary technical and scientific work done by the Conference of the Parties to the Convention on Biological Diversity;

¹⁴¹See A/51/312, annex II, decision II/10.

¹⁴²United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.

267

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

268

Invites parties to the Convention on Biological Diversity to implement the voluntary specific workplan on biodiversity in cold water areas within the jurisdictional scope of that Convention, adopted in 2016 by the thirteenth meeting of the Conference of the Parties to that Convention;¹⁴³

¹⁴³United Nations Environment Programme, document UNEP/CBD/COP/13/25, sect. I, decision XIII/11, annex II.

269

Calls upon States and international organizations to urgently take further action to address, in accordance with international law, destructive practices that have adverse impacts on marine biodiversity and ecosystems, including seamounts, hydrothermal vents and cold water corals;

270

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

271

Recalls that, in “The future we want”, States reaffirmed the importance of area-based conservation measures, including marine protected areas, consistent with international law and based on best available scientific information, as a tool for conservation of biological diversity and sustainable use of its components, and noted decision X/2 of the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity, that by 2020, 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are to be conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures;¹⁴⁴

¹⁴⁴See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.

272

Encourages States, in this regard, to further progress towards the establishment of marine protected areas, including representative networks, and calls upon States to further consider options to identify and protect ecologically or biologically significant areas, consistent with international law and on the basis of the best available scientific information;

273

Invites States to identify measures to achieve Aichi Biodiversity Target 11, enshrined in decision X/2 of the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity, and takes note of the announcements made by some States in this regard;

274

Reaffirms the need for States to continue and intensify their efforts, directly and through competent international organizations, to develop and facilitate the use of diverse approaches and tools for conserving and managing vulnerable marine ecosystems, including the possible establishment of marine protected areas, consistent with international law, as reflected in the Convention, and based on the best scientific information available;

275

Notes the work of States, relevant intergovernmental organizations and bodies, including the Convention on Biological Diversity, in the assessment of scientific information on and compilation of ecological criteria for the identification of marine areas that may require protection, in the light of the objective of the World Summit on Sustainable Development to develop and facilitate the use of diverse approaches and tools, such as ecosystem approaches and the establishment of marine protected areas consistent with international law, as reflected in the Convention, and based on scientific information, including representative networks;

276

Recalls that the Conference of the Parties to the Convention on Biological Diversity, at its ninth meeting, adopted scientific criteria for identifying ecologically or biologically significant marine areas in need of protection in open-ocean waters and deep-sea habitats and scientific guidance for selecting areas to establish a representative network of marine protected areas, including in open-ocean waters and deep-sea habitats,¹⁴⁵ and notes the ongoing work under the Convention on Biological Diversity on the application of the scientific criteria for ecologically or biologically significant marine areas through the organization of a series of regional workshops;

¹⁴⁵United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I, decision IX/20, annexes I and II.

277

Also recalls that the Food and Agriculture Organization of the United Nations has developed guidance for the identification of vulnerable marine ecosystems through the International Guidelines for the Management of Deep-Sea Fisheries in the High Seas, and notes its ongoing work to support application of the Guidelines by States and to maintain a database of vulnerable marine ecosystems;

278

Notes with appreciation the work of the Sustainable Ocean Initiative under the Convention on Biological Diversity;

279

Notes the ongoing work of the International Maritime Organization to identify and designate as Particularly Sensitive Sea Areas marine areas which are recognized for their significance in terms of ecological, socioeconomic or scientific criteria and are vulnerable to damage by international shipping activities;¹⁴⁶

¹⁴⁶International Maritime Organization, Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas, Assembly resolution A.982(24).

280

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

281

Recalls that, in “The future we want”, States recognized the significant economic, social and environmental contributions of coral reefs, in particular to islands and other coastal States, as well as the significant vulnerability of coral reefs and mangroves to impacts, including from climate change, ocean acidification, overfishing, destructive fishing practices and pollution, and supported international cooperation with a view to conserving coral reef and mangrove ecosystems and realizing their social, economic and environmental benefits, as well as facilitating technical collaboration and voluntary information-sharing;

282

Emphasizes the need to mainstream sustainable coral reef management and integrated watershed management into national development strategies, as well as into the activities of relevant United Nations agencies and programmes, international financial institutions and the donor community;

283

Reiterates its support for the International Coral Reef Initiative, notes that the thirty-fifth International Coral Reef Initiative General Meeting was held online from 1 to 5 February 2021, and supports the elaborated programme of work of the Convention on Biological Diversity on marine and coastal biological diversity related to coral reefs under the Jakarta Mandate on Marine and Coastal Biological Diversity;

284

Encourages States and relevant international institutions to improve efforts to address coral bleaching by, inter alia, improving monitoring to predict and identify bleaching events, supporting and strengthening action taken during such events and improving strategies to manage reefs to support their natural resilience and enhance their ability to withstand other pressures, including ocean acidification, and in this regard also encourages States to implement the priority actions to achieve Aichi Biodiversity Target 10 for coral reefs and closely associated ecosystems, adopted by the twelfth meeting of the Conference of the Parties to the Convention on Biological Diversity;¹⁴⁷

¹⁴⁷United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I, decision XII/23, annex.

285

Encourages States to cooperate, directly or through competent international bodies, in exchanging information in the event of accidents involving vessels on coral reefs and in promoting the development of economic assessment techniques for both restoration and non-use values of coral reef systems;

286

Notes that ocean noise has potential significant adverse impacts on living marine resources, affirms the importance of sound scientific studies in addressing this matter, encourages further research, studies and consideration of the impacts of ocean noise on living marine resources, notes the work of States and competent international organizations in that regard, and requests the Division to continue to compile the peer-reviewed scientific studies it receives from Member States and intergovernmental organizations pursuant to paragraph 107 of resolution 61/222 and, as appropriate, to make them, or references and links to them, available on its website;

287

Also notes the discussions at the nineteenth meeting of the Informal Consultative Process, in 2018, on the theme of anthropogenic underwater noise, during which delegations, inter alia, expressed concern over the potential social, economic and environmental impacts of anthropogenic underwater noise due to the growth of ocean-related human activities, which has resulted in increased sound in many parts of the ocean, as well as the potential impacts of anthropogenic underwater noise on different marine species and, in view of the continuing gaps in knowledge and lack of data, stressed the urgent need for further research and international cooperation to assess and address the potential effects of anthropogenic underwater noise in all ocean areas;¹⁴⁸

¹⁴⁸See A/73/124.

288

Calls upon States to consider appropriate cost-effective measures and approaches to assess and address the potential socioeconomic and environmental impacts of anthropogenic underwater noise, taking into account the precautionary approach and ecosystem approaches and the best available scientific information, as appropriate;

289

Notes the approval by the International Maritime Organization of Guidelines for the Reduction of Underwater Noise from Commercial Shipping to Address Adverse Impacts on Marine Life, and invites the International Maritime Organization to promote and encourage their implementation for existing ships and new vessels, when appropriate, including by promoting measures that may reduce cavitation,¹⁴⁹ and encourages States to continue their work at the International Maritime Organization to enhance understanding of the extent to which improved ship technology, including efficient propeller design, could lead to reduced introduction of underwater noise in the oceans;

¹⁴⁹International Maritime Organization, document MEPC.1/Circ.833, annex.

290

Encourages further research into, and testing of, technologies to reduce the impact of underwater noise on marine life;

XI.Marine science

291

Calls upon States, individually or in collaboration with each other or with competent international organizations and bodies, to continue to strive to improve understanding and knowledge of the oceans and the deep sea, including, in particular, the extent and vulnerability of deep sea biodiversity and ecosystems, by increasing their marine scientific research activities in accordance with the Convention;

292

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

293

Notes with concern that human-related threats, such as marine debris, ship strikes, underwater noise, persistent contaminants, coastal development activities, oil spills and discarded fishing gear, together may severely impact marine life, including its higher trophic levels, and calls upon States and competent international organizations to cooperate and coordinate their research efforts in this regard so as to reduce these impacts and preserve the integrity of the whole marine ecosystem, while fully respecting the mandates of relevant international organizations;

294

Invites all relevant organizations, funds, programmes and bodies within the United Nations system, in consultation with interested States, to coordinate relevant activities with regional and national marine scientific and technological centres in small island developing States, as appropriate, to ensure the more effective achievement of their objectives in accordance with relevant United Nations small island developing States development programmes and strategies;

295

Welcomes the resolution adopted by the Assembly of the Intergovernmental Oceanographic Commission at its twenty-eighth session, held in Paris from 18 to 25 June 2015, regarding the adoption of the Second International Indian Ocean Expedition as an important catalyst project linking Indian Ocean processes to the global ocean and atmosphere, officially launched in Goa, India, on 4 December 2015 for an initial period of five years and continued to at least 2025, invites States to participate in this initiative, and notes that two nodes of the Second International Indian Ocean Expedition Joint Project Office have been established to coordinate operations of the expedition in Perth, Australia, and Hyderabad, India;

296

Notes with appreciation the work of the Intergovernmental Oceanographic Commission, with the advice of the Advisory Body of Experts on the Law of the Sea, on the development of procedures for the implementation of Parts XIII and XIV of the Convention;

297

Notes that the depth of a significant percentage of the world’s oceans, seas and waterways has yet to be measured directly and that bathymetric knowledge underpins the safe, sustainable and cost-effective execution of almost every human activity in, on or under the sea;

298

Welcomes the work of the General Bathymetric Chart of the Oceans project under the International Hydrographic Organization and the Intergovernmental Oceanographic Commission and, in particular, the outcome of the Forum for Future Ocean Floor Mapping, held in June 2016 in Monaco, and the subsequent development by the Guiding Committee of the Seabed 2030 project for improving bathymetry globally;

299

Encourages Member States to consider contributing to mechanisms that encourage the widest possible availability of all bathymetric data, so as to support the sustainable development, management and governance of the marine environment;

300

Notes with appreciation the contribution to marine biodiversity research of the Ocean Biogeographic Information System, a free and open-access data holding and sharing facility, hosted by the Intergovernmental Oceanographic Commission;

301

Welcomes the increasing attention being focused on oceans as a potential source of renewable energy, and notes in this regard the summary of discussions of the Informal Consultative Process at its thirteenth meeting, in 2012;¹⁵⁰

¹⁵⁰See A/67/120.

302

Stresses the importance of increasing the scientific understanding of the oceans-atmosphere interface, including through participation in ocean observing programmes and geographic information systems, such as the Global Ocean Observing System, sponsored by the Intergovernmental Oceanographic Commission, the United Nations Environment Programme, the World Meteorological Organization and the International Science Council, particularly considering their role in monitoring and forecasting climate change and variability, in supporting Earth system prediction¹⁵¹ and in the establishment and operation of tsunami warning systems;

¹⁵¹See World Meteorological Organization resolution 47 (Cg-18).

303

Welcomes the progress made by the Intergovernmental Oceanographic Commission and Member States towards the establishment and operation of regional and national tsunami warning and mitigation systems, also welcomes the continued collaboration of the United Nations and other intergovernmental organizations in this effort, further welcomes the development and recent dissemination of the new Enhanced Tsunami Products for the Pacific Tsunami Warning and Mitigation System and the development of Enhanced Tsunami Products for the Tsunami and Other Coastal Hazards Warning System for the Caribbean and Adjacent Regions, which will assist countries in the Pacific and the Caribbean to assess tsunami threats and issue warnings, and encourages Member States to establish and sustain their national warning and mitigation systems, within a global, ocean-related multi-hazard approach, as necessary, to reduce loss of life and damage to national economies and strengthen the resilience of coastal communities to natural disasters;

304

Stresses the need for continued efforts in developing mitigation and preparedness measures for natural disasters, particularly following tsunami events such as the 11 March 2011 event in Japan and the events on 28 September and 22 December 2018 in Indonesia;

305

Takes note of the sixth Global Environment Outlook, entitled Healthy Planet, Healthy People, approved on 24 January 2019, which, inter alia, identifies the principal drivers of change facing oceans and coasts and their impacts;

306

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

307

Notes the discussions at the twentieth meeting of the Informal Consultative Process, from 10 to 14 June 2019, on the theme of ocean science and the United Nations Decade of Ocean Science for Sustainable Development, during which delegations, inter alia, stressed the importance of marine scientific research, international cooperation and coordination, as well as of a stronger science-policy interface in understanding and effectively addressing the unprecedented pressures on the ocean, provided input to assist in preparing for the Decade and considered that the Decade will be an important opportunity to address gaps in ocean science, increase knowledge, improve synergies and support the sustainable conservation and management of marine resources, and during which several delegations underlined the important complementary role of traditional knowledge held by indigenous peoples and local communities;¹⁵²

¹⁵²See A/74/119.

308

Welcomes the steps taken by the Intergovernmental Oceanographic Commission to prepare the implementation plan for the United Nations Decade of Ocean Science for Sustainable Development (2021–2030) in consultation with Member States, specialized agencies, funds, programmes and bodies of the United Nations, as well as other intergovernmental organizations, non-governmental organizations and relevant stakeholders, and takes note with appreciation of that plan;

309

Welcomes the high-level launch of the United Nations Decade of Ocean Science for Sustainable Development on 1 June 2021;

310

Notes resolution A-31/1 of the Assembly of the Intergovernmental Oceanographic Commission, which supports the establishment of the Decade Coordination Unit within the secretariat of the Intergovernmental Oceanographic Commission as the primary mechanism to achieve orderly, impactful, inclusive and effective implementation of the United Nations Decade of Ocean Science for Sustainable Development, and establishes the Decade Advisory Board, responsible for providing direct advice to the Executive Secretary of the Intergovernmental Oceanographic Commission on the implementation of the Decade,¹⁵³ and decision A-31/3.4.1 of the Assembly of the Intergovernmental Oceanographic Commission, which establishes an Ocean Decade Tsunami Programme with a view to achieving transformational advances in tsunami detection, measurement and forecasting, including tsunamis generated by non-seismic sources, with the aim of making100 per cent of communities at risk of tsunami prepared for and resilient to tsunamis by 2030;¹⁵⁴

¹⁵³See Intergovernmental Oceanographic Commission, document IOC/A-31/Decisions.

¹⁵⁴Ibid.

311

Requests that the Intergovernmental Oceanographic Commission regularly consult with, and report to, Member States on the United Nations Decade of Ocean Science for Sustainable Development and its implementation;

312

Invites the Secretary-General to inform the General Assembly on the implementation of the United Nations Decade of Ocean Science for Sustainable Development through his report on oceans and the law of the sea, on the basis of information to be provided by the Intergovernmental Oceanographic Commission;

313

Invites UN-Oceans and its participants to collaborate with the Intergovernmental Oceanographic Commission on the United Nations Decade of Ocean Science for Sustainable Development, and in this regard notes the adoption by the Authority of the action plan in support of the Decade;¹⁵⁵

¹⁵⁵See ISBA/26/A/17.

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

314

Reiterates the need to strengthen the regular scientific assessment of the state of the marine environment in order to enhance the scientific basis for policymaking;

315

Reaffirms the principles guiding the Regular Process and its objective and scope, recalls the crucial importance of the Regular Process for ongoing ocean-related intergovernmental processes and its possible inputs, including for the 2030 Agenda, the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, the United Nations Framework Convention on Climate Change and the Informal Consultative Process, among other relevant processes, and notes the importance of continuing support and cooperation between the activities of the United Nations Decade of Ocean Science for Sustainable Development and those of the Regular Process;

316

Recalls the importance of ensuring that assessments, such as those included in the Global Sustainable Development Report and those prepared under the Intergovernmental Panel on Climate Change, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services and the Regular Process, support one another and avoid unnecessary duplication, and also recalls the importance of compatibility and synergies between such assessments and assessments at the regional level;

317

Also recalls that the Regular Process shall be overseen and guided by the Ad Hoc Working Group of the Whole and that the Ad Hoc Working Group of the Whole shall facilitate the delivery of the outputs of the third cycle as outlined in the programme of work for the third cycle of the Regular Process,¹⁵⁶ and endorses the recommendations adopted by the Ad Hoc Working Group of the Whole at its fifteenth meeting on the launch of the second World Ocean Assessment and progress in the implementation of the programme of work for the third cycle of the Regular Process;¹⁵⁷

¹⁵⁶A/75/362, annex.

¹⁵⁷See A/76/391.

318

Recognizes the importance of raising awareness of the second World Ocean Assessment and the Regular Process, and welcomes the launch of the second World Ocean Assessment on 21 April 2021 as well as other activities undertaken to raise awareness of the second World Ocean Assessment and the Regular Process;

319

Recognizes with appreciation the role of the Co-Chairs and the Bureau of the Ad Hoc Working Group of the Whole in putting into practice the decisions and guidance of the Ad Hoc Working Group during the intersessional period, requests the Bureau to continue to provide oversight of the delivery of the programme of work for the third cycle of the Regular Process, and recognizes the support provided by the secretariat in that regard;

320

Takes note of the terms of reference for national focal points and for focal points of intergovernmental entities developed by the Bureau of the Ad Hoc Working Group of the Whole in accordance with the programme of work for the third cycle of the Regular Process;

321

Invites States that have not yet done so to designate national focal points to facilitate the implementation of the programme of work for the third cycle of the Regular Process and beyond;

322

Invites the secretariats of relevant United Nations specialized agencies, programmes, funds and bodies and the secretariats of related organizations and conventions to designate focal points to facilitate the implementation of the programme of work for the third cycle and beyond;

323

Invites the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the United Nations Environment Programme, the International Maritime Organization, the Food and Agriculture Organization of the United Nations, the World Meteorological Organization and relevant United Nations system organizations, bodies, funds and programmes, as appropriate, to assist in the implementation of the third cycle of the Regular Process;

324

Invites relevant intergovernmental organizations to contribute, as appropriate, to the activities of the third cycle;

325

Welcomes the constitution of the Group of Experts for the third cycle of the Regular Process, which currently consists of 21 members, and notes with appreciation the work being carried out by the members of the Group of Experts in the implementation of the programme of work for the third cycle of the Regular Process;

326

Recalls that the Group of Experts for the third cycle of the Regular Process shall comprise a maximum of 25 experts, with no more than five experts per regional group, and encourages regional groups that have appointed fewer than five experts to continue to appoint experts to the Group of Experts, taking into account the need to ensure adequate expertise, gender balance and geographical distribution;

327

Notes the endorsement by the Ad Hoc Working Group of the Whole of the terms of reference and working methods of the Group of Experts for the third cycle of the Regular Process, developed by the Bureau of the Ad Hoc Working Group of the Whole in accordance with the programme of work for the third cycle of the Regular Process and revised during the fifteenth meeting of the Ad Hoc Working Group of the Whole;

328

Takes note of the mechanism to establish the Pool of Experts for the third cycle of the Regular Process, developed by the Bureau of the Ad Hoc Working Group of the Whole in accordance with the programme of work for the third cycle of the Regular Process and revised during the fifteenth meeting of the Ad Hoc Working Group of the Whole, encourages the appointment of experts to the Pool of Experts in accordance with the mechanism, and requests the Bureau of the Ad Hoc Working Group of the Whole to provide oversight of the establishment of the Pool of Experts;

329

Recognizes the need for early preparation of regional workshops as outlined in the programme of work for the third cycle of the Regular Process, and invites States to consider hosting such workshops and inform the secretariat of their intent as early as possible;

330

Urges States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make financial contributions to the voluntary trust fund and to make other contributions to the Regular Process;

331

Requests the Secretary-General to convene, in 2022, up to two meetings of the Ad Hoc Working Group of the Whole of no more than two days total duration for each meeting, one in the first half of 2022 and another in the second half of 2022;

XIII.Regional cooperation

332

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

333

Invites States and international organizations to enhance their cooperation to better protect the marine environment;

334

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

335

Recalls the outcome document of the third International Conference on Small Island Developing States, the SIDS Accelerated Modalities of Action (SAMOA) Pathway¹⁵⁸ and the modalities set forth for strengthened action on a range of small island developing States challenges and priorities, including challenges related to the conservation and sustainable use of marine resources, and the preservation of the marine environment, and in this regard welcomes the convening of the high-level midterm review of the Samoa Pathway in September 2019 and the adoption of its political declaration,¹⁵⁹ which notes the importance of oceans, seas and marine resources to small island developing States and acknowledges their efforts to develop and implement strategies for the conservation and sustainable use of the ocean and its resources, and reaffirms its commitment to work with small island developing States towards the full implementation of the Samoa Pathway to ensure its success;

¹⁵⁸Resolution 69/15, annex.

¹⁵⁹Resolution 74/3.

336

Recognizes the results of the International Polar Year, 2007–2008 with particular emphasis on new knowledge about the linkages between environmental change in the polar regions and global climate systems, and encourages States and scientific communities to strengthen their cooperation in this respect;

337

Acknowledges the important contributions to scientific understanding of the marine environment and its resources, as well as the scientific advice for their sustainable use, provided by the International Council for the Exploration of the Sea in its wide-ranging cooperation with organizations at the regional level under the Convention for the International Council for the Exploration of the Sea, 1964;¹⁶⁰

¹⁶⁰United Nations, Treaty Series, vol. 652, No. 9344.

338

Welcomes regional cooperation, and in this regard notes the Pacific Oceanscape Framework as an initiative to enhance cooperation among coastal States in the Pacific island region to foster marine conservation and sustainable development;

339

Notes in this regard the endorsement of the Pacific Islands Forum leaders on 6 August 2021 at the fifty-first Pacific Islands Forum of a declaration on preserving maritime zones in the face of climate change-related sea level rise, and of the Heads of State and Government of the Alliance of Small Island States on 22 September 2021 of the Leaders’ Declaration addressing, inter alia, the relationship between climate change-related sea level rise and Forum and Alliance members’ maritime zones in response to long-standing concerns in the face of climate change-related sea level rise;

340

Notes with appreciation the various cooperative efforts displayed by States at the regional and subregional levels, and in this regard welcomes initiatives, such as the Integrated Assessment and Management of the Gulf of Mexico Large Marine Ecosystem;

341

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

342

Recalls the decision of the Assembly of the African Union in January 2015 to adopt Agenda 2063, also recalls that the African Union launched the Decade of African Seas and Oceans (2015–2025), and notes that the African Day of the Seas and Oceans is celebrated annually on 25 July;

343

Notes the adoption of the Vienna Programme of Action for Landlocked Developing Countries for the Decade 2014–2024 by the second United Nations Conference on Landlocked Developing Countries, held in Vienna from 3 to 5 November 2014,¹⁶¹ following the comprehensive 10-year review of the implementation of the Almaty Programme of Action: Addressing the Special Needs of Landlocked Developing Countries within a New Global Framework for Transit Transport Cooperation for Landlocked and Transit Developing Countries,¹⁶² also notes the need for cooperation to address the development needs and challenges faced by landlocked developing countries associated with, inter alia, their lack of direct territorial access to the sea, remoteness and isolation from world markets, in line with the objectives of the Vienna Programme of Action, and further notes the adoption of the road map for accelerated implementation of the Vienna Programme of Action for Landlocked Developing Countries in the remaining five years at the annual ministerial meeting of the Group of Landlocked Developing Countries, held virtually on 23 September 2020;

¹⁶¹Resolution 69/137, annex II.

¹⁶²Report of the International Ministerial Conference of Landlocked and Transit Developing Countries and Donor Countries and International Financial and Development Institutions on Transit Transport Cooperation, Almaty, Kazakhstan, 28 and 29 August 2003 (A/CONF.202/3), annex I.

344

Also notes the efforts of the Sargasso Sea Commission, led by the Government of Bermuda, to raise awareness of the ecological significance of the Sargasso Sea;

345

Further notes the Agreement on Enhancing International Arctic Scientific Cooperation, negotiated under the auspices of the Arctic Council, and notes that its implementation will increase the development of scientific knowledge about the region;

346

Notes the cooperation between the OSPAR Commission established by the Convention for the Protection of the Marine Environment of the North-East Atlantic¹⁶³ and the North-East Atlantic Fisheries Commission;

¹⁶³United Nations, Treaty Series, vol. 2354, No. 42279.

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

347

Welcomes the report of the Co-Chairs on the work of the Informal Consultative Process at its twenty-first meeting, which focused on the theme of sea level rise and its impacts;

348

Recognizes the role of the Informal Consultative Process as a unique forum for comprehensive discussions on issues related to oceans and the law of the sea, consistent with the framework provided by the Convention and chapter 17 of Agenda 21, and that the perspective of the three pillars of sustainable development should be further enhanced in the examination of the selected topics;

349

Welcomes the work of the Informal Consultative Process and its contribution to improving coordination and cooperation between States and strengthening the annual debate of the General Assembly on oceans and the law of the sea by effectively drawing attention to key issues and current trends;

350

Also welcomes efforts to improve and focus the work of the Informal Consultative Process, and in that respect recognizes the primary role of the Informal Consultative Process in integrating knowledge, the exchange of opinions among multiple stakeholders and coordination among competent agencies, and enhancing awareness of topics, including emerging issues, while promoting the three pillars of sustainable development;

351

Recalls the need to strengthen and improve the efficiency of the Informal Consultative Process, and encourages States, intergovernmental organizations and programmes to provide guidance to the Co-Chairs to this effect, particularly before and during the preparatory meeting for the Informal Consultative Process;

352

Decides to continue the Informal Consultative Process for the next two years, in accordance with resolution 54/33, with a further review of its effectiveness and utility by the General Assembly at its seventy-eighth session;

353

Requests the Secretary-General to convene, in accordance with paragraphs 2 and 3 of resolution 54/33, the twenty-second meeting of the Informal Consultative Process, in New York for eight meetings during the week of 6 to 10 June 2022, to provide it with the facilities necessary for the performance of its work, including documentation, and to arrange for support to be provided by the Division, in cooperation with other relevant parts of the Secretariat, as appropriate;

354

Expresses its continued serious concern regarding the lack of resources available in the voluntary trust fund established pursuant to resolution 55/7 for the purpose of assisting developing countries, in particular least developed countries, small island developing States and landlocked developing States, in attending the meetings of the Informal Consultative Process, and urges States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make additional contributions to the trust fund;

355

Decides that those representatives from developing countries who are invited by the Co-Chairs, in consultation with Governments, to make presentations during the meetings of the Informal Consultative Process shall receive priority consideration in the disbursement of funds from the voluntary trust fund established pursuant to resolution 55/7 in order to cover the costs of their travel, and shall also be eligible to receive daily subsistence allowance subject to the availability of funds after the travel costs of all other eligible representatives from those countries mentioned in paragraph 354 above have been covered;

356

Decides that, in its deliberations on the report of the Secretary-General on oceans and the law of the sea, the Informal Consultative Process shall focus its discussions at its twenty-second meeting, in 2022, on the theme “Ocean observing”;

XV.Coordination and cooperation

357

Encourages States to work closely with and through international organizations, funds and programmes, as well as the specialized agencies of the United Nations system and relevant international conventions, to identify emerging areas of focus for improved coordination and cooperation and how best to address these issues;

358

Expresses its concern at the desecration of graves at sea and the looting of wrecks of ships constituting such graves, and calls upon States to cooperate, as appropriate, to prevent the looting and desecration of wrecks of ships constituting graves in order to ensure that proper respect is given to all human remains located in maritime waters, consistent with international law, including, as appropriate, the 2001 Convention on the Protection of the Underwater Cultural Heritage, among parties thereto;

359

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

360

Requests the Secretary-General to bring the present resolution to the attention of heads of intergovernmental organizations, the specialized agencies, funds and programmes of the United Nations engaged in activities relating to ocean affairs and the law of the sea, as well as funding institutions, and underlines the importance of their constructive and timely input for the report of the Secretary-General on oceans and the law of the sea and of their participation in relevant meetings and processes;

361

Welcomes the work done by the secretariats of relevant United Nations specialized agencies, programmes, funds and bodies and the secretariats of related organizations and conventions to enhance inter-agency coordination and cooperation on ocean issues, including, where appropriate, through UN-Oceans, the inter-agency coordination mechanism on ocean and coastal issues within the United Nations system;

362

Recognizes the work undertaken by UN-Oceans, in particular the inventory of mandates and the development of a draft methodology for the indicator for target 14.c of the 2030 Agenda, under the revised terms of reference for the work of UN-Oceans, and with the United Nations Legal Counsel/the Division as the focal point of UN-Oceans, and, as an interim measure, in this regard invites States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to make financial earmarked contributions to the trust fund established by the Secretary-General for the Office of Legal Affairs to support the promotion of international law, and authorizes the Secretary-General to disburse funds from such contributions to that trust fund for the purposes of the maintenance of an online searchable database for an inventory of the mandates of UN-Oceans members and priorities approved by the respective governing bodies of the participating organizations of UN-Oceans, with a view to identifying possible areas of collaboration and synergy, as well as for travel associated with the performance of the functions of the focal point;

363

Recalls its decision to defer the review of the terms of reference for the work of UN-Oceans until its seventy-fifth session, and decides to further defer the review until its seventy-seventh session;

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

364

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

365

Notes with satisfaction the thirteenth observance by the United Nations of World Oceans Day in 2021,¹⁶⁴ recognizes with appreciation the efforts deployed by the Division in this regard, and invites the Division to continue to promote and facilitate international cooperation on the law of the sea and ocean affairs in the context of the future observance of World Oceans Day, as well as through its participation in other events;

¹⁶⁴By its resolution 63/111, the General Assembly designated 8 June as World Oceans Day.

366

Recalls the responsibilities and functions entrusted to the Secretary-General in the Convention and in the related resolutions of the General Assembly, including resolutions 49/28 and 52/26, notes the increased number of requests to the Division for additional outputs and servicing of meetings and in relation to the support to be provided by the Division as secretariat of the Regular Process during the third cycle of the Regular Process, and requests the Secretary-General to ensure the allocation of appropriate resources to the Division for the performance of its activities under the approved budget for the Organization;

367

Requests the Secretary-General to continue the publication activities of the Division, in particular through a publication marking the fortieth anniversary of the adoption and opening for signature of the Convention¹⁶⁵ and the publication of the Law of the Sea Bulletin;

¹⁶⁵This publication replaces the guide on the capacity-building programme and the voluntary trust funds administered by the Division.

XVII.Commemoration of the fortieth anniversary of the adoption and opening for signature of the Convention

368

Decides to devote two days of plenary meetings at its seventy-seventh session, on 8 and 9 December 2022, within overall existing resource levels, to the consideration of the item entitled “Oceans and the law of the sea” and the commemoration of the fortieth anniversary of the adoption and opening for signature of the Convention, including special recognition of the crucial role played by Ambassador Arvid Pardo of Malta and, in particular, his visionary speech delivered on 1 November 1967 before the General Assembly, leading to the adoption of the Convention, and encourages Member States and observers to be represented at the highest possible level;

369

Invites States Parties to the Convention to commemorate at their thirty-second meeting the fortieth anniversary of the adoption and opening for signature of the Convention;

370

Requests the Secretary-General to organize, as appropriate and within overall existing resource levels, activities to mark this occasion, and invites States, United Nations agencies, funds and programmes, intergovernmental and non-governmental organizations and other relevant bodies, in accordance with the practices of the United Nations, to support these activities, as appropriate;

XVIII.Seventy-seventh session of the General Assembly

371

Requests the Secretary-General to prepare reports for consideration by the General Assembly at its seventy-seventh session, namely a report on developments and issues relating to ocean affairs and the law of the sea, including the implementation of the present resolution, in accordance with resolutions 49/28, 52/26 and 54/33, and a report on the topic that is the focus of the twenty-second meeting of the Informal Consultative Process;

372

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

373

Notes that the reports referred to in paragraph 371 above will also be submitted to States Parties pursuant to article 319 of the Convention regarding issues of a general nature that have arisen with respect to the Convention;

374

Also notes the desire to further improve the efficiency of and effective participation of delegations in the informal consultations concerning the annual General Assembly resolution on oceans and the law of the sea, decides that the period of the informal consultations on that resolution should not exceed a maximum of eight days in total and that the consultations should be scheduled in such a way that the Division has sufficient time to produce the report on developments and issues relating to ocean affairs and the law of the sea referred to in paragraph 371 above, requests the Secretary-General to continue to provide support to the consultations through the Division, and encourages States to submit proposals for the resolution to the Coordinator of the informal consultations no later than one week before the first day of the first round of the informal consultations;

375

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