Oceans and the Law of the Sea

A/RES/77/248View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 72a Oceans and the law of the sea, published in 2022.

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?

397 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);²⁵

²⁵Ibid., 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;

Recalls 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 Convention²⁶ and 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 prepared by the Secretariat;²⁷

²⁶SPLOS/30/12.

²⁷Available 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;

Calls upon States that have not yet done so to consider becoming parties to the 2001 Convention on the Protection of the Underwater Cultural Heritage,²⁸ 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;

²⁸United 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;²⁹

²⁹See 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;

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;

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, in the area of mitigation of and adaptation to climate change impacts on the ocean, including protection of coasts against sea level rise;

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;³⁰

³⁰See 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 1,040 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, held in Malta on 2 and 3 June 2022, in cooperation with the International Maritime Law Institute of the International Maritime Organization and with the support of the Government of Cyprus and the Korea Maritime Institute;

Also welcomes the efforts of the Tribunal in holding capacity-building workshops, including the latest workshop, on the settlement of disputes under the Convention for the legal advisers from the Asia-Pacific region, held at the Tribunal from 11 to 16 September 2022, sponsored by the Government of the Republic of Korea;

Further 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;³¹

³¹United 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;³²

³²See 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, built capacity and promoted 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;³³

³³ISBA/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,³⁴ 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;

³⁴See 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 Procedure³⁵ and the Scientific and Technical Guidelines of the Commission;³⁶

³⁵CLCS/40/Rev.1.

³⁶CLCS/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, which concluded on 30 June 2022;

Also notes with appreciation the implementation 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, which has included the delivery of technical assistance in ocean affairs to developing countries and the delivery of customized regional training courses;

Further notes with appreciation the joint delivery of regional online trainings for East Africa, West Africa and the Pacific on ocean affairs and the law of the sea, including the development of a self-paced e-learning platform by the Division and other partners under the PROBLUE Ocean Governance Capacity-Building Training Programme (World Bank);

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;³⁷

³⁷Resolutions 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 a concern and that contributions are encouraged 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 Fellowship Programme and the United Nations-Nippon Foundation Sustainable Ocean Programme, the latter of which came to an end in 2022 and included 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-second Meeting of States Parties to the Convention;

Requests the Secretary-General to continue to provide services to the thirty-second Meeting of States Parties to the Convention, including documentation, to convene the thirty-third Meeting of States Parties from 12 to 16 June 2023, with full conference services, including documentation, as required, and to convene the thirty-fourth Meeting of States Parties for five days in 2024, with full conference services, including documentation, as required;

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

Notes with appreciation that the fortieth anniversary of the adoption and opening for signature of the Convention was commemorated at a meeting of the General Assembly on 29 April 2022 convened by the President of the General Assembly, by States Parties to the Convention at their thirty-second Meeting, and at a meeting of the Assembly of the Authority on 1 August 2022;

Also notes with appreciation the activities organized by the Secretary-General to mark the anniversary, in cooperation with United Nations agencies, funds and programmes;

V.Peaceful settlement of disputes

Notes with satisfaction the continued and significant contribution of the Tribunal to the settlement of disputes by peaceful means in accordance with Part XV of the Convention, and underlines the important role and authority of the Tribunal concerning the interpretation or application of the Convention and the Part XI Agreement;

Pays tribute to the important and long-standing role of the International Court of Justice with regard to the peaceful settlement of disputes concerning the law of the sea;

Notes that States parties to an international agreement 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, in 2018, which assisted the parties in reaching agreement on a treaty establishing their maritime boundaries,³⁸ and encourages States to consider all means to peacefully settle disputes in accordance with international law;

³⁸See A/73/368, para. 19.

VI.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, as at 15 June 2022, 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 and that the Council approved the applications for the extension of approved plans of work for exploration for polymetallic nodules by 8 contractors;³⁹

³⁹See ISBA/27/C/28.

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 the coronavirus disease (COVID-19) and the limitations recommended on meetings within its premises until the conclusion of the twenty-sixth session of the Authority in December 2021 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 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 as well as the relevant standards and guidelines, and emphasizes the ongoing need for openness and transparency and for the draft regulations to ensure that any exploitation activities would take place with the effective protection of the marine environment in accordance with the Convention;

Notes that the Council took stock during its November 2022 meeting of advances achieved in the elaboration of the regulatory framework for exploitation, including the standards and guidelines, and that, in addition, the Council discussed possible scenarios, as foreseen in section 1, paragraph 15 of the annex to the Part XI Agreement, and decided to continue the discussion at the twenty-eighth session;

Also notes the decisions adopted on the development of binding environmental threshold values and on the commissioning of a study on the internalization of environmental costs of exploitation activities in the Area;

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.

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 decision of the Assembly on the implementation of the strategic plan of the Authority for the period 2019–2023;⁴¹

⁴¹ISBA/26/A/32.

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

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;⁴²

⁴²See ISBA/23/A/2.

Notes the adoption by the Council of the decision relating to the review of the implementation of the environmental management plan for the Clarion-Clipperton Zone, including the approval of the designation of four additional areas of particular environmental interest,⁴³ and the progress made in the development of the environmental management plan for the area of the northern Mid-Atlantic Ridge, including the stakeholder consultation conducted for this purpose,⁴⁴ and encourages the Authority to continue 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;⁴⁵

⁴³ISBA/26/C/58.

⁴⁴See ISBA/26/C/13/Add.1.

⁴⁵See ISBA/26/C/10.

VII.Effective functioning of the Authority and the Tribunal

Commends the progress in the work of the Authority;

Also commends the work of the Tribunal since its establishment;

Appeals to all States Parties to the Convention to pay their assessed contributions to the 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;⁴⁶

⁴⁶See 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;

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;⁴⁷

⁴⁷Ibid.

Notes with serious concern the depleted balance of the voluntary trust fund established pursuant to the decision of the Authority at its eighth session⁴⁸ 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;⁴⁹

⁴⁸See ISBA/8/A/11.

⁴⁹See 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,⁵⁰ 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;⁵¹

⁵⁰See ISBA/12/A/11.

⁵¹See 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 Tribunal⁵² and to the Protocol on the Privileges and Immunities of the Authority;⁵³

⁵²United Nations, Treaty Series, vol. 2167, No. 37925.

⁵³Ibid., 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;

VIII.The continental shelf and the work of the Commission

Recalls that, in accordance with article 76, paragraph 8, of the Convention, information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission set up under annex II to the Convention on the basis of equitable geographical representation, that the Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf, and that the limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding;

Also recalls that, in accordance with article 77, paragraph 3, of the Convention, the rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation;

Notes with satisfaction that a considerable number of States Parties to the Convention have submitted information to the Commission regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles, in conformity with article 76 of the Convention and article 4 of annex II to the Convention, taking into account the decision of the eleventh Meeting of States Parties to the Convention contained in SPLOS/72, paragraph (a);

Also notes with satisfaction that a considerable number of States Parties to the Convention have submitted to the Secretary-General, pursuant to the decision of the eighteenth Meeting of States Parties to the Convention,⁵⁴ 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;

⁵⁴See SPLOS/183.

Further notes with satisfaction the progress in the work of the Commission⁵⁵ 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;

⁵⁵See CLCS/53/1 and CLCS/54/2.

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 with its full membership and maintain its high level of quality and expertise;

Invites the Commission, consistent with its decision at its forty-fourth session,⁵⁶ to continue, during its next five-year term of office, to meet for a total of 21 weeks per year by holding three sessions of seven weeks each, with no two sessions being sequential, and further notes that more than nine subcommissions are actively considering submissions;

⁵⁶See CLCS/100.

100

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;

101

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;

102

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;

103

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;

104

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;

105

Notes that the Meeting of States Parties to the Convention, in its decisions regarding the conditions of service of the members of the Commission,⁵⁷ 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;

⁵⁷SPLOS/276 and SPLOS/286.

106

Also notes the request of the thirty-second 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;⁵⁸

⁵⁸See SPLOS/32/15.

107

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;

108

Reiterates its serious concern that the chronic underfunding of the trust fund referred to in paragraph 107 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;

109

Authorizes the use, as appropriate, of the trust fund referred to in paragraph 107 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;

110

Notes the challenges faced by the Commission during the continued COVID-19 pandemic in carrying out its work as described in the letter dated 28 March 2022 from the Chair of the Commission addressed to the President of the thirty-second Meeting of States Parties;⁵⁹

⁵⁹SPLOS/32/7.

111

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;

112

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 107 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);

113

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 2023, 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;

114

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 107 above;

115

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;

116

Approves the convening by the Secretary-General of the fifty-seventh, fifty-eighth and fifty-ninth sessions of the Commission, in New York, from 23 January to 10 March 2023, from 5 July to 22 August 2023 and from 4 October to 21 November 2023, respectively, with full conference services, including documentation, for the plenary parts of these sessions,⁶⁰ also approves the convening by the Secretary-General of the sixtieth, sixty-first and sixty-second sessions of the Commission for 21 weeks in 2024, in New York, with full conference services, including documentation, for the plenary parts of these sessions, 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;

⁶⁰From 30 January to 10 February 2023 and from 6 to 10 March 2023 during the fifty-seventh session, and on 5 July 2023 and from 8 to 11 August 2023 during the fifty-eighth session.

117

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;

118

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;

119

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;

IX.Maritime safety and security and flag State implementation

120

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;

121

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;

122

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;

123

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;

124

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;⁶¹

⁶¹United Nations, Treaty Series, vol. 591, No. 8564.

125

Notes the adoption by the Assembly of the International Maritime Organization on 9 December 2021 of resolution A.1170(32), proclaiming an International Day for Women in Maritime, to be observed on 18 May every year;

126

Invites States that have not yet done so to become parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978,⁶² as amended, and the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;

⁶²Ibid., vol. 1361, No. 23001.

127

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)⁶³ and the Protocol to the Forced Labour Convention, 1930 (No. 29) of the International Labour Organization, as well as to the Maritime Labour Convention, 2006,⁶⁴ 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;

⁶³Ibid., vol. 2304, No. 41069.

⁶⁴Ibid., vol. 2952, No. 51299.

128

Recalls 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;

129

Invites in this regard 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;

130

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;

131

Notes the adoption by the Assembly of the International Maritime Organization on 15 December 2021 of resolution A.1160(32) on comprehensive action to address seafarers’ challenges during the COVID-19 pandemic;

132

Also notes the convening, pursuant to a resolution of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended, concerning the implementation and practical application of that Convention during the COVID-19 pandemic,⁶⁵ of an ad hoc United Nations inter-agency task force to examine the implementation and practical application of that Convention during the pandemic, including its impact on seafarers’ fundamental rights and on the shipping industry;⁶⁶

⁶⁵International Labour Organization, document STCMLC/Part I/2021/2.

⁶⁶International Labour Organization, document GB.342/Decisions, para. 8.1 (c).

133

Further 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;

134

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;

135

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-ninth Association of Southeast Asian Nations (ASEAN) Regional Forum, held on 5 August 2022;

136

Encourages African Member States of the United Nations that have not yet done so to consider ratifying the Charter on Maritime Security and Safety and Development in Africa (Lomé Charter) to facilitate its entry into force;

137

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;

138

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;

139

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;

140

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;

141

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;

142

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;

143

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;

144

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;

145

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;

146

Recalls the 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;⁶⁷

⁶⁷See S/2013/623, paras. 11–13, and S/2014/740, para. 10.

147

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;

148

Notes the continued efforts within the Contact Group on Illicit Maritime Activities in the Western Indian Ocean following the adoption of Security Council resolution 1851 (2008) of 16 December 2008, including at its twenty-fourth plenary session, chaired by Kenya, in January 2022, and commends the contributions of all States in the efforts to fight piracy off the coast of Somalia;

149

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;

150

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;

151

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;

152

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

153

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;

154

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;

155

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, 2039 (2012) of 29 February 2012 and 2634 (2022) of 31 May 2022 and the statement by the President of the Council of 25 April 2016,⁶⁸ 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,⁶⁹ 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;

⁶⁸S/PRST/2016/4; see Resolutions and Decisions of the Security Council, 1 August 2015–31 December 2016 (S/INF/71).

⁶⁹International Maritime Organization, document MSC 103/21/Add.1, annex 9.

156

Urges States to ensure the full implementation of resolution A.1159(32) of 15 December 2021 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;

157

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 Navigation⁷⁰ and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,⁷¹ 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 Navigation⁷² 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,⁷³ and urges States parties to take appropriate measures to ensure the effective implementation of those instruments through the adoption of legislation, where appropriate;

⁷⁰United Nations, Treaty Series, vol. 1678, No. 29004.

⁷¹Ibid.

⁷²International Maritime Organization, document LEG/CONF.15/21.

⁷³International Maritime Organization, document LEG/CONF.15/22.

158

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,⁷⁴ and to work with the International Maritime Organization to promote safe and secure shipping while ensuring freedom of navigation;

⁷⁴International 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.

159

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;

160

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 thirteenth Cooperation Forum in Malaysia and by videoconference on 18 and 19 July 2022, the thirteenth Project Coordination Committee Meeting, in Malaysia on 22 July 2022, the forty-fifth Tripartite Technical Experts Group Meeting in Malaysia on 20 and 21 July 2022 and the twenty-sixth Aids to Navigation Fund Committee Meeting in Indonesia and by videoconference on 21 and 22 June 2022, 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;

161

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;

162

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;

163

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;

164

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,⁷⁵ the United Nations Convention against Corruption⁷⁶ and the Convention on International Trade in Endangered Species of Wild Fauna and Flora,⁷⁷ 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, and encourages States to implement the International Maritime Organization guidelines for the prevention and suppression of the smuggling of wildlife on ships engaged in international maritime traffic;

⁷⁵United Nations, Treaty Series, vol. 2225, No. 39574.

⁷⁶Ibid., vol. 2349, No. 42146.

⁷⁷Ibid., vol. 993, No. 14537.

165

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;

166

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;

167

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,⁷⁸ 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,⁷⁹ and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,⁸⁰ and to take appropriate measures to ensure their effective implementation;

⁷⁸Ibid., vol. 2241, No. 39574.

⁷⁹Ibid., vol. 2326, No. 39574.

⁸⁰Ibid., vol. 2237, No. 39574.

168

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;

169

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;

170

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;

171

Calls upon States that have accepted the amendments to regulation XI-1/6 of the International Convention for the Safety of Life at Sea, 1974,⁸¹ to implement the Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident,⁸² 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;

⁸¹International Maritime Organization, document MSC 84/24/Add.1, annex 3, resolution MSC.257(84).

⁸²Ibid., annex 1, resolution MSC.255(84).

172

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;

173

Recognizes the important work of the International Hydrographic Organization and regional hydrographic commissions, calls upon States that have not yet done so to consider becoming members of that Organization, encourages all its members to actively facilitate and consider in a timely manner, in accordance with applicable rules and procedures, applications of States that wish to become members of that Organization and regional hydrographic commissions, and further 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;

174

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;

175

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;

176

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;

177

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;

178

Acknowledges, in the context of paragraph 177 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;

179

Invites States that have not yet done so to consider becoming parties to the Nairobi International Convention on the Removal of Wrecks, 2007;⁸³

⁸³International Maritime Organization, document LEG/CONF.16/19.

180

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;

181

Calls upon States to ensure that masters on ships flying their flag take the steps required by relevant instruments⁸⁴ 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 Rescue⁸⁵ and to the International Convention for the Safety of Life at Sea⁸⁶ 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;⁸⁷

⁸⁴Convention 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.

⁸⁵International Maritime Organization, document MSC 78/26/Add.1, annex 5, resolution MSC.155(78).

⁸⁶Ibid., annex 3, resolution MSC.153(78).

⁸⁷International Maritime Organization, document MSC 78/26/Add.2, annex 34, resolution MSC.167(78).

182

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;

183

Recognizes that all States must fulfil their search and rescue responsibilities in accordance with international law, including the Convention, and in that regard encourages States and relevant international organizations to strengthen cooperation on maritime search and rescue activities at the international and regional levels in accordance with international agreements, including the International Convention on Maritime Search and Rescue, 1979;⁸⁸

⁸⁸United Nations, Treaty Series, vol. 1405, No. 23489.

184

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;

185

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;

186

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;

187

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

188

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;

189

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;

190

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;

191

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

192

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;⁸⁹

⁸⁹International Maritime Organization, resolutions MSC.349(92) and MEPC.237(65).

193

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;

194

Notes the ongoing work of the International Maritime Organization on measures to prevent the fraudulent registration and fraudulent registries of ships, and further notes in this regard the adoption by the International Maritime Organization Assembly on 15 December 2021 of resolution A.1162(32) on encouragement of International Maritime Organization member States and all relevant stakeholders to promote actions for the prevention and suppression of fraudulent registration and fraudulent registries of ships and other fraudulent acts in the maritime sector;

195

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;

196

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;⁹⁰

⁹⁰See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28), A.1068(28) and A.1070(28).

197

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,⁹¹ including relevant requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;⁹²

⁹¹International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution MEPC.203(62).

⁹²International 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)).

198

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;

199

Also notes the ongoing work of the International Maritime Organization regarding maritime autonomous surface ships, including regulatory scoping exercises and preliminary work towards the development of a goal-based instrument for maritime autonomous surface ships;⁹³

⁹³See International Maritime Organization, document MSC 105/20.

200

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,⁹⁴ including among safety and security sectors;

⁹⁴International Maritime Organization, Assembly resolutions A.1029(26) and A.1074(28).

201

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;

202

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 recalls the adoption of the Convention on the International Organization for Marine Aids to Navigation and calls upon States that have not yet done so to consider becoming party to that Convention to facilitate its entry into force, and further notes that the twentieth International Association of Marine Aids to Navigation and Lighthouse Authorities Conference will be held from 27 May to 3 June 2023 in Rio de Janeiro, Brazil, with the theme of “Marine aids to navigation – innovation for a sustainable future”;

X.Marine environment and marine resources

203

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;

204

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;

205

Notes the need for actions to support sustainable fisheries and sustainable aquaculture for sufficient, safe and nutritious food, recognizing the central role of healthy oceans in resilient food systems and for achieving the 2030 Agenda;

206

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;⁹⁵

⁹⁵Resolution 71/312, annex.

207

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;

208

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,⁹⁶ and conserve marine biodiversity;

⁹⁶Resolution 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 Diversity⁹⁷ 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;

⁹⁷United 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;

209

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;

210

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;⁹⁸

⁹⁸See Official Records of the General Assembly, Seventy-first Session, Supplement No. 25 (A/71/25), annex.

211

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;

212

Notes with concern the impacts of climate change on the ocean and the cryosphere, including extreme sea level events and sea level rise, to which low-lying islands, in particular small island developing States, coasts and coastal communities are particularly exposed;

213

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, the 2022 report of its Working Group II on climate change impacts, adaptation and vulnerability, which was accepted by the Intergovernmental Panel at its fifty-fifth session on 27 February 2022 and the 2022 report of its Working Group III on mitigation of climate change, which was accepted by the Intergovernmental Panel at its fifty-sixth session on 4 April 2022;

214

Recognizes the importance of improving understanding of the impacts of acidification and 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;

215

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 and extreme sea level events;

216

Notes the ongoing work of the open-ended Study Group of the International Law Commission on the topic “Sea-level rise in relation to international law”;⁹⁹

⁹⁹Ibid., Seventy-fourth Session, Supplement No. 10 (A/74/10); ibid., Seventy-sixth Session, Supplement No.10 (A/76/10); and ibid., Seventy-seventh Session, Supplement No. 10 (A/77/10).

217

Also 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;¹⁰⁰

¹⁰⁰See A/76/171.

218

Further 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;¹⁰¹

¹⁰¹See A/72/95.

219

Welcomes the Paris Agreement¹⁰² 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 Change¹⁰³ 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 amendment¹⁰⁴ to the Kyoto Protocol¹⁰⁵ 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;

¹⁰²See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex.

¹⁰³United Nations, Treaty Series, vol. 1771, No. 30822.

¹⁰⁴FCCC/KP/CMP/2012/13/Add.1, decision 1/CMP.8.

¹⁰⁵United Nations, Treaty Series, vol. 2303, No. 30822.

220

Notes, in this regard, the decision at the twenty-sixth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change to invite the Chair of the Subsidiary Body for Scientific and Technological Advice to hold an annual dialogue to strengthen ocean-based action and inviting relevant work programmes and constituted bodies under that Convention to consider how to integrate and strengthen ocean-based action in their existing mandates and workplans and to report on these activities within the existing reporting processes, as appropriate;

221

Welcomes, in this regard, the convening of the twenty-seventh session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, the seventeenth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol and the fourth session of the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement in Sharm el-Sheikh, Egypt, from 6 to 20 November 2022;

222

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,¹⁰⁶ 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;¹⁰⁷

¹⁰⁶Established 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.

¹⁰⁷See World Meteorological Organization resolution 15 (Cg-18).

223

Also notes with concern the approximately 30 per cent increase in the acidity of ocean surface waters since the beginning of the industrial era¹⁰⁸ 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;

¹⁰⁸As stated in the 2013 report of Working Group I of the Intergovernmental Panel on Climate Change on the physical science basis of climate change.

224

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;

225

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;

226

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,¹⁰⁹ 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;

¹⁰⁹See World Meteorological Organization resolution 46 (Cg 17).

227

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;

228

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;

229

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,¹¹⁰ 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;

¹¹⁰A/51/116, annex II.

230

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;

231

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;¹¹¹

¹¹¹See A/71/204.

232

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;

233

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;¹¹²

¹¹²UNEP/EA.4/Res.6.

234

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;

235

Also welcomes the decision of the United Nations Environment Assembly, in paragraph 1 of its resolution 5/14, to convene an intergovernmental negotiating committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, with the ambition of completing its work by the end of 2024;¹¹³

¹¹³See UNEP/EA.5/Res.14.

236

Further 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,¹¹⁴ 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;

¹¹⁴United Nations, Treaty Series, vol. 1651, No. 28395.

237

Encourages States to further develop partnerships with Indigenous Peoples, local communities, including coastal communities, 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, Indigenous Peoples, local communities, including coastal communities, 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;

238

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;

239

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 revised Regional Action Plan on Marine Litter adopted at the Ministerial Meeting of the Baltic Marine Environment Protection Commission (Helsinki Commission) in October 2021, the amendments to the Regional Plan on Marine Litter Management in the Mediterranean adopted at the twenty-second Meeting of the Contracting Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) and its Protocols in December 2021 in Antalya, Türkiye, the Second Regional Action Plan for the Prevention and Management of Marine Litter in the North-East Atlantic (2022–2030), adopted at the annual meeting of the OSPAR Commission in Copenhagen on 24 April 2022, and a regional plan for integrated management of marine litter in the South-East Pacific, adopted in April 2022 within the framework of the Protocol for the Protection of the South-East Pacific against Pollution from Land-based Sources¹¹⁵ and the ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025) launched by ASEAN in 2021;

¹¹⁵Ibid., vol. 1648, No. 28327.

240

Also notes the work done under the Asia-Pacific Economic Cooperation (APEC) 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 holding in December 2021 of the virtual workshop on nanoplastics in marine debris supporting implementation of the APEC Roadmap on Marine Debris;

241

Further notes the convening of the third Workshop on Development of the Indian Ocean Rim Association Declaration on Combating Marine Debris and a Strategic Framework of Action on Marine Debris in the Indian Ocean on 28 and 29 September 2022 in Bali, Indonesia, to support the development of a strategic framework for action in combating marine debris in the Indian Ocean region;

242

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;

243

Notes the adoption by the fifteenth session of the United Nations Conference on Trade and Development of the Bridgetown Covenant, and drawing also on the Nairobi Maafikiano, in which the Conference was requested to support developing countries in identifying relevant trade and investment policies to contribute to the attainment of the climate and environmental goals of the 2030 Agenda, continue to support, through policy dialogue and cooperation mechanisms, international and regional transport networks, ensuring their sustainability and resilience, and promote the conservation and sustainable use of the oceans and their resources, and to support small island developing States, most notably in addressing their specific vulnerabilities, build resilience and promote structural economic transformation and productive capacities, including through the implementation of the SIDS Accelerated Modalities of Action (SAMOA) Pathway;¹¹⁶

¹¹⁶TD/541/Add.2, paras. 5 (d), 76, 127 (v) (iii), 127 (ll) and 127 (nn); and TD/519/Add.2 and TD/519/Add.2/Corr.1.

244

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;

245

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;

246

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, 2004,¹¹⁷ 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;

¹¹⁷International Maritime Organization, document BWM/CONF/36, annex.

247

Notes the activities carried out by the United Nations Environment Programme/Mediterranean Action Plan and further notes in this regard the Mediterranean Strategy for the Prevention of, Preparedness and Response to Marine Pollution from Ships (2022–2031) and the Ballast Water Management Strategy for the Mediterranean Sea (2022–2027), adopted at the twenty-second Meeting of the Contracting Parties to the Barcelona Convention and its Protocols;

248

Also notes the ongoing work of the International Maritime Organization to prevent pollution from ships, including through the designation of Special Areas under the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended,¹¹⁸ welcomes the adoption by the Marine Environment Protection Committee of an action plan and strategy to address marine plastic litter from ships,¹¹⁹ and encourages the International Maritime Organization to continue working on the prevention of pollution from ships;

¹¹⁸International 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).

¹¹⁹International Maritime Organization, resolutions MEPC.310(73) and MEPC.341(77).

249

Further 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;¹²⁰

¹²⁰International Maritime Organization, document MEPC 62/24/Add.1, annex 19, resolution MEPC.203(62).

250

Welcomes the decision on the designation of the Mediterranean Sea, as a whole, as an Emission Control Area for Sulphur Oxides (Med SOx ECA) pursuant to annex VI to the International Convention for the Prevention of Pollution from Ships, adopted at the twenty-second Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, and looks forward to the formal adoption by the International Maritime Organization of the Med SOx ECA in December 2022, with an ambitious entry into force in 2025, following the approval by its Marine Environment Protection Committee at its seventy-eighth session in June 2022, and encourages the completion of the ratification of annex VI to the International Convention for the Prevention of Pollution from Ships across the Mediterranean region as soon as possible;

251

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,¹²¹ and in this regard also notes its adoption of an initial strategy on the reduction of greenhouse gas emissions from ships¹²² and the adoption of amendments to annex VI to the International Convention for the Prevention of Pollution from Ships¹²³ to require ships to reduce their greenhouse gas emissions, with the aim of achieving the targets established by the initial strategy;

¹²¹International Maritime Organization, Assembly resolution A.963(23).

¹²²International Maritime Organization, document MEPC 72/17/Add.1, annex 11, resolution MEPC.304(72).

¹²³International Maritime Organization, document MEPC 76/15/Add.1, annex 1, resolution MEPC.328(76).

252

Also notes the theme for the 2022 World Maritime Day, “New technologies for greener shipping”;

253

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;

254

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, 2009¹²⁴ to facilitate its entry into force;

¹²⁴International Maritime Organization, document SR/CONF/45.

255

Encourages continued cooperation between the parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal¹²⁵ and the International Maritime Organization on regulations on the prevention of pollution from ships;

¹²⁵United Nations, Treaty Series, vol. 1673, No. 28911.

256

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;

257

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;

258

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;

259

Encourages States that have not yet done so to consider ratifying or acceding to the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990,¹²⁶ 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;

¹²⁶Ibid., vol. 1891, No. 32194.

260

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;¹²⁷

¹²⁷International Maritime Organization, document LEG/CONF.17/10.

261

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;

262

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;

263

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;

264

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;¹²⁸

¹²⁸UNEP(DTIE)/Hg/CONF/4, annex II.

265

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;

266

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);

267

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,¹²⁹ 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,¹³⁰ 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;¹³¹

¹²⁹International Maritime Organization, document LC 30/16, annex 6, resolution LC-LP.1 (2008).

¹³⁰International Maritime Organization, document LC 32/15 and Corr.1, annex 5, resolution LC LP.2 (2010).

¹³¹Ibid.

268

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;¹³²

¹³²International Maritime Organization, document LC 35/15, annex 4, resolution LP.4(8).

269

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 2008,¹³³ 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 2010,¹³⁴ in which the Conference of the Parties requested parties to implement decision IX/16 C;

¹³³See United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I.

¹³⁴See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.

270

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;

271

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;

XI.Marine biodiversity

272

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

273

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;¹³⁵

¹³⁵A/AC.287/2017/PC.4/2.

274

Welcomes the holding of the fourth and fifth sessions of the intergovernmental conference convened under resolution 72/249 and decision 76/564 from 7 to 18 March 2022 and 15 to 26 August 2022, 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 of the decision of the conference to suspend the fifth session and resume it at a later date;¹³⁶

¹³⁶See A/CONF.232/2022/9.

275

Requests the Secretary-General to convene the resumed fifth session of the conference for 10 working days from 20 February to 3 March 2023, with full conference services, including documentation, provision for parallel meetings and overtime, webcast and press and meeting coverage, as required, for the 10-day duration of the session;

276

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

277

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;

278

Notes the work under the Jakarta Mandate on Marine and Coastal Biological Diversity¹³⁷ and the Convention on Biological Diversity elaborated programme of work on marine and coastal biological diversity,¹³⁸ 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;

¹³⁷See A/51/312, annex II, decision II/10.

¹³⁸United Nations Environment Programme, document UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.

279

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;

280

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;¹³⁹

¹³⁹United Nations Environment Programme, document UNEP/CBD/COP/13/25, sect. I, decision XIII/11, annex II.

281

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;

282

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;

283

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;¹⁴⁰

¹⁴⁰See United Nations Environment Programme, document UNEP/CBD/COP/10/27, annex.

284

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;

285

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;

286

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;

287

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;

288

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,¹⁴¹ 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;

¹⁴¹United Nations Environment Programme, document UNEP/CBD/COP/9/29, annex I, decision IX/20, annexes I and II.

289

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;

290

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

291

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;¹⁴²

¹⁴²International Maritime Organization, Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas, Assembly resolution A.982(24).

292

Notes with appreciation the work undertaken by regional seas conventions for the conservation and sustainable management of marine biodiversity and ecosystems, also notes with appreciation the adoption of the Post-2020 Strategic Action Programme for the Conservation of Biodiversity and Sustainable Management of Natural Resources in the Mediterranean Region (Post-2020 SAPBIO) and the Post-2020 Regional Strategy for marine and coastal protected areas and other effective area-based conservation measures in the Mediterranean, at the twenty-second Meeting of the Contracting Parties to the Barcelona Convention and its Protocols;

293

Acknowledges the Micronesia Challenge, the Caribbean Challenge Initiative 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;

294

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;

295

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;

296

Reiterates its support for the International Coral Reef Initiative, notes that the thirty-sixth International Coral Reef Initiative General Meeting was held online on 13 and 15 December 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;

297

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;¹⁴³

¹⁴³United Nations Environment Programme, document UNEP/CBD/COP/12/29, sect. I, decision XII/23, annex.

298

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;

299

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;

300

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;¹⁴⁴

¹⁴⁴See A/73/124.

301

Reiterates its call 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;

302

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

303

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;

304

Notes the ongoing work at the International Maritime Organization to review the Guidelines for the Reduction of Underwater Noise from Commercial Shipping to Address Adverse Impacts on Marine Life and to develop a proposal for a programme of action to further prevent and reduce underwater radiated noise based on the findings of the review, and notes with appreciation the GloNoise project within the International Maritime Organization, which will focus on building capacity in developing States to implement the Guidelines;

305

Encourages States, acting through the International Maritime Organization or individually, to implement the recommended solutions to address adequately the barriers that have prevented the uptake and implementation of the current Guidelines by the industry;

XII.Marine science

306

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;

307

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;

308

Notes with concern that human-related threats, such as marine debris, ship strikes, underwater noise, persistent contaminants, coastal development activities, oil spills and abandoned, lost or otherwise discarded fishing gear, together or individually, may have a severe impact on marine life, including at 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 prevent and reduce those impacts and preserve the integrity of the whole marine ecosystem, while fully respecting the mandates of relevant international organizations;

309

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;

310

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;

311

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;

312

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;

313

Welcomes the work of the General Bathymetric Chart of the Oceans under the International Hydrographic Organization and the Intergovernmental Oceanographic Commission and, in particular, the progress made, in collaboration with the Nippon Foundation, under the Seabed 2030 project towards mapping 100 per cent of the ocean floor by 2030;

314

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;

315

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

316

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;¹⁴⁵

¹⁴⁵See A/67/120.

317

Stresses the importance of the environmental impact assessment process for ocean-based renewable energy projects;

318

Also 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 prediction¹⁴⁶ and in the establishment and operation of tsunami warning systems;

¹⁴⁶See World Meteorological Organization resolution 47 (Cg-18).

319

Notes the decision adopted by the Executive Council of the Intergovernmental Oceanographic Commission on 17 June 2022 entitled “Ocean observations in areas under national jurisdiction”;¹⁴⁷

¹⁴⁷Intergovernmental Oceanographic Commission, document IOC/EC-55/Decisions, decision EC-55/3.4.

320

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, and welcomes the establishment of the Intergovernmental Oceanographic Commission Tsunami Programme under the United Nations Decade of Ocean Science for Sustainable Development (2021–2030), including its Tsunami Ready Recognition Programme and Tsunami Ready Coalition, aimed at building resilient communities through awareness and preparedness strategies that will protect life, livelihoods and property from tsunamis in different regions;

321

Stresses the need for continued efforts in developing mitigation and preparedness measures for natural disasters, particularly following such tsunami events as that on 11 March 2011 in Japan, those on 28 September and 22 December 2018 in Indonesia, and that on 15 January 2022 following the Hunga Tonga-Hunga Ha’apai volcanic eruption in Tonga;

322

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;

323

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;

324

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;¹⁴⁸

¹⁴⁸See A/74/119.

325

Also notes the discussions at the twenty-second meeting of the Informal Consultative Process, from 6 to 10 June 2022, on the theme of ocean observing, during which delegations, inter alia, highlighted the importance of ocean observation data for understanding the state of the ocean and the impacts of human activities, for risk assessment, and for science-based ocean management in pursuit of sustainable development, stressed the need to fill capacity gaps, to make data widely accessible and to encourage the sharing of available data, including among Governments, researchers and the private sector, emphasized the importance of international cooperation and collaboration at all levels in this respect, including through the United Nations Decade of Ocean Science for Sustainable Development, and recognized the important role of the traditional knowledge of Indigenous Peoples and local communities in this context, and further notes that concerns were expressed on the limited capacity of many developing countries to effectively conduct and make use of ocean observations and that the importance of capacity-building was underscored;¹⁴⁹

¹⁴⁹See A/77/119.

326

Welcomes the steps taken by the Intergovernmental Oceanographic Commission to coordinate the implementation of the United Nations Decade of Ocean Science for Sustainable Development, a core objective of which is to improve the scientific knowledge base through capacity-building for developing countries with limited capacity and capabilities, in particular small island developing States, least developed countries and landlocked developing countries, on the basis of its implementation plan, 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;

327

Takes note of resolution EC-55/1 of the Executive Council of the Intergovernmental Oceanographic Commission, in which the Council took note of the establishment of Decade coordinating mechanisms;¹⁵⁰

¹⁵⁰See Intergovernmental Oceanographic Commission, document IOC/EC-55/Decisions.

328

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

329

Invites the Secretary-General to continue 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;

330

Invites UN-Oceans and its participants to continue to collaborate with the Intergovernmental Oceanographic Commission on the United Nations Decade of Ocean Science for Sustainable Development, and in this regard notes the participation of UN-Oceans members in the Decade Advisory Board, as well as the adoption by the Authority of the action plan in support of the Decade;¹⁵¹

¹⁵¹See ISBA/26/A/17.

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

331

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;

332

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, the Convention on Biological Diversity, the Informal Consultative Process, and the preparation of an international legally binding instrument on plastic pollution, including in the marine environment, 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;

333

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;

334

Reaffirms that capacity-building is one of the core objectives of the Regular Process and that, during the third cycle (2021–2025), a coherent programme on capacity-building will be carried out with the aim to develop the capacities of States in strengthening the ocean science-policy interface at the national, regional and global levels;

335

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 shall facilitate the delivery of the outputs of the third cycle of the Regular Process as outlined in the programme of work for the third cycle, and endorses the recommendations adopted by the Ad Hoc Working Group at its seventeenth meeting on the progress in the implementation of the programme of work for the third cycle;

336

Recognizes the importance of raising awareness of the second World Ocean Assessment and the Regular Process, and welcomes the social media campaign on the Assessment and the wider awareness-raising campaign of the Regular Process;

337

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;

338

Welcomes the designation by States of national focal points, and 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;

339

Also welcomes the designation of intergovernmental focal points, and invites the secretariats of relevant United Nations specialized agencies, programmes, funds and bodies and the secretariats of related organizations and conventions that have not yet done so to designate focal points to facilitate the implementation of the programme of work for the third cycle of the Regular Process and beyond;

340

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;

341

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

342

Welcomes the constitution of the Group of Experts for the third cycle of the Regular Process, which currently consists of 22 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;

343

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;

344

Endorses the recommendations adopted by the Ad Hoc Working Group of the Whole at its sixteenth meeting on the four brief documents on the second World Ocean Assessment, and the preliminary timetable and implementation plan for the third cycle of the Regular Process;

345

Takes note of the four brief documents on the second World Ocean Assessment on climate change; Sustainable Development Goal 14; the United Nations Decades on Ecosystem Restoration and on Ocean Science for Sustainable Development; and marine biodiversity;

346

Recognizes with appreciation the work of the members of the Group of Experts of the Regular Process with respect to the preparation of the four brief documents;

347

Notes the endorsement by the Ad Hoc Working Group of the Whole of the Guidelines for the Writing and Review Process of the next Assessment(s) of the Third Cycle and the Guidelines for the Nomination and Appointment of Experts to the Pool of Experts, Writing Teams and Peer Reviewers to Support the Works of the Third Cycle of the Regular Process developed by the Group of Experts in accordance with the programme of work for the third cycle;

348

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;

349

Welcomes the regional workshops in support of the third cycle of the Regular Process, held in Dar es Salaam, United Republic of Tanzania, in July 2022, in Kingston in September 2022, in Buenos Aires in September 2022, in The Hague in November 2022, and in Belitung, Indonesia, in December 2022, which informed the scoping exercise and the preparation of the annotated outline of the next assessment or assessments to be produced during the third cycle and also built capacity aimed at strengthening the ocean science-policy interface;

350

Recognizes the need for early preparation of the regional workshops to be held in 2023 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;

351

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;

352

Requests the Secretary-General to convene, in 2023, up to two meetings of the Ad Hoc Working Group of the Whole of no more than two days of total duration each, one in the first half of 2023 and another in the second half, and, in 2024, up to two meetings of the Ad Hoc Working Group of no more than two days of total duration each;

XIV.Regional cooperation

353

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;

354

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

355

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;

356

Recalls the outcome document of the third International Conference on Small Island Developing States, the SIDS Accelerated Modalities of Action (SAMOA) Pathway¹⁵² 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,¹⁵³ 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;

¹⁵²Resolution 69/15, annex.

¹⁵³Resolution 74/3.

357

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;

358

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;¹⁵⁴

¹⁵⁴United Nations, Treaty Series, vol. 652, No. 9344.

359

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;

360

Recalls, 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;

361

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;

362

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

363

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;

364

Also recalls the Vienna Programme of Action for Landlocked Developing Countries for the Decade 2014–2024 adopted by the second United Nations Conference on Landlocked Developing Countries, held in Vienna from 3 to 5 November 2014,¹⁵⁵ 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,¹⁵⁶ 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 recalls the adoption of the road map for the accelerated implementation of the Vienna Programme of Action in the remaining five years;

¹⁵⁵Resolution 69/137, annex II.

¹⁵⁶Report 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.

365

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;

366

Also 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;

367

Further notes the cooperation between the OSPAR Commission established by the Convention for the Protection of the Marine Environment of the North-East Atlantic¹⁵⁷ and the North-East Atlantic Fisheries Commission;

¹⁵⁷United Nations, Treaty Series, vol. 2354, No. 42279.

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

368

Welcomes the report of the Co-Chairs on the work of the Informal Consultative Process at its twenty-second meeting, which focused on the theme of ocean observing;

369

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;

370

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;

371

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;

372

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;

373

Also recalls its decision to further review the effectiveness and utility of the Informal Consultative Process at its seventy-eighth session;

374

Requests the Secretary-General to convene, in accordance with paragraphs 2 and 3 of resolution 54/33, the twenty-third meeting of the Informal Consultative Process, in New York for eight meetings during the week of 5 to 9 June 2023, to provide it with the facilities necessary for the performance of its work, including documentation, to also convene an informal preparatory meeting, and to arrange for support to be provided by the Division, in cooperation with other relevant parts of the Secretariat, as appropriate;

375

Also requests the Secretary-General to provide support for the convening of a twenty-fourth meeting of the Informal Consultative Process for eight meetings in 2024, in accordance with paragraphs 2 and 3 of resolution 54/33, with the facilities necessary for the performance of its work, including documentation, without prejudice to the review of its effectiveness and utility by the General Assembly at its seventy-eighth session;

376

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;

377

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 their costs of travel and daily subsistence allowance;

378

Also decides that, in its deliberations on the report of the Secretary-General on oceans and the law of the sea, the Informal Consultative Process shall focus its discussions at its twenty-third meeting, in 2023, on the theme “New maritime technologies: challenges and opportunities”;

XVI.Coordination and cooperation

379

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;

380

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;

381

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

382

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;

383

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;

384

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;

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

385

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;

386

Notes with satisfaction the fourteenth observance by the United Nations of World Oceans Day, in 2022,¹⁵⁸ recognizes with appreciation the efforts deployed by the Division in this regard, invites States, international financial institutions, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons to support the future observance of World Oceans Day, including by making voluntary financial or other contributions, 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;

¹⁵⁸By its resolution 63/111, the General Assembly designated 8 June as World Oceans Day.

387

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;

388

Requests the Secretary-General to continue the publication activities of the Division, in particular through a publication on marine geospatial information management¹⁵⁹ and the publication of the Law of the Sea Bulletin;

¹⁵⁹This replaces the publication marking the fortieth anniversary of the adoption and opening for signature of the Convention.

XVIII.Seventy-eighth session of the General Assembly

389

Requests the Secretary-General to prepare reports for consideration by the General Assembly at its seventy-eighth 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 theme that is the focus of the twenty-third meeting of the Informal Consultative Process;

390

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;

391

Notes that the reports referred to in paragraph 389 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;

392

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 389 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;

393

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

56th (resumed) plenary meeting

30 December 2022