United Nations A/RES/59/24

Distr.: General
General Assembly 4 February 2005

Fifty-ninth session
Agenda item 49 (a)

Resolution adopted by the General Assembly on 17 November 2004

[without reference to a Main Committee (A/59/L.22 and Add.1)]

59/24. Oceans and the law of the sea

The General Assembly,

Recalling its resolutions 49/28 of 6 December 1994, 52/26 of 26 November
1997, 54/33 of 24 November 1999, 57/141 of 12 December 2002, 58/240 of
23 December 2003 and other relevant resolutions adopted subsequent to the entry
into force of the United Nations Convention on the Law of the Sea (“the
Convention”) 1 on 16 November 1994,
Emphasizing the universal and unified character of the Convention and its
fundamental importance for the maintenance and strengthening of international
peace and security, as well as for the sustainable development of the oceans and
seas,
Reaffirming that the Convention sets out the legal framework within which all
activities in the oceans and seas must be carried out and is of strategic importance as
the basis for national, regional and global action and cooperation in the marine
sector, and that its integrity needs to be maintained, as recognized also by the
United Nations Conference on Environment and Development in chapter 17 of
Agenda 21, 2
Noting with satisfaction the tenth anniversary of the entry into force of the
Convention on 16 November 2004, and recognizing the pre-eminent contribution
provided by the Convention to the strengthening of peace, security, cooperation and
friendly relations among all nations in conformity with the principles of justice and
equal rights and to the promotion of the economic and social advancement of all
peoples of the world, in accordance with the purposes and principles of the United
Nations as set forth in the Charter of the United Nations,

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1
See The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea of
10 December 1982 and of the Agreement relating to the Implementation of Part XI of the United Nations
Convention on the Law of the Sea of 10 December 1982 with Index and Excerpts from the Final Act of the
Third United Nations Conference on the Law of the Sea (United Nations publication, Sales No. E.97.V.10).
2
Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June
1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions adopted by the
Conference, resolution 1, annex II.

04-47764
A/RES/59/24

Conscious that the problems of ocean space are closely interrelated and need
to be considered as a whole through an integrated, interdisciplinary and intersectoral
approach,
Reaffirming the need to improve cooperation and coordination at all levels, in
accordance with the Convention, in order to address all aspects of oceans and seas
in an integrated manner and to promote the integrated management and sustainable
development of the oceans and seas,
Recalling the essential role of international cooperation and coordination at all
levels to support and supplement the efforts of each State in promoting the
implementation and observance of the Convention, including the integrated
management and sustainable development of coastal and marine areas,
Reiterating the essential need for capacity-building to ensure that all States,
especially developing countries, in particular the least developed countries and
small island developing States, as well as coastal African States, are able both to
implement the Convention and to benefit from the sustainable development of the
oceans and seas, as well as to participate fully in global and regional forums and
processes dealing with oceans and law of the sea issues,
Recognizing the important role that the competent international organizations
have in relation to ocean affairs, in implementing the Convention and in promoting
the sustainable development of the oceans and seas,
Emphasizing the need to strengthen the ability of competent international
organizations to contribute, at the global, regional, subregional and bilateral levels,
through cooperation programmes with Governments, to the development of national
capacity in marine science and the sustainable management of the oceans and their
resources,
Recalling that marine science, by improving knowledge, through sustained
research efforts and the evaluation of monitoring results, and applying such
knowledge to management and decision-making, is important for eradicating
poverty, contributing to food security, conserving the world’s marine environment
and resources, helping to understand, predict and respond to natural events, and
promoting the sustainable development of the oceans and seas,
Recalling also its decision to establish a regular process under the United
Nations for global reporting and assessment of the state of the marine environment,
including socio-economic aspects, both current and foreseeable, building on existing
regional assessments, in its resolutions 57/141 and 58/240, as recommended by the
World Summit on Sustainable Development, 3 noting the work of the International
Workshop, held in conjunction with the fifth meeting of the United Nations Open-
ended Informal Consultative Process on Oceans and the Law of the Sea (“the
Consultative Process”) held from 8 to 11 June 2004, reaffirming its support for this
objective, and noting the need for cooperation among all States to this end,
Reiterating its concern at the adverse impacts on the marine environment and
biodiversity, in particular on vulnerable marine ecosystems, including corals, of
human activities, such as overutilization of living marine resources, the use of
destructive practices, physical impacts by ships, the introduction of alien invasive

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3
Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum),
chap. I, resolution 2, annex, para. 36 (b).

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species and marine pollution from all sources, including from land-based sources
and vessels, in particular through the illegal release of oil and other harmful
substances and from dumping, including the dumping of hazardous waste such as
radioactive materials, nuclear waste and dangerous chemicals,
Recognizing that hydrographic surveys and nautical charting are critical to the
safety of navigation and life at sea, environmental protection, including vulnerable
marine ecosystems and the economics of the global shipping industry, and
recognizing in this regard that the move towards electronic charting not only
provides significantly increased benefits for safe navigation and management of
ship movement, but also provides data and information that can be used for
sustainable fisheries activities and other sectoral uses of the marine environment,
the delimitation of maritime boundaries and environmental protection,
Noting the important role of the Commission on the Limits of the Continental
Shelf (“the Commission”) in assisting States parties in the implementation of the
Convention, through the examination of submissions by coastal States regarding the
outer limits of the continental shelf beyond 200 nautical miles, and also noting the
need to ensure the effective functioning of the Commission and its subcommissions,
in particular the participation of the members of the Commission in its
subcommissions,
Taking note of the report on the work of the fifth meeting of the Consultative
Process, 4 established by the General Assembly in its resolution 54/33 in order to
facilitate the annual review by the Assembly of developments in ocean affairs and
extended for three years by its resolution 57/141,
Taking note also of the report of the Secretary-General, 5 and emphasizing in
this regard the critical role of the annual comprehensive report of the Secretary-
General, which integrates information on developments relating to the
implementation of the Convention and the work of the Organization, its specialized
agencies and other institutions in the field of ocean affairs and the law of the sea at
the global and regional levels, and as a result constitutes the basis for the annual
consideration and review of developments relating to ocean affairs and the law of
the sea by the General Assembly as the global institution having the competence to
undertake such a review,
Noting the responsibilities of the Secretary-General under the Convention and
related resolutions of the General Assembly, in particular resolutions 49/28, 52/26
and 54/33, and in this context the increase in responsibilities of the Division for
Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the
Secretariat, in particular in view of the growing involvement of the Division with
new developments such as the regular process for the global reporting and
assessment of the state of the marine environment, including socio-economic
aspects, with increasing capacity-building activities and assistance to the
Commission, and the role of the Division in inter-agency coordination and
cooperation,
Emphasizing that ships and watercraft of all descriptions and ages hold
essential information on the history of humankind and that archaeological heritage

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4
A/59/122.
5
A/59/62 and Add.1.

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is a non-renewable resource, deposited over thousands of years, but vulnerable to

destruction through modern technologies,
I
Implementation of the Convention and related agreements and instruments
1. Calls upon all States that have not done so, in order to achieve the goal
of universal participation, to become parties to the Convention,1 and the Agreement
relating to the Implementation of Part XI of the United Nations Convention on the
Law of the Sea of 10 December 1982 (“the Agreement”);1
2. Reaffirms the unified character of the Convention;
3. Calls upon all States that have not done so 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”); 6
4. Once again calls upon States to harmonize, as a matter of priority, their
national legislation with the provisions of the Convention, to ensure the consistent
application of those provisions and to ensure also that any declarations or statements
that they have made or make when signing, ratifying or acceding to the Convention
do not purport to exclude or to modify the legal effect of the provisions of the
Convention in their application to the State concerned and to withdraw any such
declarations or statements;
5. Calls upon States parties to the Convention to deposit with the Secretary-
General charts or lists of geographical coordinates, as provided for in the
Convention;
6. Requests 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 in compliance
with the Convention, and to give due publicity thereto, in particular by
implementing, in cooperation with relevant international organizations, such as the
International Hydrographic Organization, the technical standards for the collection,
storage and dissemination of the information deposited, in order to ensure
compatibility among the Geographic Information System, electronic nautical charts
and other systems developed by these organizations;
7. 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 article 303 of the Convention;

II
Capacity-building
8. Calls upon bilateral and multilateral 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

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6
International Fisheries Instruments with Index (United Nations publication, Sales No. E.98.V.11), sect. I;
see also A/CONF.164/37.

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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 rights of landlocked developing
States;
9. Encourages intensified efforts to build capacity for developing countries,
in particular for the least developed countries and small island developing States, as
well as coastal African States, to improve hydrographic services and the production
of nautical charts, including the mobilization of resources and building of capacity
with support from international financial institutions and the donor community,
recognizing that economies of scale can apply in some instances at the regional
level through shared facilities, technical capabilities and information for the
provision of hydrographic services and the preparation of and access to nautical
charts;
10. Calls upon States and international financial institutions, including
through bilateral, regional and global cooperation programmes and technical
partnerships, to continue to strengthen capacity-building activities, in particular in
developing countries, in the field of marine scientific research by, inter alia, training
the necessary skilled personnel, providing the necessary equipment, facilities and
vessels and transferring environmentally sound technologies;
11. Encourages the Intergovernmental Oceanographic Commission of the
United Nations Educational, Scientific and Cultural Organization to continue to
disseminate and implement the Criteria and Guidelines on the Transfer of Marine
Technology, approved by the Assembly of the Oceanographic Commission at its
twenty-second session, in 2003; 7
12. Encourages States to assist developing States, and especially the least
developed States and small island developing States, as well as coastal African
States, on a bilateral and, where appropriate, regional level, in the preparation of
submissions to the Commission, including the assessment of the nature of the
continental shelf of a coastal State made in the form of a desktop study, and the
mapping of the outer limits of its continental shelf;

III
Trust funds and fellowships
13. Welcomes recent capacity-building initiatives, and in this context takes
note with satisfaction of the conclusion of an arrangement between the United
Nations and the Food and Agriculture Organization of the United Nations regarding
the administration of the Assistance Fund established under Part VII of the Fish
Stocks Agreement, and the conclusion of a capacity-building trust fund project
agreement between the United Nations and the Nippon Foundation of Japan,
focusing on human resources development for developing coastal States parties and
non-parties to the Convention in the field of ocean affairs and the law of the sea or
related disciplines;
14. Recognizes the importance of assisting developing States, in particular
the least developed States and small island developing States, in implementing the
Convention, and urges States, intergovernmental organizations and agencies,
national institutions, non-governmental organizations and international financial

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7
Intergovernmental Oceanographic Commission, document IOC-XXII/2 Annex 12 rev.

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institutions, as well as natural and juridical persons, to make voluntary financial or

other contributions to the trust funds, as referred to in resolution 57/141, established
for this purpose;
15. Also recognizes the importance of the Hamilton Shirley Amerasinghe
Memorial Fellowship Programme on the Law of the Sea established by the General
Assembly in its resolution 35/116 of 10 December 1980, and urges Member States
and others in a position to do so to contribute to the further development of the
Fellowship Programme;

IV
Meeting of States Parties
16. Takes note of the report of the fourteenth Meeting of States Parties to the
Convention; 8
17. Requests the Secretary-General to convene the fifteenth Meeting of
States Parties to the Convention in New York from 16 to 24 June 2005 and to
provide the services required;

V
Settlement of disputes
18. Notes with satisfaction the continued and significant contribution of the
International Tribunal for the Law of the Sea (“the Tribunal”) to the peaceful
settlement of disputes 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 Agreement;
19. Equally 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;
20. 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 Agreement;
21. Recalls the obligation under article 296 of the Convention requiring all
parties to a dispute before a court or a tribunal referred to in article 287 of the
Convention to comply promptly with any decisions rendered by such court or
tribunal;
22. Encourages States parties to the Convention that have not yet done so to
nominate conciliators and arbitrators in accordance with annexes V and VII to the
Convention, and requests the Secretary-General to continue to update and circulate
lists of these conciliators and arbitrators on a regular basis;

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8
SPLOS/119 and Corr.1.

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VI
The Area
23. Notes with satisfaction the progress of the discussions on issues relating
to the regulations for prospecting and exploration for polymetallic sulphides and
cobalt-rich ferromanganese crusts in the Area, and reiterates the importance of the
ongoing elaboration by the International Seabed Authority (“the Authority”),
pursuant to article 145 of the Convention, of rules, regulations and procedures to
ensure the effective protection of the marine environment, the protection and
conservation of the natural resources of the Area and the prevention of damage to its
flora and fauna from harmful effects that may arise from activities in the Area;
24. Takes note of the Workshop for the establishment of environmental
baselines at deep seafloor cobalt-rich crusts and deep seabed polymetallic sulphide
mine sites in the Area for the purpose of evaluating the likely effects of exploration
and exploitation on the marine environment, held in Kingston from
6 to 10 September 2004;

VII
Effective functioning of the Authority and the Tribunal
25. Appeals to all States parties to the Convention to pay their assessed
contributions to the Authority and to the Tribunal in full and on time;
26. Calls upon States that have not done so to consider ratifying or acceding
to the Agreement on the Privileges and Immunities of the Tribunal 9 and to the
Protocol on the Privileges and Immunities of the Authority; 10

VIII
The continental shelf and the work of the Commission
27. Encourages States parties to the Convention that are in a position to do
so to make every effort to make submissions to the Commission regarding the
establishment of the outer limits of the continental shelf beyond 200 nautical miles
within the time period established by the Convention, taking into account the
decision of the eleventh Meeting of States Parties to the Convention; 11
28. Notes with satisfaction the progress in the work of the Commission, 12
especially that the consideration of the first submissions regarding the establishment
of the outer limits of the continental shelf beyond 200 nautical miles has begun, and
that a number of States have advised of their intention to make submissions in the
near future;
29. Approves the convening by the Secretary-General of the fifteenth session
of the Commission in New York from 4 to 22 April 2005, and of the sixteenth
session of the Commission from 29 August to 16 September 2005, on the
understanding that the second and third weeks of each session will be used by the
Commission for a technical examination of submissions at the Geographic

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9
SPLOS/25.
10
ISBA/4/A/8, annex.
11
SPLOS/72.
12
See the statement by the Chairman of the Commission on the Limits of the Continental Shelf on the
progress of work in the Commission (CLCS/42).

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Information System Laboratory and other technical facilities at the Division for
Ocean Affairs and the Law of the Sea;
30. Urges the Secretary-General to take all necessary actions to ensure that
the Commission can fulfil the functions entrusted to it under the Convention;
31. Requests the Secretary-General to submit to the General Assembly at its
sixtieth session proposals on how the requirements of the Commission could be best
accommodated, taking into account the concerns expressed in the statement by the
Chairman of the Commission at its fourteenth session,12 regarding the expectation
that new submissions will require concomitant meetings of several subcommissions
for their examination;
32. Also requests the Secretary-General, in cooperation with States and
relevant international organizations and institutions, to consider developing and
making available training courses, based on the outline for a five-day training
course 13 prepared by the Commission in order to facilitate the preparation of
submissions in accordance with its Scientific and Technical Guidelines, 14 and
welcomes the progress made by the Division for Ocean Affairs and the Law of the
Sea in preparing a training manual to assist States in preparation of submissions to
the Commission;
33. Encourages States to exchange views in order to increase understanding
of issues arising from the application of article 76 of the Convention, thus
facilitating preparation of submissions by States, in particular developing States, to
the Commission, and welcomes initiatives in this regard, including the Conference
on Legal and Scientific Aspects of Continental Shelf Limits, held in Reykjavik from
25 to 27 June 2003, the proceedings of which have been published and distributed
worldwide;

IX
Maritime safety and security and flag State implementation
34. Encourages States to ratify or accede to international agreements
addressing the safety and security of navigation and to adopt the necessary measures
consistent with the Convention, aimed at implementing and enforcing the rules
contained in those agreements;
35. Welcomes the adoption by the International Maritime Organization of
Guidelines on Places of Refuge for Ships in Need of Assistance, 15 encourages States
to draw up plans and to establish procedures to implement those Guidelines, and
invites States to participate in the consideration of those instruments by the
International Maritime Organization;
36. Invites the International Hydrographic Organization and the International
Maritime Organization to continue their coordinated efforts, to jointly adopt
measures with a view to encouraging greater international cooperation and
coordination for the transition to electronic nautical charts and to increase the
coverage of hydrographic information on a global basis, especially in the areas of

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13
CLCS/24 and Corr.1.
14
CLCS/11 and Corr.1 and Add.1 and Corr.1.
15
International Maritime Organization, Assembly resolution A.949(23).

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international navigation and ports and where there are vulnerable or protected
marine areas;
37. Welcomes the adoption by the General Conference of the International
Atomic Energy Agency at its forty-eighth session of resolution GC(48)/RES/10,
concerning measures to strengthen international cooperation in nuclear, radiation
and transport safety and waste management, including those aspects relating to
maritime transport, 16 and also welcomes the approval of the Action Plan for the
Safety of Transport of Radioactive Materials by the Board of Governors of the
Agency in March 2004;
38. Once again 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 and, until such action is undertaken, to consider declining
the granting of the right to fly their flag to new vessels, suspending their registry or
not opening a registry;
39. Welcomes the report of the Consultative Group on Flag State
Implementation, 17 and invites all concerned organizations to disseminate it widely;
40. Also welcomes the progress made by the International Maritime
Organization on the establishment and further development of a voluntary
International Maritime Organization member State audit scheme, in such a manner
as not to exclude the possibility in the future of it becoming mandatory;
41. Requests that the Secretary-General report to the General Assembly at its
sixty-first session on the study undertaken by the International Maritime
Organization in cooperation with other competent international organizations
following the invitation extended to it in resolution 58/240 and resolution 58/14 of
24 November 2003 to examine and clarify the role of the “genuine link” in relation
to the duty of flag States to exercise effective control over ships flying their flag,
including fishing vessels, and the potential consequences of non-compliance with
duties and obligations of flag States described in relevant international instruments;
42. Encourages relevant international organizations to further develop ideas
to devise means of discouraging owners and operators from non-compliance with
the requirements imposed by flag States in carrying out their duties and obligations
under relevant international instruments;
43. Welcomes the progress made by the International Labour Organization in
the preparation of a consolidated maritime labour convention;
44. Recognizes the important role of port State control in promoting the
effective enforcement by flag States of, and compliance by shipowners and
charterers with, flag States’ and internationally agreed safety, labour and pollution
standards, as well as maritime security regulations and conservation and
management measures, and encourages Member States to improve the exchange of
appropriate information between port States control authorities;

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16
See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference,
Forty-eighth Regular Session, 20–24 September 2004 (GC(48)/RES/DEC(2004)).
17
A/59/63.

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45. Invites the International Maritime Organization to take steps within its
mandate to harmonize, coordinate and evaluate port State control in relation to
safety and pollution standards, as well as maritime security regulations and, in
collaboration with the International Labour Organization, labour standards so as to
promote the implementation of globally agreed minimum standards by all States,
and invites the Food and Agriculture Organization of the United Nations to continue
its work in promoting port State measures in relation to fishing vessels in order to
combat illegal, unreported and unregulated fishing;
46. Calls upon flag and port States to take all measures consistent with
international law necessary to prevent the operation of sub-standard vessels and
illegal, unreported and unregulated fishing activities;
47. Urges all States, in cooperation with the International Maritime
Organization, to combat piracy and armed robbery at sea by adopting measures,
including those relating to assistance with capacity-building through training of
seafarers, port staff and enforcement personnel in the prevention, reporting and
investigation of incidents, bringing the alleged perpetrators to justice, in accordance
with international law, and by adopting national legislation, as well as providing
enforcement vessels and equipment and guarding against fraudulent ship
registration;
48. Welcomes the progress in regional cooperation in the prevention and
suppression of piracy and armed robbery at sea in some geographical areas, and
urges States to give urgent attention to promoting, adopting and implementing
cooperation agreements, in particular at the regional level in high-risk areas;
49. Notes the concerns of the Council and the Secretary-General of the
International Maritime Organization with regard to keeping shipping lanes of
strategic importance and significance safe and open to international maritime traffic
and thereby ensuring the uninterrupted flow of traffic, and welcomes the request of
the Council in this regard that the Secretary-General of the International Maritime
Organization continue work on the issue in collaboration with parties concerned and
report developments to the Council at its next session; 18
50. Urges States to become parties to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation and its Protocol, 19 invites
States to participate in the review of those instruments by the Legal Committee of
the International Maritime Organization to strengthen the means of combating such
unlawful acts, including terrorist acts, and also urges States to take appropriate
measures to ensure the effective implementation of those instruments, in particular
through the adoption of legislation, where appropriate, aimed at ensuring that there
is a proper framework for responses to incidents of armed robbery and terrorist acts
at sea;
51. Welcomes the entry into force of the International Ship and Port Facility
Security Code and related amendments to the International Convention for the
Safety of Life at Sea 20 on 1 July 2004, as well as the adoption by the International
Maritime Organization of the theme “International Maritime Organization 2004:
Focus on Maritime Security” for the twenty-seventh World Maritime Day, and urges

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18
Summary of decisions of the Council of the International Maritime Organization at its ninety-second
session, document C 92/D, para. 5.3.
19
International Maritime Organization publication, Sales No. 462.88.12.E.
20
International Maritime Organization, documents SOLAS/CONF.5/32 and 34.

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all States to work with that organization to promote safe and secure shipping while
ensuring freedom of navigation;
52. Also welcomes the entry into force of the Protocol against the Smuggling
of Migrants by Land, Sea and Air, supplementing the United Nations Convention
against Transnational Organized Crime 21 and of the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime, 22 and urges
States that have not yet done so to become parties to the Protocols and to take
appropriate measures to ensure their effective implementation;
53. Further welcomes the adoption by the International Maritime
Organization of amendments to the International Convention on Maritime Search
and Rescue 23 and to the International Convention for the Safety of Life at Sea 24
relating to the delivery of persons rescued at sea to a place of safety and of the
associated Guidelines on the Treatment of Persons Rescued at Sea; 25

X
Marine environment, marine resources, marine biodiversity and
the protection of vulnerable marine ecosystems
54. 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, directly or through competent
international organizations, for the protection and preservation of the marine
environment;
55. Calls upon all States that have not yet done so to become parties to and
implement the 1996 Protocol to the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter, 1972, 26 and protect and preserve
the marine environment from all sources of pollution and take effective measures,
according to their scientific, technical and economic capabilities, to prevent, reduce
and, where practicable, eliminate pollution caused by dumping or incineration at sea
of wastes or other matter;
56. Welcomes the adoption by the International Maritime Organization of
amendments to the International Convention for the Prevention of Pollution from
Ships of 1973, as modified by the Protocol of 1978 relating thereto, providing for
the accelerated phase-out of single-hull tankers and a phase-out scheme for the
carriage of heavy grade fuel oil in single-hull tankers; 27
57. Also welcomes the adoption by the International Maritime Organization
of the International Convention for the Control and Management of Ships’ Ballast
Water and Sediments, 28 and calls upon States to become parties to that Convention;

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21
Resolution 55/25, annex III.
22
Ibid., annex II.
23
Maritime Safety Committee, document MSC//78/26/Add.1, annex 5, resolution MSC.155(78).
24
Ibid., annex 3, resolution MSC.153(78).
25
Ibid., annex 34, resolution MSC.167(78).
26
IMO/LC.2/Circ.380.
27
Marine Environment Protection Committee, document MEPC 50/3, annex 1, resolution MEPC.111(50).
28
International Maritime Organization, document BWM/CONF/36, annex.

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58. Calls upon all States that have not yet done so to become parties to the
International Convention on the Control of Harmful Anti-fouling Systems on
Ships; 29
59. Welcomes the adoption of the Protocol establishing an International Oil
Pollution Compensation Supplementary Fund, 30 and calls upon States to become
parties to that Protocol;
60. Encourages States, in accordance with 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;
61. Notes with interest the decision taken at the fifty-second session of the
Marine Environment Protection Committee of the International Maritime
Organization to designate the Western European Waters as a particularly sensitive
sea area; 31
62. Welcomes the entry into force of the Stockholm Convention on Persistent
Organic Pollutants, 32 and calls upon all States that have not yet done so to become
parties to that Convention;
63. Calls upon States to continue to prioritize action on marine pollution
from land-based sources as part of their national sustainable development strategies
and programmes, in an integrated and inclusive manner, and to advance the
implementation of the Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities 33 and the Montreal Declaration on the
Protection of the Marine Environment from Land-based Activities; 34
64. Welcomes the adoption of resolution A.962(23) by the International
Maritime Organization on 5 December 2003, entitled “International Maritime
Organization Guidelines on Ship Recycling”, and calls upon States to follow these
Guidelines in order to minimize marine pollution;
65. Also welcomes the continued work of States, the United Nations
Environment Programme and regional organizations in the implementation of the
Global Programme of Action for the Protection of the Marine Environment from
Land-based Activities, and encourages increased emphasis on the link between
freshwater, the coastal zone and marine resources in the implementation of
international development goals, including those contained in the United Nations
Millennium Declaration 35 and of the time-bound targets in the Plan of
Implementation of the World Summit on Sustainable Development (“Johannesburg

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29
International Maritime Organization, document AFS/CONF/26, annex.
30
Protocol of 2003 to the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1992 (LEG/Conf.14/20).
31
Marine Environment Protection Committee, document MEPC 52/24, annex 10, resolution
MEPC.121(52).
32
United Nations Treaty registration No. 40214. Available from www.pops.int.
33
A/51/116, annex II.
34
See A/57/57, annex I.B.
35
See resolution 55/2.

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Plan of Implementation”), 36 in particular the target on sanitation, and the Monterrey

Consensus of the International Conference on Financing for Development; 37
66. Calls upon States to implement strategies and programmes for an
integrated ecosystem-based approach to management, developed by the Conference
of the Parties to the Convention on Biological Diversity, the Food and Agriculture
Organization of the United Nations and other relevant global and regional
organizations, and urges those organizations to cooperate in the development of
practical guidance to assist States in this regard;
67. Takes note of part two of the addendum to the report of the Secretary-
General on oceans and the law of the sea 38 describing the threats and risks to
vulnerable and threatened marine ecosystems and biodiversity in areas beyond
national jurisdiction, as well as details of conservation and management measures
addressing these issues, prepared pursuant to the request contained in paragraph 52
of resolution 58/240;
68. Reaffirms the need for States and competent international organizations
to urgently consider ways to integrate and improve, on a scientific basis 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;
69. Welcomes decision VII/5 on marine and coastal biological diversity
adopted at the seventh meeting of the Conference of the Parties to the Convention
on Biological Diversity; 39
70. Calls upon States and international organizations to urgently take 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;
71. Welcomes decision VII/28 adopted at the seventh meeting of the
Conference of the Parties to the Convention on Biological Diversity in which the
Conference decided to establish an ad hoc open-ended working group on protected
areas,39 and encourages the participation of oceans experts in the working group;
72. Reaffirms the need for States to continue their efforts 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 and based on the best scientific
information available, and the development of representative networks of any such
marine protected areas by 2012;
73. Decides to establish an 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:

_______________
36
Report of the World Summit on Sustainable Development, Johannesburg, South Africa,
26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum),
chap. I, resolution 2, annex.
37
Report of the International Conference on Financing for Development, Monterrey, Mexico,
18–22 March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex.
38
A/59/62/Add.1.
39
See UNEP/CBD/COP/7/21, annex.

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(a) To survey the past and present activities of the United Nations and other
relevant international organizations with regard to the conservation and sustainable
use of marine biological diversity beyond areas of national jurisdiction;
(b) To examine the scientific, technical, economic, legal, environmental,
socio-economic and other aspects of these issues;
(c) To identify key issues and questions where more detailed background
studies would facilitate consideration by States of these issues;
(d) To indicate, where appropriate, possible options and approaches to
promote international cooperation and coordination for the conservation and
sustainable use of marine biological diversity beyond areas of national jurisdiction;
74. Requests the Secretary-General to report on the issues referred to in
paragraph 73 above in the context of his report on oceans and the law of the sea to
the General Assembly at its sixtieth session, in order to assist the Ad Hoc Open-
ended Informal Working Group in preparing its agenda, in consultation with all
relevant international bodies; to convene the meeting of the Working Group in
New York not later than six months after the release of the report; and to arrange
support for the performance of its work to be provided by the Division for Ocean
Affairs and the Law of the Sea;
75. Encourages States to include relevant experts in their delegations
attending the meeting of the Working Group;
76. Recognizes the importance of making the outcomes of the Working
Group widely available;
77. Urges States and relevant global and regional bodies to enhance their
cooperation in the protection and preservation of mangroves, seagrass beds and
coral reefs, including through the exchange of information;
78. Reiterates its support for the International Coral Reef Initiative, takes
note of the tenth International Coral Reef Symposium, held in Okinawa, Japan, in
2004, supports the work under the Jakarta Mandate on Marine and Coastal
Biological Diversity, 40 and the elaborated Programme of Work on Marine and
Coastal Biological Diversity, 41 and notes the progress that the International Coral
Reef Initiative and other relevant bodies have made to incorporate cold water coral
ecosystems into their programmes;
79. Encourages States to cooperate, directly or through competent
international bodies, in exchanging information in the event of accidents involving
foreign vessels on coral reefs and in promoting the development of economic
assessment techniques for both restoration and non-use values of coral reef systems;
80. 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;

_______________
40
See A/51/312, annex II, decision II/10.
41
UNEP/CBD/COP/7/21, annex, decision VII/5, annex I.

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XI
Marine science
81. Calls upon States, individually, or in collaboration with each other or
with relevant international organizations and bodies, to improve understanding and
knowledge of 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;
82. Notes the potential for gas hydrates as one source for energy
development, as well as the possible associated risks, including those in the context
of climate change, and encourages States and, if appropriate, the Authority and the
international scientific community to continue to cooperate in deepening the
understanding of the issues and in investigating the feasibility, methodology, safety
and environmental impacts of the extraction of gas hydrates from the seabed, their
distribution and their use;
83. Also notes the potential for cobalt-rich ferromanganese crusts and
polymetallic sulphides as important sources of minerals, and in this context
encourages States, the Authority and the scientific community to cooperate to
explore this potential and to minimize the environmental impacts of the exploration;

XII
Regular process for global reporting and assessment of the state of
the marine environment, including socio-economic aspects
84. Takes note of the report on the International Workshop on the regular
process for global reporting and assessment of the state of the marine environment,
including socio-economic aspects (“the regular process”), 42 including its draft
conclusions, convened to consider and review the draft document prepared by the
group of experts;
85. Recognizes the urgent need to initiate a start-up phase, the “Assessment
of Assessments”, as a preparatory stage towards the establishment of the regular
process provided for in the Johannesburg Plan of Implementation3 and resolutions
57/141 and 58/240;
86. Requests the Secretary-General to convene the second International
Workshop on the regular process for global reporting and assessment of the state of
the marine environment, including socio-economic aspects, from 13 to 15 June 2005
with representatives from States, relevant organizations, agencies and programmes
of the United Nations system, other competent intergovernmental organizations and
relevant non-governmental organizations, to continue considering issues relating to
the establishment of the process, including the scope of the process and a task force
to initiate the start-up phase, the “Assessment of Assessments”;
87. Also requests the Secretary-General to report on progress relating to
establishment of the aforementioned regular process in his annual report to the
General Assembly at its sixtieth session;

_______________
42
A/59/126.

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XIII
Regional cooperation
88. Emphasizes once again the importance of regional organizations and
arrangements for cooperation and coordination in integrated oceans management,
and, where there are separate regional structures for different aspects of oceans
management, such as environmental protection and conservation of marine
ecosystems, fisheries management, navigation, scientific research and maritime
delimitation, calls for those different structures, where appropriate, to work together
for optimal cooperation and coordination;
89. Notes that there have been a number of initiatives at the regional level, in
various regions, to further the implementation of the Convention, takes note in this
context of the Caribbean-focused Assistance Fund, which is intended to facilitate,
mainly through technical assistance, the voluntary undertaking of maritime
delimitation negotiations between Caribbean States, takes note once again of 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;

XIV
Open-ended informal consultative process on oceans and the law of the sea
90. Requests the Secretary-General to convene the sixth meeting of the
Consultative Process in New York from 6 to 10 June 2005 and to provide it with the
necessary facilities for the performance of its work and to arrange for support, as
appropriate;
91. Recalls its decision to further review the effectiveness and utility of the
Consultative Process at its sixtieth session;
92. Recommends that, in its deliberations on the report of the Secretary-
General on oceans and the law of the sea at its meeting, the Consultative Process
should organize its discussions around the following areas:
(a) Fisheries and their contribution to sustainable development;
(b) Marine debris;
as well as issues discussed at previous meetings;

XV
Inter-agency coordination and cooperation
93. Notes the establishment of the Oceans and Coastal Areas Network (UN-
Oceans), a new inter-agency mechanism for coordination and cooperation on issues
relating to oceans and coastal issues, called for in paragraph 69 of resolution
58/240;
94. Urges the close and continuous involvement in UN-Oceans of all
relevant United Nations programmes, funds and the specialized agencies and other
organizations of the United Nations system and the participation of international
financial institutions, relevant intergovernmental and other organizations, as well as
the Authority and the secretariats of multilateral environmental agreements;

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95. Requests the Secretary-General to bring the present resolution to the

attention of heads of intergovernmental organizations, the specialized agencies and
funds and programmes of the United Nations engaged in activities relating to ocean
affairs and the law of the sea, drawing their attention to paragraphs of particular
relevance to them, 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;
96. Invites the competent international organizations, as well as funding
institutions, to take specific account of the present resolution in their programmes
and activities and to contribute to the preparation of the comprehensive report of the
Secretary-General on oceans and the law of the sea;
97. Encourages the sponsoring organizations of the Joint Group of Experts
on the Scientific Aspects of Marine Environmental Protection to continue to support
and provide the necessary assistance to the process of restructuring the Group of
Experts;

XVI
Activities of the Division for Ocean Affairs and the Law of the Sea
98. Expresses its appreciation to the Secretary-General for the annual
comprehensive report on oceans and the law of the sea and its addendum,5 prepared
by the Division for Ocean Affairs and the Law of the Sea, as well as for the other
activities of the Division, in accordance with the provisions of the Convention and
the mandate set forth in resolutions 49/28, 52/26, 54/33, and 56/12 of 28 November
2001;
99. Requests the Secretary-General to continue to carry out the
responsibilities entrusted to him in the Convention and related resolutions of the
General Assembly, including resolutions 49/28 and 52/26, and to ensure that
appropriate resources are made available to the Division for Ocean Affairs and the
Law of the Sea for the performance of such responsibilities under the approved
budget for the Organization;
100. Invites Member States and others in a position to do so to support the
capacity-building activities of the Division for Ocean Affairs and the Law of the
Sea, including, in particular, the training activities to assist developing States in the
preparation of their submission to the Commission, and the TRAIN-SEA-COAST
Programme of the Division;

XVII
Sixtieth session of the General Assembly
101. Requests the Secretary-General to report to the General Assembly at its
sixtieth session on the implementation of the present resolution, including other
developments and issues relating to ocean affairs and the law of the sea, in
connection with his annual comprehensive report on oceans and the law of the sea,
and to provide the report in accordance with the modalities set out in resolutions
49/28, 52/26 and 54/33, and also requests the Secretary-General to make the report
available, in its current comprehensive format, at least six weeks in advance of the
meeting of the Consultative Process;

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102. Notes that the report referred to in paragraph 101 above will also be
presented to States parties pursuant to article 319 of the Convention regarding issues
of a general nature that have arisen with respect to the Convention;
103. Decides to include in the provisional agenda of its sixtieth session the
item entitled “Oceans and the law of the sea”.

56th plenary meeting

17 November 2004

18