Twenty Years after Entering into Force, ‘Constitution for Oceans’ Nears Universal Acceptance, Provides Guide to Post-2015 Development Agenda
NEW YORK, 17 November (Office of Legal Affairs) — Sunday, 16 November, marked the twentieth anniversary of the entry into force of the United Nations Convention on the Law of the Sea.
The Convention, also referred to as the “Constitution for the Oceans”, sets out the legal framework within which all activities in the oceans and seas must be carried out. That central place of the Convention, among many other international instruments dealing with ocean issues, is being reaffirmed annually by the General Assembly in its resolutions on oceans and the law of the sea.
The Convention represents a major achievement in codification and progressive development of international law, alongside its two implementing agreements of 10 December 1982, the Agreement relating to the implementation of Part XI of the Convention on the Law of the Sea and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 28 July 1994. Over the past 20 years, the Convention has contributed pre-eminently to the strengthening of peace, security, cooperation and friendly relations among nations in conformity with the principles of justice and equal rights. It has also contributed greatly 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 Charter, as well as to the sustainable development of the oceans and seas.
As oceans cover almost three quarters of the surface of the Earth, States are increasingly looking to their resources as a means to economic growth and social advancement. As a result, more attention is being paid to developing an ocean-based economy, given that marine ecosystems underpin a wide range of ecosystem goods and services, ranging, for example, from food and non-living resources to energy, transport, livelihoods, biotechnology, coastal protection, climate regulation and recreation.
Oceans and seas can, therefore, play a critical role in the achievement of the Millennium Development Goals and in the post-2015 development agenda. However, realizing the full development potential of oceans and seas depends on carrying out ocean-based activities in a sustainable manner, in accordance with internationally agreed rules.
In that regard, the Convention provides the legal framework for the sustainable development of oceans and seas and their resources. It establishes a delicate balance between the need for economic and social development through the use of the oceans and their resources and the need to protect and preserve the marine environment and conserve and manage its resources.
In addition, the Convention provides for scientific and technical assistance to developing countries and the development and transfer of marine technology. The full implementation of the Convention could provide all States with the opportunity to develop and benefit from a sustainable ocean-based economy.
Unsustainable activities both at sea and on land negatively affect oceans. Global population expansion also exerts increasing pressures on marine resources and ecosystems, including through the overexploitation of living resources, destruction of habitats and land-based sources of pollution. Those pressures that cumulatively affect the health and productivity of marine ecosystems are compounded by effects of increased CO2 emissions, in particular ocean acidification. Continued loss in marine biodiversity and marine ecosystems’ productivity will hamper efforts to meet development goals, in particular those related to poverty eradication, food security and health.
Those challenges point to a critical need for continued concerted efforts by all stakeholders and at all levels, as well as for the full implementation of the legal regime for oceans, as reflected in the Convention, related implementing agreements and other relevant instruments. The Convention represents a powerful tool in this regard. It governs all aspects of ocean space and uses, addressing matters such as the regime and breadth of maritime zones, delimitation, rights and duties related to navigation, conservation, sustainable use and management of living resources, exploration and exploitation of non-living resources, and other economic and commercial activities.
The Convention sets out the principles and regulations governing the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction, the common heritage of mankind. In addition, the Convention contains rules for the protection and preservation of the marine environment, conduct and promotion of marine scientific research, development and transfer of technology and the settlement of disputes. Recognizing that the problems of ocean space are closely interrelated and need to be considered as a whole, it provides the basis upon which ocean-based economies can be developed in an integrated and sustainable manner.
The Convention had established three bodies: International Seabed Authority, International Tribunal for the Law of the Sea, and Commission on the Limits of the Continental Shelf. The States Parties to the Convention meet annually at United Nations Headquarters.
The Convention has proven to be one of the most successful international legal instruments ever negotiated under the auspices of the United Nations. With 166 parties, including the European Union, and given the recognition that many of its provisions are reflective of customary international law, the Convention is nearing universal acceptance and continues to be the foundation for the peaceful and sustainable use of oceans and seas. The oceans and seas are important for the conservation and sustainable use of their resources in the context of sustainable development, including through their contributions to poverty eradication, sustained economic growth, food security and the creation of sustainable livelihoods and decent work, and the need to protect biodiversity and the marine environment. As such, the Convention continues to be of strategic importance as the basis for national, regional and global action and cooperation in the marine sector. The Convention continues to be the source of stability and legal certainty, which are critical to the economic and social advancement of people.
In his remarks to the Meeting of States Parties to the Convention in June 2014, marking the twentieth anniversary of that instrument, Secretary‑General Ban Ki‑moon underscored the key role of the Convention. “At this crucial moment for action on the Millennium Development Goals, the future development agenda and the grave risk of climate change, I encourage you all to recommit to the task of implementing the Convention,” he said. “With effective policies and practices, we can protect and safeguard oceans for the benefit of all humanity, for generations to come.”
For more information, visit http://www.un.org/Depts/los.