SECTION 2. COMPETENCE
Article 20
Access to the Tribunal
1. The Tribunal shall be open to States Parties.
2. The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to
any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case.
Article 21
Jurisdiction
The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.
Article 22
Reference of disputes subject to other agreements
If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal.
Article 23
Applicable law
The Tribunal shall decide all disputes and applications in accordance with article 293.
SECTION 3. PROCEDURE
Article 24
Institution of proceedings
1. Disputes are submitted to the Tribunal, as the case may be, either by notification of a special agreement or by written application, addressed to the
Registrar. In either case, the subject of the dispute and the parties shall be indicated.
2. The Registrar shall forthwith notify the special agreement or the application to all concerned.
3. The Registrar shall also notify all States Parties.
Article 25
Provisional measures
1. In accordance with article 290, the Tribunal and its Seabed Disputes Chamber shall have the power to prescribe provisional measures.
2. If the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum, the provisional measures shall be prescribed by the chamber of summary procedure formed under article 15, paragraph 3, of this Annex. Notwithstanding article 15, paragraph 4, of this Annex, such provisional measures may be adopted at the request of any party to the dispute. They shall be subject to review and revision by the Tribunal.
Article 26
Hearing
1. The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside.
2. The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted.
Article 27
Conduct of case
The Tribunal shall make orders for the conduct of the case, decide the form and time in which each party must conclude its arguments, and make all
arrangements connected with the taking of evidence.
Article 28
Default
When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law.
Article 29
Majority for decision
1. All questions shall be decided by a majority of the members of the Tribunal who are present.
2. In the event of an equality of votes, the President or the member of the Tribunal who acts in his place shall have a casting vote.
Article 30
Judgment
1. The judgment shall state the reasons on which it is based.
2. It shall contain the names of the members of the Tribunal who have taken part in the decision.
3. If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to
deliver a separate opinion.
4. The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to
the dispute.
Article 3l
Request to intervene
1. Should a State Party consider that it has an interest of a legal nature which may be affected by the decision in any dispute, it may submit a request
to the Tribunal to be permitted to intervene.
2. It shall be for the Tribunal to decide upon this request.
3. If a request to intervene is granted, the decision of the Tribunal in respect of the dispute shall be binding upon the intervening State Party in so
far as it relates to matters in respect of which that State Party intervened.
Article 32
Right to intervene in cases of interpretation or application
1. Whenever the interpretation or application of this Convention is in question, the Registrar shall notify all States Parties forthwith.
2. Whenever pursuant to article 21 or 22 of this Annex the interpretation or application of an international agreement is in question, the Registrar shall notify all the parties to the agreement.
3. Every party referred to in paragraphs 1 and 2 has the right to intervene in the proceedings; if it uses this right, the interpretation given by the judgment will be equally binding upon it.
Article 33
Finality and binding force of decisions
1. The decision of the Tribunal is final and shall be complied with by all the parties to the dispute.
2. The decision shall have no binding force except between the parties in respect of that particular dispute.
3. In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party.
Article 34
Costs
Unless otherwise decided by the Tribunal, each party shall bear its own costs.
SECTION 4. SEABED DISPUTES CHAMBER
Article 35
Composition
1. The Seabed Disputes Chamber referred to in article 14 of this Annex shall be composed of 11 members, selected by a majority of the elected members of the Tribunal from among them.
2. In the selection of the members of the Chamber, the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. The Assembly of the Authority may adopt recommendations of a general nature relating to such representation and
3. The members of the Chamber shall be selected every three years and may be selected for a second term.
4. The Chamber shall elect its President from among its members, who shall serve for the term for which the Chamber has been selected.
5. If any proceedings are still pending at the end of any three-year period for which the Chamber has been selected, the Chamber shall complete
the proceedings in its original composition.
6. If a vacancy occurs in the Chamber, the Tribunal shall select a successor from among its elected members, who shall hold office for the
remainder of his predecessor’s term.
7. A quorum of seven of the members selected by the Tribunal shall be required to constitute the Chamber.
Article 36
Ad hoc chambers
1. The Seabed Disputes Chamber shall form an ad hoc chamber, composed of three of its members, for dealing with a particular dispute submitted to it in accordance with article 188, paragraph 1(b). The composition of such a chamber shall be determined by the Seabed Disputes Chamber with the approval of the parties.
2. If the parties do not agree on the composition of an ad hoc chamber, each party to the dispute shall appoint one member, and the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment, the President of the Seabed Disputes Chamber shall
promptly make the appointment or appointments from among its members, after consultation with the parties.
3. Members of the ad hoc chamber must not be in the service of, or nationals of, any of the parties to the dispute.
Article 37
Access
The Chamber shall be open to the States Parties, the Authority and the other entities referred to in Part XI, section 5.
Article 38
Applicable law
In addition to the provisions of article 293, the Chamber shall apply: (a) the rules, regulations and procedures of the Authority adopted in
accordance with this Convention; and
(b) the terms of contracts concerning activities in the Area in matters relating to those contracts.
Article 39
Enforcement of decisions of the Chamber
The decisions of the Chamber shall be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court
of the State Party in whose territory the enforcement is sought.
Article 40
Applicability of other sections of this Annex
1. The other sections of this Annex which are not incompatible with this section apply to the Chamber.
2. In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this Annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.
SECTION 5. AMENDMENTS
Article 4l
Amendments
1. Amendments to this Annex, other than amendments to section 4, may be adopted only in accordance with article 313 or by consensus at a conference convened in accordance with this Convention.
2. Amendments to section 4 may be adopted only in accordance with article 314.
3. The Tribunal may propose such amendments to this Statute as it may consider necessary, by written communications to the States Parties for their
consideration in conformity with paragraphs 1 and 2.
ANNEX VII. ARBITRATION
Article 1
Institution of proceedings
Subject to the provisions of Part XV, any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by written
notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds
on which it is based.
Article 2
List of arbitrators
l. A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced inmaritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.
2. If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make
further nominations as necessary.
3. The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provided that such arbitrator shall
continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.
Article 3
Constitution of arbitral tribunal
For the purpose of proceedings under this Annex, the arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows: (a) Subject to subparagraph (g), the arbitral tribunal shall consist of five members.
(b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article l of this Annex.
(c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the partyinstituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e).
(d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment
or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period.
(e) Unless the parties agree that any appointment under subparagraphs (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties.The appointments referred to in this subparagraph shall be made
from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.
(g) Parties in the same interest shall appoint one member of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be smaller by one than the number of members of the tribunal to be appointed jointly by the
parties.
(h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.
Article 4
Functions of arbitral tribunal
An arbitral tribunal constituted under article 3 of this Annex shall function in accordance with this Annex and the other provisions of this Convention.
Article 5
Procedure
Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity
to be heard and to present its case.
Article 6
Duties of parties to a dispute
The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their
disposal, shall:
(a) provide it with all relevant documents, facilities and information; and
(b) enable it when necessary to call witnesses or experts and receive their evidence and to visit the localities to which the case relates.
Article 7
Expenses
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.
Article 8
Required majority for decisions
Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or abstention of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.
Article 9
Default of appearance
If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.
Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in
fact and law.
Article 10
Award
The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the
names of the members who have participated and the date of the award. Any member of the tribunal may attach a separate or dissenting opinion to the
award.
Article 11
Finality of award
The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be
complied with by the parties to the dispute.
Article 12
Interpretation or implementation of award
1. Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may
be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the
manner provided for in the original appointments of the members of the tribunal.
2. Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.
Article 13
Application to entities other than States Parties
The provisions of this Annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.
ANNEX VIII. SPECIAL ARBITRATION
Article 1
Institution of proceedings
Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by
dumping, may submit the dispute to the special arbitral procedure provided for in this Annex by written notification addressed to the other party or
parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.
Article 2
Lists of experts
1. A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping.
2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in
the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific
research by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the
International Maritime Organization, or in each case by the appropriate subsidiary body concerned to which such organization, programme or
commission has delegated this function.
3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such
field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated
in each field shall constitute the appropriate list.
4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make
further nominations as necessary.
5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall
continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.
Article 3
Constitution of special arbitral tribunal
For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:
(a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members.
(b) The party instituting the proceedings shall appoint two members to be chosen preferably from the appropriate list or lists referred to in article 2 of this Annex relating to the matters in dispute, one of whom may be its national. The appointments shall be included in the notification referred to in article 1 of this Annex.
(c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this Annex, appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national.If the appointments are not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in accordance
with subparagraph (e).
(d) The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at
the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period.
(e) Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of the United Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs (c) and (d). The appointments referred to in this subparagraph shall be made from the appropriate list or lists of experts referred to in article 2 of this Annex and in consultation with the parties to the dispute and the appropriate international organization. The members so appointed shall be of different nationalities and may not be in the service of,
ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.
(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.
(g) Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal.
(h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.
Article 4
General provisions
Annex VII, articles 4 to 13, apply mutatis mutandis to the special arbitration proceedings in accordance with this Annex.
Article 5
Fact finding
1. The parties to a dispute concerning the interpretation or application of the provisions of this Convention relating to (l) fisheries, (2) protection and
preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping, may at any
time agree to request a special arbitral tribunal constituted in accordance with article 3 of this Annex to carry out an inquiry and establish the facts giving
rise to the dispute.
2. Unless the parties otherwise agree, the findings of fact of the special arbitral tribunal acting in accordance with paragraph 1, shall be considered
as conclusive as between the parties.
3. If all the parties to the dispute so request, the special arbitral tribunal may formulate recommendations which, without having the force of a decision, shall only constitute the basis for a review by the parties of the questions giving rise to the dispute.
4. Subject to paragraph 2, the special arbitral tribunal shall act in accordance with the provisions of this Annex, unless the parties otherwise agree.
ANNEX IX. PARTICIPATION BY
INTERNATIONAL ORGANIZATIONS
Article 1
Use of terms
For the purposes of article 305 and of this Annex, “international organization” means an intergovernmental organization constituted by States to which its member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of those matters.
Article 2
Signature
An international organization may sign this Convention if a majority of its member States are signatories of this Convention. At the time of signature an international organization shall make a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to that organization by its member States which are signatories, and the nature and extent of that competence.
Article 3
Formal confirmation and accession
1. An international organization may deposit its instrument of formal confirmation or of accession if a majority of its member States deposit or have deposited their instruments of ratification or accession.
2. The instruments deposited by the international organization shall contain the undertakings and declarations required by articles 4 and 5 of this
Annex.
Article 4
Extent of participation and rights and obligations
l. The instrument of formal confirmation or of accession of an international organization shall contain an undertaking to accept the rights and obligations of States under this Convention in respect of matters relating to which competence has been transferred to it by its member States which are Parties to this Convention.
2. An international organization shall be a Party to this Convention to the extent that it has competence in accordance with the declarations, communications of information or notifications referred to in article 5 of this Annex.
3. Such an international organization shall exercise the rights and perform the obligations which its member States which are Parties would otherwise have under this Convention, on matters relating to which competence has been transferred to it by those member States. The member States of that international organization shall not exercise competence which they have transferred to it.
4. Participation of such an international organization shall in no case entail an increase of the representation to which its member States which are
States Parties would otherwise be entitled, including rights in decision-making.
5. Participation of such an international organization shall in no case confer any rights under this Convention on member States of the organization
which are not States Parties to this Convention.
6. In the event of a conflict between the obligations of an international organization under this Convention and its obligations under the agreement
establishing the organization or any acts relating to it, the obligations under this Convention shall prevail.
Article 5
Declarations, notifications and communications
l. The instrument of formal confirmation or of accession of an international organization shall contain a declaration specifying the matters governed by this Convention in respect of which competence has been transferred to the organization by its member States which are Parties to this Convention.
2. A member State of an international organization shall, at the time it ratifies or accedes to this Convention or at the time when the organization deposits its instrument of formal confirmation or of accession, whichever is later, make a declaration specifying the matters governed by this Convention in respect of which it has transferred competence to the organization.
3. States Parties which are member States of an international organization which is a Party to this Convention shall be presumed to have competence over all matters governed by this Convention in respect of which transfers of competence to the organization have not been specifically declared, notified or communicated by those States under this article.
4. The international organization and its member States which are States Parties shall promptly notify the depositary of this Convention of any changes to the distribution of competence, including new transfers of competence, specified in the declarations under paragraphs 1 and 2.
5. Any State Party may request an international organization and its member States which are States Parties to provide information as to which, as between the organization and its member States, has competence in respect of any specific question which has arisen. The organization and the member
States concerned shall provide this information within a reasonable time. The international organization and the member States may also, on their own
initiative, provide this information.
6. Declarations, notifications and communications of information under this article shall specify the nature and extent of the competence transferred.
Article 6
Responsibility and liability
l. Parties which have competence under article 5 of this Annex shall have responsibility for failure to comply with obligations or for any other violation of this Convention.
2. Any State Party may request an international organization or its member States which are States Parties for information as to who has responsibility in respect of any specific matter. The organization and the member States concerned shall provide this information. Failure to provide this information within a reasonable time or the provision of contradictory information shall result in joint and several liability.
Article 7
Settlement of disputes
l. At the time of deposit of its instrument of formal confirmation or of accession, or at any time thereafter, an international organization shall be free
to choose, by means of a written declaration, one or more of the means for the settlement of disputes concerning the interpretation or application of this
Convention, referred to in article 287, paragraph 1(a), (c) or (d).
2. Part XV applies mutatis mutandis to any dispute between Parties to this Convention, one or more of which are international organizations. 3. When an international organization and one or more of its member States are joint parties to a dispute, or parties in the same interest, the organization shall be deemed to have accepted the same procedures for the settlement of disputes as the member States; when, however, a member State has chosen only the International Court of Justice under article 287, the organization and the member State concerned shall be deemed to have accepted arbitration in accordance with Annex VII, unless the parties to the dispute otherwise agree.
Article 8
Applicability of Part XVII
Part XVII applies mutatis mutandis to an international organization, except in respect of the following:
(a) the instrument of formal confirmation or of accession of an international organization shall not be taken into account in the
application of article 308, paragraph l;
(b) (i) an international organization shall have exclusive capacity with respect to the application of articles 312 to 315, to the extent that it has competence under article 5 of this Annex over the entire subject-matter of the amendment;
(ii) the instrument of formal confirmation or of accession of an international organization to an amendment, the entire subject-matter over which the international organization has competence under article 5 of this Annex, shall be considered to be the instrument of ratification or accession of each of the
member States which are States Parties, for the purposes of applying article 316, paragraphs 1, 2 and 3;
(iii) the instrument of formal confirmation or of accession of the international organization shall not be taken into account in the application of article 316, paragraphs 1 and 2, with regard to all other amendments;
(c) (i) an international organization may not denounce this Convention in accordance with article 317 if any of its member States is a State Party and if it continues to fulfil the qualifications specified in article 1 of this Annex;
(ii) an international organization shall denounce this Convention when none of its member States is a State Party or if the international organization no longer fulfils the qualifications specified in article 1 of this Annex. Such denunciation shalltake effect immediately.
Final Act of the Third United Nations Conference on the Law of the Sea (excerpts)
Page
Annex I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Resolution I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Resolution II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Resolution III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Resolution IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Annex II
Statement of understanding concerning a specific method to be
used in establishing the outer edge of the continental margin . . . . . . . . . . 205
Annex VI
Resolution on development of national marine science, technology
and ocean service infrastructures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
ANNEX I
RESOLUTION I
ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR
THE INTERNATIONAL SEA-BED AUTHORITY AND FOR
THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE
SEA
The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea which provides for the establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea,
Having decided to take all possible measures to ensure the entry into effective operation without undue delay of the Authority and the Tribunal and
to make the necessary arrangements for the commencement of their functions,
Having decided that a Preparatory Commission should be established for the fulfilment of these purposes,
Decides as follows:
l. There is hereby established the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea. Upon signature of or accession to the Convention by 50 States, the Secretary-General of the United Nations shall convene the Commission, and it shall meet no sooner than 60 days and no later than 90 days thereafter.
2. The Commission shall consist of the representatives of States and of Namibia, represented by the United Nations Council for Namibia, which have
signed the Convention or acceded to it. The representatives of signatories of the Final Act may participate fully in the deliberations of the Commission as
observers but shall not be entitled to participate in the taking of decisions.
3. The Commission shall elect its Chairman and other officers.
4. The Rules of Procedure of the Third United Nations Conference on the Law of the Sea shall apply mutatis mutandis to the adoption of the rules
of procedure of the Commission.
5. The Commission shall:
(a) prepare the provisional agenda for the first session of the Assembly and of the Council and, as appropriate, make recommendations relating to items thereon;
(b) prepare draft rules of procedure of the Assembly and of the Council;
(c) make recommendations concerning the budget for the first financial period of the Authority;
(d) make recommendations concerning the relationship between the Authority and the United Nations and other international organizations;
(e) make recommendations concerning the Secretariat of the Authority in accordance with the relevant provisions of the Convention;
(f) undertake studies, as necessary, concerning the establishment of the headquarters of the Authority, and make recommendations relating thereto;
(g) prepare draft rules, regulations and procedures, as necessary, to enable the Authority to commence its functions, including draft regulations concerning the financial management and the internal administration of the Authority;
(h) exercise the powers and functions assigned to it by resolution II of the Third United Nations Conference on the Law of the Sea relating to preparatory investment;
(i) undertake studies on the problems which would be encountered by developing land-based producer States likely to be most seriously affected by the production of minerals derived from the Area with a view to minimizing their difficulties and helping them to make the necessary economic adjustment,
including studies on the establishment of a compensation fund, and submit recommendations to the Authority thereon.
6. The Commission shall have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes as set forth
in this resolution.
7. The Commission may establish such subsidiary bodies as are necessary for the exercise of its functions and shall determine their functions and rules of procedure. It may also make use, as appropriate, of outside sources of expertise in accordance with United Nations practice to facilitate the work of bodies so established.
8. The Commission shall establish a special commission for the Enterprise and entrust to it the functions referred to in paragraph 12 of resolution II of the Third United Nations Conference on the Law of the Sea relating to preparatory investment. The special commission shall take all measures necessary for the early entry into effective operation of the Enterprise.
9. The Commission shall establish a special commission on the problems which would be encountered by developing land-based producer States likely to be most seriously affected by the production of minerals derived from the Area and entrust to it the functions referred to in paragraph 5(i).
10. The Commission shall prepare a report containing recommendations for submission to the meeting of the States Parties to be convened in accordance with Annex VI, article 4, of the Convention regarding practical arrangements for the establishment of the International Tribunal for the Law of the Sea.
11. The Commission shall prepare a final report on all matters within its mandate, except as provided in paragraph 10, for the presentation to the Assembly at its first session. Any action which may be taken on the basis of the report must be in conformity with the provisions of the Convention concerning the powers and functions entrusted to the respective organs of the Authority.
12. The Commission shall meet at the seat of the Authority if facilities are available; it shall meet as often as necessary for the expeditious exercise
of its functions.
13. The Commission shall remain in existence until the conclusion of the first session of the Assembly, at which time its property and records shall be
transferred to the Authority.
14. The expenses of the Commission shall be met from the regular budget of the United Nations, subject to the approval of the General Assembly of the United Nations.
15. The Secretary-General of the United Nations shall make available to the Commission such secretariat services as may be required.
16. The Secretary-General of the United Nations shall bring this resolution, in particular paragraphs 14 and 15, to the attention of the General
Assembly for necessary action.
RESOLUTION II
GOVERNING PREPARATORY INVESTMENT IN
PIONEER ACTIVITIES RELATING TO POLYMETALLIC
NODULES
The Third United Nations Conference on the Law of the Sea, Having adopted the Convention on the Law of the Sea (the “Convention”),
Having established by resolution I the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law
of the Sea (the “Commission”) and directed it to prepare draft rules, regulations and procedures, as necessary to enable the Authority to commence
its functions, as well as to make recommendations for the early entry into effective operation of the Enterprise,
Desirous of making provision for investments by States and other entities made in a manner compatible with the international regime set forth in
Part XI of the Convention and the Annexes relating thereto, before the entry into force of the Convention,
Recognizing the need to ensure that the Enterprise will be provided with the funds, technology and expertise necessary to enable it to keep pace with
the States and other entities referred to in the preceding paragraph with respect to activities in the Area,
Decides as follows:
1. For the purposes of this resolution:
(a) “pioneer investor” refers to:
(i) France, India, Japan and the Union of Soviet Socialist Republics, or a state enterprise of each of those States orone natural or juridical person which possesses the nationality of or is effectively controlled by each of those 1 For their identity and composition see “Seabed mineral resource development: recent activities of the international Consortia” and addendum, published by the Department of International Economic and Social Affairs of the United Nations States, or their nationals, provided that the State concerned signs the Convention and the State or state enterprise or natural or juridical person has expended, before 1 January 1983, an amount equivalent to at least $US 30 million (United States dollars calculated in constant dollars relative to 1982) in pioneer activities and has expended no less than 10 per cent of that amount in the location, survey and evaluation of the area referred to in paragraph 3(a);
(ii) four entities, whose components being natural or juridical persons 1 possess the nationality of one or more of the following States, or are effectively controlled by one or more of them or their nationals: Belgium, Canada, the Federal Republic of Germany, Italy, Japan, the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, provided that the certifying State or States sign the Convention and the entity concerned has expended, before 1 January 1983, the levels of expenditure for the purpose stated in subparagraph (i);
(iii) any developing State which signs the Convention or any state enterprise or natural or juridical person which possesses the nationality of such State or is effectively controlled by it or its nationals, or any group of the foregoing, which, before 1 January 1985, has expended the levels of expenditure for the purpose stated insubparagraph (i);The rights of the pioneer investor may devolve upon its successor in interest.
(b) “pioneer activities” means undertakings, commitments of financial and other assets, investigations, findings, research, engineering development and other activities relevant to the identification, discovery, and systematic analysis and evaluation of polymetallic nodules and to the determination of the
technical and economic feasibility of exploitation. Pioneer activities include:
(i) any at-sea observation and evaluation activity which has as its objective the establishment and documentation of the nature, shape, concentration, location and grade of polymetallic nodules and of the environmental, technical and other appropriate factors which must be taken into account before exploitation;
(ii) the recovery from the Area of polymetallic nodules with a view to the designing, fabricating and testing of equipment which is intended to be used in the exploitation of polymetallic nodules;
(c) “certifying State” means a State which signs the Convention, standing in the same relation to a pioneer investor as would a sponsoring State pursuant to Annex III, article 4, of the Convention and which certifies the levels of expenditure specified in subparagraph (a);
(d) “polymetallic nodules” means one of the resources of the Areaconsisting of any deposit or accretion of nodules, on or just below the surface of the deep seabed, which contain manganese, nickel, cobalt and copper;
(e) “pioneer area” means an area allocated by the Commission to a pioneer investor for pioneer activities pursuant to this resolution. A pioneer area shall not exceed 150,000 square kilometres. The pioneer investor shall relinquish portions of the pioneer area to revert to the Area, in accordance with the
following schedule:
(i) 20 per cent of the area allocated by the end of the third year from the date of the allocation;
(ii) an additional 10 per cent of the area allocated by the end of the fifth year from the date of the allocation;
(iii) an additional 20 per cent of the area allocated or such larger amount as would exceed the exploitation area decided upon by the Authority in its rules, regulations and procedures, after eight years from the date of the allocation of the area or the date of the award of a production authorization, whichever is earlier;
(f) “Area”, “Authority”, “activities in the Area” and “resources” have the meanings assigned to those terms in the Convention.
2. As soon as the Commission begins to function, any State which has signed the Convention may apply to the Commission on its behalf or on behalf of any state enterprise or entity or natural or juridical person specified in paragraph 1(a) for registration as a pioneer investor. The Commission shall register the applicant as a pioneer investor if the application:
(a) is accompanied, in the case of a State which has signed the Convention, by a statement certifying the level of expenditure made in accordance with paragraph 1(a), and, in all other cases, a certificate concerning such level of expenditure issued by a certifying State or States; and
(b) is in conformity with the other provisions of this resolution, including paragraph 5.
3. (a) Every application shall cover a total area which need not be a single continuous area, sufficiently large and of sufficient estimated commercial value to allow two mining operations.The application shall indicate the coordinates of the area defining the total area and dividing it into two parts of equal
estimated commercial value and shall contain all the data available to the applicant with respect to both parts of the area. Such data shall include, inter alia, information relating to mapping, testing, the density of polymetallic nodules and their metal content. In dealing with such data, the Commission and
its staff shall act in accordance with the relevant provisions of the Convention and its Annexes concerning the confidentiality of data.
(b) Within 45 days of receiving the data required by subparagraph (a), the Commission shall designate the part of the area which is to be reserved in accordance with the Convention for the conduct of activities in the Area by the Authority through the Enterprise or in association with developing States. The other part of the area shall be allocated to the pioneer investor as a pioneer area.
4. No pioneer investor may be registered in respect of more than one pioneer area. In the case of a pioneer investor which is made up of two or more components, none of such components may apply to be registered as a pioneer investor in its own right or under paragraph 1(a)(iii).
5. (a) Any State which has signed the Convention and which is a prospective certifying State shall ensure, before making applications to the Commission under paragraph 2, that areas in respect of which applications are made do not overlap oneanother or areas previously allocated as pioneer areas. The
States concerned shall keep the Commission currently and fully informed of any efforts to resolve conflicts with respect to overlapping claims and of the results thereof.
(b) Certifying States shall ensure, before the entry into force of the Convention, that pioneer activities are conducted in a manner compatible with it.
(c) The prospective certifying States, including all potential claimants, shall resolve their conflicts as required under subparagraph (a) by negotiations within a reasonable period. If such conflicts have not been resolved by 1 March 1983, the prospective certifying States shall arrange for the submission of
all such claims to binding arbitration in accordance with UNCITRAL Arbitration Rules to commence not later than 1 May 1983 and to be completed by 1 December 1984. If one of the States concerned does not wish to participate in the arbitration, it shall arrange for a juridical person of its nationality to represent it in the arbitration. The arbitral tribunal may, for good cause, extend the deadline for the making of the award for one or more 30-day periods.
(d) In determining the issue as to which applicant involved in a conflict shall be awarded all or part of each area in conflict, the arbitral tribunal shall find a solution which is fair and equitable, having regard, with respect to each applicant involved in the conflict, to the following factors:
(i) the deposit of the list of relevant coordinates with the prospective certifying State or States not later than the date of adoption of the Final Act or 1 January 1983, whichever is earlier;
(ii) the continuity and extent of past activities relevant to each area in conflict and to the application area of which it is a part;
(iii) the date on which each pioneer investor concerned or predecessor in interest or component organization thereofcommenced activities at sea in the application area;
(iv) the financial cost of activities measured in constant United States dollars relevant to each area in conflict and to the application area of which it is a part; and
(v) the time when those activities were carried out and the quality of activities.
6. A pioneer investor registered pursuant to this resolution shall, from the date of registration, have the exclusive right to carry out pioneer activities
in the pioneer area allocated to it.
7. (a) Every applicant for registration as a pioneer investor shall pay to the Commission a fee of $US 250,000. When the pioneer investor applies to the Authority for a plan of work for exploration and exploitation the fee referred to in Annex III, article 13, paragraph 2, of the Convention shall be $US 250,000.
(b) Every registered pioneer investor shall pay an annual fixed fee of $US 1 million commencing from the date of the allocation of the pioneer area. The payments shall be made by the pioneer investor to the Authority upon the approval of its plan of work for exploration and exploitation. The financial arrangements undertaken pursuant to such plan of work shall be adjusted to take account of the payments made pursuant to this paragraph.
(c) Every registered pioneer investor shall agree to incur periodic expenditures, with respect to the pioneer area allocated to it, until approval of its plan of work pursuant to paragraph 8, of an amount to be determined by the Commission. The amount should be reasonably related to the size of the pioneer area and the expenditures which would be expected of a bona fideoperator who intends to bring that area into commercial production within a reasonable time.
8. (a) Within six months of the entry into force of the Convention and certification by the Commission in accordance with paragraph 11, of compliance with this resolution, the pioneer investor so registered shall apply to the Authority for approval of a plan of work for exploration and exploitation, in accordance with the Convention. The plan of work in respect of such application shall comply with and be governed by the relevant provisions of the Convention and the rules, regulations and procedures of the Authority, including those on the operational requirements, the financial requirements and the undertakings concerning the transfer of technology.Accordingly, the Authority shall approve such application.
(b) When an application for approval of a plan of work is submitted by an entity other than a State, pursuant to subparagraph (a), the certifying State or States shall be deemed to be the sponsoring State for the purposes of Annex III, article 4, of the Convention, and shall thereupon assume such obligations.
(c) No plan of work for exploration and exploitation shall be approved unless the certifying State is a Party to the Convention. In the case of the entities referred to in paragraph 1(a)(ii), the plan of work for exploration and exploitation shall not be approved unless all the States whose natural or juridical persons comprise those entities are Parties to the Convention. If any such State fails to ratify the Convention within six months after it has received a
notification from the Authority that an application by it, or sponsored by it, is pending, its status as a pioneer investor or certifying State, as the case may be, shall terminate, unless the Council, by a majority of three fourths of its members present and voting, decides to postpone the terminal date for a period
not exceeding six months.
9. (a) In the allocation of production authorizations, in accordance with article 151 and Annex III, article 7, of the Convention, the pioneer investors who have obtained approval of plans of work for exploration and exploitation shall have priority over all applicants other than the Enterprise which shall be entitled to production authorizations for two mine sites including that referred to in article 151, paragraph 5, of the Convention. After each of the pioneer investors has obtained production authorization for its first mine site, the priority for the Enterprise contained in Annex III, article 7, paragraph 6, of the
Convention shall apply.
(b) Production authorizations shall be issued to each pioneer investor within 30 days of the date on which that pioneer investor notifies the Authority that it will commence commercial production within five years. If a pioneer investor is unable to begin production within the period of five years for reasons beyond its control, it shall apply to the Legal and Technical Commission for an extension of time. That Commission shall grant the extension of time, for a period not exceeding five years and not subject to further extension, if it is satisfied that the pioneer investor cannot begin on an economically viable basis at the time originally planned. Nothing in this subparagraph shall prevent the Enterprise or any other pioneer applicant, who has notified the Authority that it will commence commercial production within five years, from being given a priority over any applicant who has obtained an extension of time under this subparagraph.
(c) If the Authority, upon being given notice, pursuant to subparagraph (b), determines that the commencement of commercial production within five years would exceed the production ceiling in article 151, paragraphs 2 to 7, of the Convention, the applicant shall hold a priority over any other applicant for the award of the next production authorization allowed by the production ceiling.
(d) If two or more pioneer investors apply for production authorizations to begin commercial production at the same time and article 151, paragraphs 2 to 7, of the Convention, would not permit all such production to commence simultaneously, the Authority shall notify the pioneer investors concerned. Within three months of such notification, they shall decide whether and, if so, to what extent they wish to apportion the allowable tonnage among themselves.
(e) If, pursuant to subparagraph (d), the pioneer investors concerned decide not to apportion the available production among themselves they shall agree on an order of priority for production authorizations and all subsequent applications for production authorizations will be granted after those referred to
in this subparagraph have been approved.
(f) If, pursuant to subparagraph (d), the pioneer investors concerned decide to apportion the available production among themselves, the Authority shall award each of them a production authorization for such lesser quantity as they have agreed. In each case the stated production requirements of the
applicant will be approved and their full production will be allowed as soon as the production ceiling admits of additional capacity sufficient for the applicants involved in the competition. All subsequent applications for production authorizations will only be granted after the requirements of
this subparagraph have been met and the applicant is no longer subject to the reduction of production provided for in this subparagraph.
(g) If the parties fail to reach agreement within the stated time period, the matter shall be decided immediately by the means provided for in paragraph 5(c) in accordance with the criteria set forth in Annex III, article 7, paragraphs 3 and 5, of the Convention.
10. (a) Any rights acquired by entities or natural or juridical persons which possess the nationality of or are effectively controlled by a State or States whose status as certifying State has been terminated, shall lapse unless the pioneer investor changes its nationality and sponsorship within six months of the date of such termination, as provided for in subparagraph (b).
(b) A pioneer investor may change its nationality and sponsorship from that existing at the time of its registration as a pioneer investor to that of any State Party to the Convention which has effective control over the pioneer investor in terms of paragraph l(a).
(c) Changes of nationality and sponsorship pursuant to this paragraph shall not affect any right or priority conferred on a pioneer investor pursuant to paragraphs 6 and 8.
11. The Commission shall:
(a) provide each pioneer investor with the certificate of compliance with the provisions of this resolution referred to in paragraph 8; and
(b) include in its final report required by paragraph 11 of resolution I of the Conference details of all registrations of pioneer investors and allocations of pioneer areas pursuant to this resolution.
12. In order to ensure that the Enterprise is able to carry out activities in the Area in such a manner as to keep pace with States and other entities:
(a) every registered pioneer investor shall:
(i) carry out exploration, at the request of the Commission, in the area reserved, pursuant to paragraph 3 in connection with its application, for activities in the Area by the Authority through the Enterprise or in association with developing States, on the basis that the costs so incurred plus interest thereon at the rate of 10 per cent per annum shall be reimbursed;
(ii) provide training at all levels for personnel designated by the Commission;
(iii) undertake before the entry into force of the Convention, to perform the obligations prescribed in the Convention relating to transfer of technology;
(b) every certifying State shall:
(i) ensure that the necessary funds are made available to the Enterprise in a timely manner in accordance with the Convention, upon its entry into force; and
(ii) report periodically to the Commission on the activities carried out by it, by its entities or natural or juridicalpersons.
13. The Authority and its organs shall recognize and honour the rights and obligations arising from this resolution and the decisions of the Commission taken pursuant to it.
14. Without prejudice to paragraph 13, this resolution shall have effect until the entry into force of the Convention.
15. Nothing in this resolution shall derogate from Annex III, article 6, paragraph 3(c), of the Convention.
RESOLUTION III
The Third United Nations Conference on the Law of the Sea, Having regard to the Convention on the Law of the Sea, Bearing in mind the Charter of the United Nations, in particular Article 73,
1. Declares that:
(a) In the case of a territory whose people have not attained full independence or other self-governing status recognized by the United Nations, or a territory under colonial domination, provisions concerning rights and interests under the Convention shall be implemented for the benefit of the people of the territory with a view to promoting their well-being and development.
(b) Where a dispute exists between States over the sovereignty of a territory to which this resolution applies, in respect of which the United Nations has recommended specific means of settlement, there shall be consultations between the parties to that dispute regarding the exercise of the rights referred to in
subparagraph (a). In such consultations the interests of the people of the territory concerned shall be a fundamental consideration. Any exercise of those rights shall take into account the relevant resolutions of the United Nations and shall be without prejudice to the position of any party to the dispute.
The States concerned shall make every effort to enter into provisional arrangements of a practical nature and shall not jeopardize or hamper the reaching of a final settlement of the dispute.
2. Requests the Secretary-General of the United Nations to bring this resolution to the attention of all Members of the United Nations and the other participants in the Conference, as well as the principal organs of the United Nations, and to request their compliance with it.
RESOLUTION IV
The Third United Nations Conference on the Law of the Sea, Bearing in mind that national liberation movements have been invited to participate in the Conference as observers in accordance with rule 62 of its rules of procedure,
Decides that the national liberation movements, which have been participating in the Third United Nations Conference on the Law of the Sea, shall be entitled to sign the Final Act of the Conference, in their capacity as observers.
ANNEX II
STATEMENT OF UNDERSTANDING
CONCERNING A SPECIFIC METHOD
TO BE USED IN ESTABLISHING
THE OUTER EDGE OF THE CONTINENTAL MARGIN
The Third United Nations Conference on the Law of the Sea, Considering the special characteristics of a State’s continental margin where: (1) the average distance at which the 200 metre isobath occurs is not more than 20 nautical miles; (2) the greater proportion of the sedimentary rock of the continental margin lies beneath the rise; and Taking into account the inequity that would result to that State from the application to its continental margin of article 76 of the Convention, in that, the mathematical average of the thickness of sedimentary rock along a line established at the maximum distance permissible in accordance with the provisions of paragraph 4(a)(i) and (ii) of that article as representing the entire outer edge of the continental margin would not be less than 3.5 kilometres; and that more than half of the margin would be excluded thereby;
Recognizes that such State may, notwithstanding the provisions of article 76, establish the outer edge of its continental margin by straight lines not exceeding 60 nautical miles in length connecting fixed points, defined by latitude and longitude, at each of which the thickness of sedimentary rock is
not less than 1 kilometre,Where a State establishes the outer edge of its continental margin by applying the method set forth in the preceding paragraph of this statement, this method may also be utilized by a neighbouring State for delineating the outer edge of its continental margin on a common geological feature, where its outer edge would lie on such feature on a line established at the maximum distance permissible in accordance with article 76, paragraph 4(a)(i) and (ii), along which the mathematical average of the thickness of sedimentary rock is not less than 3.5 kilometres,
The Conference requests the Commission on the Limits of the Continental Shelf set up pursuant to Annex II of the Convention, to be governed by the terms of this Statement when making its recommendations on matters related to the establishment of the outer edge of the continental margins of these States in the southern part of the Bay of Bengal.
ANNEX VI
RESOLUTION ON DEVELOPMENT OF
NATIONAL MARINE SCIENCE, TECHNOLOGY
AND OCEAN SERVICE INFRASTRUCTURES
The Third United Nations Conference on the Law of the Sea, Recognizing that the Convention on the Law of the Sea is intended to establish a new regime for the seas and oceans which will contribute to the realization of a just and equitable international economic order through making provision for the peaceful use of ocean space, the equitable and efficient management and utilization of its resources, and the study, protection and preservation of the marine environment, Bearing in mind that the new regime must take into account, in particular, the special needs and interests of the developing countries, whether coastal, land-locked, or geographically disadvantaged,
Aware of the rapid advances being made in the field of marine science and technology, and the need for the developing countries, whether coastal, land-locked, or geographically disadvantaged, to share in these achievements if the aforementioned goals are to be met,
Convinced that, unless urgent measures are taken, the marine scientific and technological gap between the developed and the developing countries
will widen further and thus endanger the very foundations of the new regime, Believing that optimum utilization of the new opportunities for social and
economic development offered by the new regime will be facilitated through action at the national and international level aimed at strengthening national
capabilities in marine science, technology and ocean services, particularly in the developing countries, with a view to ensuring the rapid absorption and
efficient application of technology and scientific knowledge available to them,
Considering that national and regional marine scientific and technological centres would be the principal institutions through which States and, in particular, the developing countries, foster and conduct marine scientific research, and receive and disseminate marine technology,
Recognizing the special role of the competent international organizations envisaged by the Convention on the Law of the Sea, especially in relation to
the establishment and development of national and regional marine scientific and technological centres,
Noting that present efforts undertaken within the United Nations system in training, education and assistance in the field of marine science and technology and ocean services are far below current requirements and would be particularly inadequate to meet the demands generated through operation of the Convention on the Law of the Sea,
Welcoming recent initiatives within international organizations to promote and coordinate their major international assistance programmes aimed at strengthening marine science infrastructures in developing countries,
1. Calls upon all Member States to determine appropriate priorities in their development plans for the strengthening of their marine science, technology and ocean services;
2. Calls upon the developing countries to establish programmes for the promotion of technical cooperation among themselves in the field of marine science, technology and ocean service development;
3. Urges the industrialized countries to assist the developing countries in the preparation and implementation of their marine science, technology and
ocean service development programmes;
4. Recommends that the World Bank, the regional banks, the United Nations Development Programme, the United Nations Financing System for Science and Technology and other multilateral funding agencies augment and coordinate their operations for the provision of funds to developing countries
for the preparation and implementation of major programmes of assistance in strengthening their marine science, technology and ocean services;
5. Recommends that all competent international organizations within the United Nations system expand programmes within their respective fields
of competence for assistance to developing countries in the field of marine science, technology and ocean services and coordinate their efforts on a
system-wide basis in the implementation of such programmes, paying particular attention to the special needs of the developing countries, whether
coastal, land-locked or geographically disadvantaged;
6. Requests the Secretary-General of the United Nations to transmit this resolution to the General Assembly at its thirty-seventh session.
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