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Third United Nations Conference on the Law of the Sea: Final Act

Published online by Cambridge University Press:  20 March 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1982

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References

1/ United Nations General Assembly official Records, Twenty-second Session, Annexes, agenda item 92, document A/6695.

2/ Ibid., Twenty-third Session, Annexes, agenda item 26, document A/7230.

3/ Ibid., Twenty-fourth Session, Supplement Nos. 22 and 22A (A/7622 and Corr.l and A/7622/Add.l).

* [Reproduced from the Draft Final Act of the Third United Nations Conference on the Law of the Sea, contained in U.N. Document A/CONF. 62/121 of October 21, 1982. The Draft as it appears above was signed on December 10, 1982, at Montego Bay, on behalf of 140 States and nine other entities , subject to minor editorial changes which will be made by the U.N. Secretariat . The signatories of the Final Act appear at I.L.M. page 1477.

[The text of the United Nations Convention on the Law of the Sea appears at I.L.M. page 1261.]

4/ Ibid., Twenty-sixth Session, Supplement No. 21 (A/8421) ; ibid., Twenty-seventh Session, Supplement No. 21 (A/8721 and Corr. l ) ; and ibid ., Twenth-eighth Session, Supplement No. 21 (A/9021 and Corr.1-3), vols . I-VI.

5/ In addition it may be noted that the Conference was attended and assisted by observers from the united Nations Programmes and Conferences.

6/ General Assembly resolution 3334 (XXIX) of 17 December 1374.

7/ General Assembly resolution 3483 (XXX) of 12 December 1975.

8/ Decision taken at the 69th meeting of the plenary Conference on 7 May 1976 (see Official Records of the Third United Nations Conference on the Law of the Sea, vol. V, A/CONF.62/SR.6 9) .

9/ General Assembly resolution 31/63 of 10 December 1976.

10/ General Assembly resolution 32/194 of 20 December 19 77.

11/ Decision taken at the 106th meeting of the plenary on Id May 1978 (see Official Records of the Third united Nations Conference on the Law of the Sea, vol . IX, A/CONF.62/SR.106) .

12/ General Assembly resolution 33/17 of 10 November 1978.

13/ Decision taken at the 115th meeting of the plenary on 27 April 1979 (see Official Records of the Third united Nations Conference on the Law of the Sea, vol . XI, A/CONF.62/SR.115).

14/ General Assembly resolution 34/20 of 9 November 1979.

15/ Ibid.

16/ General Assembly resolution 35/116 of 10 December 1980, and decision taken at the 147th meeting of the plenary Conference on 20 April 1981 (A/CONF.62/SR.14 7) .

17/ General Assembly resolution 35/452 of 11 May 1981.

18/ General Assembly resolution 36/79 of 9 December 1981.

19/ Decision taken at the 182nd meeting of the plenary Conference on 30 April 1982 (A/CONF.62/SR.182).

20/ The list of States participating at each session is recorded in the appropriate report of the Credentials Committee.

21/ Decision taken at the 38th meeting of the plenary Conference on 11 July 1974, Official Records of the Third United Nations Conference on the Law of the Sea, vol. I, A/CONF. 62/SR.38.

22/ Ibid., vol. XIII, A/C0NF.62/SR.122.

23/ 86th closed meeting of the plenary Conference held on 5 April 1978, in adopting resolution A/CONF.62/R.1 proposed by Nepal on behalf of the Asian Group; ibid., vol. IX, footnote on page 3.

24/ The General Assembly of the United Nations paid tribute to the memory of Ambassador Hamilton Shirley Amerasinghe, President of the Conference since i ts inception, and prior to that, Chairman of the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction (A/35/PV.82). Tl - General Assembly thereafter established a memorial fellowship in his name ( resolution 35/116, paragraphs 1 and 2 of 10 December 1980 and resolution 36/79, third preambular paragraph and paragraph 6, of 9 December 1981). See a l s o A/36/697.

25/ A/CONF.62/SR.143.

26/ Ibid., vol. I, A/CONF. 62/SR. 2.

27/ Decision taken at the 3rd meeting of the plenary Conference on 10 December 1973 (see Official Records of the Third United Nations Conference on the Law of the Sea, vol. I, p. 9 ).

28/ Economic implications of sea-bed mineral development in the international areai ibid., vol. III (A/OONF.62/25 dated 22 May 1974).

Economic implications of sea-bed mining in the international areas ibid., vol. IV (A/CONF.62/37 dated 18 February 1975).

Description of some types of marine technology and possible methods for their transfer: ibid., vol. IV (A/O0NF.62/C.3/L.22) dated 27 February 1975.

Draft alternative texts of the preamble and final clauses: ibid., vol. VI (A/CONF.62/L.13) dated 26 July 1976.

Annotated directory of inter-governmental organizations concerned with ocean affairs (A/CONF.62/L. 14) dated 10 August 1976.

Alternative means of financing the Enterprises ibid., vol. VI (A/CONF.62/C.l/L.17) dated 3 September 1976.

Costs of the Authority and contractual means of financing it sactivities, ibid., vol. VII (A/CONF.62/C.l/I..19) dated 18 Hay 1977.

Manpower requirements of the Authority and related training needs, ibid., vol. XII (A/CONF.62/82) dated 17 August 1979.

Potential financial implications for States Parties to the future Convention on the Law of the Sea (A/CONF.62/L.65) dated 20 February 1981.

Effects of the production limitation formula under certain specified assumptions (A/CONF.62/L.66) dated 24 February 1981 and (A/CONF.62/L.66/Corr.ij dated 3 March 1981.

Preliminary study illustration various formulae for the definition of the continental shelf: ibid., vol. IX (A/CONF.62/C.2/L.98) dated 18 April 1978; map illustration various formulae for the definition of the continental shelf (A/CONF.62/C.2/L.98/Add.l)s calculation of areas illustrated beyond 200 miles in document A/CONF. 62/C. 2/L.98/Add.l, ibid., vol. IX, (A/CONF.62/C. 2/L.98/Add.2) dated 3 May 1978s communication received from the Secretary of the Intergovernmental Oceanographic Commissions ibid., vol. IX (A/CONF.62/C. 2/L.98/Add.3) dated 28 August 1978.

Study of the implications of preparing large-scale maps for the Third united Nations Conference on the Law o f the Sea: ibid., vol. XI (A/CONF.62/C.2/L.99) dated 9 April 19 79.

Study on the future functions of the Secretary-General under the Convention and on the needs of countries, e specially developing countries, for information, advice, and assistance under the new legal regime (A/CONF.62/L.76) dated 18 August 1981.

29/ The co-ordinators of the language groups were as follows:

Arabic language groups: Mustafa Kamil Yasseen (united Arab Emirates), and Mohammad Al-Haj Hamoud (Iraq).

Chinese language group: Wang Tieya (China), Ni Zhengyu (China), and Zhang Hongzeng (China).

English language group: Bernard H. Oxman (united States) and Thomas A. Clingan (united States ).

Alternates: Steven Asher (United States) and Milton Drucker (United States ).

French language group: Tullio Treves ( Italy ).

Alternate: Lucius Caflisch (Switzerland).

Russian language group: F. N. Kovalev (USSR), P. N. Evseev (USSR), Yevgeny N. Nasincvsky (USSR) and Georgy G. Ivanov (USSR).

Spanish language group: José Antonio Yturriaga Barbarán (Spain), José Manuel Lacleta Munoz (Spain), José Antonio Pastor Ridruejo (Spain) and Luis Valencia Rodríguez (Bsuador).

30/ A/CONF.62/L.56, A/CONF.62/L.57/Rev.l and A/CONF.62/L.63/Rev.l. See Official Records of the Third united Nations Conference on the Law of the Sea, vols . XIII and XIV.

31/ A/CONF.62/L.67/Add.l-16, A/CONF.62/L.75/Add.l-13 , A/CONF.62/L.85/Add.1-9, A/OONF.62/L.142/Rev.l/Add.l and A/CONF.62/L.152/Add .1-27 .

32/ Ibid., vol. I, A/CONF. 62/SR. 24.

33/ Official Records of the General Assembly Twenty-eight Session, Plenary Meetings, 216 9th meeting.

34/ Official Records of the Third united Nations Conference on the Law of the Sea, vol. I, A/CONF.62/SR. 19.

35/ Ibid., vol. I, A/CONF. 62/SR. 40.

36/ Ibid., vol. IV, A/CONF.62/SR.52.

37/ Ibid., vol. XIII, A/OONF.62/SR.122.

38/ Ibid., vol. I, A/CONF.62/SR. 15.

39/ The First Committee appointed the following officers of the informal working groups set up by it between the second and eleventh sessions.

Christopher H. Pinto (Sri Lanka): Chairman of the informal body of the whole (decision of the first meeting of the First Committee) Official Records of the Third United Nations Conference on the Law of the Sea, vol. II; Chairman of the negotiating group on the system of operations, the regime and the conditions of exploration and exploitation of the Area, with a membership of 50 States , but open-ended (decision of the 14th to 16th meetings of the First Committee, ibid. ).

S. P. Jagota (India) and H. H. M. Sondaal (Netherlands): Co-chairmen of the open-ended working group (decision of the 26th meeting of the First Committee, ibid., vol. VI).

Jens Even sen (Norway): Special Co-ordinator of the Chairman's informal working group of the whole on the system of exploitation (decision of the 38th meeting of the First Committee, ibid., vol. VII).

Satya N. Nandan ( Fiji ) : Chairman of the informal group on the question of production policies, established under the auspices of Negotiating Group 1 referred to in paragraph 2 8 hereunder (see 114th meeting of the General Committee on 26 April 1979, ibid., vol. IX).

Paul Bamela Engo (United Republic of Cameroon): Chairman of the First Committee, Francis X. Njenga (Kenya), Tommy T. B. Koh (Singapore) and Harry Wuensche (German Democratic Republic): Co-chairmen of the forking Group of 21 on First Committee issues with the Chairman of the First Committee as principal co-ordinator. The Working Group consisted of 10 members representing the interests of the Group of 77 and 10 members representing the interests of the principal industrialized countries with 7 alternates on each side. The Group was constituted with members and alternates as necessary to represent the interests of the issue under consideration (decision of the 45th meeting of the General Committee on 9 April 1979, ibid., vol. XI; see also 114th meeting of the plenary on 26 April 1979, ibid., vol. XI) .

The Second Committee set up informal consultative groups, at different stages, chaired by the three Vice-chairmen, the representatives of Czechoslovakia, Kenya and Turkey and by the Rapporteur of the Committee, Satya N. Nandan ( Fiji ) . (See statement by the Chairman of the Second Committee, A/CONF.62/C.2/L.87 ( ibid., vol. IV). See also statement on the work of the Committee prepared by the Rapporteur, A/CONF.62/C. 2/L.89/Rev.l, ibid. ).

The Third Committee appointed the following officers of its informal meetings:

José Luis Vallarta (Mexico): Chairman of the informal meetings on Protection and preservation of the marine environment (decision of the second meeting of the Third Committee, ibid., vol. II) .

Cornel A. Metternich (Federal Republic of Germany): Chairman of the informal meetings on Scientific Research and the Development and Transfer of Technology (decision of the second meeting of the Third Committee, ibid., vol. II; see also A/CONF. 62/C. 3/L. 16 , ibid., vol. III ).

40/ Decision taken at the 65th meeting of the plenary Conference on 12 April 1976, ibid., vol. V, A/CONF.62/SR.65.

41/ Ibid., vol. VI, A/CONF.62/SR.71.

42/ Ibid., vol. VII, A/CONF.62/SR.77-6R.79.

43/ Decision taken at the 79th meeting of the plenary Conference on 28 June 1977, ibid., vol. VII.

44/ President's explanatory memorandum attached to A/CONF.62/WP.10/Rev.2, dated 11 April 1980.

45/ Official Records of the Third United Nations Conference on the law of the Sea, vol. IX, A/CONF.62/SR.89 and 90. The descriptions of the items are recorded in A/CONF.62/62, ibid., vol. X.

46/ Ibid., vol. X.

47/ The Group o f Legal Experts on the Settlement of Disputes relating to Part XI of the Informal Composite Negotiating Text was established by the Chairman of the First Committee in consultation with the President as reflected at the 114th meeting of the plenary and in A/CONF.62/C.1/L.25 and L.36, ibid., vol. XI.

48/ The Group o f Legal Experts on the Final Clauses was established by the President to deal with the technical aspects of the Final Clauses after their preliminary consideration in the informal plenary as recorded a t the 120th meeting of the plenary of 24 August 1979, ibid., vol. XII.

49/ As referred to in paragraph 27 above and in the President's explanatory memorandum attached to A/OONF.62/WP.10/Rev.2.

50/ Decision taken at the 141st meeting of the plenary on 29 August 1980, ibid., vol. XIV, A/OONF.62/SR.141.

51/ Ibid., also referred to in A/CONF.62/BUR.13/Rev.l.

52/ At the resumed eighth session.

53/ In adopting the programme of work (A/CONF.62/116), ibid., A/CONF/62/SR.154.

54/ A/CONF/62/SR.174.

55/ Recorded vote taken at the request of the delegation of the United States of America, with two delegations not participating in the vote. The result was 130 in favour, 4 against with 17 abstentions.

56/ Decision taken by the Conference at the 182nd meeting of the plenary Conference on 30 April 1982 as well as i t s decision taken at the 184th meeting on 24September 1982.

57/ Draft resolution A/CONF.62/L. 3 and Add.1-4 adopted by the Conference at the 43rd meeting of the plenary on 22 July 1974, ibid., vol. I.

58/ Draft resolution A/CONF/62/L.9 adopted by the Conference at the 51st meeting of the plenary on 28 August 1974, ibid., vol. I.

59/ Draft Tribute A/CONF.62/L.15 adopted by the Conference at the 76th meeting of the plenary on 17 September 1976, ibid., vol. VI.

60/ Draft resolution A/CONF.62/L.127 adopted by the Conference at the 182nd meeting of the plenary on 30 April 1982.

1/ For their identity and composition see “Sea-bed 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(ST/ESA/107 and Add.l).