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The Procedural Framework of the Agreement Implementing the 1982 United Nations Convention on the Law of the Sea

Published online by Cambridge University Press:  27 February 2017

Annick de Marffy-Mantuano
Annick de Marffy-Mantuano*
Affiliation:
United Nations
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Type
Current Developments
Information
American Journal of International Law , Volume 89 , Issue 4 , October 1995 , pp. 814 - 824
Copyright
Copyright © American Society of International Law 1995

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References

1 GA Res. 48/263 (July 28, 1994), 33 ILM 1309 (1994) (including the text of the Agreement annexed to the resolution).

2 See Jean-Pierre Levy, Les Bons Offices du Secrétaire général des Nations Unies en faveur de I’universalité de la Convention sur le droit de la mer: La préparation de I’Accord du 28 juillet 1994, 94 REVUE GÉNÉRALE DE DROIT INTERNATIONAL PUBLIC 871 (1994).

3 See the declaration by Belgium at the time of signature of the Convention, and similar expressions by most of the European states, including the European Economic Community, in STATUS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, UN Sales No. E.85.V.5 (1985).

4 See statement by Bernardo Zuleta, former Under-Secretary-General for the Law of the Sea, in THE LAW OF THE SEA: OFFICIAL TEXT OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA WITH ANNEXES AND INDEX, at xix, UN Sales No. E.83.V.5 (1983).

5 See statement by Secretary-General Boutros Boutros-Ghali, at the inaugural session of the International Sea-Bed Authority, UN Press Release No. SG/SM/5483, SEA/1451 (Nov. 16, 1994).

6 See Annick de Marffy, The Pardo Declaration and the Six Years of the Sea-Bed Committee, in A HAND BOOK ON THE NEW LAW OF THE SEA 141 (René-Jean Dupuy & Daniel Vignes eds., 1991).

7 Remarks of Ambassador José Luis Jesús of Cape Verde, President of the Preparatory Commission, at the Qatar International Law Conference, 1994, at 29 (transcript on file with author).

8 During the 11 years of the work of the Preparatory Commission, a series of understandings were adopted to pave the way for the establishment of a transitional regime for the seabed under Resolution II of the Conference. See UNITED NATIONS, LAW OF THE SEA BULLETIN, Special Issue No. III, Sept. 1991 [hereinafter LOS BULL.].

9 David Anderson, Efforts to Ensure Universal Participation in the United Nations Convention on the Law of the Sea, 42 INT’L & COMP. L.Q. 657 (1993).

10 A group of experts convened in January 1994 by the General Committee of the Preparatory Commission concluded that there would be no commercial production before the decade 2001–2010. See UN Doc. LOS/ PCN/BUR/R.32 (1994).

11 See Bernard H. Oxman, The 1994 Agreement and the Convention, in Law of the Sea Forum: The 1994 Agreement on Implementation of the Seabed Provisions of the Convention on the Law of the Sea, 88 AJIL 687 (1994).

12 Observations of Ambassador Lenox Ballah of Trinidad and Tobago, at the Qatar International Law Conference, supra note 7, at 24.

13 For the text of the Boat Paper, see the annex to Gerard J. Mangone, Negotiations on the 1982 LOSC Given Extra Urgency by the 60th Ratification, 9 INT’L J. MARINE & COASTAL L. 57 (1994).

14 See LOS BULL., Special Issue No. IV, Nov. 1994, at 8–9.

15 For a brief analysis of the substantive content of the Annex to the Agreement, see Moritaka Hayashi, UNCLOS Part XI Agreement, with Particular Reference to the Status of Registered Pioneer Investors, paper delivered to the International Conference on Deep Seabed Mining Policy, Seoul (Sept. 5–7, 1994) (on file with the author).

16 Opened for signature May 23, 1969, 1155 UNTS 331.

17 No states voted against the Agreement. Seven states abstained: Colombia, Nicaragua, Panama, Peru, the Russian Federation, Thailand and Venezuela.

18 See LOS BULL., Special Issue No. IV, Nov. 1994, at 7. Ambassador Shabtai Rosenne of Israel declared in a statement at the 78th meeting of the General Assembly on December 6, 1994, under item 35, “law of the sea”: “For reasons beyond its control the delegation of Israel was absent from that meeting of the General Assembly” (when the Agreement was adopted). See UN Doc. A/49/PV.78 (1994).

19 “Due to the swiftness of the evolution of the law of the sea, many if not most countries, especially developing ones, found themselves unprepared to assume a behavior which has been codified somewhat in the abstract by their politicians, lawyers and diplomats.” Jean-Francois Pulvenis, New Problems Arising from the Entry into Force of the 1982 Convention on the Law of the Sea: Some Observations on the Situation of Developing Countries, paper delivered to the Qatar International Law Conference, supra note 7, at 7–8.

20 The updated status of the Agreement is available in the UN Division for Ocean Affairs and the Law of the Sea.

21 UN Doc. LOS/PCN/L.41/Rev.1 (1991), reprinted in LOS BULL., Special Issue No. III, Sept. 1991, at 236.

22 Supra note 16.

23 UN Doc. A/AC.138/88 (1973).

24 See LOS BULL., Special No. Issue IV, Nov. 1994, at 47.

25 See Pulvenis, supra note 19, at 26.

26 See Jonathan I. Charney, U.S. Provisional Application of the 1994 Deep Seabed Agreement, in Law of the Sea Forum, supra note 11, at 705.

27 UN Doc. C.N.224.1994.TREATIES-2 (depositary notification).