Status of the
Convention and its
implementing
Agreements
Link
to
the Oceans and Law of
the Sea: Status
of
the Convention
and the
implementing
agreements
In
its
resolutions on
oceans and the law
of the sea,
the General Assembly
continuously
stresses the
importance of
increasing the
number of States
parties to the
Convention and the
Agreement
relating to the
implementation of
Part XI of the
Convention in order
to achieve
the goal of
universal
participation. The
General Assembly
also reiterates its
call upon all States
that had not done so
to become parties to
these
instruments.
The United
Nations Convention on
the Law of the Sea was
open for signature on
10 December 1982 and
entered into force on
16 November 1994.
Several States out of
159 original UNCLOS
signatories have yet
to ratify. A number of
States from among 38
States that did not
sign UNCLOS or were
not independent States
at the time of its
opening for signature
have acceded or
succeeded to the
Convention. Certain
coastal States have
not yet expressed
their consent to be
bound by the
Convention. It
appears, however, that
in certain States
non-parties, internal
procedures are under
way to enable them to
become parties to
UNCLOS. Developing
landlocked States in
Africa and Central
Asia should also
ratify or accede to
UNCLOS, as Part X of
UNCLOS dealing with
access to and from the
sea and freedom of
transit provides the
basic legal framework
for the negotiation of
modalities of such
access and transit.
The
Agreement relating
to the
implementation of
Part XI of the
Convention
was adopted on 28
July 1994 (General
Assembly resolution
48/263) and entered
into force on 28
July 1996. The
Agreement is to be
interpreted and
applied
together with the
Convention as a
single instrument,
and in the event of
any
inconsistency
between the
Agreement and Part
XI of the
Convention, the
provisions of the
Agreement shall
prevail. After 28
July 1994, any
ratification
of or accession to
the Convention
represents consent
to be bound by the
Agreement as well.
Furthermore, no
State or entity can
establish its
consent to
be bound by the
Agreement unless it
has previously
established its
consent to be bound
by the
Convention or unless
it establishes such
consent to be bound
by the Agreement
and the Convention
at the same time.
Not
all States parties
to the Convention
are parties to the
Agreement relating
to the
implementation of
Part XI. A number of
States which became
States parties to
the Convention prior
to the adoption of
the Agreement on
Part XI have yet to
express their
consent to be bound
by the Agreement.These
States should take the
necessary steps in
order to accede to
that Agreement and
thus to put their
participation in the
work of the
International Seabed
Authority on a sound
legal footing.
The Agreement
for the implementation
of the provisions of
the United
Nations Convention on
the Law of the Sea of
10 December 1982
relating to the
conservation and
management of
straddling fish stocks
and highly migratory
fish
stocks (the 1995
Agreement on Fish
Stocks) was adopted on
4 August 1995 by the
United Nations
Conference on
Straddling Fish Stocks
and Highly Migratory
Fish
Stocks. Unlike the
Agreement relating to
the implementation of
Part XI of the
Convention,
there is no direct
linkage between the
1995 Agreement on Fish
Stocks and the
Convention
with respect to
establishing the
consent to be bound.
The Agreement
was opened for
signature until
4 December
1996 and received a
total of 59
signatures. The
Agreement entered into
force on 11 December
2001, 30 days after
the date of deposit of
the thirtieth
instrument of
ratification or
accession. Although
the Agreement
provides, in its
article 41,
for the possibility of
its provisional
application, no State
or entity has
notified the
depositary of its wish
to do so.
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