United Nations Open-ended informal consultative process on oceans and the law of the sea

(Background)

Last updated: 01 Jun 2007

Oceans and the international community

The importance of the oceans and seas to mankind and the interrelatedness of all aspects of oceans and seas have led to significant cooperative and coordinated endeavours on the part of the international community. A comprehensive "constitution for the oceans" dealing with all aspects of man’s interaction with the oceans and seas is in place - the United Nations Convention on the Law of the Sea (UNCLOS) sets out the legal framework within which all activities in the oceans and seas must be carried out. Chapter 17 of Agenda 21, adopted in 1992 at the United Nations Conference on Environment and Development, remains the fundamental programme of action for achieving sustainable development in respect of oceans and seas. A large number of activities at the global, interregional, regional, subregional and national levels are being fostered and implemented by international organizations and national bodies, promoting, for example, safety of navigation, sustainable development of marine resources, conservation and sustainable use of marine and coastal biodiversity, protection and preservation of the marine environment, and better scientific understanding of the oceans and seas, their resources and their interactions with the earth's ecosystem.

Role of the General Assembly of the United Nations

The General Assembly of the United Nations has been providing stewardship of the world’s oceans and seas since the establishment of the Organization. It was the General Assembly that convened the Third United Nations Conference on the Law of the Sea which adopted UNCLOS. It was also the General Assembly that convened the United Nations Conference on Environment and Development (UNCED) which adopted Agenda 21. The General Assembly is in a unique position to give effect to the fundamental principle laid down in UNCLOS that "the problems of ocean space are closely interrelated and need to be considered as a whole." In this context, convinced of the importance of the annual consideration and review of ocean affairs and the law of the sea by the General Assembly, as the global institution having the competence to undertake such a review (resolution 49/28), the General Assembly has been carrying out such annual reviews since 1983, following the adoption of UNCLOS in 1982, based on annual comprehensive reports prepared by the Secretary-General.

Identified needs

The strategic importance of UNCLOS as a framework for national, regional and global action in the marine sector, bolstered by the action orientation of Agenda 21, has spurred a wide variety and range of international endeavours. In 1999, it was felt that the debate in the General Assembly on "oceans and the law of the sea" needed to be widened and deepened and that enhanced coordination was needed to deal with ocean issues.

In this connection, it should be noted that the Commission on Sustainable Development (CSD) devoted its seventh session in April 1999 to the review of the progress achieved in the implementation of Chapter 17 and other relevant chapters of Agenda 21, under the sectoral theme of "oceans and seas."

Establishment of the Consultative Process

Following the recommendation of the Commission on Sustainable Development, and consistent with the legal framework provided by UNCLOS and the goals of chapter 17 of Agenda 21, the General Assembly decided on 24 November 1999 to establish an open-ended informal consultative process in order to facilitate the annual review by the General Assembly, in an effective and constructive manner, of developments in ocean affairs and the law of the sea by considering the Secretary-General’s annual report on oceans and the law of the sea and by suggesting particular issues to be considered by it (resolution 54/33). 

The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (the Consultative Process) was initially established for a three-year period. At its fifty-seventh session, in accordance with paragraph 4 of its resolution 54/33 of 24 November 1999, the General Assembly considered whether the Consultative Process should be continued. After reviewing the work of the Process over the previous three years and noting its contribution to strengthening its annual debate on oceans and the law of the sea, the Assembly decided to continue the Consultative Process for an additional three-year period by resolution 57/141 of 12 December 2002.

In accordance with its resolution 57/141, the General Assembly, at its sixtieth session, reviewed again the effectiveness and utility of the Consultative Process. In its resolution 60/30 of 29 November 2005, the General Assembly decided to extend it for a further three-year period.

Meetings of the Consultative Process

The Consultative Process is intended to facilitate the annual review by the General Assembly of developments in ocean affairs and the law of the sea by considering the Secretary-General’s report on oceans and the law of the sea and by suggesting particular issues to be considered by the General Assembly, with an emphasis on identifying areas where coordination and cooperation at the intergovernmental and inter-agency levels should be enhanced.

The meetings deliberate on the Secretary-General’s report on oceans and the law of the sea, with due account given to any particular resolution or decision of the General Assembly, any relevant special reports of the Secretary-General and any relevant recommendations of the Commission on Sustainable Development. The topics for the focus of discussions at the meetings are decided by the General Assembly in its annual resolution on “Oceans and the law of the sea”. The topics are discussed in depth in a discussion panel during the Consultative Process, as described below.

The co-chairpersons prepare a summary of discussions of issues and ideas raised during the plenary sessions and the discussions panel. The meetings may propose elements for the consideration of the General Assembly, including, as appropriate, in relation to General Assembly resolutions under the agenda item, “Oceans and the law of the sea”.

For information on previous meetings of the Consultative Process, including the Co-Chairpersons and the topics for the focus of discussions, please follow the link to ICP meeting chart.

Co-Chairpersons

Meetings of the Consultative Process are coordinated by two co-chairpersons, who are appointed by the President of the General Assembly in consultation with Member States, taking into account the need for representation from developed and developing countries.

For information on the Co-Chairpersons of the Consultative Process, please follow the link to ICP meeting chart.

Discussion Panels

In consultations with delegations, the co-chairpersons elaborate a format for the discussions that best facilitates the work of the Consultative Process, in accordance with the rules of procedure and practices of the General Assembly. The topics selected by the General Assembly for focused discussions are considered in a discussion panel during the Consultative Process. The areas of concentration for the discussion panel and the organization of panel segments are proposed by the co-chairpersons based on consultations with delegations and discussions at an informal preparatory meeting. The co-chairpersons invite panellists to launch the discussions at the meeting by making short presentations on relevant questions.

For information on topics for the focus of discussions in previous meetings, please follow the link to ICP meeting chart.

Participation

In resolution 54/33, the General Assembly decided that the meetings of the Consultative Process should have as broad and inclusive participation as possible: they are open to all States Members of the United Nations, States members of the specialized agencies, all parties to UNCLOS, entities that have received a standing invitation to participate as observers in the work of the General Assembly pursuant to its relevant resolutions, and intergovernmental organizations with competence in ocean affairs.  The meetings also provide an opportunity to receive input from representatives of the major groups as identified in Agenda 21.

Non-governmental organizations wishing to attend the meetings of the Consultative Process must have consultative status with either the Economic and Social Council or be accredited to the roster of the Commission on Sustainable Development.

Trust Fund

A voluntary trust fund was established under General Assembly resolution 55/7 to assist the representatives of developing States, in particular least developed States small island developing States and landlocked developing States, to attend the meetings of the Consultative Process. The trust fund covers the travel costs of an economy round trip ticket.

In resolution 61/222 of 20 December 2006, the General Assembly expressed its concern regarding the insufficient resources available in the voluntary trust fund and urged States to make additional contributions.

UN Ground Passes (Intergovernmental and Non-governmental Organizations)

The names and contact details of representatives of intergovernmental and non-governmental organizations invited to attend the meetings of the Consultative Process are to be communicated to DOALOS for issuance of grounds passes in order to have access to United Nations premises in New York. A special form may be downloaded by intergovernmental organizations by following the link to the Protocol and Liaison Service site.

Representatives of intergovernmental organization must pick-up their UN grounds passes directly from the UN Pass Office at 801 United Nations Plaza (45th Street and First Avenue) prior to attending the Consultative Process meeting. An official document identifying the representative should be presented at the time. Intergovernmental organization having a liaison office in New York should endeavour to obtain their UN grounds pass from that office to attend the Consultative Process meeting.

Secretariat

The Division for Ocean Affairs and the Law of the Sea (DOALOS), Office of Legal Affairs, carries out the secretariat functions at the meetings of the Consultative Process, in cooperation with other relevant parts of the Secretariat, including the Division for Sustainable Development of the Department of Economic and Social Affairs, as appropriate.