A/RES/48/263. Resolution of the United Nations General Assembly, 1994

• Resolution Number: A/RES/48/263
• Year: 1994
• Session: 48th
• Issuer: General Assembly of the United Nation

UNITEDUNITED AA

NATIONSNATIONS

General Assembly

Distr.

GENERAL

A/RES/48/263

17 August 1994

Forty-eighth session

Agenda item 36

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[without reference to a Main Committee (A/48/L.60 and Add.1)]

48/263. Agreement relating to the implementation of Part XI of

the United Nations Convention on the Law of the Sea of

10 December 1982

The General Assembly,

Prompted by the desire to achieve universal participation in the United

Nations Convention on the Law of the Sea of 10 December 1982 1/ (hereinafter

referred to as the "Convention") and to promote appropriate representation in

the institutions established by it,

Reaffirming that the seabed and ocean floor and subsoil thereof, beyond

the limits of national jurisdiction (hereinafter referred to as the "Area"),

as well as the resources of the Area, are the common heritage of mankind, 2/

Recalling that the Convention in its Part XI and related provisions

(hereinafter referred to as "Part XI") established a regime for the Area and

its resources,

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1/ Official Records of the Third United Nations Conference on the Law

of the Sea, vol. XVII (United Nations publication, Sales No. E.84.V.3),

document A/CONF.62/122.

2/ General Assembly resolution 2749 (XXV) of 17 December 1970;

article 136 of the United Nations Convention on the Law of the Sea.

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A/RES/48/263

Page 2

Taking note of the consolidated provisional final report of the

Preparatory Commission for the International Seabed Authority and for the

International Tribunal for the Law of the Sea, 3/

Recalling its resolution 48/28 of 9 December 1993 on the law of the sea,

Recognizing that political and economic changes, including in particular

a growing reliance on market principles, have necessitated the re-evaluation

of some aspects of the regime for the Area and its resources,

Noting the initiative of the Secretary-General which began in 1990 to

promote dialogue aimed at achieving universal participation in the Convention,

Welcoming the report of the Secretary-General on the outcome of his

informal consultations, 4/ including the draft of an agreement relating to the

implementation of Part XI,

Considering that the objective of universal participation in the

Convention may best be achieved by the adoption of an agreement relating to

the implementation of Part XI,

Recognizing the need to provide for the provisional application of such

an agreement from the date of entry into force of the Convention on

16 November 1994,

1. Expresses its appreciation to the Secretary-General for his report

on the informal consultations;

2. Reaffirms the unified character of the United Nations Convention

on the Law of the Sea of 10 December 1982;

3. Adopts the Agreement relating to the implementation of Part XI of

the United Nations Convention on the Law of the Sea of 10 December 1982

(hereinafter referred to as the "Agreement"), the text of which is annexed to

the present resolution;

4. Affirms that the Agreement shall be interpreted and applied

together with Part XI as a single instrument;

5. Considers that future ratifications or formal confirmations of or

accessions to the Convention shall represent also consent to be bound by the

Agreement and that no State or entity may establish its consent to be bound by

the Agreement unless it has previously established or establishes at the same

time its consent to be bound by the Convention;

6. Calls upon States which consent to the adoption of the Agreement

to refrain from any act which would defeat its object and purpose;

7. Expresses its satisfaction at the entry into force of the

Convention on 16 November 1994;

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3/ Documents LOS/PCN/130 and Add.1.

4/ A/48/950.

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