International Maritime Organization (IMO), the Food and Agriculture Organization
(FAO), the UN Educational, Scientific and Cultural Organization (UNESCO), and
the UN Environment Program (UNEP).
The UN and in particular the UN General Assembly (UNGA), given its global
geographical and political representation, is arguably one of the most crucial platforms in furthering the law of the sea and marine environmental protection. First, the
contribution of UNGA in the making of customary international law, enhancing
legitimacy and democratisation in decision-making in matters pertaining to the law
of the sea must be acknowledged, especially with respect to non-State parties to
UNCLOS.
15 For political reasons, the more pertinent and pressing issues on the law
of the sea have traditionally been resolved at the UN level as opposed to within the
UNCLOS set up. Second, through the role it plays in promoting sustainable development, UNGA has pledged significant attention to the protection of the marine
environment and the conservation of living resources. For instance, the Sustainable
Development Goals adopted in 2015, in particular Goal 14, emphasizes the need to
‘conserve and sustainably use the oceans, seas and marine resources for sustainable
development’.
16 Expressing political aspirations is an effective way to encourage the
adoption of policies and practices among member States and thereby galvanize
global-scale initiatives towards environmental protection.
17
Third, it should be remembered that the path leading to UNCLOS was created
through the UN by facilitating the diplomatic conferences that lead up to its eventual
drafting and adoption in 1982. Pertinently, it was also the UN which paved the way
for the wide acceptance (and coming into force) of UNCLOS by resolving the
deadlock pertaining to the deep seabed regime through the negotiating of the
Agreement Relating to the Implementation of Part XI of UNCLOS in 1994. It
subsequently also facilitated a second implementation agreement in the form of
the UN Fish Stocks Agreement in 1995. Presently, following a UNGA Resolution in
June 2015
18 to develop an international legally-binding instrument under UNCLOS
for the ‘conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction’, progress is being made for the possible of a third
implementation agreement to UNCLOS.
19
Fourth, apart from developing instruments for the advancement of UNCLOS and
its objectives, another valuable contribution of UNGA is the annual review and
implementation of UNCLOS and matters concerning the oceans and maritime
affairs. This practice, in the form of a report prepared by the UN Secretary-General
and presented to UNGA followed by a resolution passed by the latter, has been
continuing ever since UNCLOS entered into force in 1994.
20 The UN Open-ended
15 Boyle and Chinkin (2007), pp. 106–108; Tanaka (2015a), p. 347.
16 See UNGA (2015) Resolution A/RES/70/1.
17 Bodansky (2010).
18 See UNGA (2017) Resolution A/RES/69/292.
19 Barnes (2016).
20 Tanaka (2015a), p. 36.
3 International Organizations and the Protection of the Marine Environment
41
(FAO), the UN Educational, Scientific and Cultural Organization (UNESCO), and
the UN Environment Program (UNEP).
The UN and in particular the UN General Assembly (UNGA), given its global
geographical and political representation, is arguably one of the most crucial platforms in furthering the law of the sea and marine environmental protection. First, the
contribution of UNGA in the making of customary international law, enhancing
legitimacy and democratisation in decision-making in matters pertaining to the law
of the sea must be acknowledged, especially with respect to non-State parties to
UNCLOS.
15 For political reasons, the more pertinent and pressing issues on the law
of the sea have traditionally been resolved at the UN level as opposed to within the
UNCLOS set up. Second, through the role it plays in promoting sustainable development, UNGA has pledged significant attention to the protection of the marine
environment and the conservation of living resources. For instance, the Sustainable
Development Goals adopted in 2015, in particular Goal 14, emphasizes the need to
‘conserve and sustainably use the oceans, seas and marine resources for sustainable
development’.
16 Expressing political aspirations is an effective way to encourage the
adoption of policies and practices among member States and thereby galvanize
global-scale initiatives towards environmental protection.
17
Third, it should be remembered that the path leading to UNCLOS was created
through the UN by facilitating the diplomatic conferences that lead up to its eventual
drafting and adoption in 1982. Pertinently, it was also the UN which paved the way
for the wide acceptance (and coming into force) of UNCLOS by resolving the
deadlock pertaining to the deep seabed regime through the negotiating of the
Agreement Relating to the Implementation of Part XI of UNCLOS in 1994. It
subsequently also facilitated a second implementation agreement in the form of
the UN Fish Stocks Agreement in 1995. Presently, following a UNGA Resolution in
June 2015
18 to develop an international legally-binding instrument under UNCLOS
for the ‘conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction’, progress is being made for the possible of a third
implementation agreement to UNCLOS.
19
Fourth, apart from developing instruments for the advancement of UNCLOS and
its objectives, another valuable contribution of UNGA is the annual review and
implementation of UNCLOS and matters concerning the oceans and maritime
affairs. This practice, in the form of a report prepared by the UN Secretary-General
and presented to UNGA followed by a resolution passed by the latter, has been
continuing ever since UNCLOS entered into force in 1994.
20 The UN Open-ended
15 Boyle and Chinkin (2007), pp. 106–108; Tanaka (2015a), p. 347.
16 See UNGA (2015) Resolution A/RES/70/1.
17 Bodansky (2010).
18 See UNGA (2017) Resolution A/RES/69/292.
19 Barnes (2016).
20 Tanaka (2015a), p. 36.
3 International Organizations and the Protection of the Marine Environment
41