Informal Consultative Process on Oceans and the Law of the Sea (ICP), a resourceful
forum created through a UNGA Resolution adopted in 1999
21 and meets annually
since 2002, also creates an avenue for independent experts and observers to take part
in discussing a wide range of marine affairs. The outcome of the ICP meetings is
subsequently relied upon in the annual UNGA review process.
22
Fifth, special mention ought to be given to the Division of Ocean Affairs and the
Law of the Sea (DOALOS), one of the units belonging to the Office of Legal Affairs
to the UN Secretariat. DOALOS performs the vital function of facilitating and
administering all UN operations and responsibilities pertaining to ocean affairs and
the law of the sea, such as the UN Secretary General’s annual report, the IPC
meetings, the SPLOS meetings and the BBNJ Preparatory Committee meetings,
providing UN member States and intergovernmental organizations a wide range of
technical services such as information and advice on UNCLOS and related instruments, and supporting the other institutions within the UN system in matters within
this domain.
23
Sixth and lastly, the general UN set up also comprises of a scientific advisory
body known as the Joint Group of Experts on the Scientific Aspects of Marine
Environmental Protection (GESAMP). This independent body consists of numerous
experts acting in their personal capacity to advise the UN system on the scientific
aspects of marine environmental protection. GESAMP undertakes an interdisciplinary and science-based approach to marine environmental affairs and seeks to coordinate and streamline the individual efforts taken by the various UN agencies
through a joint advisory mechanism. It is also responsible for the publication of
the GESAMP Reports and Studies Series in which the results of its major reviews,
analyses and assessments are published.
24
The United Nations’ contribution to the development of the law of the sea can be
gleaned further from several key UN-related organizations that possess specific
mandates respectively.
The International Maritime Organization (IMO) has been described as ‘the
organization that has probably had the most substantial direct effect upon the law
of the sea’ and has made important progress in regulating marine pollution and
navigation safety through its expert advisory committees, the Maritime Safety
Committee (MSC) and the Marine Environment Protection Committee (MEPC).
25
The ISA assumes a dominant role in marine environmental protection through
standard setting, the issuance of non-binding recommendations, and by convening
diplomatic conferences for States to formally adopt binding instruments.
In this regard, some multilateral treaties accord the IMO and its subsidiary organs
the powers to adopt or amend standards through the use of annexes or schedules to
21 See UNGA (1999) Resolution A/RES/54/33.
22 Tanaka (2015a), p. 36.
23 de La Fayette (2006).
24 Rothwell and Stephens (2016), p. 366.
25 Churchill and Lowe (1999), p. 23.
42
P. A. Singh
forum created through a UNGA Resolution adopted in 1999
21 and meets annually
since 2002, also creates an avenue for independent experts and observers to take part
in discussing a wide range of marine affairs. The outcome of the ICP meetings is
subsequently relied upon in the annual UNGA review process.
22
Fifth, special mention ought to be given to the Division of Ocean Affairs and the
Law of the Sea (DOALOS), one of the units belonging to the Office of Legal Affairs
to the UN Secretariat. DOALOS performs the vital function of facilitating and
administering all UN operations and responsibilities pertaining to ocean affairs and
the law of the sea, such as the UN Secretary General’s annual report, the IPC
meetings, the SPLOS meetings and the BBNJ Preparatory Committee meetings,
providing UN member States and intergovernmental organizations a wide range of
technical services such as information and advice on UNCLOS and related instruments, and supporting the other institutions within the UN system in matters within
this domain.
23
Sixth and lastly, the general UN set up also comprises of a scientific advisory
body known as the Joint Group of Experts on the Scientific Aspects of Marine
Environmental Protection (GESAMP). This independent body consists of numerous
experts acting in their personal capacity to advise the UN system on the scientific
aspects of marine environmental protection. GESAMP undertakes an interdisciplinary and science-based approach to marine environmental affairs and seeks to coordinate and streamline the individual efforts taken by the various UN agencies
through a joint advisory mechanism. It is also responsible for the publication of
the GESAMP Reports and Studies Series in which the results of its major reviews,
analyses and assessments are published.
24
The United Nations’ contribution to the development of the law of the sea can be
gleaned further from several key UN-related organizations that possess specific
mandates respectively.
The International Maritime Organization (IMO) has been described as ‘the
organization that has probably had the most substantial direct effect upon the law
of the sea’ and has made important progress in regulating marine pollution and
navigation safety through its expert advisory committees, the Maritime Safety
Committee (MSC) and the Marine Environment Protection Committee (MEPC).
25
The ISA assumes a dominant role in marine environmental protection through
standard setting, the issuance of non-binding recommendations, and by convening
diplomatic conferences for States to formally adopt binding instruments.
In this regard, some multilateral treaties accord the IMO and its subsidiary organs
the powers to adopt or amend standards through the use of annexes or schedules to
21 See UNGA (1999) Resolution A/RES/54/33.
22 Tanaka (2015a), p. 36.
23 de La Fayette (2006).
24 Rothwell and Stephens (2016), p. 366.
25 Churchill and Lowe (1999), p. 23.
42
P. A. Singh