3 The United Nations Convention …
43
3.2 Development Process and Basic Contents
of the UNCLOS
3.2.1 Development Process of the UNCLOS
From the general perspective, the UNCLOS has gone through three development
stages.
The first stage is the formation of the UNCLOS. This is the stage when the
UNCLOS was formed with the UNCLOS and its nine Annexes. Article 318 of the
UNCLOS sets forth that Annexes form an integral part of this Convention and, unless
expressly provided otherwise, a reference to this Convention or to one of its Parts
includes a reference to the Annexes relating thereto.
The second stage is the development of the UNCLOS. This is the stage during
which the 1994 Agreement relating to the Implementation of Part XI of the UNCLOS
of 10 December 1982 (hereinafter referred to as Agreement on the Implementation
of Part XI, which entered into force on July 28, 1996) and the 1995 Agreement for the
Implementation of the Provision of the UNCLOS of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks (hereinafter referred to as Implementation Agreement on Straddling Fish
Stocks, which entered into force on December 11, 2001) were incorporated into the
system of the UNCLOS.
6
The third stage is the deepening of the UNCLOS. The most representative event
is the adoption of the resolution (A/RES/69/292) named Development of an International Legally-binding Instrument under the United Nations Convention on the Law
of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of
Areas beyond National Jurisdiction by the General Assembly of the United Nations
on June 19, 2015.
7 Thus, the United Nations holds governmental conferences to
negotiate and discuss the formulation of an international legally-binding instrument
which will improve the function and effect of and fill the gap in the UNCLOS on
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
8
6 The relationship between the Agreement on Implement of Part XI and the United Nations Convention on the Law of the Sea is set forth in the Paragraph 1 of Article 2 of the Agreement on Implement
of Part XI, while the relationship between the Implementation Agreement on Straddling Fish Stocks
and the United Nations Convention on the Law of the Sea is set forth in Article 4 of Implementation
Agreement on Straddling Fish Stocks.
7 See https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/187/55/PDF/N1518755.pdf?Ope
nElement.
8 See Yongming (2018a).
43
3.2 Development Process and Basic Contents
of the UNCLOS
3.2.1 Development Process of the UNCLOS
From the general perspective, the UNCLOS has gone through three development
stages.
The first stage is the formation of the UNCLOS. This is the stage when the
UNCLOS was formed with the UNCLOS and its nine Annexes. Article 318 of the
UNCLOS sets forth that Annexes form an integral part of this Convention and, unless
expressly provided otherwise, a reference to this Convention or to one of its Parts
includes a reference to the Annexes relating thereto.
The second stage is the development of the UNCLOS. This is the stage during
which the 1994 Agreement relating to the Implementation of Part XI of the UNCLOS
of 10 December 1982 (hereinafter referred to as Agreement on the Implementation
of Part XI, which entered into force on July 28, 1996) and the 1995 Agreement for the
Implementation of the Provision of the UNCLOS of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks (hereinafter referred to as Implementation Agreement on Straddling Fish
Stocks, which entered into force on December 11, 2001) were incorporated into the
system of the UNCLOS.
6
The third stage is the deepening of the UNCLOS. The most representative event
is the adoption of the resolution (A/RES/69/292) named Development of an International Legally-binding Instrument under the United Nations Convention on the Law
of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of
Areas beyond National Jurisdiction by the General Assembly of the United Nations
on June 19, 2015.
7 Thus, the United Nations holds governmental conferences to
negotiate and discuss the formulation of an international legally-binding instrument
which will improve the function and effect of and fill the gap in the UNCLOS on
the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
8
6 The relationship between the Agreement on Implement of Part XI and the United Nations Convention on the Law of the Sea is set forth in the Paragraph 1 of Article 2 of the Agreement on Implement
of Part XI, while the relationship between the Implementation Agreement on Straddling Fish Stocks
and the United Nations Convention on the Law of the Sea is set forth in Article 4 of Implementation
Agreement on Straddling Fish Stocks.
7 See https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/187/55/PDF/N1518755.pdf?Ope
nElement.
8 See Yongming (2018a).