The Functions and Role of the United Nations Secretariat in Ocean Affairs and the Law of the Sea

2012 ◽  
Vol 27 (4) ◽  
pp. 683-699
Author(s):  
Serguei Tarassenko ◽  
Ilaria Tani
Keyword(s):  
United Nations ◽  
Secretary General ◽  
Law Of The Sea ◽  
Special Issue ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
United Nations System ◽  
Nations System

Abstract This article provides an overview of the functions entrusted to the Secretary-General of the United Nations under the 1982 United Nations Convention on the Law of the Sea and performed on his behalf by the United Nations Secretariat, namely the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs. In accordance with the commemorative spirit of this special issue, the article seeks to chronicle the major institutional steps through which the Division for Ocean Affairs and the Law of the Sea came into existence and was assigned with unique tasks in ocean and sea-related matters within the United Nations system. The functions of the Division are then briefly discussed.

Negotiating by Consensus: Developments in Technique at the United Nations Conference on the Law of the Sea

1981 ◽  
Vol 75 (2) ◽  
pp. 324-348 ◽  
Author(s):  
Barry Buzan
Keyword(s):  
United Nations ◽  
International Negotiation ◽  
Law Of The Sea ◽  
General Assembly ◽  
Unique Event ◽  
General Assembly Resolution ◽  
The United Nations ◽  
The Law ◽  
United Nations System ◽  
Nations System

The Third United Nations Conference on the Law of the Sea (UNCLOS III) is important not only because of the scope and substance of the issues with which it is concerned, but also because it represents a major international experiment in decision making by consensus. Most of the attention it has attracted so far has been focused on the problems, progress, and prospects of the conference as a unique event. Given the magnitude of the matters at stake, not to mention the drama of the proceedings, this is natural enough. In addition, there is the risk of a severe blow to the process of international negotiation in general, and to the United Nations system in particular, should UNCLOS III fail. Only a few writers have so far begun systematically to discuss procedural developments at UNCLOS in terms other than those relating to the success or failure of the conference itself. Jonathan Charney and Bernard Oxman have pointed out the significance of procedural developments and precedents, Robert Eustis has begun the exploration of UNCLOS as a model of multinational negotiation, and Edward Miles has argued that nothing similar to UNCLOS should be tried again. United Nations concern about problems in the process of international negotiation in general is demonstrated by General Assembly Resolution 32/48 (December 8,1977), requesting a report on the techniques and procedures used in the elaboration of multilateral conventions.

Part 12 Financing: Financement, Art.114 Payment of expenses/Règlement des dépenses

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Secretary General ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This chapter comments on Article 114 of the Rome Statute of the International Criminal Court. Article 114 states that the expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court. Article 114 has been described as an attempt to avoid a practice resulting from the United Nations Convention on the Law of the Sea whereby the Secretary-General pays for meetings of States Parties and other bodies out of the general budget. Thus, should the Secretary-General host meetings, any expenses incurred, for example for Secretariat services, must be paid by the Court, not the United Nations.

scholarly journals Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Pierre Klein ◽  
Tiến Vinh Nguyễn
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
New Developments ◽  
Judicial Decisions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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