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Marine Policy
Volumn 3, Issue 2, 1979, Pages 106-132
Competent international organizations and the law of the sea
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Indexed keywords

EID: 49249148329     PISSN: 0308597X     EISSN: None     Source Type: Journal    
DOI: 10.1016/0308-597X(79)90004-6     Document Type: Article
Times cited : (17)
References (57)
  • 1
    • 36849155037 scopus 로고
    • Implications of the Third United Nations Conference on the Law of the Sea for marine scientific research
    • See
    • (1977) Nature , pp. 4-6
    • Scott1
  • 3
    • 84912314222 scopus 로고
    • Both FAO's Committee on Fisheries and the Intergovernmental Oceanographic Commission of UNESCO have undertaken such reviews of their programmes and activities: See, IOC 10th Assembly, October 1977, Res X-25.
    • (1977) Report of COFI on its 11th Session, FAO Doc CL 71/7 , pp. 13-16
  • 4
    • 84912314221 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol V, Fourth Session, Plenary, 70th Meeting, p 72.
  • 6
    • 84912314219 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, 3rd Committee, 28th Meeting, p 86.
  • 7
    • 84912314218 scopus 로고    scopus 로고
    • Rev 1, 24 August 1976.
  • 9
    • 84912314216 scopus 로고    scopus 로고
    • Proposed Article 1.
  • 10
    • 84912314215 scopus 로고    scopus 로고
    • Proposed Article 2.
  • 11
    • 84912314214 scopus 로고
    • At the second session of the Conference at Caracas, the Secretary-General of the UN had referred to the need for some institutional means for identifying problems arising out of the implementation of a new Iaw of the sea treaty and had said: ‘A periodic assembly of the parties to the Convention, for the review of common problems and for the development of ways to meet any difficulties produced by new uses of the seas, would be one possibility worth considering’ (Third United Nations Conference on the Law of the Sea, Official Records, Vol 1, Second Session, Plenary, 14th Meeting, para 42). In subsequent debates, support for this idea was received from Sri Lanka (Third United Nations Conference on the Law of the Sea, Official Records, Vol V, Fourth Session Plenary, 59th Meeting, p 17). Portugal (Third United Nations Conference on the Law of the Sea, Official Records, Vol V, Fourth Session Plenary,60th Meeting, p 25).
    • (1978) A/CONF 62/L 23
  • 12
    • 84912314213 scopus 로고    scopus 로고
    • Rev 2, March 1978.
  • 13
    • 84912314212 scopus 로고
    • The sponsors were Bulgaria, Cape Verde, Chile, Egypt, France, Indonesia, Iran, Kenya, Liberia, Mexico, Morocco, Nepal, the Netherlands, Poland, Portugal, Senegal, Spain and Uruguay.
    • (1978) A/CONF 62/L 30
  • 14
    • 84912314211 scopus 로고    scopus 로고
    • For example, the substantial increase in offshore drilling within the 200-mile zones of states has created a concern for the impact of these activities on the marine environment, and already the United Nations Environment Programme has taken measures to develop the law regarding environmental damage as a result of offshore exploration and exploitation. The Working Group of Experts on Environmental Law was set up as a result of Decision 91 (V), 25 May 1977, of the Governing Council of UNEP. For the report of the Working Group's Second Session, see UNEP/WG 14/4, 12 April 1978.
  • 15
    • 84912314210 scopus 로고
    • In a resolution expressing concern over disasters such as the, inviting the General Assembly to urge competent international institutions and organizations such as the Third Law of the Sea Conference, the Intergovernmental Maritime Consultative Organization, and the United Nations Conference on Trade and Development, to expedite and intensify their activities relating to the prevention of pollution and the determination of responsibilities in this matter'. Thus, the identification of organizations to fulfil tasks currently envisaged in the negotiating texts is not necessarily dependent on the successful completion of UNCLOS., UNEP has also endeavoured to promote an increase in the activities of international organizations in the field of marine pollution and a clarification of their roles.
    • (1978) Amoco Cadiz
  • 16
    • 84912314209 scopus 로고
    • The negotiating text upon which this discussion is based is the Informal Composite Negotiating Text (ICNT) prepared at the end of the Sixth Session of the Conference in July 1977
    • (1977) A/CONF 62/WP 10
  • 17
    • 84912314208 scopus 로고    scopus 로고
    • For example, the substantial increase in offshore drilling within the 200-mile zones of states has created a concern for the impact of these activities on the marine environment, and already the United Nations Environment Programme has taken measures to develop the law regarding environmental damage as a result of offshore exploration and exploitation. The Working Group of Experts on Environmental Law was set up as a result of Decision 91 (V), 25 May 1977, of the Governing Council of UNEP. For the report of the Working Group's Second Session, see UNEP/WG 14/4, 12 April 1978.
  • 18
    • 84912314207 scopus 로고    scopus 로고
    • ICNT, Annex VII, Article 2.
  • 19
    • 84912314206 scopus 로고    scopus 로고
    • See letter dated 10 September 1976 from the President of the Council of Ministers of the EEC to the Chairman of the Law of the Sea Conference regarding the signature by the EEC of any final convention, A/CONF 62/48.
  • 20
    • 84912314205 scopus 로고    scopus 로고
    • The point has not, however, gone unnoticed. For example, at the 96th Plenary Meeting of the Seventh Session of the Conference on 5 May 1978, the delegate of Portugal noted that ‘in view of the increasingly important role of international organizations, the possibility of their participation in the convention in accordance with highly selective criteria deserved thorough study’. A/CONF 62/SR 96, p 3.
  • 22
    • 84912314204 scopus 로고    scopus 로고
    • Indeed, when the proposal for referring sea lanes and traffic separation schemes to an international organization was made by the UK at the Second Session of UNCLOS.IMCO was mentioned as the organization that should approve such schemes (Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Second Committee, 11th Meeting, p 125). If IMCO is to be the ‘competent international organization’ under Article 41(4), then the consequential reference in Article 41(5) to a ‘competent international organization’ must also be treated as a reference to IMCO.
  • 23
    • 84912314203 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 3rd Meeting, p 312.
  • 24
    • 84912314202 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 5th Meeting, p 325.
  • 25
    • 84912314201 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 10th Meeting, p 356.
  • 26
    • 84912314200 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 14th Meeting, p 370.
  • 27
    • 84912314199 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 14th Meeting, p 371.
  • 28
    • 84912314198 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 14th Meeting, p 371.
  • 29
    • 0017747252 scopus 로고
    • The Mediterranean Action Plan
    • See
    • (1977) Ambio , vol.6 , pp. 308
    • Thacher1
  • 30
    • 84912314197 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol V, Fourth Session, Third Committee, 27th Meeting, p 104 (Italy).
  • 31
    • 84912314196 scopus 로고    scopus 로고
    • See, for example, the work of UNEP's Working Group of Experts on Environmental Law, The Working Group of Experts on Environmental Law was set up as a result of Decision 91 (V), 25 May 1 977, of the Governing Council of UNEP.
  • 32
    • 84912314195 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 4th Meeting, p 316., See also Italian delegation Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 4th Meeting, p 325. Cuban delegation Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 6th Meeting, p 332. Indian delegation Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 6th Meeting, p 334.
  • 33
    • 84912314194 scopus 로고    scopus 로고
    • The amendments to its constitution adopted by IMCO at the 10th Assembly make clear that IMCO's functions in this area relate to ‘shipping and its effects upon the marine environment’, see Resolution A 400(X). adopted 17 November 1977.
  • 34
    • 84912314193 scopus 로고    scopus 로고
    • Indian delegation Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 5th Meeting, p 325.
  • 35
    • 84912314192 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 32nd Meeting, p 108 (Tanzania)., Kenya: Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 32nd Meeting, p 109 (see also 33rd Meeting, p 115). Somalia: Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 32nd Meeting, p 110. Pakistan:Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 33rd Meeting, p 114. At the resumed Seventh Session of the Conference, the Tanzanian delegation proposed that all references to the ‘competent international organization’ be changed to the plural: C3/Rep 1, 13 September 1978,p 6.
  • 36
    • 84912314191 scopus 로고    scopus 로고
    • In fact, there can be little room to doubt that the references in Articles 211(4) and 212(1) to the establishment through international organizations of rules and standards for the prevention and control of dumping and vessel-source pollution are to be treated as references to IMCO. 4th Meeting, p 317.
  • 37
    • 84912314190 scopus 로고    scopus 로고
    • Kenya: Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 32nd Meeting, p 109
  • 38
    • 84912314189 scopus 로고    scopus 로고
    • Somalia: Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Fifth Session, Third Committee, 33rd Meeting, p 115.
  • 39
    • 84912314188 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 5th Meeting, p 326.
  • 40
    • 84912314187 scopus 로고    scopus 로고
    • This role was approved for UNEP by General Assembly Resolution 3326 (XXIX), 10 December 1976.
  • 41
    • 84912314186 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol II, Second Session, Third Committee, 17th Meeting, p 386.
  • 42
    • 84912314185 scopus 로고    scopus 로고
    • Third United Nations Conference on the Law of the Sea, Official Records, Vol IV, Third Session, Third Committee, 19th Meeting, p 88.
  • 43
    • 84912314184 scopus 로고    scopus 로고
    • For a report of a meeting of the ICSPRO officers concerned with TEMA, see Report of ICSPRO on its 15th Session, London, March 1977, ICSPRO — XU/3. 18 March 1977.
  • 44
    • 84953063053 scopus 로고
    • The theory and practice of international fishery development management
    • see, However, after initially creating regional commissions under that article, the practice of FAO has been to create organizations as subsidiary bodies under Article VI of the FAO constitution
    • (1970) San Diego Law Review , pp. 430-434
    • Chapman1
  • 45
    • 84912314182 scopus 로고    scopus 로고
    • Resolution X-19, Annex.
  • 49
    • 84912314179 scopus 로고    scopus 로고
    • See the speech of the UNEP delegate to Committee III of the Law of the Sea Conference Third United Nations Conference on the Law of the Sea, Official Records, Vol VI, Second Session, Third Committee, 14th Meeting, p 370.
  • 50
    • 84912314178 scopus 로고    scopus 로고
    • Article II, paras (f)-(h).
  • 51
    • 84912314177 scopus 로고    scopus 로고
    • Portugal (Third United Nations Conference on the Law of the Sea, Official Records, Vol V, Fourth Session Plenary,60th Meeting, p 25).
  • 55
    • 84912390989 scopus 로고
    • Towards regional arrangements for the regulation of marine pollution
    • For the suggestion that marine pollution should be dealt with on a regional basis, see
    • (1977) Ocean Development & International Law , vol.4 , pp. 1
    • Okidi1
  • 56
    • 84912314174 scopus 로고    scopus 로고
    • The General Assembly has already taken action in this area by convening a Conference on an International Code of Conduct on the Transfer of Technology; see Res 32/1 88, 19 December 1977.
  • 57
    • 84912314173 scopus 로고
    • for an ad hoc study group on international institutional arrangements in the oceans. However, the 18-nation proposal involves a body appointed by the Secretary-General of the UN reporting through him to the General Assembly. During this process, the views of the agencies would be ascertained., This stage is similar to that suggested in the 18-nation proposal, presented by Portugal to the Seventh Session of the Conference
    • (1978) A/CONF 62/L 30

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