Open-ended informal consultative process on oceans and the law of the sea
01 Jun 2007
and the international community
The importance of the oceans and seas to
mankind and the interrelatedness of all aspects of oceans and seas have
led to significant cooperative and coordinated endeavours on the part of
the international community. A comprehensive "constitution for the oceans"
dealing with all aspects of man’s interaction with the oceans and seas is
in place - the United Nations Convention on the Law of the Sea (UNCLOS)
sets out the legal framework within which all activities in the oceans and
seas must be carried out.
Chapter 17 of Agenda 21, adopted in 1992 at the United Nations
Conference on Environment and Development, remains the fundamental
programme of action for achieving sustainable development in respect of
oceans and seas. A large number of activities at the global,
interregional, regional, subregional and national levels are being
fostered and implemented by international organizations and national
bodies, promoting, for example, safety of navigation, sustainable
development of marine resources, conservation and sustainable use of
marine and coastal biodiversity, protection and preservation of the marine
environment, and better scientific understanding of the oceans and seas,
their resources and their interactions with the earth's ecosystem.
of the General Assembly of the United Nations
The General Assembly of the United Nations
has been providing stewardship of the world’s oceans and seas since the
establishment of the Organization. It was the General Assembly that
convened the Third United Nations Conference on the Law of the Sea which
adopted UNCLOS. It was also the General Assembly that convened the United
Nations Conference on Environment and Development (UNCED) which adopted
Agenda 21. The General Assembly is in a unique position to give effect to
the fundamental principle laid down in UNCLOS that "the problems of ocean
space are closely interrelated and need to be considered as a whole." In
this context, convinced of the importance of the annual consideration and
review of ocean affairs and the law of the sea by the General Assembly, as
the global institution having the competence to undertake such a review
(resolution 49/28), the General Assembly has been carrying out such annual
reviews since 1983, following the adoption of UNCLOS in 1982, based on
annual comprehensive reports prepared by the Secretary-General.
The strategic importance of UNCLOS as a
framework for national, regional and global action in the marine sector,
bolstered by the action orientation of Agenda 21, has spurred a wide
variety and range of international endeavours. In 1999, it was felt that
the debate in the General Assembly on "oceans and the law of the sea"
needed to be widened and deepened and that enhanced coordination was
needed to deal with ocean issues.
In this connection, it should be noted that
Commission on Sustainable Development (CSD) devoted its seventh
session in April 1999 to the review of the progress achieved in the
Chapter 17 and other relevant chapters of Agenda 21, under the
sectoral theme of "oceans and seas."
of the Consultative Process
Following the recommendation of the
Commission on Sustainable Development, and consistent with the legal
framework provided by UNCLOS and the goals of chapter 17 of Agenda 21, the
General Assembly decided on 24 November
1999 to establish an open-ended informal consultative process in order to
facilitate the annual review by the General Assembly, in an effective and
constructive manner, of developments in ocean affairs and the law of the
sea by considering the Secretary-General’s annual report on oceans and the
law of the sea and by suggesting particular issues to be considered by it
The United Nations Open-ended Informal
Consultative Process on Oceans and the Law of the Sea (the Consultative
Process) was initially established for a three-year period. At its
fifty-seventh session, in accordance with paragraph 4 of its resolution
54/33 of 24 November 1999, the General Assembly considered whether the
Consultative Process should be continued. After reviewing the work of the
Process over the previous three years and noting its contribution to
strengthening its annual debate on oceans and the law of the sea, the
Assembly decided to continue the Consultative Process for an additional
three-year period by resolution 57/141 of 12 December 2002.
In accordance with its resolution 57/141,
the General Assembly, at its sixtieth session, reviewed again the
effectiveness and utility of the Consultative Process. In its resolution
60/30 of 29 November 2005, the General Assembly decided to extend it for a
further three-year period.
of the Consultative Process
The Consultative Process is intended to
facilitate the annual review by the General Assembly of developments in
ocean affairs and the law of the sea by considering the
Secretary-General’s report on oceans and the law of the sea and by
suggesting particular issues to be considered by the General Assembly,
with an emphasis on identifying areas where coordination and cooperation
at the intergovernmental and inter-agency levels should be enhanced.
The meetings deliberate on the
Secretary-General’s report on oceans and the law of the sea, with due
account given to any particular resolution or decision of the General
Assembly, any relevant special reports of the Secretary-General and any
relevant recommendations of the Commission on Sustainable Development. The
topics for the focus of discussions at the meetings are decided by the
General Assembly in its annual resolution on “Oceans and the law of the
sea”. The topics are discussed in depth in a discussion panel during the
Consultative Process, as described below.
The co-chairpersons prepare a summary of
discussions of issues and ideas raised during the plenary sessions and the
discussions panel. The meetings may propose elements for the consideration
of the General Assembly, including, as appropriate, in relation to General
Assembly resolutions under the agenda item, “Oceans and the law of the
For information on previous meetings of the
Consultative Process, including the Co-Chairpersons and the topics for the
focus of discussions, please follow the
to ICP meeting chart.
Meetings of the Consultative Process are
coordinated by two co-chairpersons, who are appointed by the President of
the General Assembly in consultation with Member States, taking into
account the need for representation from developed and developing
For information on the Co-Chairpersons of
the Consultative Process, please follow the link
to ICP meeting chart.
In consultations with delegations, the
co-chairpersons elaborate a format for the discussions that best
facilitates the work of the Consultative Process, in accordance with the
rules of procedure and practices of the General Assembly. The topics
selected by the General Assembly for focused discussions are considered in
a discussion panel during the Consultative Process. The areas of
concentration for the discussion panel and the organization of panel
segments are proposed by the co-chairpersons based on consultations with
delegations and discussions at an informal preparatory meeting. The
co-chairpersons invite panellists to launch the discussions at the meeting
by making short presentations on relevant questions.
For information on topics for the focus of
discussions in previous meetings, please follow the
to ICP meeting chart.
In resolution 54/33, the General Assembly
decided that the meetings of the Consultative Process should have as broad
and inclusive participation as possible: they are open to all States
Members of the United Nations, States members of the specialized agencies,
all parties to UNCLOS, entities that have received a standing invitation
to participate as observers in the work of the General Assembly pursuant
to its relevant resolutions, and intergovernmental organizations with
competence in ocean affairs. The meetings also provide an opportunity to
receive input from representatives of the major groups as identified in
Non-governmental organizations wishing to
attend the meetings of the Consultative Process must have consultative
status with either the Economic and Social Council or be accredited to the
roster of the Commission on Sustainable Development.
A voluntary trust fund was established
under General Assembly resolution 55/7 to assist the representatives of
developing States, in particular least developed States small island
developing States and landlocked developing States, to attend the meetings
of the Consultative Process. The trust fund covers the travel costs of an
economy round trip ticket.
In resolution 61/222 of 20 December 2006,
the General Assembly expressed its concern regarding the insufficient
resources available in the voluntary trust fund and urged States to make
Ground Passes (Intergovernmental and Non-governmental Organizations)
The names and contact details of
representatives of intergovernmental and non-governmental organizations
invited to attend the meetings of the Consultative Process are to be
communicated to DOALOS for issuance of grounds passes in order to have
access to United Nations premises in New York. A special form may be
downloaded by intergovernmental organizations by following the link
to the Protocol and Liaison Service site.
Representatives of intergovernmental
organization must pick-up their UN grounds passes directly from the UN
Pass Office at 801 United Nations Plaza (45th Street and First Avenue)
prior to attending the Consultative Process meeting. An official document
identifying the representative should be presented at the time.
Intergovernmental organization having a liaison office in New York should
endeavour to obtain their UN grounds pass from that office to attend the
Consultative Process meeting.
The Division for Ocean
Affairs and the Law of the Sea (DOALOS), Office of Legal
Affairs, carries out the secretariat functions at the meetings of the
Consultative Process, in cooperation with other relevant parts of the
Secretariat, including the Division for Sustainable Development of the
Department of Economic and Social Affairs, as appropriate.