Ban calls for universal commitment to ‘constitution of the oceans’

December 11, 2012: UN Secretary-General Ban Ki-moon on Monday marked the 30th anniversary of the launch of the United Nations Convention on the Law of the Sea (UNCLOS) by calling for a collective global effort to have all nations commit to the treaty, which is often called the “constitution for the oceans.”

“I am encouraged that support for the Convention has grown steadily through the years,” Mr. Ban said in an address before the 193-nation UN General Assembly. “Like a constitution, it is a firm foundation – a permanent document providing order, stability, predictability and security – all based on the rule of law.”

UNCLOS governs all aspects of ocean space, including the delimitation of maritime boundaries, environmental regulations, scientific research, commerce and the settlement of international disputes involving marine issues.

In his speech, the UN chief said the treaty was nearing the “goal of universality” that the Assembly set out, as he noted that 163 States and the European Union were Parties to the landmark measure, which the Assembly endorsed and opened for signature in 1982.

“Let us work to bring all nations under the jurisdiction, protection and guidance of this essential treaty,” Ban urged.

While it entered into force in 1994, UNCLOS is reflective of other international treaties in that it creates rights only for those who accept its obligations by becoming Parties. Exceptions are the provisions that apply to all States because they either confirm existing customary norms, or are becoming customary law.

Addressing the same meeting, Assembly Vice-President Ambassador Rodney Charles said UNCLOS had become a critical element of the international legal framework.

“The absence of a global legal framework led to the threat of maritime conflict as well as an often chaotic and unregulated exploitation of maritime resources,” Charles said. “Member States realized a universal law of the sea was urgently needed.”

Both Ban and Charles highlighted the expected central role UNCLOS will play as world governments and institutions set a global development agenda focused on sustainable resource use.