Agreement 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

Party

Federated States of Micronesia modified

• Ratification: 03-06-2024 (R)
• Reservations / Declarations: Yes

• added reservation
  03-06-2024
  The Government of the Federated States of Micronesia declares that its ratification of the Agreement shall in no way constitute a renunciation of any of its rights and entitlements under international law, particularly as reflected in the United Nations Convention on the Law of the Sea (“Convention”). In this connection, recognizing that areas beyond national jurisdiction are the scope of application of the Agreement and acknowledging that the Agreement defines areas beyond national jurisdiction to comprise the high seas and the Area, the Government of the Federated States of Micronesia affirms that the Convention imposes no affirmative obligation to keep baselines and outer limits of maritime zones under review nor to update charts or lists of geographical coordinates once deposited with the Secretary-General of the United Nations; and proclaims that the maritime zones of the Federated States of Micronesia, as established and notified to the Secretary-General of the United Nations in accordance with the Convention, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise. The identification of areas beyond national jurisdiction for the purposes of interpreting and implementing the Agreement must therefore be fully in accordance with the declarations made above by the Government of the Federated States of Micronesia.

Mauritius modified

• Ratification: 30-05-2024 (R)

Party

Chile modified

• Reservations / Declarations: Yes

• added reservation
  20-02-2024
  The Republic of Chile declares that the provisions of the Agreement 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 shall be applied and interpreted in accordance with the provisions of the United Nations Convention on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the Agreement is without prejudice to the sovereign rights, jurisdiction and powers of coastal States under the Convention. For the purposes of the relationship between the Agreement and the Convention and other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, the Republic of Chile declares that the Agreement shall in no case undermine those legal instruments and frameworks, or said bodies, and that it shall pursue coherence and coordination with those instruments, legal frameworks and bodies, on the basis of a collaborative and non-prescriptive approach. The Republic of Chile therefore considers that an interpretation and application that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, neither the establishment of general principles and approaches nor the strengthening and promotion of international cooperation, as provided for in articles 5, 6, 7 and 8 of the Agreement, is essential to guiding the relationship between the Agreement and those instruments, legal frameworks and bodies. Chile declares that the Agreement shall in no way undermine the legal regimes to which Chile is a party, such as, among others, the Antarctic Treaty and its related instruments in force (the Convention on the Conservation of Antarctic Marine Living Resources, the Convention for the Conservation of Antarctic Seals, and the Protocol on Environmental Protection to the Antarctic Treaty and its annexes), the South Pacific Regional Fisheries Management Organisation, the International Seabed Authority and the International Maritime Organization. Pursuant to article 70 of the Agreement, no reservations or exceptions may be made to this Agreement. Therefore, declarations made by the parties in accordance with article 71 must not exclude or modify the legal effect of the provisions of the Agreement in respect of the party making such a declaration. The Republic of Chile declares that it shall not take into account or be bound in any way by declarations made regarding the Agreement by non-parties, or by declarations made by parties to the Agreement invoking article 70 which exclude or modify the effect of the provisions of the Agreement. The Republic of Chile also reserves the right to adopt a formal position, at any time, on any declaration that may be made, or that has been made, by a non-party or by a party in relation to matters governed by the Agreement. Not adopting a position or not responding to a declaration by such States shall not be interpreted or invoked as tacit consent or approval of that declaration. For the purposes of the Agreement, the Republic of Chile reaffirms the declaration it made upon ratification of the United Nations Convention on the Law of the Sea of 1982 with regard to part XV of the Convention, on the settlement of disputes. The Republic of Chile reiterates that: (a) In accordance with article 287 of the aforementioned 1982 Convention, it accepts, in order of preference, the following means for the settlement of disputes concerning the interpretation or application of the Agreement: (i) The International Tribunal for the Law of the Sea established in accordance with annex VI of the Convention; (ii) A special arbitral tribunal, established in accordance with annex VIII of the Convention, for the categories of disputes specified therein relating to fisheries, protection and preservation of the marine environment, and marine scientific research and navigation, including pollution from vessels and by dumping; (b) In accordance with articles 280 to 282 of the Convention, the choice of means for the settlement of disputes indicated in the preceding paragraph shall in no way affect the obligations deriving from the general, regional or bilateral agreements to which the Republic of Chile is a party concerning the peaceful settlement of disputes or containing provisions for the settlement of disputes; (c) In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2, with respect to the disputes referred to in article 298, paragraphs 1 (a), (b) and (c), of the Convention.

Party

Chile modified

• Ratification: 20-02-2024 (R)

Party

Monaco modified

• Ratification: 09-05-2024 (R)

Party

Nigeria added

• Signature: 03-05-2024
• Reservations / Declarations: No
• Objections: No

Party

Seychelles modified

• Ratification: 13-04-2024 (R)

Party

Bahamas added

• Signature: 12-04-2024
• Reservations / Declarations: No
• Objections: No

Party

Belize modified

• Ratification: 08-04-2024 (R)

Party

Canada added

• Signature: 04-03-2024
• Reservations / Declarations: No
• Objections: No

Party

Zambia added

• Signature: 13-02-2024
• Reservations / Declarations: No
• Objections: No