The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office
of Legal Affairs (OLA) has been executing an ongoing programme of technical
assistance to States and intergovernmental organizations in the field of oceans
and the law of the sea since the adoption of the United Nations Convention on
the Law of the Sea in 1982. The programme focuses on the uniform and
consistent application of the Convention in many fields of interest and concern
for States and for intergovernmental organizations, as well as supporting
efforts which help States to implement the Convention effectively and derive
optimal benefits from the new ocean order. Technical assistance is provided, inter
alia, in the following forms:
Advisory services
Advisory services are provided to States on issues related to the
ratification of the Convention and related agreements, their uniform and
consistent application and effective implementation, including the impact of the
entry into force of the Convention in light of the rights and obligations of
States arising therefrom, and on the harmonization of national rules and
regulations with the provisions of the Convention. Advisory services to
intergovernmental organizations pertain to analysis of the relationships of the
existing and proposed instruments and programmes of these organizations on
matters relating to oceans and the law of the sea within their respective areas
of competence with the provisions of the Convention.
Training
The training activities of DOALOS under its TRAIN-SEA-COAST
programme in the field of coastal and ocean management are unique because
they are designed to strengthen the capabilities of national training
institutions and train national trainers. The institutions and the trainers then
form a worldwide network sharing training courses, personnel and material, thus
realizing a multiplier effect.
Other training activities of DOALOS include ad hoc briefings and
contributions to training programmes sponsored by national, intergovernmental,
and non-governmental organizations in the field of oceans and the law of the
sea. An important set of training activities being developed at this time within
the framework of a soon-to-be-established trust fund involve the application of
the provisions of article 76 of the Convention dealing with the delineation of
the continental shelf.
The Commission on the Limits of the
Continental Shelf (CLCS), an international expert body serviced by DOALOS,
also has plans for providing training to national officials who would prepare
the submission of their respective States to the Commission regarding the limits
of their continental shelf beyond 200 nautical miles.
Fellowship
Every year, one or two fellowships are provided by DOALOS under its Hamilton Shirley Amerasinghe Memorial Fellowship programme to
qualified persons specialized in the law of the sea and ocean affairs who wish
to broaden their knowledge and acquire additional skills, which in turn would
benefit their countries. Although the fellowship is limited in quantity, the
qualitative impact of the strengthened capabilities of the individual fellows
can be enormous in view of the fact that in many cases, the fellows are the sole
decision-makers in their respective countries in their field of responsibility.
TECHNICAL COOPERATION TRUST FUND AGREEMENT BETWEEN THE
UNITED NATIONS AND
THE NIPPON FOUNDATION OF JAPAN:
Human Resources Development and Advancement of the Legal Order of the World's
Oceans
On 22 April 2004,
the United Nations and The Nippon Foundation of Japan concluded a
trust fund project agreement to provide capacity-building and human resource development
to developing coastal States Parties and non-Parties to the UNCLOS through
academic and fellowship opportunities. The Project will be jointly executed by
DOALOS and DESA (Department of Economic and Social Affairs). DOALOS will serve
as the focal point in charge of all substantive elements of the Project. DESA,
in its capacity as implementing agency for the Project, will be responsible for
providing administrative and operational services to the Project on behalf of
DOALOS.
The main objective of the Project is to provide advanced
education and training in the field of ocean affairs and the law of the sea or
related disciplines to Government officials and other mid-level professionals
from developing coastal States so that they may obtain the necessary skills to
assist their countries to formulate comprehensive ocean policy and to implement
the legal regime set out in UNCLOS, as well as to build national capacities in
this regard. The fellows are to focus on acquiring knowledge of UNCLOS and
related international instruments adopted at the global or regional level,
especially their implementation and enforcement at the national level.
Studies and guidelines
DOALOS carries out studies on, inter alia, State practice in the law
of the sea and legislative history of particular Convention provisions. DOALOS
also produces guidelines in respect of practical application of many complex
provisions of the Convention. Of particular note are the guidelines on
maritime baselines, definition of the continental shelf, and marine scientific
research. These Law of the Sea Publications assist
States and intergovernmental organizations in the uniform and consistent
application of the relevant provisions of the Convention.
The Commission on the Limits of the Continental Shelf (CLCS) has prepared
scientific and technical guidelines (United Nations documents CLCS/11 and CLCS/11/Add.1)
and a basic flowchart for preparation of a submission by a coastal State to the
Commission (CLCS/22), which are intended to
be of assistance to States.
Reference collection and databases
DOALOS maintains an extensive reference collection dealing with ocean and law
of the sea matters and provides library services to end-users.
DOALOS also has extensive databases containing national legislation and
delimitation treaties, from almost all coastal countries of the world. Moreover,
DOALOS maintains a geographical information system database on charts and/or
lists of geographical coordinates and other related information deposited by
States Parties to the Convention with respect to the limits of their maritime
zones. These databases are used as tools for providing technical assistance to
States in adopting/adapting national legislation in harmony with the Convention
and delineating national maritime zones.
Web site
DOALOS's Oceans and Law of the Sea Web site (www.un.org/Depts/los) is one important form of technical
assistance. Through the Web site, expository reports and other items as
well as legal materials and documents relating to oceans and the law of the sea
can be accessed electronically via the Internet.