07 agosto 2021

The silent, yet indispensable work of the Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs

By Julia Cirne Lima Weston.

Bachelor of Law at the Pontifical Catholic University of Rio Grande do Sul, LL.M in International Law at University College London and intern at the United Nations Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs.

The views expressed herein are those of the author and do not necessarily reflect the views of the United Nations.

Although the work of the Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs (hereby the DOALOS, or the Division) is not the subject of many academic articles, it carries great importance. Today’s article tries to present the Division’s important work in managing the Law of the Sea to remind readers of this importance.

The DOALOS is one of the organizational units of the Office of Legal Affairs (OLA) of the United Nations, is at United Nations Headquarters, in New York. The United Nations Office of Legal Affairs is headed by the Under-Secretary-General for Legal Affairs and Legal Counsel of the United Nations, Mr. Miguel de Serpa Soares. The OLA’s functions are (a) providing a unified central legal service for the Secretariat and other United Nations organs; (b) contributing to the progressive development and codification of international and trade law, (c) promoting the implementation of the international legal order for the seas and oceans, and (d) registering and publishing treaties and performing depositary functions of the Secretary-General.[1] It is rather clear to see that the DOALOS’ work concerns (c).

The Division has many mandates and we now move on to analyzing them. Among them, to promote a better understanding of the United Nations Convention on the Law of the Sea (hereby UNCLOS) and its implementing agreements, as well as assist with their application and implementation.[2] This is done through providing information, advice and assistance to State and intergovernmental organizations regarding them.[3]

The DOALOS also discharges the depositary responsibilities of the Secretary-General under the UNCLOS, other than treaty depositary functions.[4] The DOALOS is responsible for maintaining and improving the geographical information system for the deposit of charts and geographical coordinates by States. [5] Under UNCLOS, coastal States have certain obligations to deposit charts and/or lists of geographical coordinates of points concerning straight baselines, and outer limit lines of the territorial sea, contiguous zone, exclusive economic zone, and lines of delimitation thereof with the Secretary-General of the United Nations. [6] There is also a duty of coastal States to give due publicity to the charts/lists of geographical coordinates of points.[7]

One of the Division’s important mandates is servicing meetings. One is the Meeting of States Parties, which concerns the UNCLOS.[8] The DOALOS also services the review conference of the United Nations Fish Stocks Agreement, as well as any other meetings of consultations related to it.[9] Servicing is also provided to the Commission on the Limits of the Continental Shelf (CLCS) and its subcommissions.[10]

Servicing also applies to the General Assembly (UNGA) and its subsidiary bodies and intergovernmental conferences, or other processes relating to the oceans which may be established regarding the Law of the Sea. Examples of that are the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea and the Regular Process for Global Reporting and Assessment of the State of the Marine Environment.[11] This includes monitoring and review of current developments in law of the sea and ocean affairs and reporting to the UNGA through annual reports (“Oceans and the Law of the Sea”), or any other specific topics related to the scope of its activities.[12] In a more current example, the DOALOS also services the meetings of the preparatory committee for the development of an international legally binding instrument 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.[13]

Besides servicing capacities, the DOALOS also provides advice and support to the United Nations system’s organizations to ensure consistency of instruments and programs in their respective areas of competence within the Convention and implementing agreements.[14] It also implements provisions of the relationship agreements between the United Nations and the International Seabed Authority and the International Tribunal for the Law of the Sea, respectively, and maintains liaisons with these bodies which were established under the UNCLOS.[15] The Division also supports the United Nations Legal Counsel regarding the issues which are the focus of the Division related to UN-Oceans and the inter-agency coordination mechanism on oceans and coastal issues.

One of the DOALOS’ important works is providing support for the implementation of ocean-related Sustainable Development Goals in the 2030 agenda.[16] It also provides capacity building and other assistance to developing States, especially to the least developed, landlocked, small island developing States and African States within the field of its competence.[17] This means by providing opportunities such as training, fellowships and technical assistance, as well as financial support through voluntary trust funds.[18] Training and other activities in the assistance of developing States in preparing their submissions to the CLCS is also under the scope of the DOALOS.[19]

In terms of gathering of information, the DOALOS also conducts research and prepares publications on the provisions of the UNCLOS, as well as on diverse issues related to the Law of the Sea and ocean affairs.[20] An example of this is the Law of the Sea Bulletin, and the Maritime Space Database available on the Division’s website,[21] which many Law of the Sea researchers use in their research.[22] In this sense, the Division also maintains an information system, as well as a website and a research library containing materials related to its competence.[23] While browsing through the DOALOS’ website, one can find information related to the meetings it services, as well as to the CLCS, States’ national legislation on the Law of the Sea, among others.

As one may have seen from this article, the DOALOS’ mandates are wide-ranging. For instance, thanks to its management of due publicity obligations, researchers can find coordinates and national legislation from many States within its website. Its servicing of important meetings within the Law of the Sea helps maintain the important discussions and development of the field. Its assistance to member States and other United Nations organs is also an important part in the development and further awareness of the practical application of its core areas of competence. These are only a few among the many other competences we have seen above.

This article sought to raise awareness, especially in academic circles, of the important role played by DOALOS in the functioning of the Law of the Sea system implemented under the UNCLOS.

Cover Image: Thomas Horig / Ocean Image Bank

[1] OFFICE OF LEGAL AFFAIRS. Mission. Available at: <https://legal.un.org/ola/mission.aspx>.

[2] DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA. The Division for Ocean Affairs and the Law of the Sea, its functions and activities. Available at: <https://www.un.org/depts/los/doalos_activities/about_doalos.htm>.

[3] ibid.

[4] ibid.

[5] ibid.

[6] UNITED NATIONS. United Nations Convention on the Law of the Sea of 1982. Arts. 16, 47, 75, 76, 84. Available at: < https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf>.

[7] ibid.

[8] DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA. The Division for Ocean Affairs and the Law of the Sea, its functions and activities. Available at: <https://www.un.org/depts/los/doalos_activities/about_doalos.htm>.

[9] ibid.

[10] ibid.

[11] ibid.

[12] Ibid.

[13] DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA. Preparatory Committee established by General Assembly resolution 69/292: Development of an international legally binding instrument 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. Available at: < https://www.un.org/depts/los/biodiversity/prepcom.htm>.

[14] DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA. The Division for Ocean Affairs and the Law of the Sea, its functions and activities. Available at: <https://www.un.org/depts/los/doalos_activities/about_doalos.htm>.

[15] ibid.

[16] ibid.

[17] ibid.

[18] ibid.

[19] Ibid.

[20] ibid.

[21] DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA. Maritime Space: Maritime Zones and Maritime Delimitation. Available at: <https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/index.htm>.

[22] ibid.

[23] ibid.