Oceans and the law of the sea
A/RES/74/19
180. Also encourages the adoption by States of laws and regulations addressing
the breaking or injury of submarine cables or pipelines beneath the high seas done
wilfully or through culpable negligence by a ship flying its flag or by a person sub ject
to its jurisdiction, in accordance with international law, as reflected in the Convention;
181. Affirms the importance of maintenance, including the repair, of submarine
cables, undertaken in conformity with international law, as reflected in the
Convention;
182. Reaffirms that flag, port and coastal States all bear responsibility for
ensuring the effective implementation and enforcement of international instruments
relating to maritime security and safety, in accordance with international law, in
particular the Convention, and that flag States have primary responsibility that
requires further strengthening, including through increased transparency of
ownership of vessels and the monitoring of organizations authorized to carry out
surveys and issue certificates on their behalf, taking into account the Code for
Recognized Organizations; 79
183. Urges flag States without an effective maritime administration and
appropriate legal frameworks to establish or enhance the necessary infrastructure,
legislative and enforcement capabilities to ensure effective compliance with and
implementation and enforcement of their responsibilities under international law, in
particular the Convention, and, until such action is taken, to consider declining the
granting of the right to fly their flag to new vessels, suspending their registry or not
opening a registry, and calls upon flag and port States to take all measures consistent
with international law necessary to prevent the operation of substandard vessels;
184. Notes the ongoing work of the International Maritime Organization on
measures to prevent the fraudulent registration and fraudulent registries of ships;
185. Recognizes that international shipping rules and standards adopted by the
International Maritime Organization in respect of maritime safety, efficiency of
navigation and the prevention and control of marine pollution, complemented by best
practices of the shipping industry, have led to a significant reduction in maritime
accidents and pollution incidents;
186. Notes that audits of Member States under the International Maritime
Organization Member State Audit Scheme became mandatory in January 2016 under
nine mandatory International Maritime Organization instruments and are being
carried out in accordance with the Framework and the Procedures for the International
Maritime Organization Member State Audit Scheme and using the International
Maritime Organization Instruments Implementation Code (III Code) as the audit
standard; 80
187. Encourages States and competent international organizations and bodies
to support the effective implementation of the requirements of the International Code
for Ships Operating in Polar Waters (Polar Code), adopted by the International
Maritime Organization under the International Convention for the Safety of Life at
Sea and the International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto, as amended, 81 including
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81
19-21313
International Maritime Organization, resolutions MSC.349(92) and MEPC.237(65).
See International Maritime Organization, Assembly resolutions A.1018(26), A.1067(28),
A.1068(28) and A.1070(28).
International Maritime Organization, document MEPC 62/24/Ad d.1, annex 19, resolution
MEPC.203(62).
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