On 10 December 2022, we mark the 40^th Anniversary of the United Nations Convention on the Law of the Sea (UNCLOS), concluded at Montego Bay, Jamaica in 1982.

40 years ago, States from all parts of the world, coastal States, flag States, land-locked States agreed on what it is rightly called ‘the Constitution for the Oceans’. This was a diplomatic success for the multilateral rule-based order. Despite the different points of departure the international community united around the common objective of establishing a legal order for the seas and oceans, which promotes the peaceful uses of the seas and oceans.  

This objective continues to be as relevant today as it was back then. The ocean and seas are amongst the world’s foremost geopolitical arenas. The recent increase in tensions in the Eastern Mediterranean and in South and East China Seas and in the Taiwan Strait have proven this once again. In this regard, the full implementation of the EU Strategic Compass and the EU Strategy for the Cooperation in the Indo Pacific is essential, together with ongoing EU work on maritime security.

Russia’s military aggression against Ukraine is also affecting and has aggravated regional and global stability and insecurity. The European Union and its Member States call for respecting the freedom of navigation and overflight, as well as the rights of innocent passage and transit passage, for the peaceful settlement of disputes, in accordance with international law, and is strongly opposing any unilateral action that could undermine global and regional stability and the international rules-based order. The European Union and its Member States remain committed to the respect of the legal order established by UNCLOS given its centrality and universality and to the respect of its integrity. We urge all States to abide by the fundamental principles and rules of the law of the sea.

The accelerating decline of the ocean, climate change, sea level rise, the harmful impact of human activities, all continue to degrade the ocean and bring us close to a tipping point. As an evolving instrument, UNCLOS should be fit for the emerging challenges. The ongoing negotiations on an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Treaty) provide a historic opportunity for the humankind and the planet.

For this the European Union and its Member States remain committed to conclude, as soon as possible, an ambitious, universal, effective, inclusive, fair, balanced BBNJ Agreement apt to tackle present and future challenges. We call on all States to consider joining the High Ambition Coalition on BBNJ, launched by the EU.

Achieving such results will consolidate the multilateral rules-based system while proving the determination of the international community to protect marine biodiversity and to strengthen international ocean governance.

Background

UNCLOS sets out the legal framework within which all activities in oceans and seas must be carried out. To this day, UNCLOS is one of the most widely ratified treaties, with 168 signatories, including the European Union.

The United Nations General Assembly has recognised the pre-eminent contribution of UNCLOS to the strengthening of peace, security, cooperation and friendly relations among all nations. The Convention has contributed to the promotion of the economic and social advancement of all peoples of the world, as well as to the sustainable development of the oceans and seas.

Only the effective implementation of UNCLOS, as well as international cooperation at regional, sub-regional and bilateral levels can guarantee the global maritime security, safety and the sustainability of our ocean and seas. The EU will remain a driving force behind a truly inclusive multilateralism and will provide global leadership, in view of a safer, more stable, sustainable and prosperous world for all.