CYIL vol. 15 (2024)

JAN ONDŘEJ In addition to the Authority, two other permanent organs were created on the basis of the Convention, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf, the Convention’s organ is also the Consultative Meetings of the Contracting Parties. Three agreements were also adopted to implement and further develop the Convention. The Agreement relating to the Implementation of Part XI of the 1994 Convention actually changed its relevant provisions. The prerequisites were thus created for the majority of developed countries to become contracting parties to the Convention. The 1995 Migratory Fish Agreement (UNFSA) did not change the Convention on the Law of the Sea but developed 46 its provisions on the conservation and management of highly migratory species of shoal of fish. In June 2023, the third implementing 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 (BBNJ) 47 was adopted. The Agreement applies to the high seas and the Area (Article 1). Its general objective is the conservation and sustainable use of marine biological diversity in areas outside national jurisdiction (Article 2). The Agreement shall be interpreted in a context and in a manner consistent with the Convention on the Law of the Sea. Given that nothing in the Agreement will be an obstacle to the rights, jurisdiction, and obligations of states under the Convention (Article 5). In this context, it will be important to ensure compliance under this Agreement with the activities of states and other contractors on the seabed beyond the borders of national jurisdiction carried out under Part XI of the Convention. In particular, not to interfere with activities in the Area, but also vice versa. According to Article 147(1) of the Convention, activities in the Area are carried out with reasonable regard for other activities in the marine environment, and conversely, according to Article 147(3) other activities in the marine environment are carried out with reasonable regard for activities in the Area. However, from the point of view of the implementation of the Convention and its response to international developments, it can be stated that the legal regulation of the Convention gives priority to stability over adaptability. 48 The problem may lie in the fact that some issues are not dealt with at all by the Convention. These include, for example, new technologies, such as autonomous maritime vessels, which were developed after the conclusion of the Convention and will need to be legally stipulated in the future. However, formal changes to the Convention will be difficult to achieve . The proposal for amendments to the Convention, regulated in Article 312 of the Convention, is quite difficult to implement in practice. However, Article 313 of the Convention contains provisions on amendments adopted in a simplified manner. According to Article 313(1): [A] State Party may, by written communication addressed to the Secretary-General of the United Nations, propose an amendment to this Convention, other than an amendment relating to activities in the Area, to be adopted by the simplified procedure set forth in 46 CHURCHILL, R., LOWE, V., SANDER, A. The Law of the Sea . Fourth edition .Manchester: Manchester University Press, 2022, p. 41. 47 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 NationalJurisdiction, New York, 19 June 2023 in: https://treaties.un.org/ Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-10&chapter=21&clang=_en (accessed on 20. 5. 2024). 48 TREVES, T. United Nations Convention on the Law of the Sea . United Nations, 2008. https://legal.un.org/avl/ pdf/ha/uncls/uncls_e.pdf. www.un.org/law/avl, p. 5 (accessed on 4. 2024).

18