Background
The General Assembly met today to begin its consideration of oceans and the law of the sea.
The Assembly had before it the report of the Secretary-General on oceans and the law of the sea (document A/58/65 and Add.1), which contains information on the status of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and its implementing Agreements. It elaborates on developments regarding the protection of the marine environment and the safety of navigation, particularly in relation to the aftermath of the “Prestige” incident in 2002. It also addresses the establishment of a mechanism for inter-agency coordination and cooperation and identifies two main challenges for the future –- to ensure that States comply fully with obligations under the law of the sea, and that inter-agency cooperation is facilitated and enhanced.
Among other conclusions, the report states that it has become increasingly evident that the adoption of the Convention was but the first step towards resolving ocean-related issues. Since then, additional problems have arisen, such as overexploitation of fisheries and destructive fishing practices, degradation of the marine environment and the increase in ship-related accidents and crimes. To remedy this situation, all States should take steps, including to ratify or accede to the Convention and its implementing Agreements, as well as to the many other agreements giving substance and details to the basic principles of the Convention, to implement these agreements in their national laws and administrative structures and actively to apply and enforce those laws and regulations.
As the root of too many such problems was the unwillingness or lack of capacity of certain States, especially flag States, to fulfil their international obligations, it is essential to reinforce the control of flag States over their vessels. Additionally, cooperation and coordination among States, organizations and other actors will become more important as the international community grows more interdependent and as developments in ocean affairs continue to expand in both number and complexity. Thus, the mechanism –- envisaged for the enhancement and facilitation of cooperation and coordination –- should discharge two main functions: to review ongoing ocean-related work in each agency and to prepare coordinated responses to emerging challenges or urgent issues.
The addendum to the above report provides information on the status of the Convention, its implementing Agreements and declaration and statements made by States since the finalization of the report in March, and gives brief accounts of recent developments in the Commission on the Limits of the Continental Shelf, in the International Seabed Authority and on maritime claims. It also reviews developments relating to safety of navigation; crimes at sea; the conservation and management of living marine resources, including the outcome of the second informal consultations of States parties to the 1995 United Nations Fish Stocks Agreement; marine biodiversity and the protection and preservation of the marine environment. The sections on marine science and technology, settlement of disputes and capacity-building provide information on development since 2002, while up-to-date information is provided on recent developments in the field of international cooperation and coordination.
The report of the Secretary-General on a regular process for the global reporting and assessment of the state of the marine environment: proposals on modalities (document A/58/423) provides an overview of the main developments concerning the establishment of a regular process for the assessment of the marine environment. The report’s aim is twofold –- to provide States with a review of the available information and work done on the global marine assessment (GMA) and to facilitate discussions on the establishment of a regular process for the assessment of the state of the marine environment among all stakeholders. It contains information on both the origins of the proposal for the assessment and on other environmental assessments and reflects some of the discussions on the assessment at an inter-agency consultative meeting held at the headquarters of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Paris on 8-9 September 2003.
Among other conclusions, the report advocates building the assessment process upon existing assessments, which are varied in scope and diverse in their thematic mandates. In that regard, there are two possible means of integrating existing assessments: first, by providing material from existing assessments directly to the assessment’s global scientific panel in a comparable format, to be analysed and integrated by the panel into a single global assessment; or second, to establish special regional assessment systems to develop integrated regional assessments, according to an agreed methodology, for synthesis by the global scientific panel.
The report also concludes that the assessment process should operate under the authority of the Assembly, with substantive discussions by all interested parties on the process and its results taking place either at the Informal Consultative Process or at meetings held in conjunction with it. Moreover, while decisions will have to be made as to the location and composition of the secretariat, it may not be necessary to designate a “lead agency”; all contributing agencies, organizations and convention secretariats could be involved on a basis of equality.
Additionally, a letter dated 9 June 2003 from the Co-Chairpersons of the Consultative Process addressed to the President of the General Assembly on the Work of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (document A/58/95) details a number of elements proposed at the Process’ fourth meeting for consideration by the Assembly under its agenda item on Oceans and the law of the sea, as well as a list of issues that could benefit from attention in the Assembly’s future work on oceans and the law of the sea.
Recalling that General Assembly resolution 57/141 (2003) recommended that discussions be organized around the areas of protecting vulnerable marine ecosystems and the safety of navigation, the report notes that the catastrophic consequences of the sinking of the oil tanker Prestige provided a dramatic focus for substantive discussion on these issues.
Thus, among the areas for discussion highlighted in the report are capacity-building for the production of nautical charts, including through welcoming the work of the International Hydrographic Organization (IHO) and its 14 regional hydrographic commissions and inviting that organization and the International Maritime Organization (IMO) to continue their coordinated efforts and jointly to adopt measures to facilitate the transition to electronic nautical charts.
It also proposes urging States and regional integrated economic organizations to make progress regarding the phase-out of single-hull tankers and encouraging them to draw up plans and establish procedures to accommodate ships in need of assistance in waters under their jurisdiction. Other areas addressed include flag State implementation and enforcement, protection of vulnerable marine ecosystems and cooperation and coordination on ocean issues.
The list of issues that could benefit from attention in the future work of the General Assembly on oceans and the law of the sea include, among others, marine protected areas, potential and new uses of the oceans, development and transfer of marine technology, food security and mariculture, impact of the activities in the international seabed area as a source of contamination of the marine environment, marine debris, navigation in ecologically sensitive areas, capacity-building for the collection of marine geographic data, human rights of seafarers, transport of illegal weapons by sea and access to and protection of the genetic resources of the oceans.
In its section on the in-depth evaluation of the programme on the law of the sea and ocean affairs, covered in Chapter III, section C.2 of the Report of the Committee for Programme and Coordination (document A/58/16), the Committee recommends the approval of recommendations 1 to 7 of the in-depth evaluation. Among other things, the Committee emphasized the need to ensure the adequate capacity of the Division for Ocean Affairs and the Law of the Sea to carry out its functions, and that the Division be encouraged to actively participate in regional cooperation activities on matters relating to oceans and seas.
Also before the Assembly is a draft resolution on
oceans and the law of the sea (document A/58/L.19), by the terms of which the world body would request the Secretary-General, in close collaboration with Member States and other relevant organizations, to take steps to establish a regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects, by 2004. Among those steps, a group of experts –- comprised of no more than 24 participants comprising representatives of States, intergovernmental organizations and non-governmental organizations and including both scientists and policymakers –- would be convened to produce a draft document with details on the scope, general framework and outline of the regular process, peer review, secretariat, capacity-building and funding.
An international workshop with representatives from all interested parties would also be convened, in conjunction with the fifth meeting of the United Nations Open-ended Informal Consultative Process on oceans and the law of the sea. Moreover, an intergovernmental meeting to formally establish the regular process would be convened in Reykjavik, Iceland, in 2004.
Recommendations related to the implementation of the Convention and related agreements and instruments; the settlement of disputes; the continental shelf and the work of the related Commission; capacity-building; safety of navigation and flag State implementation; capacity-building for the production of nautical charts; the marine environment, marine resources and the protection of vulnerable marine ecosystems; regional cooperation; inter-agency coordination and cooperation; the activities of the Division for Ocean Affairs and the Law of the Sea; and trust funds and fellowships would also be put forward, according to the terms of text.
The Secretary-General’s report on the status of the implementation of the provisions of the 1982 Convention relating to the Conservation and Management of Fish Stocks or “Fish Stocks Agreement” (document A/58/215) provides an overview of the main trends in operationalizing the world body’s main fish stocks agreement since its entry into force in 2001. That Agreement has thus far been ratified by 34 States who met informally in New York in July 2002. From that meeting, several concerns emerged regarding the make-up and response to the current report, chiefly, that the Agreement’s entry into force and relatively small number of Contracting Parties meant there is limited State practice under the instrument, and that several important fishing States are not parties.
According to the report, the July gathering also noted that no regional fisheries management organizations (RFMOs) were composed exclusively of States parties, so it was not possible to tell if any of the groups were explicitly bound by it. And finally, up to this past April, none of the agreements concluded since 1995 to establish new such organizations has been in force, so practice is again limited. Still, the report notes that notwithstanding those constraints since the Agreement’s adoption –- and even before its entry into force –- its provisions have been widely used as a benchmark for measuring State practice.
However, the report stresses that the binding nature of the Agreements, like the wider objectives of the Convention, must be fully accepted and implemented. Along with recommendations on a Trust Fund for developing States, the report concludes that, despite progress, coastal States are not making full use of their sovereign rights to realize the opportunities provided by the Agreement and to contribute to its full implementation. For developing States in particular, capacity is an issue, as most activities are devoted to the management and conservation of fisheries. The report also concludes that the cooperation of adjacent States -- often not directly regulated by the Agreement –- is a prerequisite for effective cooperation with high seas fishing States.
By the terms of the draft resolution (document A/58/L.18) related to the above report, the Assembly would call on all States that have not done so to become parties to the Convention, taking into account the relationship between the Convention and the “Fish Stocks Agreement”, while reaffirming the importance attached to the long-term conservation, management and sustainable use of the marine living resources of the world’s oceans and seas. It would also decide to establish an Assistance Fund under Part VII of the “Fish Stocks Agreement” to assist developing States parties in the implementation of the Agreement.
Also, the Assembly would, moreover, make recommendations with regard to related fisheries instruments; illegal, unreported and unregulated fishing; fishing overcapacity; large-scale pelagic drift-net fishing; fisheries by-catch and discards; sub-regional and regional cooperation; responsible fisheries in the marine ecosystem; capacity-building; and cooperation within the United Nations system. Among other things, the Assembly would call on flag and port States to take all measures consistent with international law necessary to prevent the operation of sub-standard vessels and illegal, unreported and unregulated fishing activities and urge them to eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to overcapacity.
The Assembly would also request the Secretary-General, in close cooperation with the Food and Agriculture Organization and in consultation with States and other relevant organizations, to include a section outlining current risks to the marine biodiversity of vulnerable marine ecosystems in his next report concerning fisheries.
The Assembly was also expected to consider the section of the report of the Committee for Programme and Coordination on implementation and international support for the
New Partnership for Africa’s Development (NEPAD) (document A/58/16, chapter III, section B, programme 8; and chapter IV, section B). In the first section, the Committee welcomed the Secretary-General’s proposals regarding revisions to the medium-term plan for NEPAD for the period 2002-2005, and recommended that the Assembly approve the revisions proposed to programme 8, with certain modifications that are laid out in the report.
In the second section on the future engagement of the United Nations system with NEPAD, the Committee recommends that relevant organizations of the United Nations system should assume the role of convener, consistent with their fields of competence and capacity, while avoiding inter-agency rivalry and strengthening coordination and collaboration to ensure their effective involvement in providing added value to NEPAD’s implementation.
The coordination function should be carried out at the regional and sub-regional levels by the Economic Commission for Africa and should be closely coordinated by the Office of the Special Adviser on Africa. Furthermore, the Secretary-General should be requested to report to the Committee at its forty-fourth session and to submit to the Assembly an annual progress report on the Partnership’s implementation.
StatementsBENJAMIN GILMAN (
United States), introducing the draft resolution on sustainable fisheries (document A/58/L.18), welcomed the successful integration of two, formerly separate, fisheries resolutions. The combined resolution advanced significantly efforts to achieve sustainable fisheries in a number of key areas while still reflecting the diversity of perspectives represented within the United Nations community. As a central theme of the current resolution was the implementation of international fisheries commitments, he applauded the establishment of a voluntary trust fund to assist developing countries in fulfilling their obligations to conserve and manage straddling and highly migratory fish stocks under the United Nations Fish Stocks Agreement. The United States had made an initial contribution of $200,000 to that fund.
The resolution, he added, also contained language that called for the implementation, at all levels, of the Food and Agricultural Organization (FAO) Code of Conduct, including International Plans of Action on illegal, unreported and unregulated fishing, fishing overcapacity, shark conservation and management and seabird by-catch avoidance. Of particular concern was the situation of sharks –- many species were currently vulnerable to over-exploitation.
Also addressing specific aspects of the draft resolution on oceans and law of the sea, he welcomed the continued support and development of the global marine assessment. The capacity of the assessment to develop a comprehensive information collection process of reliable physical, chemical and biological data must be ensured. Additionally, he placed especial importance on the development of effective strategies with regard to marine debris. The United States would host, in January 2004, a seminar on derelict fishing gear and related marine debris, under the auspices of the Asia-Pacific Economic Cooperation (APEC) Fisheries Working Group. The development of a voluntary model audit scheme by the International Maritime Organization was also encouraged as an important mechanism in dealing with substandard shipping and enhancing maritime safety, security and marine environmental protection.
DON MACKAY (New Zealand), speaking on behalf of the Pacific Islands Forum, said that as ocean States, the group remained interested in the ongoing developments in oceans affairs and the law of the sea. The Forum considered the Assembly’s annual debate of the issue and subsequent resolutions to be part of an ongoing strengthening of the governance of the oceans. Both resolutions before the Assembly enabled it, as a collective body, to take stock of, and reflect on, the events of the year in a variety of forums. The group greatly valued the primacy of the Convention as the constitutional framework of the oceans and seas, and was gratified at the evolution and successful functioning of its subsidiary bodies.
The Pacific Islands Forum looked forward to the operation of the newly established inter-agency coordination mechanism as a vehicle for drawing together the various threads of the work of the agencies and institutions involved in oceans and law of the sea matters. Similarly, he was pleased that the entry into force of the Convention appeared imminent. In that context, he was hopeful the Assembly would note that development at its next session. With the growing support for the Convention, he urged the distant water fishing nations with a real fisheries interest in the region to spare no effort to become a party to the Convention. Also, the group considered the review of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States (SIDS), scheduled for Mauritius next year to be a fresh opportunity to consider appropriate management approaches and tools to conserve, manage and protect ocean resources within a small island developing States context.
Introducing the draft resolution on oceans and the law of the sea, he said the text’s structure and length reflected a coordinated approach to the interlinked issues relating to the oceans and the law of the sea. He explained that the resolution’s preamble and Section I laid out the fundamental principles, enshrined in the 1982 Convention that governed all activities in the oceans and the sea. Sections II, IV, V and VI recognized the institutional framework that underpinned the Convention, while section VII, representing a substantial part of the resolution, addressed the overarching issue of capacity-building. Resource and capacity matters remained a significant impediment to the full implementation of the Convention in many areas. Similarly, Section XI set out the fundamental importance of regional cooperation, while Sections VIII, IX and X reflected the Assembly’s discussions and recommendations at this year’s fourth meeting of the Informal Consultative Process on oceans and the law of the sea.
MARCO BALAREZO (
Peru), on behalf of the Rio Group, reaffirmed that the Convention established the legal framework for activities on the sustainable development of the oceans and seas, and welcomed Canada’s recent ratification of the Convention, as that was an important decision for the hemisphere. The maritime jurisdictions of many of the member States of the Rio Group contained considerable extended sea areas, and their geographical proximity and maritime vicinity created common interests in that regard.
Regional and sub-regional cooperation and initiatives were the best way to undertake some of those common interests, he continued. Capacity-building was essential for developing nations so that they could benefit from the sustainable use of oceans and seas, and to apply the law of the sea in an effective way. For that reason, his Group found it satisfactory that both draft resolutions contained sections on that matter, and called on donors and financial institutions to assist developing States so that they could obtain sufficient capacities.
The design of reliable electronic nautical charts was indispensable for safe navigation and the protection of marine environments, including vulnerable ecosystems such as coral reefs and marine biodiversity of seamounts, he said. As such, coordination between the International Maritime Organization and the International Hydrographic Organization in that regard was essential. Fishing was one of the main economic activities in the countries of the Rio Group. Nevertheless, they were confronting threats, including the increased presence of international fishing vessels near the coast, many times subsidized without any control, that came in search of highly migratory and straddling fish stocks. The lack of some fish created an adverse impact in maritime ecosystems due to illegal, unreported and unregulated fishing, as stated in the draft resolution on sustainable fishing. The members of the Rio Group supported regional and sub-regional cooperation in that regard and the implementation of the International Plan of Action of the Food Agriculture Organization.
In addition, the Group believed that maritime transportation of radioactive material and hazardous waste required effective liability regulations, he said. There was concern, in particular, of the use of oceans and seas as routes for the transportation of radioactive waste. He regretted the attitude of some shipping countries which did not provide adequate information on those shipments and routes.
KARIM MEDREK (Morocco), speaking on behalf of the “Group of 77” developing countries and China, said he remained concerned about the growing deterioration of the marine environment and the overexploitation of living marine resources. It was urgent to end the degradation of the marine environment from land-based activities and ships, a phenomenon which was detrimental to human health, combating poverty, securing food security and to industry. For that reason, the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities was supported. It was also noted that the Prestige incident had focused attention on the important role played by the International Maritime Organization in elaborating international rules and regulations to prevent pollution of the marine environment from ships.
As marine biodiversity was threatened by a variety of human activities, he added, the effective protection and sustainable exploitation of marine and coastal biodiversity must be a matter of urgency for concerned States and international organizations. Moreover, as international coordination and cooperation were prerequisites for the effective management of the oceans and seas, particular importance was attached to the informal process for the integrated review of marine affairs. The themes chosen at the fourth session of the Informal Consultative Process –- navigation, including strengthening the capacity to produce nautical charts, and the protection of vulnerable marine ecosystems –- were of great importance. Thus, sharing the view that hydrographic surveys and nautical charting were critical to the safety of navigation and environmental protection, he encouraged the intensification of efforts for capacity-building in developed countries.
GUNNAR PALSSON (
Iceland), on behalf of the Arctic Council, said that ocean issues continued to be a subject of growing attention in the Assembly, as it was the cornerstone of the life-support system on Earth. The World Summit on Sustainable Development confirmed the global importance of the maritime environment and the Johannesburg Plan of Action had provided important policy direction, including objectives and targets for sustainable fisheries, the application of the ecosystem approach, the reduction of land-based pollution and the improvement of scientific understanding and assessment of marine and coastal ecosystems as a basis for sound decision-making.
His Government had begun to take part in efforts to contain and eliminate illegal, unregulated and unreported fishing, and supported endeavours to diminish the overcapacity of the world’s fishing fleets, a principal contributor of overexploitation and depletion of fish stocks in many regions. It was important to remember that, while global instruments were often called for, the responsible management of living resources of the sea were best carried out at the local and regional levels, in partnership with those closest to and most dependent on the resources for their livelihood.
The Arctic was predominantly a marine environment, he stated, and the Arctic Council addressed issues related to the marine environment, including biodiversity, pollution, shipping and the utilization of resources such as oil and gas. As a regional organization, the Council played a role in the implementation of commitments of the Johannesburg Summit, and provided regional coordination to protect the Arctic marine environment. Its strategy for carrying out the Johannesburg commitments was based on an integrated approach to sustainable ocean management. He was confident that that plan would contribute to the fulfilment of targets set by the World Summit. Climate change was a subject of great interest to the Council, and the Arctic Climate Impact Assessment (ACIA) would provide an assessment on the impact of climate change on the environment and its living resources, on human health, and social and economic activities. In addition, it would guide policy responses.
Still, the daunting implications of climate change had begun to emerge and some findings of the Assessment included rising sea levels, which would in turn affect coastal communities, islands, river deltas and harbours, he stated. Sea ice reduction would also affect climate feedback, species migration and subsistence lifestyles and human health. Climate change concerned the global community and must be viewed through a global prism. In addition, Iceland encouraged an open discussion on marine pollution, an international issue, as it had no boundaries and could not be tackled in the absence of global coordination. Efforts to strengthen international action to protect oceans from land-based pollution were hampered by a lack of information, readily accessible to policy-makers, on the state of marine environments. The lack of a comprehensive overview was arguably one of the main reasons why measures to protect the marine environment had not been focusing on the real issues. Regular assessments were needed for responsible decision-making.
GIUSEPPE NESI (Italy), speaking on behalf of the European Union, drew attention to the need to progressively phase out the use of single hull oil carriers. In wake of the Prestige accident of November 2002, the European Commission had launched a number of initiatives to improve safety at sea, including through banning the transport of heavy fuel oil in single hull carriers to and from European Union member State ports and speeding up the timetable for the withdrawal of single hull oil tankers. It also invited members to ensure the adoption of similar measures by the International Maritime Organization, including an appropriate inspection scheme for double hull oil tankers more than 15 years old.
With regard to the draft resolution on oceans and law of the sea, he welcomed the decisions to invite relevant competent international organizations to study, examine and clarify the duty of flag States to exercise jurisdiction and effective control over ships flying their flag and to request the Secretary-General to prepare and disseminate a comprehensive elaboration on the duties and obligations of flag States.
On the marine environment, he focused specifically on the Mediterranean Sea, the North-East Atlantic (including the North Sea) and the Baltic Sea region. The Barcelona Process, the Convention for the Protection of the Marine Environment of the North-East Atlantic, the Helsinki Commission and the North Sea Conferences had provided useful frameworks for cooperation. The special configuration of the Mediterranean and Baltic Seas had given rise to agreements concluded with the specific objective of consolidating friendly relations among respective coastal States and influencing political developments in those regions. Moreover, the creation of maritime protected areas such as the Baltic Seas Protected Areas constituted good examples of regional cooperation.
Similar legal instruments could be usefully adopted in others areas of the world. Through the IMO, the Union would continue to support the designation of Particularly Sensitive Sea Areas, which constituted a system of defence for States’ vulnerable seas and coasts against the threats posed by international shipping.
STAFFORD NEIL (
Jamaica), on behalf of the Caribbean Community (CARICOM), welcomed and underscored the importance of the Convention as the overall framework governing ocean activities. He was encouraged by the progress made toward universal adherence to the Convention, and was pleased that, since the last meeting in December, eight countries had ratified it, bringing the number of States parties to 145. The nations of his region were satisfied that the three institutions created by the Convention were carrying out their mandates efficiently and that good progress was being made by the International Seabed Authority in developing the framework for cooperation in seabed resources.
He noted that the International Tribunal for the Law of the Sea, also created by the Convention, continued to receive submissions from States for the settlement of disputes relating to various provisions of the Convention. Its record in dealing with such cases in an efficient and timely manner was now established. The range of cases for which judgement was sought was also an indication of growing confidence in the competence of the Tribunal. The CARICOM consisted of island and coastal States that had a vital and continuing interest in their shared patrimony in the Caribbean Sea.
The region’s Governments continued to express their concern over the transport of hazardous materials through the Caribbean Sea and the potential risk of serious harm to its fragile ecosystem and marine resources, on which a large percentage of the population depended for a livelihood. Of special concern was the transport of nuclear waste materials, which had been consistently opposed by Caribbean Governments, he said. That activity exposed the region to what he termed “unacceptable” risks, and he continued to urge the parties concerned to refrain from use of the Caribbean Sea as a transit route for such shipments.
However, he said that while CARICOM member States had all demonstrated their commitment to the Convention by their ratification, their ability to effectively implement its provisions was constrained by inadequate resources. In that regard, he welcomed the recommendation of the Consultative Process for the International Hydrographic Organization to intensify its efforts to build capacity in developing countries for the production of electronic nautical charts and provide data and information that could be used for fisheries activities and for other uses.
WEGGER CHRISTIAN STROMMEN (Norway) welcomed the focus on capacity-building as the main challenge in relation to the law of the sea, and said his country had played an active role in facilitating the implementation of the Convention through capacity-building. Among other undertakings, Norway had contributed financially to the programme whereby the United Nations Environmental Programme (UNEP) and the Global Research Information Database made research data available to States, to the trust fund for participation in meetings of the Continental Shelf Commission and to the trust fund for training and scientific advice related to the continental shelf. Norway would also make a contribution to the trust fund for developing States, to be established under the draft resolution on sustainable fisheries.
Among other issues to be addressed, he said efforts to prevent shipping from becoming a tool of terrorists –- particularly with regard to trafficking in weapons of mass destruction –- must be intensified. Moreover, the management and prevention of illegal activities with regard to living marine resources outside national jurisdiction constituted a huge challenge, which should be dealt with through competent resource management organizations –- such as the Commission for the Conservation of Antarctic Marine Living Resources –- that possessed the necessary scientific and decision-making capacity. Furthermore, as some illegal, unreported and unregulated fishing vessels used re-flagging as a means to escape control, it was essential to ensure flag States’ implementation of their obligations. In that respect, the decisions to ask the IMO and other relevant organizations to study, examine and clarify the “genuine link” between vessels flag States, and to request the Secretary-General to elaborate on flag State duties, were welcomed.
The international community must also respond to the challenges posed by pollution, he added, including preventing land-based pollution, transboundary environmental damage, safety of navigation and the phasing out a single hull tankers and safety of transport of radioactive material. An important aspect of Norway’s marine environmental policy was the preservation of biodiversity, habitats, fauna and flora through the establishment of marine protected areas. Some of the world’s largest cold-water coral reefs were located in the Norwegian part of the North-East Atlantic. Norway had initiated, in cooperation with UNEP, an International Coral Reef Initiative, to which it had contributed both financially and practically.
P.R.O. OWADE (
Kenya) said since its adoption 20 years ago, the United Nations Convention on the Law of the Sea represented the “most elaborate scheme of codification and progressive development of international law”. Nevertheless, States continued to be confronted by a myriad of ocean-related challenges. He said the lack of effective control by flag States over ships flying their flags posed a threat to the safety of navigation and the marine environment. For that reason, he fully endorsed initiatives by United Nations bodies aimed at strengthening the capacity of flag States in implementation and enforcement.
He was also encouraged by the Train-Sea-Coast programme, which was administered by the Division for Ocean Affairs and the Law of the Sea, and hoped that the Division would continue to administer the programme taking into account the need for geographic participation. On the issue of fisheries, he said that as a developing coastal State, Kenya had a keen interest in the implementation of the Fish Stocks Agreement. Among other concerns, he highlighted the lack of comprehensive national fisheries management plans and legislation for implementation of the Convention and the Fish Stocks Agreement, as well as the lack of capacity to exercise flag State controls. He urged the United Nations and other relevant organizations to take into account the principle of equitable geographical distribution as it related to participation in the Regional Fisheries Management Organizations.
ALI HACHANI (Tunisia) said the Convention on the Law of the Sea reflected the desire to establish a more just and equitable international economic order over ocean spaces. The concept of a shared human heritage contained therein crystallized the hopes of developing countries for a world founded upon peace, justice, solidarity and progress for all. However, it must be underscored that universal participation in the Convention could not be achieved without the adherence of certain major industrialized -– and maritime -– powers.
The protection and preservation of the marine environment and resources constituted a source of ongoing concern for his country, he said. The Mediterranean had seen its flora and fauna increasingly threatened by pollution, whether from land or shipping sources. To combat such phenomena, the international community must work out binding guidelines for conduct in the area of preserving and protecting the marine environment, and elaborate both short- and long-term measures in that regard.
Another concern, he said, was the overexploitation of marine resources and overfishing, which constituted grave threats to biological diversity and the equilibrium of marine ecosystems. For countries such as his own, situated on closed or semi-closed seas that relied on fishery resources to feed their populations, those threats were of particular concern. The situation of “geographically disadvantaged” countries merited specific solutions under international law to protect their rights from such threats.
GEORGE TALBOT (
Guyana) welcomed concerns regarding capacity-building in developing States, calling it a sine qua non for their full participation in matters pertaining to the law of the sea. He endorsed the call for developing countries to improve their hydrographic services, their production of nautical charts, and make timely submissions to the Commission on the Limits of the Continental Shelf. The establishment of a trust fund enabling developing nations to develop their capacities in that area, and to make submissions in a timely manner, was also welcomed. Capacity-building was a praiseworthy effort that enabled affected countries to present their claims. As such, it was necessary for the international community to strengthen mechanisms to support innovative initiatives for the utilization of resources and peaceful resolutions in instances of dispute. The protection of marine ecosystems and the preservation of biodiversity were necessary, and he applauded recommendations for enhancing the safety of navigation and maritime administration.
Overfishing by ships, lawfully within the exclusive economic zone of a single State, was not uncommon, as the resources of the coastal State did not permit effective policing and, as a result, a number of severely depleted fisheries existed around the world. It was, therefore, a situation that called for the increased involvement of the international community with a view toward conserving that resource. In addition, it was imperative that measures devised for the conservation and management of straddling and highly migratory fish stocks continue and grow, for that was a resource that transcended several national jurisdictions. The absence of regulation in that critical area had, in the past, precipitated many disasters, and it was in the interest of the global community that those species be protected and preserved.
CARLOS PUJALTE (
Mexico) said the topic of oceans and the law of the sea was one of strategic importance to his country, as Mexico was a nation located between seas. Marine spaces were interrelated and thus required an interdisciplinary approach. One of the main objectives was the protection of marine environments, and he was pleased that the draft resolution placed attention on fragile marine ecosystems and the importance of containing adverse impacts on coral reefs caused by grounded ships or collisions. The draft resolution was an important step to promoting coordination and cooperation among nations.
The protection of ecosystems and the safety of navigation required navigational marine charts, which were essential for the protection of coral reefs and the prevention of accidents that had great impact on human life and the environment. There was a need to promote capacity-building and the hydrographic capacities of developing nations. Another necessary tool for the conservation of the marine environment was the development of contingency plans in the case of pollution and other emergencies. That, he said, would be in compliance with international conventions and international law.
States must continue to test ways of preserving the marine environment and the international community must act with greater resolve in that area, he said. One area of priority was regional cooperation for the management of oceans and the implementation of the Convention. Mexico would continue to support the initiative to facilitate compliance with the Seabed Authority and support its work, especially in regard to its progress in the exploration of cobalt crusts. In addition, he recognized that a large part of environmental deterioration was caused by land-based activities. He also believed that the management of sharks was of great importance, and he noted that the draft resolution placed the issue in proper perspective. In fact, the role of shark fishing was just as important as any other fish stock, and one that required inter-agency coordination. In conclusion, he was pleased that the draft resolution on oceans called for the establishment of a regular reporting process, which would include social and economic aspects.
MARTIN ANDJABA (Namibia) said because his country has a large territorial sea, contiguous zone, exclusive economic zone and continental shelf, it has closely adhered to the law of the sea, particularly the Convention. Apart from updating and revising the country’s 1992 Sea Fisheries Act and replacing it on
1 August with the Marine Resources Act, Namibian regulations often went beyond its international obligations. Together with adjacent coastal States and other interested parties, Namibia played a significant role in the negotiations towards the “Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean”. That Convention provided for the establishment of the South-East Atlantic Fisheries Organization (SEAFO), which was signed under the framework established by the 1995 Fish Stocks Agreement.
He reiterated the call for further ratifications or accessions, particularly by adjacent coastal States, to provide the necessary impetus and momentum to the fledgling regional fisheries management organization –- SEAFO. He stressed that national efforts and international cooperation to combat illegal, unreported and unregulated fishing be strengthened. States needed to exercise more control over their nationals who engaged in such fishing. He emphasized that certain countries needed to set an example in acting to control their nationals, particularly given the large amount of beneficial ownership those countries had in fishing vessels flagged to open registers, while carrying masters and crews of their own origin.
While he believed that the FAO’s International Plan of Action for the Conservation and Management of Sharks was highly laudable, he stressed that the various FAO Plans of Action were voluntary instruments and, therefore, not legally binding.
CHUN YUNG-WOO (Republic of Korea) said remarkable progress has been achieved over the last two decades in the fields of international maritime trade and transport, as well as oceans development. While he was pleased to note that, so far, there were 145 States parties to the Convention and 117 States were parties to the Agreement relating to the implementation of Part XI, he said achieving the universality of the Convention in and of itself would not guarantee its effectiveness and applicability as the global legal framework for the oceans and the sea.
Today, some of the daunting challenges facing the international community involved trafficking in weapons of mass destruction, narcotics, and even human beings. Increasingly, maritime transport had become the chosen means of such illicit trafficking. Against the backdrop of the current security situation, it was crucial that the international community take concerted and coordinated actions to combat that global threat. This year, in response to the threat of terrorism at sea, his country had acceded to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol. The country also attached great importance to the protection and conservation of the marine environment and marine resources.
In that context, the Government had taken proactive measures to prevent and reduce pollution from vessels and land-based activities, including oil-spills. States must cooperate to prevent, deter and eliminate illegal, unreported and unregulated fishing activities. The international community must set priorities for the measures that must be taken.
PAULETTE BETHEL (Bahamas) said that, as her country was an archipelago of some 700 islands –- 22 of which were inhabited, the maritime transport of goods and people had always formed an essential part of Bahamian life. At the same time, its geological structure as one of the world’s largest areas of coral reef had ensured that high priority was given to protecting the marine environment. With the third largest ship registry in the world, her country exercised the utmost due diligence and the Bahamas Marine Authority had clear, well-defined policies regarding the de-listing of ships that failed to meet national and international standards. Moreover, as a responsible member of the shipping community, the Bahamas had served on the Council of the International Maritime Organization (IMO) from 1991 to 1995 and from 1999 to the present, during which it had engaged in constructive cooperation with fellow members through the implementation of IMO resolutions and decisions, and the submission of forward-looking proposals to protect the marine environment.
With regard to the protection of vulnerable marine ecosystems, her Government had established five marine protected areas throughout the archipelago, she said, and identified eight additional potential sites. Geographically, the country was situated along the migratory route of a vast number of marine and terrestrial species. And while tourism was the country’s main industry, that tourism had not always been an environmentally friendly activity. The challenge for the Bahamas now was to continue developing ecologically sensitive tourism.
The Bahamas was also aware that, as many international shipping lines traversed Bahamian waters, the potential for marine degradation was very high. The necessary steps would continue to be taken to ensure that vessels transiting national waters complied with international standards. Moreover, the immediate cessation of the transport of nuclear waste and other hazardous materials was called for, so as to prevent any accident that could seriously threaten the sustainable development of the country and the health of the people.
