General Assembly Session 50 meeting 80

The President

This morning, the General Assembly, pursuant to its decision taken at the 3rd plenary meeting, will consider agenda item 39, entitled "Law of the sea", together with sub-item (c) of agenda item 96, entitled "Sustainable use and conservation of the marine living resources of the high seas".

I call on the representative of Fiji to introduce draft resolutions A/50/L.34, A/50/L.35 and A/50/L.36.

Mr. Nandan (Fiji)

Before introducing the three draft resolutions that the Assembly is to consider today, I would like to make a few remarks in my capacity as President of the Meeting of States Parties to the 1982 United Nations Convention on the Law of the Sea.

Last year was a very special year for the law of the sea. The General Assembly welcomed a most important event in the life of an international treaty, that is the entry into force of the treaty. In the case of the 1982 Convention, which entered into force on 16 November 1994, the event was particularly significant in the light of the controversy that had attached to a part of it for more than a decade, until the adoption by the General Assembly, on 28 July 1994, of the Agreement relating to the Implementation of Part XI of the Convention.

The immediate effect of this Implementation Agreement was to extend the consensus that prevailed in respect of most of the Convention to the Convention as a whole. It also made it possible for the Convention to enter into force with universal support.

This year is yet another important year for the Convention in that it is possible to see the tangible proof of the fact that the Convention has moved out of an era of controversy into the domain of consensus. There are now 83 Parties to the Convention. They represent States from the five continents. Among these are developed and developing countries, coastal States and land-locked States, major maritime Powers and small States. The number of States parties is steadily growing. There is good prospect, indeed indication, that it will reach the milestone of 100 -- or close to that -- within the next six months. This would indeed be a remarkable achievement for an endeavour which began some 25 years ago, and for a comprehensive, complex and multi-faceted treaty which requires extensive adjustments in national laws and considerable accommodation to the new responsibilities that accompany the rights and duties of States. The Convention has radically changed or revised the traditional law of the sea and with that, the political map of the world. It has set out new rules for the use of the oceans and the management of its resources and established a balance between competing users.

The law of the sea has come a long way in the last 400 years since the debates of Hugo Grotius and John Selden. Most significant changes have occurred during the 50 years of the United Nations. It has been a subject which has preoccupied the Organization since its inception, as is evident from the three major Conferences on the Law of the Sea that it convened. It was not until the third Conference that the whole of the international community was fully represented, and the issues relating to the law of the sea were dealt with comprehensively and in a single Convention. Only in this way could accommodation be established between the rights of individual States and the freedoms and interests of the international community as a whole. Thus, at last it was possible to find an accommodation for the different historical approaches to law of the sea, characterized by, "mare liberum" of Hugo Grotius and "mare clausum" of John Selden. This achievement of the 1982 United Nations Convention on the Law of the Sea was highlighted by the Secretary-General of the United Nations on 16 November 1994 in his address to the inaugural meeting of the International Seabed Authority when he said:

"The dream of a comprehensive law of the oceans is an old one. Turning this dream into a reality has been one of the greatest achievements of this century. It is one of the decisive contributions of our era. It will be one of our most enduring legacies."

The need for a comprehensive Convention on the Law of the Sea arises from the increased use of the oceans in the twentieth century. Mankind's activities are no longer limited to navigation and communication and to coastal fishing. Modern law of the sea has to take into account the increasing and ever-competing activities in the oceans. These are highlighted by the increase in commerce and communication, unforeseen technological developments aimed at the utilization of ocean resources, and increased awareness of the importance of the oceans in the welfare of mankind and its critical role in the well-being of our planet.

The entry into force of the Convention and the healthy support it enjoys must now be translated into its full and proper implementation. Much has already been achieved in this regard, and this is reflected in the national practice of States and in their relations with other States on maritime issues. However, much remains to be done at national, regional and global levels.

One of the principal elements on which the norms contained in the Convention are premised is cooperation between States in the implementation of its provisions. The entry into force of the Convention itself has triggered new activities and the need for new areas of cooperation between States. The new institutions created by the Convention have now to be organized and made operational. This process has already begun. The inaugural meeting of the International Seabed Authority was held in Kingston, Jamaica, from 16 to 18 November 1994, and the Authority has since held two additional meetings. It is to be hoped that the Authority will complete its organizational phase and begin its substantive mandate during this year.

Three Meetings of States Parties to the Convention have already been held in preparation for the establishment of the International Tribunal for the Law of the Sea. It has been decided that the election of the members of the Tribunal will take place on 1 August 1996. Last year the Secretary-General was requested by the General Assembly to undertake certain transitional and preparatory work for the establishment of the Tribunal. It is expected that the Secretariat will continue to take the necessary steps for the preparation for the Tribunal as a follow-up to the mandate in paragraph 11 of resolution 49/28.

States parties are also in the process of preparing for the election of members of the Commission on the Limits of the Continental Shelf, which will now take place in March 1997.

The International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf are essential components in the global system for the rule of law in the oceans and the maintenance of peace and security in over 70 per cent of our globe. The establishment of these bodies coincides with the current mood for financial stringency and austerity. It is to be hoped that the operations of these bodies will not be frustrated because of present financial difficulties, for to do so would be to undermine the effectiveness of the Convention as a whole.

Pursuant to the decision of the General Assembly last December, the Secretary-General of the United Nations assumed the new responsibilities assigned to him as a consequence of the Convention's entry into force. These are reflected in the report of the Secretary-General contained in document A/50/713. This report, which is comprehensive and rich in information and which analyses the developments and trends in ocean-related matters, is an outstanding contribution to the international community. It serves as an important vehicle for information, on the one hand, and for the promotion of uniform and consistent application of the Convention, on the other. It keeps the international community abreast with the multitude of developments on ocean-related matters, the trends in the practice of States and global and regional organizations and bodies. It highlights activities in the different sectors of marine affairs and warns the international community of the divergence and detractions which might threaten the consistent application of the Convention.

One very significant conclusion that can be drawn from this year's report of the Secretary-General is the remarkable degree of uniformity that has evolved in the practice of States as a consequence of the Convention. Who would have thought that there would be some 130 States that adopted the 12-mile or less territorial sea limit, or that more than 110 States would adopt a 200-mile exclusive economic zone or fisheries zone?

The Convention is a dynamic instrument. While it sets out detailed provisions in some areas, it provides certain basic principles for further development in others. It leaves open the possibility for further elaboration of these principles in the light of experience in its implementation and the changing state of the world's oceans.

One such area where further elaboration of the Convention principles was necessary in the light of experience was identified by the 1992 Rio Conference on Environment and Development. That was the area where the problem of unregulated fishing on the high seas and over-utilization and lack of adequate management of fish resources as a whole was noted.

The Rio Conference called for a conference to address those problems with particular reference to straddling fish stocks and highly migratory fish stocks. The Conference that was convened by the General Assembly three years ago concluded its work yesterday by opening for signature an Agreement which it had adopted by consensus in August 1995. The Agreement was signed yesterday by 26 States and will remain open for signature for one year from yesterday's date, 4 December 1995, at United Nations Headquarters. It is to be hoped that the Agreement, which addresses the urgent problems of fisheries management in respect of the two types of stocks, will come into force quickly after 30 ratifications or accessions. The Agreement is a product of consensus and I hope that the spirit of consensus will be manifested in a tangible way by all those who were partners in the negotiations. The best service that coastal States and distant water fishing States can render to the international community is to become parties to the Agreement and proceed to implement its terms as soon as possible.

As Chairman of the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, let me take this opportunity to express my sincere appreciation to all those who worked so hard and cooperated in making the Agreement on a difficult, complex and emotionally charged issue possible. The principles enshrined in the Agreement will not only benefit those who are concerned with straddling fish stocks and highly migratory fish stocks, but wi11 set new standards for the management of all marine living resources.

Let me conclude this part of my statement, which deals with developments relating to the implementation of the Convention, by saying that, overall, the Convention is in good shape. It has come out of the shadows. It has steered through the shoals and reefs and it is headed towards the open sea with a full sail and a steady wind of universal support behind it.

I am very privileged to introduce, on behalf of the sponsors, the three draft resolutions that are before the General Assembly for its consideration.

The first draft resolution is presented under item 39 of the General Assembly's agenda and is contained in document A/50/L.34. It has been sponsored by the States listed in the draft resolution, and the following additional States who have joined the list of sponsors: Cape Verde, Guyana, Lebanon and Myanmar.

In this draft resolution on the item "Law of the sea", the General Assembly would, inter alia, emphasize the universal character of the 1982 United Nations Convention on the Law of the Sea and its fundamental importance for the maintenance and strengthening of international peace and security, as well as for the sustainable use and development of the seas and oceans and their resources.

It would note that States Parties to the Convention have been meeting in preparation for the establishment of the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf and that the International Seabed Authority has had its organizational meetings during 1995 and has scheduled two meetings for 1996.

In the operative part of the draft resolution, the General Assembly would, inter alia, call upon all States that have not done so to become parties to the Convention and also to the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea in order to achieve the goal of universal participation in the Convention. The Assembly would also call upon States to harmonize their national legislation with the provisions of the Convention and ensure its consistent application.

It would approve the servicing by the Secretary-General of two meetings of the International Seabed Authority during 1996. It would also authorize the Secretary-General to continue with the staff and facilities of the Secretariat in Kingston until the Secretary-General of the Authority is able to assume effective responsibility for the Authority's Secretariat.

The Assembly would request the Secretary-General to convene three meetings of States Parties to the Convention during 1996 for the purpose of organizing the International Tribunal for the Law of the Sea and the election of its members, as well as to deal with matters relating to the establishment of the Commission on the Limits of the Continental Shelf. In doing so, the Assembly would note with appreciation the progress made in the practical arrangements for the establishment of the International Tribunal for the Law of the Sea, and in preparations for the establishment of the Commission ion the Limits of the Continental Shelf.

The Assembly would express its appreciation to the Secretary-General for the annual comprehensive report on the law of the sea and the activities of the Division for Ocean Affairs and the Law of the Sea in the Office of Legal Affairs, which is contained in document A/50/713. It would emphasize the importance of ensuring the uniform and consistent application of the Convention and a coordinated approach to its effective implementation, and of strengthening technical cooperation and financial assistance for that purpose, and reiterate the continuing importance of the Secretary-General's efforts to those ends. It would invite competent international organizations and other international bodies to support those objectives.

Finally, the Assembly would request the Secretary-General to report to it at its fifty-first session on the implementation of the resolution in connection with his annual comprehensive report on the law of the sea. It would also decide to include in the provisional agenda of its fifty-first session an item entitled "Law of the sea", with a sub-item entitled "Reports of the Secretary-General".

The second draft resolution is contained in document A/50/L.35 and is presented under agenda item 96 (c). It deals with the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The sponsors of the draft resolution are those listed in the draft resolution; in addition, Cape Verde has joined the list of sponsors.

In this draft resolution the Assembly would, inter alia, recall its resolutions concerning the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and would take note of the report of the Secretary-General on the work of the Conference contained in document A/50/550. It would also take note of the two resolutions adopted by the Conference, the first of which deals with the early and effective implementation of the Agreement adopted by the Conference, and the second which contains a request to the Secretary-General to report on developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks. It would recognize the importance of the regular consideration and review of developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks.

In its operative part, the draft resolution would express its appreciation to the Conference for discharging its mandate with the adoption of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

It would welcome the fact that the Agreement was opened for signature on 4 December 1995 and emphasize the importance of early entry into force and effective implementation of the Agreement. It would call upon all States and entities entitled to become Parties to sign and ratify or accede to the Agreement and to consider applying it provisionally.

It would request the Secretary-General to report to the General Assembly at its fifty-first session, and biennially thereafter, on developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, taking into account the information provided to him by States, specialized agencies -- in particular the Food and Agriculture Organization of the United Nations (FAO) -- and other appropriate intergovernmental bodies, including regional and subregional organizations that deal with the subject matter, as well as relevant non-governmental organizations. It would further request the Secretary-General to ensure that reporting on all major fishing activities and instruments is effectively coordinated and duplication of activities and reporting minimized, and it would invite the relevant specialized agencies -- including FAO and regional and subregional fisheries organizations and arrangements -- to cooperate with the Secretary-General to that end.

Finally, the Assembly would decide to include in the provisional agenda of its fifty-first session, under the item entitled "Law of the sea", a sub-item entitled "Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks".

The third draft resolution, which is contained in document A/50/L.36, is also presented under agenda item 96 (c). It deals with large-scale pelagic drift-net fishing, unauthorized fishing in areas under national jurisdiction, and fisheries by-catch and discards. It is co-sponsored by the States listed in the draft resolution and by Argentina.

In the preambular part of the draft resolution, the General Assembly would, inter alia, reaffirm its previous resolutions concerning large-scale pelagic drift-net fishing and its impact on the living marine resources of the world's seas and oceans. It would recall its two resolutions of last year, the first concerning unauthorized fishing in areas under national jurisdiction and its impact on the living marine resources of the world's seas and oceans, and the second concerning fisheries by-catch and discards and their impact on the sustainable use of the world's living marine resources.

It would recognize that efforts have been made to reduce by-catch and discards in fishing operations and that further work needs to be done in this area. It would express its concern at the detrimental impact of unauthorized fishing on the sustainable development of the world's fishery resources and on the food security and economies of many States, particularly developing States.

It would take note of the reports of the Secretary-General on large-scale pelagic drift-net fishing and on unauthorized fishing, contained in documents A/50/553 and A/50/549, and also of FAO's report on fisheries by-catch and discards and their impact on the sustainable use of the world's living marine resources, contained in the annex to document A/50/552.

It would acknowledge with appreciation the measures taken and the progress made by the international community, and international entities and organizations, to implement and support the objectives of resolution 46/215, on large-scale pelagic drift-net fishing on the high seas and the world's seas and oceans. It would, however, express its deep concern that there are continuing reports of activities inconsistent with the terms of resolution 46/215 and unauthorized fishing inconsistent with the terms of resolution 49/116.

In the operative part of the draft resolution, the General Assembly would reaffirm the importance it attaches to full compliance with resolution 46/215, in particular to those provisions of the resolution calling for full implementation of a global moratorium on all large-scale pelagic drift-net fishing.

It would call upon States to take measures to ensure that no fishing vessels entitled to fly their flags fish in areas under the national jurisdiction of other States unless duly authorized by the competent authorities of the coastal State or States concerned, such authorized fishing operations being carried out in accordance with the conditions set out in the authorization. It would request the Secretary-General to bring the resolution to the attention of all members of the international community and relevant intergovernmental organizations and bodies, and to submit to the General Assembly at its fifty-first session a report on further developments relating to the implementation of resolutions 46/215, on large-scale pelagic drift-net fishing; 49/116, on unauthorized fishing in areas under national jurisdiction; and 49/118, on by-catch and discards and their impact on the sustainable use of the world's living marine resources.

Finally, it would decide to include in the provisional agenda of its fifty-first session, under the item entitled "Law of the sea", a sub-item entitled "Large-scale pelagic drift-net fishing and its impact on the living marine resources of the world's oceans and seas; unauthorized fishing in zones of national jurisdiction and its impact on the living marine resources of the world's oceans and seas; and fisheries by-catch and discards and their impact on the sustainable use of the world's living marine resources".

On behalf of the respective co-sponsors of the three draft resolutions contained in document A/50/L.34, A/50/L.35 and A/50/L.36, I commend the draft resolutions for adoption by the Assembly.

The President

I should like to propose that the list of speakers in the debate on this item be closed today at 12 noon.

I hear no objection.

The President

I therefore request those representatives wishing to participate in the debate to add their names to the list as soon as possible.

Mr. Tobin (Canada)

I am pleased to have this opportunity, on behalf of the people of Canada, to bring remarks on this occasion marking the conclusion of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.

For centuries, men and women of good will have sought to enlarge and perfect international law. Their aspirations have been shaped by the understanding of nature and society of their era. Thus, the development of international law will always be a work in progress.

In 1608, the Dutch lawyer Grotius wrote:

"Most things become exhausted by promiscuous use. This is not the case with the sea. It can be exhausted neither by fishing nor by navigation, that is, the two ways in which it can be used."

Mr. Tobin (Canada)

Based on that understanding of nature and society, Grotius propounded the law of freedom of the seas. For his time and his understanding, Grotius spoke wisely.

Mr. Tobin (Canada)

In 1987, the World Commission on Environment and Development, better known as the Brundtland Commission, wrote that

"without agreed, equitable, and enforceable rules governing the rights and duties of States in respect of the global commons, the pressure of demands on finite resources will destroy their ecological integrity over time". (A/42/427, p. 258, para. 2)

Mr. Tobin (Canada)

This is the understanding of our time. We have sought to develop a new international law to give effect to the principle of sustainable development.

Mr. Tobin (Canada)

The decisive step was the 1982 Convention. Its scope and comprehensiveness are unrivalled in international law. It is the single greatest accomplishment in the history of conventional international law. Yet, as we who participated in the Conference know, the 1982 Convention fell short in at least one respect: the high-seas-fisheries provisions. The problem quite simply has been that the high-seas obligations are stated in such general terms that they are not a practical guide for States in the conduct of their international relations. More importantly, they are not a specific guide for our conduct in the high-seas-fisheries zones.

The seriousness of high-seas overfishing was highlighted by Chairman Nandan in his opening remarks to the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in April of 1993. Ambassador Nandan said, in quoting the Food and Agriculture Organization of the United Nations (FAO),

"In many high seas areas, inadequate management and over-fishing are recognized as major problems. The need to control and reduce fishing fleets operating on the high seas is now being internationally admitted because excessive fishing is endangering the very sustainability of high-seas fisheries resources."

Ambassador Nandan and the FAO Committee on Fisheries recognized that in every ocean of the world, with the possible exception of the Indian Ocean, fleets fishing on the high seas are threatening straddling stocks and highly migratory species.

I submit to the Assembly that nowhere has this threat been greater than it has been to straddling stocks on the Grand Banks of Newfoundland. These resources were gravely depleted by high-seas fisheries from the late 1950s to the mid-1970s. They had sustained a coastal way of life for 500 years, and yet in a relatively short span of time they were depleted. The establishment of the 200-mile limit in 1977 seemed to promise a new era of rebuilding. That era was short-lived.

For eight years after 1977, all parties to the Northwest Atlantic Fisheries Organization (NAFO), which was formed to manage straddling stocks and other stocks on the Grand Banks, cooperated in order to conserve and rebuild these resources.

Mr. Tobin (Canada)

The problems that emerged in the 1980s are well known. They pushed straddling stocks to the brink of commercial extinction by the mid-1990s.

Mr. Tobin (Canada) --> -->

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