General Assembly Session 51 meeting 77

Mr. Zlenko (Ukraine)

The United Nations Convention on the Law of the Sea established a comprehensive framework for the regulation of marine space, along with the accompanying rights, responsibilities and obligations of States. The entry into force of the Convention two years ago and the overwhelming support it now enjoys should be translated into its full and proper implementation. Much has been achieved in this regard, and this is reflected in the practice of States on maritime issues. However, much remains to be done at the national, regional and global levels.

After the successful conclusion of negotiations on part XI of the Agreement, indications are that the Convention represents one of the most widely accepted international instruments. We hope that in the near future the Convention will become truly universal in character. Its ratification is also on the agenda of the Ukrainian Parliament. Many of the Convention's provisions have already been reflected in appropriate national legislation concerning maritime matters. Some of the issues dealing with the continental shelf and exclusive maritime economic zones are also covered by article 13 of the Constitution of Ukraine, adopted on 28 June of this year, which, in particular, states clearly that:

"the natural resources of Ukraine's continental shelf and the exclusive maritime economic zone are objects of the right of property of the Ukrainian people".

The annual global review and consideration by the General Assembly of matters relating to the law of the sea gives Member States an opportunity to express their views on current aspects of ocean affairs, especially those of particular importance to them.

Ukraine takes a particular interest in these matters. My country is a coastal State on two semi-enclosed seas, the Black Sea and the Sea of Azov, with a 2,782 kilometre coast, but it is also a geographically disadvantaged State under the terms of the Convention.

The fishing industry is a very important sector of our economy. Since the catch from coastal and inland waters does not meet the needs of our country's population, ocean fishing remains a very important source of nutriment. The main areas in which Ukrainian fishermen currently continue to operate are the central-east Atlantic, the south-east Atlantic, the Atlantic sector of Antarctica and the south-west Pacific. Ukraine also cooperates with the coastal States in those regions on issues of conservation and the rational utilization of living resources.

In recent years, we have witnessed the depletion of living resources in some parts of the oceans and new and increasing threats to the environment. In this regard, the protection of the marine environment and effective and balanced conservation should remain a high-priority item on the agenda of the international community.

Ukraine is participating actively in the joint efforts aimed at preserving the ocean environment and at maintaining and managing fish stocks. The delegation of Ukraine was actively involved in the work of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks. Our country signed the relevant Agreement on the first day it was opened for signature. I hope that my country will ratify that document in the near future.

One of the principal elements on which the norms of the Convention are based is cooperation among States in the implementation of its provisions. The entry into force of the Convention has triggered new activities and the need for new areas of cooperation among States. Two new institutions created by the Convention have been established and made operational.

The International Seabed Authority has already held several sessions in Kingston, Jamaica. The deadlock in negotiations on the composition of the Authority's Council was successfully overcome, and the Council was elected. We would like to extend our congratulations to Ambassador Satya Nandan on his election as Secretary-General of the Authority. With the establishment of the Legal and Technical Commission and of the Finance Committee, the organizational phase has now been completed, and we hope that the Authority will soon begin its substantive work.

The election of the members of the International Tribunal for the Law of the Sea at the fifth Meeting of States Parties to the Convention is another important step aimed at facilitating a more active involvement and operation of the mechanisms for the settlement of disputes incorporated in the provisions of the Convention. The Tribunal will play an important role in settling disputes between States related to the seas and oceans and in facilitating effective implementation of the Convention, thus promoting the maintenance of an international legal order of the seas. Ukraine supports granting the Tribunal observer status in the General Assembly. Such status was granted to the International Seabed Authority on 24 October of this year. Both those institutions established by the Convention should have an essential link with the United Nations and its activities, since the problems of ocean space have a very closely interrelated nature.

The members of the Commission on the Limits of the Continental Shelf will be elected at the next Meeting of States Parties. The Commission is to play an important role in the establishment of the outer limits of the continental shelf of coastal States and will be responsible for studying data and other information submitted by coastal States regarding the outer limits of the continental shelf when the shelf extends beyond 200 nautical miles, as well as for providing appropriate recommendations.

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 in the maintenance of peace and security. At the same time, I should like to emphasize that the entry into force of the United Nations Convention on the Law of the Sea and the establishment of its institutions in no way diminishes the pivotal role the United Nations has always played in activities concerning the oceans.

The delegation of Ukraine would like to express its appreciation to the Secretary-General for his report on the Law of the Sea (A/51/645). The report represents the most comprehensive annual review of developments in maritime affairs throughout the United Nations system. It clearly affirms that the Convention provides a solid basis for resolving peacefully and cooperatively all questions and disputes relating to the sea. It also provides a useful survey of developments relating to the Convention and of important measures being undertaken by the Division for Ocean Affairs and the Law of the Sea.

Over the years the Division has provided valuable assistance across the range of issues entrusted to it. We consider also that it should strengthen its capacity with a view to improving the coordination of United Nations activities and programmes in the area of maritime affairs. In our opinion, the United Nations should continue to play a key role in the monitoring of State practices and to report on the implementation of the new legal regime of oceans established by the Convention. To this end, the Division should be provided with sufficient resources and structured in a way that would enable it to meet the needs of the international community.

We also agree with the emphasis placed by paragraph 15 of the report on the importance of the "law of the sea" debate in the General Assembly, in relation not only to the development of the new treaty system of ocean institutions and the effective implementation of the Convention in all its aspects, but also for promoting international cooperation on important new issues in the field of the law of the sea and ocean affairs.

To this end, we wish to stress the importance of the technical and legal support provided to States by the United Nations to help them to implement the Convention at the national level. Ukraine, as a country with an economy in transition, relies on the Organization's helpful advice regarding the development of its national legislation on matters related to the law of the sea.

It has long been recognized by the international community that law of the sea issues are of primary political significance and importance. The world community has proved in the past its capacity to negotiate and resolve complex issues. This was demonstrated in particular in the negotiation of the Convention. It should not fail now to live up to high expectations.

For all these reasons, our delegation joined the sponsors of the draft resolution on the Law of the Sea (A/51/L.21), which was so eloquently introduced by the representative of New Zealand, Ms. Felicity Wong. The draft resolution reflects the continued commitment of Member States to the ideals and principles embodied in the Convention.

The consolidation of the legal regime that we have designed for the seas and oceans requires the joint efforts of all States in promoting cooperation and coordination. Ukraine will spare no effort in the achievement of this important and specific goal.