General Assembly Session 51 meeting 88

The Acting President

I call on the representative of Germany to introduce draft resolution A/51/L.56.

Mr. Henze (Germany)

I have the honour to introduce today a draft resolution entitled "Observer Status for the International Tribunal for the Law of the Sea in the General Assembly", as contained in document A/51/L.56. In addition to the sponsors listed in that document, the draft resolution is sponsored also by the following countries: Algeria, Comoros, Kuwait, Malaysia, Monaco, Myanmar, Nigeria, Poland, Suriname, Tunisia, Uruguay, Viet Nam, Zambia and Zimbabwe.

The draft resolution responds to a decision taken at the fifth session of the meeting of States parties to the United Nations Convention on the Law of the Sea to seek observer status for the Tribunal and to a related decision taken by the Tribunal last October.

As members are aware, the International Tribunal for the Law of the Sea is an institution established for the settlement of disputes by peaceful means, consistent with Article 2, paragraph 3, of the Charter of the United Nations and in accordance with part XV and annex VI of the United Nations Convention on the Law of the Sea. Its activities are closely related to those of the United Nations in the field of the law of the sea and ocean affairs, for which the Secretariat of the United Nations serves as the secretariat to the States parties to the Convention.

The Tribunal, as the central institution created under the Convention for the peaceful settlement of disputes, needs to be aware of all developments relating to the oceans and to the general principles for the peaceful settlement of disputes reflected in the work of the General Assembly. At the same time, the work of the Tribunal will contribute to the development of the law of the sea and to the general principles of the peaceful settlement of disputes; the General Assembly may wish to take such developments into account in its own work. Observer status for the Tribunal in the Assembly will greatly enhance this extremely useful flow of information, as it does for the International Court of Arbitration. The International Court of Justice of Justice at The Hague, on the other hand, is a United Nations organ and thus benefits automatically from the advantages which the Tribunal for the Law of the Sea should obtain through its observer status.

I am encouraged by the broad support that the Tribunal's request for observer status in the General Assembly has received from delegations. Observer status is essential for the effective work of the Tribunal, the central institution created under the Convention for the peaceful settlement of disputes. I therefore request the Assembly to give this draft resolution favourable consideration.

Mr. Sylvester (Belize)

Belize takes great pride in being numbered among the more than 60 delegations supporting the request being considered: to grant observer status in the General Assembly to the International Tribunal for the Law of the Sea.

The Tribunal's decision to seek observer status is consistent with the decision taken at the fifth meeting of the States Parties to the United Nations Convention on the Law of the Sea, held in New York last summer. The Tribunal has been invested with a legal personality. It is an institution established for the settlement of disputes by peaceful means in accordance with the provisions of the Charter of the United Nations and part XV of the United Nations Convention on the Law of the Sea. It has competence over matters governed by the Convention which relate to the maritime areas that encompass some 70 per cent of our planet.

The Tribunal's jurisdiction covers such subjects as delimitation, conservation of the marine environment, mining of the seabed and ocean floor beyond the limits of national jurisdiction, and fisheries. The activities of this new institution may therefore be seen as complementing efforts of the United Nations in the area of the law of the sea and ocean affairs. Mutual benefit can be derived from its access to the General Assembly's deliberations on such issues. The United Nations is undoubtedly a marketplace of ideas, resources and trends. Since the Tribunal should adjudicate many of the disputes relating to the Earth's seas and oceans, it needs exposure to this forum.

As a judicial organ, the Tribunal performs important functions in relation to the settlement of disputes and the preservation of peace and related concerns. It therefore needs easy access to information, documentation and discussion on issues being considered in such bodies as the Economic and Social Council, the Commission for Sustainable Development, the United Nations Environment Programme, and related committees and working groups. Naturally, the work of the Sixth Committee and various other legal bodies are of interest to the Tribunal.

As an entity with a full-scale administrative structure, the Tribunal will undoubtedly seek to interface with the administrative machinery of the United Nations. It will therefore wish to observe closely the workings of the Fifth Committee and related bodies.

The interrelated nature of the work of the Tribunal and that of the United Nations requires the establishment of a formal link. During this crucial start-up period, the full cooperation and support of the United Nations for the International Tribunal for the Law of the Sea is vital. We therefore request that the draft resolution before us be adopted by consensus.

Mr. Wilmot (Ghana)

The delegation of Ghana is pleased to be a sponsor of draft resolution A/51/L.56, which invites the Tribunal for the Law of the Sea to participate as an observer in the sessions and the work of the General Assembly.

The International Tribunal for the Law of the Sea is a key component of the new regime for the oceans established by the United Nations Convention on the Law of the Sea. As a forum for judicial settlement it will be a vital organ for the settlement of disputes by peaceful means in accordance with the relevant provisions of the United Nations Charter as well as part XV of the Convention on the Law of the Sea.

The Tribunal is specifically mandated to deal, inter alia, with many scientific and technology-related issues, including pollution, the environment, fisheries, deep-seabed mining, and delimitation. The international community's expectations of the Tribunal, as it readies itself to discharge its functions, make it necessary and urgent that the Tribunal be granted observer status in the General Assembly. It is our opinion that such status will expose the Tribunal to the resources, ideas and trends of the United Nations, and thereby enhance the Tribunal's effectiveness at all times.

Furthermore, the activities of the International Tribunal for the Law of the Sea are complementary to those of the United Nations in several spheres, particularly as the Secretary-General functions also as the focal point for the Convention and in the process plays the role of an agency of cooperation, collation and coordination. To enhance the continuous growth and consolidation of the interrelated activities which these two bodies undertake, it is necessary that the Tribunal be accorded observer status in the General Assembly. This would also be consistent with the previous granting of similar status to the Permanent Court of Arbitration and to the International Seabed Authority.

For all these reasons, Ghana supports the draft resolution which would grant the International Tribunal for the Law of the Sea observer status in the General Assembly. We urge that the draft resolution be adopted by consensus.

Mr. Ferrarin (Italy)

Italy wishes to express its full support for the draft resolution contained in document A/51/L.56, on observer status in the General Assembly to the International Tribunal for the Law of the Sea. My country is a sponsor of this draft resolution.

The establishment of the International Tribunal for the Law of the Sea, in accordance with the 1982 United Nations Convention on the Law of the Sea, represents an event of the utmost importance in ensuring the uniform interpretation of the rules of international law in this area, and, more generally, for the peaceful settlement of disputes between States. In this regard, the Tribunal's participation in the General Assembly as an observer is an essential tool for the Tribunal's effective performance of the functions conferred upon it.

Following the inauguration of the Tribunal last October, let me, on behalf of Italy, also convey to all the members and staff of the Tribunal best wishes for good and productive work. All members of the Tribunal have outstanding professional and personal qualifications for their jobs, and we are particularly proud of having an Italian scholar, Professor Tullio Treves, as a judge, and to see one of the Permanent Representatives to the United Nations, Ambassador Edward Laing of Belize, sitting also as a member of the Tribunal. We are sure that, thanks to the contributions of so many excellent personalities, the Tribunal will meet all our expectations.

The Acting President

We have heard the last speaker in the debate on this item. We shall now proceed to consider draft resolution A/51/L.56.

I shall now call on the representative of Turkey for an explanation of vote before action is taken on the draft resolution. May I remind her that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Ms. Baykal (Turkey)

Turkey has no objection to the draft resolution before us, entitled "Observer status for the International Tribunal for the Law of the Sea in the General Assembly". However, as the Tribunal is an institution established in accordance with the United Nations Convention on the Law of the Sea, Turkey would like, for the record, to reiterate its position regarding the Convention.

Turkey supports the purpose of the Convention, which is to establish a regime of the seas based on the principle of equity that can be acceptable to all States. However, the Convention does not make adequate provision for special geographical situations and, as a consequence, it is not able to establish an acceptable balance between conflicting interests. Furthermore, the Convention makes no provision for registering reservations on specific clauses. Although we agree with the general content and most of the provisions of the Convention, we are unable to become a party to it owing to these serious shortcomings. Thus, our acceptance of draft resolution A/51/L.56 does not in any way change our position with regard to the Convention.

The Acting President

We have heard the only speaker in explanation of vote before the voting. The Assembly will now take a decision on draft resolution A/51/L.56.

I should like to inform the Assembly that, since its introduction, Benin has become a sponsor of draft resolution A/51/L.56.

May I take it that the Assembly decides to adopt draft resolution A/51/L.56?

The Acting President

In accordance with the resolution just adopted, I now call on Mr. Gritakumar Chitty, Registrar of the International Tribunal for the Law of the Sea.

Mr. Chitty (International Tribunal for the Law of the Sea)

On behalf of the International Tribunal for the Law of the Sea, I acknowledge with appreciation the decision of the General Assembly to grant observer status to the Tribunal. I wish to express the gratitude of the President of the Tribunal, Mr. Thomas Mensah, and the other Judges of the Tribunal, and my own gratitude as Registrar, for the initiative taken by Germany, and for the support of other States in having the item entitled "Observer status for the International Tribunal for the Law of the Sea in the General Assembly", included in the agenda of the fifty-first session. I also wish to thank the representatives of the 59 States that originally sponsored the draft resolution contained in document A/51/L.56, which has just been adopted by the Assembly, and those that subsequently joined in sponsoring it. The resolution invites the Tribunal to participate in the sessions and the work of the General Assembly in the capacity of observer.

One of the primary purposes of the United Nations under the Charter is to maintain international peace and security. The legal regime established by the United Nations Convention on the Law of the Sea, under which the Tribunal was established, builds upon the foundations laid down in the United Nations Charter. The Tribunal will have an important role in the settlement of disputes by peaceful means consistent with Article 2, paragraph 3, of the Charter of the United Nations, and in accordance with Part XV of the Convention. It serves to encourage States parties, in conjunction with their obligations under Article 2, paragraph 2, of the Charter, to fulfil in good faith the obligations assumed under the Convention and under other international agreements.

The jurisdiction of the Tribunal, as set out in article 21 of its Statute, contained in Annex VI to the Convention, comprises all disputes and all applications submitted to it in accordance with the Convention, and all matters specifically provided for in any other agreement that confers jurisdiction on the Tribunal. The Tribunal is an institution of the Convention and an instrument created by it, specially instituted for the peaceful resolution of conflicts over the interpretation or application of the new international law of the sea. It seeks to preserve and secure a Convention so widely acceptable that it will endure for generations to come.

The Tribunal has an interest in the law of the sea and ocean affairs, including fisheries and navigation, the global environment, sustainable development, questions relating to administration, and other related matters considered by the General Assembly. The granting of observer status is therefore of the utmost importance, as it will enable the Tribunal to participate as an observer in the deliberations of the Assembly with respect to topics of interest to the Tribunal.

The problems of ocean space are closely interrelated and need to be considered as a whole, as the Convention states in its preamble. The activities of the Tribunal are complementary in many areas to those of the United Nations, especially in the field of the law of the sea and ocean affairs, for which the Secretary-General has broad responsibilities. The International Seabed Authority is the other organization established by the Convention. The Commission on the Limits of the Continental Shelf is due to be established shortly. The functions of the Secretary-General under the Convention include the important one of reporting on developments relating to the law of the sea. He does so annually to the General Assembly.

Furthermore, the Tribunal, created under the United Nations Convention on the Law of the Sea for the peaceful settlement of disputes, needs to be aware of all developments concerning the oceans and of all general principles and developments relating to peaceful settlements in accordance with the Charter. Therefore, the decision of the Assembly to grant observer status will not only serve to establish and consolidate links between the Tribunal and the United Nations, but will also assist both the General Assembly and the Tribunal in carrying out their work. It is envisaged that these links will shortly find expression and elaboration in a relationship agreement between the two organizations.

Once again, on behalf of the International Tribunal for the Law of the Sea, I wish to express appreciation for the decision of the General Assembly to grant observer status to the Tribunal, and I look forward to a relationship based on cooperation and understanding between the Tribunal and the United Nations. I take this opportunity to express appreciation to the Secretary-General, to the Legal Counsel and to the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs, for facilitating and supporting the establishment of the Tribunal leading up to its ceremonial inaugural session on 18 October 1996 in Hamburg, Germany, and even thereafter.

Consistent with resolution 51/34, adopted on 9 December 1996 under the item "Law of the Sea", it is anticipated that close collaborated will continue between the institutions of the Convention: the United Nations, with its Division for Ocean Affairs and the Law of the Sea serving as the secretariat of the Convention, the International Seabed Authority and the International Tribunal for the Law of the Sea.

I take this opportunity also to express to the Secretary-General-elect, Mr. Kofi Annan of Ghana, the warmest congratulations of the President of the Tribunal, Mr. Thomas Mensah, and the Judges of the Tribunal, and my own congratulations, on his elevation to the office of Secretary-General of the United Nations, an office whose incumbency he will adorn.

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 163?