General Assembly Session 52 meeting 57

Miss Durrant (Jamaica)

I have the honour, on behalf of States members of the Caribbean Community (CARICOM) -- Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago and my own country, Jamaica -- to speak on agenda item 39, "Oceans and the law of the sea".

The States members of the Caribbean Community all have strong maritime traditions and a natural interest in matters relating to the law of the sea and ocean affairs. We participated actively in the processes leading up to the adoption of the United Nations Convention on the Law of the Sea and to the establishment of important organs including the International Seabed Authority, the International Tribunal on the Law of the Sea and the Commission on the Limits of the Continental Shelf. We are pleased that these organs are now fully operational and have commenced their work, and we will continue to give full support to their activities and to the attainment of the objectives of the Convention.

States members of CARICOM thank the Secretary-General for the comprehensive reports contained in documents A/52/260, A/52/487, A/52/491, A/52/555 and A/52/557, and we wish to express appreciation to the Legal Counsel and to the staff of the Division for Ocean Affairs and the Law of the Sea for their work and for the assistance they have given to delegations.

We are very pleased that the International Seabed Authority has made good progress in its work. The drafting of a mining code is at an advanced stage and should be completed by the next session of the Assembly of the Authority in Kingston, Jamaica. A historic point was reached at the August 1997 session of the International Seabed Authority when the Authority approved the plans of work submitted by seven pioneer investors. We pay tribute to the first President of the Authority's Assembly, Ambassador Djalal of Indonesia, and to the first President of the Authority's Council, Mr. Lennox Ballah of Trinidad and Tobago, for the able manner in which they led the pioneering work of these important bodies of the Authority. We also commend the Secretary-General of the Authority, Mr. Nandan, for the direction and leadership that he continues to give to the secretariat of the Authority as it approaches the challenging tasks before it.

Caribbean Community delegations welcome the conclusion of a relationship agreement between the secretariat of the International Seabed Authority and the United Nations. The agreement is before the General Assembly as an annex to draft resolution A/52/L.27, and we invite delegations to give full support to that draft resolution.

The Authority has also requested membership in the United Nations Joint Staff Pension Fund, and we also urge the Assembly to support fully this proposal when it comes up for consideration.

Delegations of the Caribbean Community note with satisfaction that the international Tribunal for the Law of the Sea, under the presidency of His Excellency Mr. Thomas Mensah, has commenced its work in a practical way, and now has before it a matter for determination.

Our delegations recognize that certain law of the sea issues and issues of the environment and sustainable development are interrelated. We recognize especially the important and related efforts in the context of the United Nations Environment Programme, Agenda 21 and the Barbados Programme of Action for the Sustainable Development of Small Island Developing States, to which our delegations attach great importance. We are particularly concerned about the pollution of the marine environment and welcome the attention paid to this issue in draft resolution A/52/L.26.

The 29 countries that border the wider Caribbean region depend upon the health of the coastal zone for food, recreation and livelihood. We have taken steps to guard against pollution in one of the world's most popular bodies of water and in its sensitive marine ecosystems.

Through the Caribbean Environment Programme, the parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region have focused on the development of activities related to the development of the Protocol on Land-based Sources of Marine Pollution Protocol, the Global Plan of Action and the Protocol concerning Specially Protected Areas and Wildlife, and of activities on the conservation of coastal ecosystems, with its linkages to the private and tourism sectors.

We recognize the advances made in dealing with living marine resources, notably provisions relating to straddling fish stocks and highly migratory fish stocks. Our delegations strongly support ongoing efforts to ensure that these resources are exploited in an appropriate manner, with due regard to the rights of all States under the Convention and related agreements.

With the establishment of the principal organs of the Convention, which cover vital areas of global concern in accordance with the provisions of the Convention, the debate in the General Assembly on the law of the sea provides an important vehicle for ensuring that all elements of the Convention and activities thereunder are addressed in a coherent manner. The functions of the International Tribunal on the Law of the Sea in the area of the interpretation of the Convention and the adjudication of disputes thereunder, the duties of the international Seabed Authority in matters affecting the deep seabed and areas beyond national jurisdiction and the work of the Commission on the Limits of the Continental Shelf represent new and important dimensions in the implementation of the Convention. These are principal mechanisms for carrying out the objectives of the Convention. These bodies provide for the comprehensive handling of law of the sea issues in a complementary way within their respective areas of competence, thus avoiding unnecessary duplication and ensuring cost-effectiveness.

Our delegations also believe that the debate in the General Assembly can serve the useful purpose of assisting States parties, particularly developing countries, in conforming with their obligations and in maximizing the benefits which can arise from the implementation of the Convention.

Delegations of the Caribbean Community welcome the ongoing dialogue in relevant forums on the transfer by sea of hazardous wastes and nuclear fuel. These are issues of concern to all island States and to all coastal States which occupy sensitive and ecologically vulnerable maritime spaces. We expect the relevant bodies, particularly the International Maritime Organization and the International Atomic Energy Agency, to give due consideration to the concerns of States through whose waters these potentially dangerous items are transported.

As we prepare for the celebration in 1998 of the International Year of the Ocean, CARICOM delegations urge States that have not yet done so to become parties to the Convention and the Agreement, so that we may achieve the goal of universal participation as we seek to preserve the common heritage of mankind.

Mr. Yel'chenko (Ukraine)

The date 10 December 1997 marks the fifteenth anniversary of the signing of the United Nations Convention on the Law of the Sea. I had the honour to be a member of the Ukrainian delegation at the signing ceremony at Montego Bay, Jamaica, on that wonderful sunny day. No one who was present will ever forget the exciting atmosphere of accomplishment, hope and exhilaration.

The Convention is indisputably one of the major achievements of the United Nations. It is an outstanding multilateral instrument that holds great promise for the maintenance of peace, an equitable basis for sharing the resources of the world's oceans and a means of securing economic and social progress for all the peoples of the Earth.

The Convention is also an important means for promoting the economic and social development of all States. By dealing with such diverse and complex subjects as navigation or overflight, fishing and exploitation of marine mineral resources, conservation and prevention of pollution, it provides a framework for joint action on the path to development.

Several delegations have already emphasized that at the present session the item on the law of the sea has been expanded to include all ocean issues. The wider mandate is evidence of the importance Member States attach to the presentation of a global overview of these issues to the Assembly. Indeed, the General Assembly is the only global institution with the competence to conduct such a comprehensive annual review.

Document A/52/487 contains the report on oceans and the law of the sea prepared by the Secretary-General, who has been assigned a special responsibility in these matters by the Convention. The annual report gives us an excellent opportunity to concentrate our attention on and discuss all issues relating to the oceans in a holistic manner.

The oversight role of the General Assembly is expected to assume yet greater significance with universal acceptance of the Convention and to be further consolidated by the addition of the new law of the sea institutions to the wider group of international organizations responsible for various specialized aspects of ocean affairs.

It gives us pleasure to note the progress of the work of the International Seabed Authority. Last year it completed its initial organizational phase, and this year it commenced its functional phase. The most significant development during 1997 was the approval of plans of work for exploration of seven registered pioneer investors.

With the election of the Commission on the Limits of the Continental Shelf, the creation of three institutions mandated by the Convention is now complete.

There are three important issues on which the Commission requires advice from the Meeting of States Parties to the Convention. The first is how the Commission should handle a submission by a coastal State which may involve a delimitation dispute. Another is the issue of confidentiality and the protection of members of the Commission from possible financial liability arising from potential allegations of a breach of the rules of confidentiality. The delegation of Ukraine is of the view that the members of the Commission should be considered to be experts on mission for the United Nations under article VI of the Convention on the Privileges and Immunities of the United Nations. The third issue is whether the terms "coastal State" and "State", used in article 4 of annex II to the Law of the Sea Convention, include a non-State-party to the Convention. We hope that at their next Meeting the States parties will be able to consider and decide on these important issues.

In this connection, I would like to thank Ambassador Helmut Tuerk of Austria, who, in his capacity as President of the seventh Meeting of the States Parties, briefed the General Assembly on the progress of work at the Meeting and also referred to the items to be considered at the next Meeting. It is quite obvious that the bridge between the General Assembly and the Meeting was long overdue, and we are pleased that it has finally been established.

The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs (DOALOS), by virtue of the special responsibilities of the Secretary-General under the Convention and the oversight role of the General Assembly, is required to review and monitor all developments relating to the law of the sea and ocean affairs. The Convention provides for Meetings of States Parties to be convened by the Secretary-General. The Meeting has come to be regarded as an important component of the new system of ocean institutions, particularly in giving advice with regard to the interpretation of provisions of the Convention. We welcome this development.

While the Authority, the Tribunal and the Commission will all deal with specific aspects of ocean affairs and the law of the sea, the central programme on oceans at the United Nations concentrates on matters related to the overall implementation of the Convention. It focuses on the monitoring of State and regional practices and provides information, advice and assistance on the uniform and consistent application of the Convention in many fields of interest and concern for States and for international organizations. We share the views on these matters contained in the annual report of the Secretary-General.

For many years the General Assembly has repeatedly expressed its appreciation for the necessary and important tasks performed by the staff of the Division for Ocean Affairs and the Law of the Sea. In this connection, we cannot comprehend why the Office of Legal Affairs has reduced the number of Professional posts in the Division from 23 to 17 -- a reduction of 26 per cent -- and the General Service staff from 13 to 10 -- a reduction of 23 per cent -- when reductions on a similar scale were not proposed in other units of the Legal Office.

Although it is understandable that the financial situation of the Organization and the commitment of the Secretary-General to a reduction of 1,000 posts have forced a cutback of personnel, the question arises whether such a marked reduction in the Division's staffing is justified. To illustrate one of the reasons for our concern, we would like to draw attention to a previous report A/CONF.62/L.65 of the Secretary-General, prepared back in 1981, entitled "Potential financial implications for States parties to the future convention on the law of the sea". Paragraph 48 stated in reference to the Commission on the Limits of the Continental Shelf, currently serviced by the Secretary-General:

"To provide the necessary support services to the Commission, a secretariat comprising the following staff may be needed: 1 principal officer, 5 Professional and 6 General Service staff members."

That was in reference only -- I emphasize "only" -- to the secretariat servicing of the Commission, and not to any other functions of the unit, which eventually became the Division for Ocean Affairs and the Law of the Sea. It could be argued that the Commission was only recently elected and that there are still no submissions under consideration. I remind representatives that until last month there were also no cases before the International Tribunal for the Law of the Sea. The question arises whether at its current reduced staffing level the important functions of the Commission will be sufficiently supported when submissions begin to arrive? Will the Division's current staffing level allow all its other important functions to be properly executed?

I would like, through you, Mr. President, to ask the Fifth Committee to consider again the issue of the proper staffing level of the Division for Ocean Affairs and the Law of the Sea, and I call upon all delegations to support this action.

At the present session we are also considering developments in the field of the conservation and management of living marine resources. As always, we find the relevant reports very useful. They will serve us as effective tools in conducting any advanced research on these subjects.

The issues of fisheries and navigation are extremely important to Ukraine. In managing its long-distance fisheries, Ukraine cooperates with the coastal States on issues of conservation and the rational utilization of living resources. The protection of the marine environment and effective and balanced conservation remain priorities for Ukraine.

In Ukraine, the National Programme for the Development of Sea and River Transportation is about to be adopted. One of its goals is to improve national standards for the safety of navigation. Ukraine is in the process of certifying training centres, and intends to submit to the International Maritime Organization all relevant information regarding the new national system of training and certification of sailors.

The National System for the Registration of Vessels, currently at the drafting stage, is designed to define the obligations of owners of ships flying the Ukrainian flag. Ukraine is in the process of issuing national certificates to shipping companies as well as to vessels. It intends to become a full-fledged participant in the unified system of European internal transportation waterways. Ukraine has signed 13 bilateral treaties on trade navigation and 6 intergovernmental agreements on fisheries.

Ukraine is engaged in active cooperation with regional fisheries organizations and bodies dealing with the conservation of marine living resources. We are interested in developing cooperation with the North-East Atlantic Fisheries Commission and the North-West Atlantic Fisheries Organization.

Ukraine is working on a solution to the problem of unregulated fisheries in the River Danube. We consider vital the restoration of the activities of the Commission which was established on the basis of the 1958 Convention Concerning Fishing in the Waters of the Danube.

It gives me pleasure to convey to this forum that there are very positive developments in the Black Sea region. This year Ukraine took practical measures for the stabilization of the political situation in the area and for the improvement of bilateral cooperation in the field of international security, including maritime affairs, with two of its neighbouring countries, the Russian Federation and Romania.

The Prime Ministers of the Russian Federation and Ukraine signed three agreements on 28 May 1997 in Kiev regarding the Black Sea fleet. The information on these agreements is contained in paragraphs 370 to 373 of the report of the Secretary-General, document A/52/487. The conclusion of the agreements resolved the problem of ownership of the former Soviet Black Sea fleet. These and other agreements made it possible for the Presidents of the two countries to sign a comprehensive Treaty on Friendship, Cooperation and Partnership, which also refers to cooperation in the Black Sea region. Under the agreements, Russia will lease from Ukraine several Crimean bays, as well as other facilities in the Crimea for a 20-year period.

Following the signing of the Treaty on Neighbourly Relations and Cooperation by the Presidents of Ukraine and Romania on 2 June 1997 in Constanta, Romania, the Ministers of Foreign Affairs of the two countries, by an exchange of letters, concluded an Agreement defining the principles and procedures for the conclusion of a separate Treaty on the Regime of the State Frontier between the two countries. Under the Agreement, the Governments of Ukraine and Romania will negotiate another instrument: the Agreement on Strengthening of Confidence and Security in the Zones Adjacent to the Common State Frontier. Within the framework of this Agreement, the Government of Ukraine will undertake not to deploy offensive armaments on Serpent Island, which, according to the Agreement of 2 June 1997, belongs to Ukraine.

Ukraine and Romania will also conduct negotiations to conclude an Agreement on the Delimitation of the Continental Shelf and the Exclusive Economic Zones of both countries in the Black Sea, on the basis of the principles and procedures contained in, inter alia, article 121 of the United Nations Convention on the Law of the Sea. The States parties will abstain from the exploitation of any mineral resources in the zone within which the delimitation will be made until a decision on delimitation has been reached.

If the Agreement on Delimitation is not concluded within two years from the beginning of negotiations, the Governments of Ukraine and Romania agree that the matter of the delimitation of the continental shelf and the exclusive economic zones shall be submitted to the International Court of Justice on the request of either State party, provided that by that time the Treaty on the Regime of the State Frontier between Romania and Ukraine has already entered into force.

Ukraine has the honour of co-sponsoring the draft resolution contained in document A/52/L.26, so ably introduced by the representative of New Zealand. Ukraine is also co-sponsoring the draft resolution [A/52/L.29] on 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.