General Assembly Session 55 meeting 42

The President

I give the floor to the representative of the New Zealand to introduce draft resolution A/55/L.10.

Ms. Hallum (New Zealand)

I have the honour, as one of the coordinators, to introduce draft resolution A/55/L.10, entitled "Oceans and the law of the sea". The other draft resolution, which comes under item 34 (b), is entitled "Large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas, fisheries by-catch and discards, and other developments". It will be introduced by the representative of the United States.

Since the publication of the draft resolution, the following countries have become sponsors: Belize, Cape Verde, Costa Rica, Croatia, Cyprus, Grenada, India, Mozambique, Poland, the Russian Federation, Sao Tome and Principe, South Africa and Spain.

At the outset I would like to make two technical corrections to return the text to the wording I submitted for publication, following the conclusion of the open-ended consultations. First, in the second line of the tenth preambular paragraph the words "on Oceans and the Law of the Sea" should be deleted. The second adjustment relates to footnotes 7 and 14. Footnote 7 should read: "Terms of reference are annexed to the present resolution in annex I". Footnote 14 should read: "Terms of reference are annexed to the present resolution in annex II".

The draft resolution represents the key tangible product of the General Assembly's ongoing commitment to undertake an annual review and evaluation of the implementation of the United Nations Convention on the Law of the Sea and other developments in ocean affairs and the law of the sea. It is the result of a substantial series of open-ended consultations amongst delegations. I would like to express my appreciation to all delegations for their active participation and constructive spirit, and in particular to thank Ms. Alison Drayton of Guyana for acting as co-facilitator of the informal consultations. I would also like to thank the staff of the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs for their highly competent assistance, which, as always, was invaluable for our work.

The draft resolution's preambular part underlines a number of fundamental concepts, including the universal and unified character of the Convention; its role as legal framework for all activities in the oceans and seas and as a basis for action at the national, regional and global levels; the interrelatedness of all oceans issues and the need to address all aspects in an integrated manner; and the importance of oceans and seas to the earth's ecosystem and for food security. The preambular part also touches upon a number of important current issues, such as the need for capacity-building for the implementation of the Convention; the problems of illegal, unreported and unregulated fishing; the degradation of the marine environment both from land-based sources and pollution from ships; and crimes at sea.

First and foremost, in order to achieve the goal of universal participation, the draft resolution calls on all States that have not done so to ratify and implement the Convention and the Agreement, and urges assistance for developing countries in this regard. The operative part of the text contains a number of other important recommendations, decisions and requests, reflecting the range of issues covered by the Secretary-General's annual comprehensive report on oceans and the law of the sea. This year, for the first time, the General Assembly has had the benefit of the input of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea. A significant number of elements in the draft resolution draw on recommendations from the first meeting of this process.

The draft resolution refers in very positive terms to the ongoing work of the three institutions established under the Convention: the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. In the case of the Seabed Authority, the draft resolution welcomes the adoption of the mining code, an important milestone for the Authority, and notes with satisfaction that the Authority is now in a position to proceed to issue contracts to the registered pioneer investors. The draft resolution also notes the considerable progress in the work of the Commission on the Limits of the Continental Shelf, in particular the open meeting held earlier this year and the work the Commission has been doing on developing a training course on the preparation of submissions.

Drawing on recommendations made by the Consultative Process, the draft resolution addresses the issue of capacity-building for the implementation of the Convention and the sustainable development of the oceans and seas and their resources, calling on bilateral and multilateral donors and the Secretary-General, in cooperation with competent international organizations, to review their efforts in this area. It further asks the Secretary-General to include a section on this subject in his annual report on oceans and the law of the sea.

The draft resolution urges States to continue the development of an international plan of action to combat illegal, unregulated and unreported fishing as a matter of priority, and in this context recognize the central role that regional and subregional fisheries management organizations will have in addressing this issue. This issue is, of course, further taken up in the draft resolution to be adopted under agenda item 34 (b).

On the issue of marine pollution, the importance of the full implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities is emphasized. States are called upon to prioritize action on marine pollution and to do so in an integrated and inclusive manner. The United Nations Environment Programme and the World Bank are invited to consider what support is needed to overcome the obstacles to the preparation and implementation of national and local action programmes. The draft resolution also emphasizes the importance of ensuring that adverse impacts on the marine environment are taken into account when assessing and evaluating development programmes and projects. On the issue of pollution from ships, the draft resolution urges States to take all practicable steps in accordance with the relevant international instruments.

The draft resolution stresses the need for the international community to consider the issues of marine science and how best to implement the obligations of States and competent international organizations under parts XIII and XIV of the Convention. Perhaps as a starting point for this consideration, the draft resolution recommends issues of marine science -- and the development and transfer of marine technology -- as an area of focus for the next meeting of the Consultative Process in May 2001.

As in previous years, the draft resolution contains references to the problems of piracy and armed robbery at sea and to the ongoing work in the United Nations Educational, Scientific and Cultural Organization on underwater cultural heritage. Coordination and cooperation in combating piracy and armed robbery at sea are also recommended as an area of focus for next year's meeting of the Consultative Process.

Finally, the draft resolution establishes a number of voluntary trust funds to assist developing countries and developing country representatives in various matters relating to oceans and the law of the sea. In the case of two of these funds -- the fund to assist States in the settlement of disputes through the Tribunal and the fund to provide training to assist developing States with issues relating to the preparation of submissions to the Commission on the Limits of the Continental Shelf -- terms of reference are annexed to assist the Secretary-General in their administration.

While it would have been my preference to commend this draft resolution for adoption by consensus, I understand that this will not be possible, as it has become customary for one delegation to request a vote.

Allow me now to make some comments on behalf of my own country, New Zealand. Clearly, the oceans and seas are a genuine and long-standing preoccupation for my delegation. All countries have their own creation myths and stories and, in New Zealand's case, this account demonstrates the centrality of the oceans and their resources to our way of thinking. New Zealand is made of three islands - two large and one small - and one of the accounts of its creation goes as follows: Maui, a demigod, was fishing in his canoe and pulled up the largest fish he had ever caught. The fish struggled, but Maui fought fiercely and pounded the fish with his greenstone mere. Te-ika-a-Maui, the fish of Maui, became the north island of New Zealand, with the blows of his club forming the mountains and ranges Visible today. His canoe, Te-waka-a-Maui, become the south island, while the third and smallest island, Stewart Island, is the canoe's anchor stone.

As we look at the broad spectrum of issues contained in the Secretary-General's report and reflected in the draft resolutions to be adopted under this item, it is more apparent than ever that the problems of oceans and seas are interrelated and need to be considered as a whole. This principle is at the heart of the Convention and the same integrated approach needs to be taken to the implementation of the Convention and to the activities carried out within its framework.

As Ambassador Satya Nandan said two years ago in this Assembly, the establishment of the rule of law, albeit a major achievement, is not an end in itself, but rather a means to a more orderly and rational use of the oceans and their resources. We believe that the General Assembly has an important role in contributing to this end by maintaining oversight of the complex network of processes, organizations and responsibilities established by the Convention and ensuring that these activities take place in a way that accords with the overall balance achieved in the Convention.

We welcomed the establishment last year of the United Nations Open-ended Informal Consultative Process on Ocean Affairs and the Law of the Sea and the holding of its first meeting in May of this year. My delegation would like to pay a tribute to the dedicated efforts of the co-Chairmen, Ambassador Neroni Slade and Mr. Alan Simcock, in ensuring the success of the first meeting of the Consultative Process. We consider that the output of the Consultative Process has clearly enriched the informal consultations under this item and the resolutions to be adopted, and hopefully will now enrich the debate that we are to have today.

Our views will be incorporated in the Pacific Group statement being delivered later today by the Ambassador of Tonga, so at this stage I will confine myself to a few key issues of particular importance to my delegation. As we look at developments over recent years, we are encouraged that much of the work envisaged in the Convention is under way and that in many areas there is considerable progress. The Convention is really starting to work and breathe.

The United Nations Fish Stocks Agreement has yet to enter into force, but with two recent ratifications from Barbados and Luxembourg, only two further ratifications are lacking, so entry into force is not far away. In the area of marine living resources, a number of regions have gone ahead to conclude third-generation agreements establishing regional fisheries management organizations envisaged in the United Nations Fish Stocks Agreement. One of these regions is the Pacific, where we are pleased, after years of hard work, to have adopted the Western and Central Pacific Fisheries Convention. We consider that this Convention represents a fair balance between the rights and interests of coastal States and fishing nations, and hope that all countries will work together for the early entry into force of the Convention and to ensure that a solid foundation for the eventual work of the commission established under this Convention is laid through the preparatory-conference process.

The problem of illegal, unreported and unregulated fishing is finally getting the attention it deserves, although unfortunately the October consultations in the Food and Agriculture Organization of the United Nations (FAO) fell short of completing the urgently needed international plan of action. All States need to take action to ensure that the activities of their nationals do not undermine the conservation and management measures agreed upon by regional fisheries management organizations. It is essential that FAO adopt a comprehensive approach to ensure that all States that can have a role in deterring illegal, unreported and unregulated fishing do in fact take up the challenge. This includes coastal States, port States and those States whose nationals and companies, as well as vessels, fish on the high seas and in other countries' waters. This also means encouraging States to ensure that their nationals do not resort to reflagging to deliberately avoid conservation and management measures.

Turning now to non-living marine resources, we were very pleased that the International Seabed Authority has adopted the regulations on prospecting and exploration for polymetallic nodules in the Area. We are pleased that these regulations require that a precautionary approach be applied to activities in the Area to ensure effective protection of the marine environment. We look forward to the early conclusion of contracts for exploration between the Authority and the registered pioneer investors in accordance with those regulations.

The Commission on the Limits of the Continental Shelf has also made considerable progress in its work and will soon begin to receive submissions from States. We welcomed very much the first open meeting of the Commission held earlier this year and consider that this meeting filled a very important function in familiarizing States with what is involved in preparing a submission. In our own case, we are currently working towards making our submission within the 10-year time-frame set down in the Convention.

We look forward to a constructive debate and to participating over the coming year in the many activities that are taking place within the framework of the Convention.

The President

I call on the representative of the United States of America to introduce draft resolution A/55/L.11.

Mr. Carmichael (United States)

My delegation has the honour to co-sponsor the draft resolution entitled "Oceans and the law of the sea" in document A/55/L.10. We also have the honour to introduce, on behalf of the sponsors, the draft resolution entitled "Large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas, fisheries by-catch and discards, and other developments", in document A/55/L.11.

We would like to extend our gratitude to all those delegations that participated, and especially the delegations of New Zealand, Guyana and Argentina. They guided the discussions, offering valuable suggestions and advice as we worked together in a spirit of cooperation to draft these two texts.

We would also like to note that this year's fisheries resolution negotiations were attended by a significantly larger number of delegations than in recent years. We believe that this is reflective of the timely and important work that we are undertaking and underscores the importance of a balanced resolution that takes into account the priorities and problems facing the global community in achieving sustainable fisheries.

The United States believes that the draft resolution on fisheries before us today represents a successful merger of various regional and global priorities into a useful document that we sincerely hope the international community will fully endorse.

In the past several years, the international community has placed major emphasis on sustainable fisheries at both the governmental and intergovernmental levels. In 1999, the Committee on Fisheries (COFI) of the Food and Agriculture Organization of the United Nations (FAO) endorsed three International Plans of Action for the management of fishing capacity, for the conservation and management of sharks, and for reducing incidental catch of seabirds in longline fisheries. The United States welcomes their adoption and urges all countries to actively implement these important International Plans of Action in accordance with the timetables set forth in the plans.

In addition, this year the FAO's Committee on Fisheries made important progress in addressing the global problem of illegal, unreported and unregulated fishing, which undermines international and national efforts to conserve and manage fisheries resources. The United States strongly supports the FAO Committee's initiative to develop a comprehensive international plan of action to prevent, deter and eliminate this activity, and we have been participating actively in its development. We also wish to applaud the cooperation between the FAO and other United Nations bodies, such as the International Labour Organization and the International Maritime Organization, to combat this urgent problem.

We welcome the conclusion of negotiations to establish new regional fisheries management organizations in the Central and Western Pacific and the Southeast Atlantic Oceans. We would especially like to congratulate all those who participated in the adoption of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. This Convention establishes an effective system for conservation and long-term sustainability of the highly migratory species of the region. This region produces more than half of the world's annual tuna catch, which is often the only significant natural resource for small island developing States and island communities.

Marine pollution and the level of by-catch and discards in some commercial fisheries threaten the health of the marine ecosystem and the achievement of sustainable fisheries. Marine pollution and debris, from both land-generated and vessel-generated sources, can significantly affect the marine and coastal environment, commercial and artisanal fisheries, the tourism industry and navigational safety. Although there are international agreements that regulate marine pollution, more coordination is needed among all the relevant intergovernmental bodies, regional fisheries management organizations, industry and non-governmental organizations to effectively address this complex problem at both the global and regional levels.

In this regard, I note that it has been nearly a decade since the General Assembly unanimously adopted the resolution calling for the phase-out of all high seas drift-nets by 1992. Globally, we have made significant progress towards achieving this goal. Yet some illegal drift-netting with oversized nets continues. To end this hazardous fishery practice once and for all, countries must enforce fully General Assembly resolution 46/125 by calling for their relevant national authorities to confiscate and destroy illegal nets, impose fines significant enough to deter illegal drift-netting and, finally, to maintain a strong monitoring system.

The United States believes that nations took positive steps towards improved coordination and cooperation on matters relating to oceans and seas through the Informal Consultative Process on Oceans and the Law of the Sea.

The full General Assembly review and debate, presaged in the clear language of Agenda 21, is more informed, and the Secretary-General's report on oceans has become more meaningful and useful. Governments, intergovernmental organizations and major groups that take a keen interest in our work are all benefiting from this process. The informal process increases our contacts on ocean and coastal matters across Governments and ministries and widens the possibilities for future cooperation. We welcome the establishment of a trust fund to encourage greater participation of experts from all Member States in this process.

We believe that the international community benefited greatly from the discussion last May on protection of the marine environment from land-based activities. We must continue to look for opportunities to implement the Global Programme of Action. The upcoming review in 2001 provides such an opportunity. We also urge all to actively implement paragraphs 25 through 30 of the draft resolution before us.

Next year we will discuss marine science and piracy in the Informal Consultative Process. The marine science review will give us a chance to take a look at the science and technological sections set forth in chapter 17 of Agenda 21 to determine how much further we need to go to meet those goals. The piracy review is very timely and is particularly important to galvanize the further advancement of productive measures to address this serious threat to our seafarers, our oceans and our seas.

On the issue of marine science, we can think of many questions that should be reviewed. For instance, how can we better understand the coupled ocean/atmosphere system? How can we encourage the storage, archiving, analysis and full and open sharing of data and information resulting from scientific research on and monitoring of the marine environment? How can we improve the linkages of training opportunities with the regional environmental organizations?

What is the best way to ensure support for the implementation of the global ocean observing system? How can we best effect the coordination and integration of national and international programmes of scientific research on and long-term observations of the marine environment to take maximum advantage of the data and information necessary for understanding the oceans? How can we ensure the development of standards, procedures, methods and measuring techniques to ensure the comparability and compatibility of data and information? How can we promote the integrated and sustained observing systems, in particular the establishment of the Argo global array of profiling floats, a prototype element of the global ocean observing system?

How do we link cross-cutting issues, such as human health, seafood safety, capacity-building, sustainable fisheries and the role of the ocean in climate with existing marine science and operational programmes and national and regional plans of action on land-based sources of pollution to the marine environment? How can we achieve the linkages and collaboration among the various international organizations and institutions, including the United Nations system and international financial institutions, necessary to provide marine scientific information to decision-makers?

The United States also shares the concerns expressed in this draft resolution for the need to cooperate to suppress acts of piracy and armed robbery at sea. We welcome the call for wider ratification and effective implementation of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol. We believe this will provide an international legal basis for cooperation in the apprehension and prosecution of these criminals.

The United States wants to express its long-standing support for the 1982 United Nations Convention on the Law of the Sea. The United States continues to pursue ratification with the goal of becoming a party to the Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI.

We support the call in the draft resolution for States to harmonize as a matter of priority their national legislation with the provisions of the Convention on the Law of the Sea. Consistency would also be advanced -- and this is in the interests of all -- by the withdrawal of declarations and statements that are not in conformity with the Convention.

Concurrent with this idea of consistency is the ongoing work towards the development of a draft convention relating to underwater cultural heritage. Such a convention must be in full conformity with the relevant provisions of the Convention on the Law of the Sea.

We believe that the Commission on the Limits of the Continental Shelf can be a force for stability in ocean space. Essential elements of that stability include a cautious approach to thorny issues in the establishment of the outer limit of the continental shelf; the possibility of appropriate assistance to developing States, in particular the least-developed countries and small island developing States; a strict approach to ensuring confidentiality and an unvarying commitment to refrain from any actions which reflect negatively on the Commission or the Commissioners. In this regard, we support the terms of reference regarding the voluntary trust fund relating to the Commission and note the statement of the Chairman of the Commission of September 2000.

In summary, the United States objectives continue to be the promotion of widespread adherence to, and implementation of, the provisions of the Convention on the Law of the Sea and the 1994 Agreement; implementation of the Convention and the Agreement in a cost-effective manner with budgets held to the minimum; and the entry into force of the Agreement on fish stocks and the Food and Agriculture Organization Compliance Agreement.

The President

Before calling on the next speaker I should like to inform members that, owing to the large number of speakers inscribed in the debate on agenda item 34, the General Assembly will not be able to hear all the speakers this afternoon and will therefore hear the remaining speakers tomorrow, Friday, 27 October, at 3 p.m. with a view to concluding consideration of this item.

Mr. Boisson (Monaco)

Allow me first of all to express the thanks of my delegation to Ms. Alison Drayton of the Republic of Guyana and to Ms. Victoria Hallum of New Zealand for their enlightened conduct of the consultations on the draft resolution relating to oceans and the law of the sea that has just been presented and which the Principality of Monaco, as in previous sessions, has joined in sponsoring.

My delegation was among those which sponsored resolution 54/33 on the basis of which the General Assembly decided to set up the informal consultation process open to everybody on oceans and the law of the sea.

The first meeting showed to what extent we need to make maximum use of an integrated approach to all aspects -- legal, economic, social, environmental and others -- relating to oceans and the seas, and to improved coordination at the inter-governmental, inter-institutional levels, as well as at the regional, subregional and local levels, and thus enable the participation of the main groups identified in Agenda 21.

The success of these initial consultations is due primarily to the co-Presidents, Ambassador Slade of Samoa and Mr. Simcock of the United Kingdom -- and we are very happy to see the extension of their mandate -- and also to the Division for Ocean Affairs and the Law of the Sea. Their competence and their effective and well-advised conduct of the work and the constructive approach of the participating delegations enabled the first meeting to be a resounding success.

The results and the usefulness of the informal process will be evaluated at the fifty-seventh session of the General Assembly. Nevertheless, and without prejudice to discussions that will take place in two years, I would like to reaffirm the support of my delegation to this initiative which enables the General Assembly to better fulfil its annual mandate to examine and analyse ocean affairs and the law of the sea.

As we have seen, a few hours of formal meeting in the Assembly is not sufficient to enable us to pay due attention to the question of ocean affairs, and, in particular, to the areas where coordination and cooperation must be strengthened.

In saying this, we must draw attention to the increase in work faced by the Division for Ocean Affairs and the Law of the Sea and the Assembly must draw the necessary conclusions and enable the Division to continue its excellent work.

In this context, it would also seem to be essential to ensure effective participation of the developing countries in this process and, particularly, the participation of the least-developed countries, the small-island States as well as coastal States.

The Principality has always been a firm defender of the protection of the marine environment and its resources. This is an indissociable part of preserving the earth's ecosystem.

The fact that our small country is so open to the Mediterranean fully justifies its involvement in matters of regional and subregional cooperation and our action to promote sustainable management of the oceans, the seas and their resources and, in particular, the coastal areas, which are the most vulnerable because of the high density of population living there.

In this connection I would like to mention the recent events in which my country has been involved.

First, regarding the fight against pollution. At the beginning of this month, within the framework of the RAMOGE agreement and its anti-pollution plan, cooperation was established between Italy, France and Monaco for the protection of the marine and coastal environment, following which the first simulation exercise took place aimed at fighting pollution around the port of Genoa in Italy. Representatives of the European Economic Commission and the Mediterranean Action Plan took part in this exercise, whose aim was to measure the effectiveness of intervention measures in cases of accidental oil spills from tankers.

From 6 to 11 November, under the auspices of the United Nations Environment Programme, the third global meeting on regional seas conventions and action plans will take place. This meeting, organized by the International Atomic Energy Agency (IAEA) Marine Environment Laboratory, whose Headquarters is situated in the Principality, will enable us to promote cooperation between the bodies created by these Conventions and Action Plans for the implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities. Experts from some 20 United Nations agencies will also study the strengthening of the links between the programme relating to regional seas and other conventions and agreements, such as the Convention on Biological Diversity, the Convention on International Trade in Endangered Species, the Convention on the Conservation of Migratory Species, the Ramsar Convention on Wetlands and the Basle Convention on hazardous wastes. My country hopes that this will also be the opportunity to give a new stimulus to the Global Plan of Action for the Conservation, Management and Utilization of Marine Mammals. From 14 to 17 November, in Tunis, the Mediterranean Commission for Sustainable Development, of which Monaco is a member, will appraise the state of the Mediterranean environment as a whole.

With regard to the protection of marine resources, the parties to the agreement between France, Italy and Monaco for the protection of marine mammals, signed at Rome on 25 November 1999, met on 19 October to jointly begin scientific and technical work and to prepare the management structures for the planned sanctuary, ready for when the agreement enters into force. A scientific and technical committee will be established to assist the three Governments apply scientific knowledge to conservation, raising public awareness and communication activities, as well as the impact of human activities, such as tourism, fishing and sailing and boating, particularly involving speedboats and racing.

Finally, the Principality has offered to accommodate the Secretariat of the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, which will enter into force when another Mediterranean country deposits its instrument of ratification.

The Monaco Scientific Research Centre has begun, just a few days ago, to produce a map of the Mediterranean coastal area stretching from the French town of Toulon to the Italian border. Thanks to multispectral remote sensing, we have been able to draw up a positive balance sheet of this over-built area, which is also over-populated in summer. The presence of several habitats of posidonia, a plant which plays a vital role in the Mediterranean ecosystem, was particularly revealing. It shows that efforts with regard to the treatment of liquid waste and raising the consciousness of populations and yachts-people must be pursued.

Illegal, unreported and unregulated fishing must receive priority attention, because of its dangerous impact both on the management and sustainable exploitation of marine resources and on the economies of a number of countries. We hope that the plan of action of the Food and Agriculture Organization of the United Nations, to be presented to its Committee on Fisheries at the Committee's twenty-fourth session in February 2001, can be examined and adopted quickly. Recognition of the flag State's responsibility is, in our view, of prime importance.

Cooperation and coordination are also vital if we wish to stop the increasing, serious acts of piracy and armed theft that are unfortunately experienced by vessels and sailors. Given that two thirds of reported incidents occur in seven geographical zones, regional cooperation between the most affected coastal States is essential. The International Maritime Organization, which established a working group to establish guidelines on this matter, has also drawn the Assembly's attention to the assistance that other United Nations bodies could give to this vital initiative. My Government, of course, favours this. The question should be included on the agenda of the next meeting of the Informal Consultative Process, so that Member States can consider the question and draw up concrete measures.

The Commission on the Limits of the Continental Shelf held a public meeting on 1 May 2000, at which we were able to stress concerns about the difficulties a number of developing countries face in preparing submissions to establish the outer limits of their continental shelf beyond 200 nautical miles, as set forth in article 4 of annex II to the United Nations Convention on the Law of the Sea. My delegation welcomes the attention paid to this delicate question in the draft resolution.

Before concluding, I wish to pay tribute to the International Seabed Authority, whose Assembly adopted on 13 July 2000 the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. A new era is about to begin that will offer the Authority the opportunity to conclude contracts with the pioneer investors in accordance with the Convention, the Agreement relating to the Implementation of Part XI and the regulations.

I take this opportunity to thank the Authority's Secretary-General, Mr. Satya Nandan, for his tireless efforts and dedication.

Mr. Alabrune (France)

It is my honour to speak on behalf of the European Union on this agenda item "Oceans and the law of the sea". The Central and Eastern European countries associated with the European Union -- Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia -- and the associated countries Cyprus and Malta align themselves with this statement.

The preparation and subsequent entry into force of the Montego Bay Convention marked major progress in strengthening international cooperation in maritime matters. However, over and above the contribution of this valuable legal instrument, there is an urgent need to informally strengthen this cooperation in order to protect the marine environment and avoid the risk of overexploitation of natural marine resources. That is why last year, on the recommendation of the Commission on Sustainable Development, the General Assembly introduced in resolution 54/33 the Informal Consultative Process on Oceans and the law of the Sea, which, through an integrated approach to all pertinent aspects of ocean affairs, should facilitate the General Assembly's yearly review of developments in this area.

The first meeting of the Informal Consultative Process was held in New York from 30 May to 2 June 2000. Conducted in a spirit of consensus, with the participation of competent international agencies and organizations and representatives of civil society, its work proved most fruitful. The European Union reaffirms its full support for the Informal Consultative Process and fully endorses the recommendations of its report. It emphasizes in particular the need to support the fight against illegal, unreported and unregulated fishing and marine pollution.

The thoughts expressed during the Informal Consultative Process once again illustrated the relevance of the legal framework provided by the United Nations Convention on the Law of the Sea. By their very nature, questions connected with oceans and the law of the sea require a broad approach. In this regard, the Montego Bay Convention remains a vital underpinning of all the international community's efforts in the areas of exploitation of the marine environment and the promotion of peace and security on the high seas.

In view of the major role played by the Convention and by the Agreement relating to the implementation of Part XI, the European Union stresses that it is the aim to secure universal accession to those two instruments, to which the European Union is party. We welcome the increase in the number of parties to those instruments, to 135 for the Convention and to 100 for the Agreement relating to the implementation of Part XI. Because of their universal character, the European Union calls for the inclusion of the Convention and the Agreement in the Secretariat's list of major international instruments to be signed and ratified as a matter of priority.

At the same time, we note with concern that some States have acceded to the Convention and not to the Agreement relating to the implementation of Part XI. We call upon those States to accede to the Agreement as soon as possible. Moreover, a number of States have made statements that affect the legal scope of provisions of the Convention. Article 309 of the Convention states that no reservations or exceptions may be made to the Convention. The European Union thus stresses that such statements are without legal force. Similarly, the espousal or introduction in the national law of States parties or in international agreements of provisions that run counter to the Convention is unacceptable to us.

We believe also that the smooth functioning of bodies established under the Convention is crucial. The European Union welcomes the fact that the International Tribunal for the Law of the Sea is now operational, and it welcomes the International Seabed Authority's adoption, after four years of work, of a draft seabed mining code with respect to exploration and exploitation of the seabed.

The European Union stresses the vital importance of parties to the Convention paying their contributions to the Authority and to the Tribunal on time. Likewise, States that are former provisional members of the Authority should, where necessary, settle their debts. This process of financial rationalization should be accompanied by a sustained effort by the Authority and the Tribunal to control their operating costs. Here, the European Union expresses its satisfaction with respect to the stabilization of the Authority's budget at the end of its establishment phase. It is imperative also that the judgements of the Tribunal be promptly implemented by the parties concerned.

The European Union stresses the importance of the new trust funds that would be established by the terms of draft resolution A/55/L.10, "Oceans and the law of the sea", especially those intended to assist States with the settlement of disputes through the Tribunal and to facilitate broad participation in the informal consultative process. The United Kingdom, a member of the European Union, has already decided to contribute $10,000 to the Tribunal trust fund.

The European Union expresses its satisfaction with draft resolution A/55/L.10, entitled "Oceans and the law of the sea", on which action will be taken at the present session. We also join in congratulating Ms. Alison Drayton and Ms. Victoria Hallum, who coordinated the preparation of the draft resolution. The text takes into account the proposals formulated at the first meeting of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, designed, in particular, to strengthen international cooperation and coordination in ocean affairs with a view to ensuring sustainable use of the oceans.

The European Union further welcomes the fact that the next meeting of the Open-ended Informal Consultative Process will be devoted to marine science and technology transfers, relating in particular to capacity-building. The European Union stresses the important role of marine science and technology in promoting the sustainable management and use of the oceans, and it recognizes the need to address such questions, especially in specific areas where international cooperation and coordination could be improved, in accordance with parts XIII and XIV of the Convention, and with Agenda 21.

Issues of maritime safety and security remain a major European Union concern. We note with concern the increase in the number of often violent attacks on ships. Here, we stress the great importance of the work that the International Maritime Organization (IMO) has been doing for a number of years to combat piracy, work which has given us a better understanding of the phenomenon and of how to deal with it. The European Union thus renews its appeal to coastal States to cooperate among themselves and to take the necessary steps, inter alia, to bring the perpetrators of such attacks to book. We further call on flag States and other affected States to ensure that shipping companies take full account of the need to protect their vessels and crews from such attacks. The European Union reaffirms its support for the efforts and initiatives of the International Maritime Organization in that sphere, and calls upon Governments, especially those in areas that are worst affected, to work with the IMO to eradicate these crimes.

The European Union looks forward to the consideration at the next meeting of the Informal Consultative Process of the issue of piracy and armed robbery at sea. We hope for the broadest possible participation in the debate to help improve understanding of the full extent of the problem and of the need for all States to do what is necessary to reduce the number of these attacks.

Particular sea routes are often preferred by traffickers, particularly those who traffic in migrants. To stop such trafficking, States members of the European Union have been actively involved in the preparation of a draft protocol against the smuggling of migrants by land, air and sea as part of the process of preparing a convention against transnational organized crime, under the auspices of the United Nations Commission on Crime Prevention and Criminal Justice. The European Union believes that such activities must be internationally criminalized, and that cooperation among States should be strengthened in this area.

The European Union reiterates the importance of protecting marine natural resources. Last year, the General Assembly, in its resolution 54/32, 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", noted the fragility of stocks of marine natural resources. This remains a pressing issue this year, and we call upon Member States to sign and ratify that Agreement. The European Community and its member States signed it in 1996, and instruments of ratification will be deposited upon completion of each State's internal constitutional procedures. The European Union recalls the equitable balance of interests reflected in the drafting of the Agreement, and the Union vigorously urges all signatory States fully to respect every provision of the Agreement without applying interpretations that go beyond the general principles of the United Nations Convention on the Law of the Sea.

Here, it is worth recalling the need to strengthen international cooperation in the conservation and sustainable management of fish resources. The European Union therefore strongly supports the establishment and strengthening of regional fisheries organizations. We deem it necessary, however, to recall that the development of these organizations should take place with due regard for the principles of the law of the sea and in the context of respect for a balance between the rights and obligations of States on the high seas. Furthermore, these organizations should be open to all States with genuine fishing interests in the fisheries that they administer.

The European Union believes also that the Code of Conduct for Responsible Fisheries, drafted under the auspices of the Food and Agriculture Organization of the United Nations (FAO), is a particularly useful tool, and it continues to recommend its use by all national and regional bodies responsible for administering fisheries. We believe that the adoption of this Code will lead to the fair and sustainable management of resources. We thank the FAO for its efforts to promote this Code of Conduct. For our part, we will ensure that the Code governs the relations of the European Community and developing States with respect to fishing activities.

Within the framework of this Code, the main priority is to continue work on an international plan of action to prevent and eliminate illegal, unreported and unregulated fishing. The European Union hopes that the meeting in 2001 of the FAO Committee on Fisheries will lead to the adoption of a dynamic plan that includes a comprehensive set of tools to deal with illegal fishing, including all those already in place or being developed in regional fisheries management organizations. These include, for instance, measures relating to port State control, trade-related measures, and -- without prejudice to the essential role of the flag State -- measures against nationals engaged in illegal fishing activities.

The European Union considers the issue of marine pollution from land-based sources to be a matter of the great importance. We therefore welcome the quality and richness of the discussions held in the framework of the first meeting of the Informal Consultative Process on ocean affairs. We fully share the view that it is absolutely necessary, in the pursuit of the goal of sustainable development, to make use of a more integrated approach in fighting pollution and the degradation of the marine environment and in combating its harmful effects on health, on the economy and on society.

To this end, we also believe it necessary to promote the effective implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and to ensure that its objectives are adequately and effectively translated into local, national and regional plans of action and fully taken into account in the work of international financial institutions and of bilateral and multilateral donors.

We believe also that the combat against marine pollution from land-based sources can be truly effective only if it is waged at the level of the entire catchment basin, with priority accorded to prevention measures at the source. We therefore favour the development of an integrated approach to coastal zone management and to the catchment basin as a whole that takes into account the ecosystems concerned. In this regard, we deem it essential to promote capacity-building at all levels, particularly the local level, especially in developing countries.

We are concerned, however, at the risks posed by maritime transport activities that do not respect the safety rules prescribed by international regulations. With regard to pollution from vessels, several matters remain to be resolved, despite their social, economic and environmental importance. These relate in particular to the implementation of the relevant international legal instruments, the transport of goods, safety rules, and the rules governing routing and flag changes.

The European Union stresses also the importance of the protection of the underwater cultural heritage. We hope that all interested parties will continue to play an active role in the elaboration of a United Nations Educational, Scientific and Cultural Organization (UNESCO) draft convention.

The European Union welcomes the efforts of the Secretariat to improve the report and the timeliness of its publication. It encourages the Secretariat to find ways and means of making further improvements, in accordance with paragraph 42 of the draft resolution on "Oceans and the law of the sea", which contains suggestions on improving coordination on ocean issues. This year's report and subsequent efforts will confirm our confidence in the ability of the Secretariat to deal with this issue competently and efficiently.

Finally, we would like once again to encourage the continuation of the discussions begun within the consultative process on oceans and law of the sea, a process which, we believe, has made an important and effective contribution to preparations for, and to the richness of, today's debate.

Mr. Longva (Norway)

The entry into force in 1994 of the 1982 United Nations Convention on the Law of the Sea was an event of historic significance. The Convention remains the fundamental legal framework within which all activities related to the oceans must be considered.

The implementation of the Convention involves important parts of the United Nations system. Under the Convention and related resolutions of the Third United Nations Conference of the Law of the Sea, important responsibilities are entrusted to the Secretary-General. In its pertinent resolutions, the General Assembly has requested the Secretary-General to carry out these responsibilities. Different provisions of the Convention assign important tasks with respect to its implementation to competent international organizations, such as the International Maritime Organization (IMO) and the Food and Agriculture Organization of the United Nations (FAO). The institutions established under the Convention itself, including the Meeting of States Parties, have their own specific tasks with respect to its implementation. The General Assembly is the only global body with the competence to undertake overall reviews and evaluations of the implementation of the Convention and other developments relating to ocean affairs and the law of the sea.

In its resolution 49/28, the General Assembly decided to undertake an annual review and evaluation on the basis of a comprehensive report prepared by the Secretary-General. Norway attaches the utmost importance to this mechanism, which is also an implementation of article 319, paragraph 2, subparagraph (a) of the Convention on the Law of the Sea.

Since the entry into force of UNCLOS, the establishment of the institutions created under the Convention has been the main challenge with respect to its implementation. The International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf are now established and working. This is no minor achievement, given the short period of time that has elapsed since 1994.

In the view of the Norwegian Government, the next important task with respect to the implementation of UNCLOS is a follow-up to part XII, on protection and preservation of the marine environment, part XIII, on marine scientific research and part XIV, on development and transfer of marine technology. These are tasks which will require international cooperation at both the global and regional levels. Furthermore, they will necessitate increased national attention and legislative action if we are to make better use of the provisions of these parts of UNCLOS.

An important task with respect to the implementation of UNCLOS is the follow-up to part XIV, on development and transfer of marine technology. Appropriate international funding for ocean research and development is an important aspect of this task. Many States, especially developing States, have a need for advice and assistance in implementing the Convention and developing and strengthening their capabilities in order to enable them to benefit fully from the legal regime for the seas and oceans established by the Convention.

Today, an urgent challenge with respect to development and transfer of marine technology is that of providing the least developed States, including small island developing States, with adequate funding and technical assistance for the submission of technical and scientific data to the Commission on the Limits of the Continental Shelf, in accordance with article 76 of UNCLOS.

We are conscious of the need for States that have a continental shelf which extends beyond 200 miles to devote appropriate national resources to carrying out the preparatory work needed for the submission of information to the Commission. For relevant least developed countries in particular, including small island developing States, this may represent a considerable expenditure in the short term, while having a bearing on the future mapping of the natural resources of the continental shelf. Norway acknowledges the importance of adequate support in this context.

We consider it both timely and appropriate, therefore, to endeavour to take forward, at this General Assembly session, in cooperation with other States, the recommendation from the Tenth Meeting of States Parties to the Convention, to establish a voluntary trust fund intended to assist these States, both in respect of the scientific and technical requirements to be met in making a submission and of the ability to comply with the time limit set forth in the Convention. We see the establishment of such a fund as a contribution to promoting and implementing important principles of part XIV of the Convention, on development and transfer of marine technology.

I have the pleasure to announce that as soon as the trust fund has been established, Norway will make a contribution of $1 million, subject to Parliamentary approval of the Government's budgetary proposal in the immediate future. We urge other States, as well as international organizations and other bodies, to match this contribution.

There have been important and substantial developments related to the work of the three institutions created by the Convention. We are pleased that the International Seabed Authority was able to complete its sixth session with the adoption, on 13 July 2000, of Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area for mining activities in the Area -- the so-called mining code. The Authority is now able to proceed to issue contracts for exploration with the seven registered pioneer investors whose plans of work were approved by the Council of the Authority in 1997.

The International Tribunal for the Law of the Sea is demonstrating an effective role pursuant to the Convention. The Tribunal is one of several means of dispute settlement procedures that States parties may choose under article 287 of the Convention. The burden of costs should not influence the decision on the choice of settlement procedure. We support the establishment of a trust fund to provide financial assistance to States parties for expenses incurred in connection with cases submitted, or to be submitted, to the Tribunal. Norway will also consider contributing to this fund.

As regards the Commission for the delimitation of the outer limits of the continental shelf, we were quite satisfied with the useful, high-quality presentations given by the Commission at its open meeting in New York on 1 May this year. The meeting was intended to familiarize representatives of coastal States with the issue of the delineation of the outer limits of the continental shelf and the functions of the Commission in that respect. The Commission is currently prepared both to accept submissions from coastal States and to provide any scientific and technical advice that States preparing submissions may wish to obtain. Information on the limits should be submitted to the Commission within 10 years of the entry into force of the Convention for that State.

The International Maritime Organization (IMO) is one of the main competent organizations under the Convention and the appropriate forum to address and adopt safety and pollution prevention standards affecting international shipping. Norway welcomes the IMO's substantive work on regulating the prevention of pollution of the marine environment by ships, and appreciated the Organization's follow-up on the proposals instigated in the wake of the sinking of the oil tanker Erika in December 1999. As in the past, we are certain of the Organization's ability to act in a decisive and expeditious manner on suggestions put before it.

Norway was among the early ratifiers of the United Nations Agreement on Fish Stocks. We are concerned that today, more than four years after its adoption, it has still not entered into force. We urge other States to ratify and implement the Agreement as soon as possible. At the same time, however, it ought to be stressed again that the status of fisheries on the high seas in certain areas is so alarming that one cannot await the entry into force of the United Nations Agreement in order to take appropriate action. Unregulated fisheries need to be brought under control, and this is a precondition for the sustainable development of fisheries. In this connection, we recognize the strides made by existing regional fisheries organizations and arrangements, such as the North-East Atlantic Fisheries Commission and the North-West Atlantic Fisheries Organization, including the adoption of mandatory vessel-monitoring systems.

We are pleased to welcome the conclusion of successful negotiations on the establishment of new regional fisheries management organizations into heretofore unmanaged fisheries in the South-East Atlantic and the Western and Central Pacific.

In an attempt to further discourage unregulated fisheries on the high seas, Norway adopted regulations stating that an application for a licence to fish in the Norwegian economic zone may be denied or withdrawn if the vessel in question, or its owner, has participated in unregulated fisheries on the high seas involving fish stocks that are subject to regulation in waters under Norwegian fisheries jurisdiction.

The provisions imply, inter alia, that a given vessel may also be denied a fishing licence in Norwegian waters even if it is operated by persons other than those who participate in the unregulated fishing concerned. Last year, these regulations were amended to include fishing operations that contravene regulatory measures laid down by regional fisheries organizations and with regard to fish stocks other than those subject to regulation in waters under Norwegian jurisdiction. Since this has reduced the second-hand market value of any vessel that has participated in unregulated fishing, it has proved to be an effective tool in combating unregulated fisheries.

Illegal, unregulated and unreported fishing also occurs in zones under the national jurisdiction of coastal States, particularly developing coastal States, in violation of their rights and jurisdiction to conserve and manage the living marine resources in those areas. Norway recognizes the need for capacity-building to ensure that, developing States especially, have the ability to benefit from the sustainable development of their marine resources and to provide assistance to developing States in upgrading their capabilities in monitoring, control and enforcement of fishing regulations.

The technical consultations that took place at the Food and Agriculture Organization of the United Nations (FAO) Headquarters in Rome earlier this month aimed at agreeing on an international plan of action to combat illegal, unregulated and unreported fishing are both timely and necessary. We support the efforts to bring these negotiations to a successful conclusion in time for the adoption of a plan of action by the FAO Committee on Fisheries in February 2001.

The large over-investment and consequently, over-capacity, in the world's fishing fleets is another urgent issue that needs to be addressed. All States should take action in this regard by actively taking measures to bring their fishing fleets in balance with the carrying capacity of available resources. Subsidies leading to over-capacity should be eliminated. Decommissioning schemes should be introduced when appropriate. Norway will continue to participate in a constructive manner in work on this issue, within both the FAO and the World Trade Organization (WTO).

Norway is following closely the work being carried out within a meeting of governmental experts convened by the United Nations Educational, Scientific and Cultural Organization (UNESCO) to consider a draft convention for the protection of underwater cultural heritage. While being conscious of the need to ensure proper protection of that cultural heritage, it is in our view imperative that new regulations in this field must be in full conformity with the relevant provisions of the United Nations Conference on the Law of the Sea, including those concerning the rights and jurisdiction of the coastal State and the rights and freedom of other States in the exclusive economic zone and on the continental shelf, and those concerning the freedom of the high seas. Consensus on this point is essential if a draft text is to be considered for adoption.

Norway is of the opinion that a possible new legal instrument should be linked to the United Nations Conference on the Law of the Sea in the same way as the United Nations Agreement on fish stocks is. We are convinced that the United Nations General Assembly, through consideration of its agenda item on "Oceans and the law of the sea", can and should provide the necessary guidance and coordination to the ongoing work within UNESCO on the protection of the underwater cultural heritage. In our view, the UNESCO General Conference should transmit to the United Nations General Assembly a possible draft text for a new international instrument for appropriate consideration and possible adoption.

The Secretary-General's report on oceans and the law of the sea, which constitutes the basis for our debate today, documents a dynamic and expanding oceans agenda. It is important that the General Assembly be up to this challenge. The question of what form this debate should take in the future has been raised. It is a widely held view that more time and attention should be devoted by the Assembly to the Secretary-General's annual report on oceans and law of the sea. The open-ended informal consultative process established for a three-year period in resolution 54/33 must be seen against this background. Substantive elements that emerged from the first meeting of this process have contributed to a broader understanding of issues covered by the Secretary-General's report.

The review of the effectiveness and utility of the informal consultative process at the fifty-seventh session in 2002 will give us a good opportunity to take stock of the progress made and to decide the direction to be taken in the future.

Mr. King (Canada)

I am pleased to be here today to share with you Canada's perspective on the importance of sound oceans management. Indeed, today's debate provides an excellent opportunity to reflect on our ocean responsibilities -- how we care for and manage the seas, now and in the years to come. We have an opportunity as ocean nations, in particular, to renew our global commitment to the sustainable use and responsible development of oceans and their resources.

Canada certainly considers itself to be an ocean nation. We have long had a significant stake in ensuring the health and well-being of our oceans. We are one of the few States in the world that borders on three oceans. Our history and trade are inextricably linked to the sea. Today, our oceans remain the base upon which our coastal communities grow and flourish. We continue to prosper from them. And they still play a key role in shaping our identity as Canadians.

Mr. King (Canada)

But today, Canada, like other nations around the world, is expanding its conception of what our oceans can provide. Traditional activities like fishing and shipping are now being joined by new and rapidly expanding activities like tourism, aquaculture, and oil and gas exportation. While this growth in activity is positive, managing this growth well means striking a sometimes delicate balance. We want to give new ocean activities room to grow and flourish, but we also want to protect our precious coastal and marine environments for future generations.

Other ocean nations also share these concerns. In recent decades, throughout the world, our attitudes towards our oceans have changed. They are no longer seen as limitless. Their increasing vulnerability, over both the short and long terms, is a harsh reality that we are facing at a global level.

Mr. King (Canada)

This vulnerability affects the international community as a whole. That is why we must find solutions as a whole. It is as a community that we must take the steps necessary to conserve and protect this exceptional heritage for present and future generations.

We must do this in two interrelated steps -- at the national level and at the international level. It was in this spirit that Canada became the first nation in the world to adopt an Oceans Act in 1997. The Act is our national blueprint for managing the relationship between our land and our three oceans in a fully integrated and sustainable way.

The Act clearly establishes, for the first time, the principles we want to foster in our oceans-management activities, principles like sustainable development and the precautionary and ecosystem approaches. It also gives us the specific legal and regulatory mechanisms we need to make our commitment to healthy oceans a reality. But it does something more.

Mr. King (Canada)

To truly manage our oceans well, we must share the responsibility of stewardship and find ways to actively engage citizens in the process. In Canada, there are a host of interest groups that want to be part of the process. These include governments, industry, municipalities and indigenous communities. In all our activities we must find the best ways to balance these groups' different needs and perspectives, be they social, cultural, environmental or economic.

This is why the Oceans Act provides an effective mechanism to engage these groups in order to come up with the best possible mix of conservation, sustainable use and lasting economic development for our oceans in the years ahead. In short, the Act's commitment to integrated management is helping us to increase Canadians' involvement in the management of our oceans.

Mr. King (Canada)

We are already seeing tangible results through our Integrated Management Programme and our work to identify marine protected areas. But our commitment to integrated management is not confined within our borders. Indeed, the challenges related to Canada's domestic oceans strongly parallel those we face at the international level. That is why we need to find overall "oceans solutions".

The challenge for us as a community is to find ways for diverse interested parties to participate meaningfully in planning and decision-making, while avoiding duplication and waste. This need for improved cooperation and integration on the global front resulted in the creation of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS). The instruction mandate given to UNICPOLOS by the General Assembly made it very clear that coordination and cooperation should be made a top priority.

Mr. King (Canada)

Improved coordination is exactly what we need -- locally, regionally and globally. In fact, since Rio in 1992, several international bodies have issued calls to work towards this goal. UNICPOLOS is translating this commitment into reality.

Canada is very pleased with the results of the first UNICPOLOS meeting, which have been carried forward in the draft resolution currently before the General Assembly.

Mr. King (Canada)

From that meeting, we have gained the impression that the informality of UNICPOLOS is clearly its strength. We should strive to keep this process informal and encourage more direct exchanges between delegations and experts. In that way, UNICPOLOS can become an effective sounding board for new ideas about international oceans governance.

Take the Global Programme of Action, which was discussed at UNICPOLOS. The Programme encourages States to develop regional and national programmes to prevent, reduce and control land-based activities that degrade the marine environment. In Canada, we attach great importance to the Global Programme. On 8 June 2000 -- Oceans Day in Canada -- Canada became the first country in the world to develop its own National Programme of Action as part of the Global Programme. Canada's National Programme is giving us a strong and effective mechanism to bring different levels of government together to find cooperative, shared solutions. As a result, numerous initiatives are now in place, with the involvement of all levels of government.

In this context, I am pleased to announce that Canada will host the first five-year intergovernmental review of the Global Programme of Action in the fall of 2001. At this review we will all have the opportunity to measure our progress so far. I would like to take this opportunity to formally invite all Governments to participate in this review. (spoke in French)

Let me now turn to an area of particular concern to Canada: fishing. In the fishing industry, the need to use the tools we have at our disposal is apparent. The problems besetting the world's fisheries are well known: too much capacity, too much killing power, too much rule-breaking and too little cooperation. Fortunately, the solutions to these problems are also known: reduction of capacity, management of stocks throughout their range and conservation measures based on scientific data and effective implementation.

Mr. King (Canada)

These solutions have been embodied in three international instruments: the 1995 United Nations Agreement on Straddling and Highly Migratory Fish Stocks, the Compliance Agreement of the Food and Agriculture Organization of the United Nations (FAO) and the FAO Code of Conduct. They are also being addressed in an initiative currently under way in the FAO to create an international plan of action on illegal, unregulated and unreported fishing. UNICPOLOS also had a role to play here, dedicating a panel to this widespread problem.

We are heartened that the 1995 United Nations Agreement on Straddling and Highly Migratory Fish Stocks is rapidly approaching entry into force. The 1995 Agreement is the most important tool we have to deal with the problems facing the world's fisheries. The Agreement's strength lies in several areas: in its guiding principles, such as the precautionary approach, for the establishment of conservation and management measures; in the obligations it places upon all States parties not to undermine conservation and management measures taken by a regional fisheries management organization, whether or not they are a member of that organization; in its non-flag State enforcement regime; and in its binding dispute-settlement procedures.

However, agreements are worth little if they are not ratified and implemented. For its part, Canada ratified the 1995 Agreement in 1999 and has brought its domestic and foreign fisheries policies in line with the Agreement. We are also working hard to ensure that the Agreement is implemented in the regional fisheries-management organizations to which Canada belongs.

Canada would urge all countries to become party to the 1995 Agreement and then work to ensure the full implementation of their obligations under that Agreement. In particular, States must ensure that the Agreement is fully applied within regional fisheries management organizations.

Mr. King (Canada)

Canada is under no illusions with regard to solving the problems of the world's fisheries. We understand the extent of these problems. However, we can and must put an end to the exhaustion of fish stocks. If we fail to do so, it is because we have failed collectively, at the international level, to use the tools available to us.

Mr. King (Canada)

And so, just as we look to the future for hope, we can look to the past for inspiration. The protection of the oceans, and the rational use and development of their living resources was a major theme at the 1992 world environmental summit at Rio. Canada believes this theme can and should be an important inspiration in the upcoming Rio +10 Conference in 2002.

I thank you, Sir, for allowing me to share the Canadian perspective on oceans and the law of the sea. As a community of nations, we share a magnificent resource, but one that requires our vigilance and our attention. We owe it to those who will follow us to ensure that we leave them a healthy, productive and sustainable oceans environment.

Mr. Sorreta (Philippines)

Our growing populations and our ever-shrinking world have meant added burdens on our seas and oceans. Our seas remain an important source of sustenance and resources. Trade and commerce, the lifeblood of our globalized world, flow through our oceans at an increasing rate. Changes in the weather and environmental conditions in the seas bear indelibly on the rest of the globe.

The stakes continue to remain high as we carry on with our common effort to establish policies and norms for the peaceful, orderly, fair and sustainable use of our seas and oceans. These efforts were given a boost when we established and held this year the first meeting of the United Nations Open-ended Informal Consultative Process on Ocean Affairs and the Law of the Sea to review developments in ocean affairs. Participation in that meeting was almost universal and experts from virtually all disciplines relating to the seas and oceans were present. The Philippines looks forward to the next meeting in this Consultative Process. We are very pleased that agreement could be reached in draft resolution A/55/L.10 on the subjects for the next meeting of the Process. We welcome in particular the inclusion of the issue of the development and transfer of marine technology and capacity-building. I am confident that we will be able to focus our discussions and arrive at meaningful results.

Meaningful results are what we need when it comes to the problems relating to unauthorized fishing in zones of national jurisdiction and on the high seas, and to illegal, unreported and unregulated fishing. The living marine resources of my country are under siege. Our marginal and traditional fisher-folk have to stay longer and go farther out to sea, and even then are not assured of any catch. This affects almost all of the fishing communities in my country and threatens the livelihood, the social and family well-being, as well as the very lives of a very large number of my countrymen.

We take our duty to protect our seas very seriously and exert every effort to prevent illegal fishing. We also actively participate in regional efforts to stem the flow of illegal fishing. However, we believe that the flag States have a responsibility to bear when their ships ignore established laws and disregard the welfare of the environment.

In this regard, the Philippines strongly supports the call in draft resolution A/55/L.11 on States to ensure that fishing vessels entitled to fly their flag do not fish in areas under the national jurisdiction of other States, unless duly authorized by the States concerned, and that they do not fish on the high seas in contravention of the applicable conservation and management measures.

We would like to express our appreciation to those flag States that have adopted measures to implement this call. We appreciate in particular those States which included the measures they have taken in the report of the Secretary-General in document A/55/386.

Rules and standards are indeed important and every State has actively sought to establish these in our seas and oceans. Of particular significance for my country are the determined and dedicated efforts of the small island developing States. They are the custodians of large areas of the world's oceans and have a high share of global biodiversity.

Because of the sensitivity of their environment and the delicate nature of their biodiversity, the small island developing States have exerted every effort and exercised great care in trying to establish higher standards in a variety of forums, even in one such as the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, where they proved to be effective advocates in protecting our oceans from nuclear waste. The norms and practices that they create in protecting the biodiversity of the small island developing States should serve as a benchmark for everyone's own efforts to do the same.

We are heartened by the inclusion in the agenda of the next meeting of the Consultative Process of the item on coordination and cooperation in combating piracy and armed robbery at sea. We also welcome the continued emphasis given in draft resolution A/55/L.10 on the problem of piracy. This is a problem that has reached serious and alarming levels in recent years.

The issue of piracy and armed robbery against ships is high on the agenda of the Philippine Government and is being handled at the cabinet level, where a process is being initiated whereby we will adopt a national plan of action to address piracy and armed robbery against ships. This national action plan will involve policies, strategies and the establishment of the necessary infrastructure and operational arrangements for preventing and suppressing piracy attacks and armed robbery against ships within and beyond Philippine waters.

While the seas are a source of life and sustenance, they can, ironically, also be a source of potential conflict. At the last session of the General Assembly, the Secretary-General concluded in his report on oceans and the law of the sea that it is particularly important that States agree on secure maritime boundaries, since such agreements contribute to the promotion of peace and stability at the regional level.

For the Philippines, secure maritime boundaries mean exactly that: boundaries that are established by law and agreement and not boundaries that are secured or imposed by force alone. Securing maritime boundaries is a difficult process. This process is made even more difficult when disputes over boundaries are coupled with territorial claims. As a country surrounded by seas on all sides, the Philippines continues to exert every effort to negotiate with its neighbours on our boundaries. Some negotiations are more difficult and infinitely more complex than others.

The conflicting claims to the South China Sea present one of the more demanding challenges to our efforts to secure our maritime boundaries. We base all our actions on the need to settle these disputes peacefully, in accordance with international law, including the United Nations Convention on the Law of the Sea (UNCLOS), and to continue to exercise self-restraint in the conduct of activities in the South China Sea.

In this regard, the Philippines has proposed the adoption of a regional code of conduct, which we hope will lay the foundation for long-term stability in the ocean and sea areas and foster greater trust and understanding among claimant countries. The leaders of the Association of South-East Asian Nations (ASEAN), at their Sixth ASEAN Summit, agreed to promote efforts to establish this code of conduct among the parties directly concerned. Earlier this month, the ASEAN-China Working Group on the Regional Code of Conduct on the South China Sea met once again and succeeded in narrowing differences on fundamental issues.

The Philippines expresses its appreciation to all States that have continued to take an interest in the peaceful, just and meaningful resolution of the conflicting claims in the South China Sea, particularly those that have helped to advance the dialogue on this issue by organizing and sponsoring meetings and discussions in informal and academic forums.

For the Philippines, the seas are not just a source of profit or business, but an important component of my country's food security and natural environment. In this context, we view draft resolution A/55/L.11 as a totality, with each component an indispensable part of the whole. The Philippines is a sponsor of that draft resolution, will support it in its entirety and hopes that others will do likewise. We have also been a traditional sponsor of draft resolution A/55/L.10 and hope that it will be adopted with the widest support possible.

As I said earlier, the stakes remain high, but we are confident that we are moving in the right direction. Our collective efforts are greatly aided by those who make sure that attention continues to be focused on our seas and oceans. We are thankful for the reports of the Secretary-General under the agenda item "Oceans and the law of the sea", as these help us understand where we are and assist us in deciding where we want to go in the future. We also deeply appreciate the efforts of specific countries -- particularly the delegations of Argentina, Australia, Guyana, New Zealand and the United States -- in coordinating the crafting of the two draft resolutions before us, a task that was full of challenges. We also appreciate the active role played by the Group of 77 in the work on these draft resolutions.

The Chairman of the Meeting of UNCLOS States Parties and the co-Chairmen of the Consultative Process must also be commended for their hard work on behalf of our seas and oceans, and of course we must express our appreciation and recognize the hard work of the Division for Ocean Affairs and the Law of the Sea, whose dedication, expertise and professionalism are proving to be the glue that binds all our efforts. Even though we continue to expand the dialogue and venue on the law of the sea and on the oceans, we must remain focused on the fundamental need to protect our seas and oceans. This should remain our basic premise and should guide us in our future work.