General Assembly Session 55 meeting 43

Mr. Moura (Brazil)

The entry into force of the United Nations Convention on the Law of the Sea (UNCLOS) was a landmark in our recognition of the need to act collectively. However, six years later, despite the Convention and the international legal framework that it gave rise to, the implementation and effective regulation of these arrangements remain unfulfilled. This state of affairs has to do with the complex legal, economic and environmental issues involved in the governance of the oceans as developing and developed countries seek to cooperate in the management of a vast array of interconnected ecosystems that have no clear boundaries.

Over the past decade, growing concerns over how best to manage activities that can affect the availability of marine resources, navigation, land-based pollution, coastal degradation and climate change have brought to the fore three major issues.

The first major issue includes, inter alia, the need to promote marine scientific research on issues at the centre of our concerns, such as the evaluation of fish stocks and of non-living marine resources and the development of clean technology for exploiting them in a sustainable manner.

For developing countries such as Brazil, effective international cooperation in the field of marine science offers an important potential source of technology transfer and helps ensure the open circulation of information in areas of great strategic and economic importance. In fact, sustainable and environmentally safe growth in developing countries is directly linked to the worldwide diffusion of technical knowledge and the transfer of appropriate technology. We therefore welcome the focus of the forthcoming meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea on the links between development and technology. By improving international efforts in this field, especially as regards capacity-building, we hope to see effective progress in implementing Parts XIII and XIV of UNCLOS.

The second major issue is the lack of financial resources to fulfil these goals in the fields of scientific research and technology transfer. If safe and efficient technology is to be effectively disseminated, we must enhance programmes that offer not only technical assistance, but also financial support, at both the bilateral and multilateral levels. We are therefore pleased that both the Consultative Process and the draft resolution we shall be adopting make reference to the crucial role reserved for international financial institutions and for partnerships with the private sector.

The decision to set up trust funds is also welcome. The resources that will be made available for developing countries to take part in next year's Consultative Process will enhance its effectiveness by allowing a broader range of delegations and opinions to be represented. By the same token, these resources will considerably alleviate the financial burdens on developing countries of preparing their submissions to the Commission on the Limits of the Continental Shelf and to the International Tribunal for the Law of the Sea.

The third major issue is the need for an integrated and internationally coordinated approach. Underlying many of the barriers to implementing the provisions of UNCLOS is the difficulty in coordinating the actions of Governments, international agencies and civil society. We look forward to the Consultative Process as an opportunity for an open discussion of how best to enhance inter-agency coordination and to strengthen the structures within the United Nations system.

My delegation was pleased with the outcome of last May's first meeting of the Consultative Process. It offered valuable information and insights that I am certain will help us to identify ways of better coordinating action in two key areas: marine pollution and fisheries management.

As concerns marine environment protection, the discussions pointed to the importance of putting into practice the Global Plan of Action. I am pleased to say that, together with Argentina and Uruguay, Brazil is developing a regional-seas programme that provides for coordinated action in our region within the wider global framework. This is a practical example of how we can revitalize the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, a tool that offers modern and flexible formulas for cooperation by bringing together the relevant organizations and sectors in the integrated management of marine affairs.

The discussion on fisheries management underscored, likewise, the positive role regional arrangements can have in controlling predatory fishing and other ecologically unsustainable practices. Yet it was also noted that, together with creating new mechanisms and forums, we must ensure that the available international regulatory instruments are fully complied with and improved. We therefore look forward to seeing progress in the implementation of the agreements on straddling fish stocks and highly migratory fish stocks, the Code of Conduct for Responsible Fisheries of the Food and Agriculture Organization of the United Nations and the International Plan of Action on the Management of Fishing Capacity.

The Consultative Process was not, however, the only positive development over the last year in ocean affairs. We welcome the adoption last July by the Assembly of the International Seabed Authority of the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. This opens the way for the rational and sustainable exploitation of these shared resources.

The recent inauguration of the headquarters of the International Tribunal for the Law of the Sea in Hamburg will ensure that it will be fully able to discharge its important role in the peaceful settlement of disputes.

Finally, the open meeting last May of the Commission on the Limits of the Continental Shelf contributed to enhancing general awareness of the assistance the Commission can offer to States in preparing their submissions.

As a result of the Consultative Process, of which Brazil was a sponsor, we believe that our debate today has been enriched and better focused. We therefore look forward to the ongoing discussion at all levels on how to ensure the sustainable management of our vast but ever more finite marine resources.

Miss Durrant (Jamaica)

I have the honour to speak on agenda item 34, "Oceans and the law of the sea," on behalf of the 14 member States of the Caribbean Community (CARICOM) that are members of the United Nations. We associate ourselves with the statement made earlier by the Permanent Representative of Samoa on behalf of the Alliance of Small Island States.

Nearly 18 years ago, on 10 December 1982, the United Nations Convention on the Law of the Sea was opened for signature in Montego Bay, Jamaica, after 14 years of work involving more than 150 countries. The adoption of the Montego Bay Convention was a signal achievement. It represented the recognition by the international community of the central importance of oceans and seas to the productive existence of the world's peoples and to the well-being of future generations. It expressed the commitment of the community of nations to more effective management and protection of the resources and services of the world's oceans and seas, and it ensured attention to equity and justice in the exploitation of the shared patrimony by present and succeeding generations.

CARICOM States take this opportunity to underscore the importance that they attach to the Montego Bay Convention as the comprehensive legal framework for governance of the oceans and as the seminal work in which all instruments and organs addressing ocean affairs must be grounded. Indeed, the drafters of the Convention saw the need to create three institutions to ensure the proper implementation of the Convention: the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. For us it is extremely important that the integrity of the Convention and the institutions created by it are maintained.

CARICOM States have over the years participated actively in the annual consideration and review of developments relating to ocean affairs and the law of the sea by the General Assembly as the global institution having the competence to undertake such a review. We see the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, established by resolution 54/33, as a mechanism to support the annual review by improving coordination and cooperation, while respecting the competence of the institutions of the Convention. We therefore welcome the fact that the second meeting of the Consultative Process will focus on marine science and the development and transfer of marine technology.

We wish, through you, Mr. President, to thank the Division of Ocean Affairs and the Law of the Sea for the valuable work done to coordinate and disseminate information in this area. We continue to stress the importance of training in all matters related to oceans and the law of the sea, specifically for developing States. The benefit of the Division's TRAIN-SEA-COAST programme, which is supported by the United Nations Development Programme, is worthy of mention. We encourage the Division to expand this programme to other countries.

We also wish to thank the many States that have contributed to the Hamilton Shirley Amerasinghe Memorial Fellowship Programme on the Law of the Sea, which is intended to promote a wider appreciation of the Convention and to enhance specialized experience in ocean law, maritime affairs and related disciplines. We urge States and others in a position to do so to assist in the expansion of this valuable programme in order to respond to the high number of applications received from deserving candidates. We are pleased that a national of a CARICOM State -- Barbados -- was a recipient of last year's fellowship.

CARICOM States welcome the report of the Secretary-General contained in document A/55/61, which addresses, in detail, the developments towards implementation of the Convention and the 1994 Agreement, and which reports on the work undertaken during the past year by the institutions created under the Convention.

The International Seabed Authority has been charged, under part XI of the Convention, with organizing and controlling the exploration and exploitation of the non-living resources of the seabed and ocean floor and subsoil beyond the limits of national jurisdiction. This body is unique, since it will not only oversee the activities in the Area by contractors, but will also engage in exploration and exploitation of the area through its enterprise. It is through the Authority that States parties to the Convention will ensure that the oceans and seas beyond the limits of national jurisdiction remain the common heritage of mankind.

We therefore welcome the achievements of the International Seabed Authority during its sixth session, held in March and July of this year. We are extremely pleased that the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area were adopted by the Council and the Assembly in July. We consider this a significant step in the work of the Authority, as the way has now been paved for the Authority to enter into contracts with the registered pioneer investors for the exploration of the Area. We note that draft contracts have already been forwarded to the pioneer investors and the Authority is awaiting the information required under the regulations, including the five-year programme of work, to be provided by the pioneer investors. We urge a prompt response from the investors and the expeditious execution of the contracts. We also welcome the adoption of the rules of procedure of the Legal and Technical Commission of the Authority.

Let me take this opportunity, on behalf of CARICOM, to congratulate Mr. Satya Nandan on his re-election as Secretary-General of the Authority. We offer him our continued assistance and full cooperation. CARICOM States attach great importance to the Authority and its organs, and we are pleased that three CARICOM States are now represented on the Council: Guyana, Trinidad and Tobago and Jamaica.

There is still much work to be done by the Authority. Indeed, it should be recalled that at the resumed fourth session of the Authority, held in 1998, the Russian Federation referred to evidence of polymetallic sulphides and cobalt-bearing crusts in the Area and requested that the Authority begin drafting regulations for the prospecting and exploration of these minerals. Members will be aware that once such a request is made, the regulations should be completed within three years of the request. The Authority will therefore have to work assiduously to ensure that these regulations are drafted and concluded by the end of 2001. The Authority will also have to adopt the environmental guidelines which are referred to in regulation 32 of the recently adopted Regulations and which are currently being reviewed by the Legal and Technical Commission.

We therefore wish to emphasize the need for States parties to the Convention to attend and participate in the meetings of the Authority to ensure the successful completion of its work. We are very concerned that, because of the financial constraints faced by many States, developing country participation in the fundamental work being undertaken by the Authority has been severely constrained. The importance of effective developing country participation, if we are to ensure equity in the benefits to be derived from the exploitation of this common heritage of mankind, cannot be overemphasized.

Over the past years the Authority has organized workshops on the non-living resources of the seabed and the environmental effects of seabed mining. Some of these workshops have been held in conjunction with meetings of the Authority in an effort to encourage wide participation and to disseminate information for the benefit of all States. Unfortunately, as I stated earlier, developing country participation at the meetings of the Authority, and thus at the workshops, has been limited by financial constraints. We would therefore give very strong support for the Authority's consideration of the establishment of a voluntary trust fund to facilitate developing country participation in these meetings and workshops and to contribute to the building-up of knowledge and expertise of the developing countries.

CARICOM States welcome the continued development of the jurisprudence of the International Tribunal for the Law of the Sea. The Tribunal is fundamental in settling disputes regarding the interpretation and application of the Convention. It is unique in that it has special competence to hear applications for the prompt release of vessels and crews and to deal with requests for provisional measures. The Tribunal is integral to the realization by States of the common heritage, since it is the only body, through its Seabed Disputes Chamber, to which disputes relating to the Area may be submitted. We are therefore pleased to note that States are recognizing the jurisdiction of the Tribunal and have submitted their disputes to this body.

At this time CARICOM States wish to express our condolences to the Tribunal and to the Government and people of China on the loss of Judge Lihai Zhao in October of this year. We recognize the invaluable contribution to the Tribunal and to international law which he made -- in particular, to the law of the sea.

CARICOM States welcome progress made by the Commission on the Limits of the Continental Shelf in assisting States parties in preparing submissions in respect of the outer limits of the extended continental shelf. We underscore the need for training in the preparation of submissions for developing States with limited technical capacity. We are therefore pleased that the Commission has adopted the outline for the first such training programme, and we look forward to its implementation.

We share the concerns of other Member States regarding the ability of developing countries, in particular, to comply with the 10-year time limit for submissions to the Commission, established under article 4 of annex II to the Convention. CARICOM States would be willing to participate in any discussion relating to the constraints of the time limits imposed by the Convention.

CARICOM States also note with appreciation the Secretary-General's report on progress in the protection and preservation of the marine environment. The Convention recognizes the importance of protecting and preserving the marine environment and, in part XII, stipulates a range of measures through which States may achieve this objective. As small island and coastal States, CARICOM States are heavily dependent on, and influenced by, the coastal and marine environment. Issues related to integrated ocean and coastal zone management are inextricably linked to the broader objective of sustainable development, especially as regards the challenge of ensuring the well-being of the population, particularly coastal communities and industries, while promoting healthy, viable and productive coastal and marine space.

Our States are particularly exposed to the influence of natural phenomena, which play a principal role in the deterioration of coastal and marine environments. The devastating effect of such events as floods, hurricanes, climate change and sea-level rise on small island and coastal States must be emphasized. Our vulnerability to these natural hazards has compounded the challenge which our Governments face in achieving sustainable development through effective ocean and coastal zone management.

CARICOM States are therefore concerned with the protection of our regional marine space -- the wider Caribbean Sea. The need for an effective regional regulatory mechanism for sustainable fisheries and the need to ensure adequate protection of our fragile marine ecosystems from harmful effects such as oil spills and pollution from hazardous and nuclear waste are matters to which our States continue to attach high priority.

CARICOM is now seeking to put in place a comprehensive, multidimensional regime for the management and protection of the resources of the Caribbean Sea. To this end, CARICOM will be introducing a draft resolution in the Second Committee, and we look forward to receiving the full support of all Member States.

We also note the progress made in the development and management of marine resources, particularly fisheries, as stated in the report of the Secretary-General. We continue to collaborate in fisheries management and development through the CARICOM Fisheries Resource Assessment and Management Programme (CFRAMP), and we wish to take this opportunity to express our appreciation to the Government of Canada for its continued support for the programme, from which our region benefits significantly.

Fisheries management, particularly monitoring and information systems, have improved under CFRAMP. However, further development of capacity for more effective management of the information required under the United Nations Fish Stocks Agreement and the Food and Agriculture Organization of the United Nations (FAO) Compliance Agreement is needed. We look forward to progress in meeting this challenge in the future.

Global overfishing and overcapacity should not be used to justify management measures and capacity reduction inappropriate for small developing countries. Although this is the purview of the FAO, the Convention on the Law of the Sea provides the framework for all aspects governing the oceans and the seas. The United Nations should therefore play an integral role in ensuring that developing countries are afforded equal opportunity in the global management and sustainable development of marine living resources.

Of critical importance is the need for new approaches to marine science, technology and management which take into account the needs and concerns of developing countries, including small island developing States. Marine scientific research and technology must take appropriate scale and context into account. CARICOM States underscore the importance of the transfer of marine science and technology, and we stress the need for these issues to be addressed in a meaningful way by the United Nations system and the international community as a whole.

Another challenge faced by CARICOM States continues to be the cost of effective participation in the regional and international forums at which issues relating to oceans and the law of the sea are addressed. Representation at meetings is still inadequate, and this is reflected in the limited benefits which accrue to our member States.

In conclusion, CARICOM again emphasizes the importance of the oceans and seas, particularly for us as small island and coastal States. The Montego Bay Convention has been widely accepted, and even those States that are not parties acknowledge that it is the overall legal framework governing all aspects of ocean space. We wish to encourage those States which have not yet done so to become parties to the Convention and its related Agreements as soon as possible.

Ms. Steains (Australia)

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