General Assembly Session 57 meeting 71

The Acting President

The report on the work of the United Nations Open-ended Informal Consultative Process established by the General Assembly in its resolution 54/33 in order to facilitate the annual review by the Assembly of developments in ocean affairs at its third meeting has been circulated in document A/57/80.

I give the floor to the representative of Brazil to introduce draft resolution A/57/L.48.

Mr. de Moura (Brazil)

I have the honour to introduce, under agenda item 25 (a), draft resolution A/57/L.48, entitled "Oceans and the law of the sea". I should like to announce that, since the publication of the draft, the following countries have become sponsors: Cyprus, Madagascar, Monaco, Namibia, Poland, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Sri Lanka, United States of America and Uruguay.

The representative of the United States will introduce the other draft resolutions submitted under the same item.

I would like to express my delegation's appreciation to all those who actively contributed to our negotiations and in particular to Mr. Julian Vassallo of Malta for acting as co-facilitator of the informal consultations. I would like also to thank Mrs. Annick de Marffy and her staff at the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs for their highly professional assistance.

I would like to begin my introduction of the draft resolution by calling delegations' attention to one practical matter: the second preambular paragraph should be deleted.

The draft resolution and the debate today on the Secretary-General's report highlight the General Assembly's commitment to issues relating to oceans and the law of the sea. As set out in the preambular part of the draft and echoed in the outcome of the World Summit on Sustainable Development, there is an ever-increasing awareness of the importance of the oceans and seas for the earth's ecosystem. They play a crucial role in providing global food security, sustaining economic prosperity and ensuring the well-being of present and future generations. The draft recognizes the interrelatedness of all ocean issues and the need to address all aspects of the question in an integrated manner and therefore endorses the decision taken at Johannesburg to set up by 2004 a process for global reporting and assessment of the marine environment.

The draft touches on a number of problems of immediate importance, such as illegal, unregulated and unreported fishing; the degradation of the marine environment both from land-based sources and pollution from ships; and crimes at sea. It emphasizes the need for capacity-building and for the effective application of marine scientific knowledge and technology in dealing effectively with these problems.

The draft takes note of significant new developments towards the full establishment of the institutional framework foreseen by the Convention in setting up a system of global ocean governance. The most recent milestone was the entry into force last year of the 1995 Fish Stocks Agreement. The goal set at Johannesburg to put into effect the International Plan of Action for the Management of Fishing Capacity by 2005 is a welcome sign of the widespread support for immediate measures in this area. This and related fisheries issues are taken up in the two other resolutions before us today.

The omnibus draft resolution also welcomes a series of "firsts" that attest to the progressive consolidation of the legal regime envisaged in the Convention. In the case of the International Seabed Authority, the first examination by the Council of annual reports on prospecting and exploration for polymetallic nodules in the Area opens a vast new frontier for the regulated and rational use of valuable resources in a manner consistent with the equitable development of humankind's common heritage.

The presentation by the Russian Federation of the first submission regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles paves the way for coastal States to exploit productively these resources and for the wider international community to share in the orderly development of the ocean's bounty.

Another first is the review of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, which has just completed its first three-year cycle.

Drawing on the recommendations of this year's meeting, the draft resolution addresses two areas in particular. On the one hand, it underlines the importance of greater coordination among States to ensure the effective implementation of measures for the protection and preservation of the marine environment. The conclusions of the discussions last April helped ensure that ocean affairs figured prominently in the Johannesburg Plan of Implementation.

On the other hand, the draft also highlights the growing understanding of the need to focus on the cross-cutting issues at the centre of any effective and comprehensive policy. It recalls the crucial role of capacity-building, regional cooperation and integrated ocean management in achieving the wider goals set out in the Convention. Determining how regional cooperation and inter-agency coordination can enhance these linkages in a manner consistent with the objectives of the Convention is the fundamental purpose of the consultative process.

The draft resolution also covers a wide array of issues directly relevant to ocean affairs. It also recalls the important work of the International Tribunal for the Law of the Sea in promoting the rule of law. On maritime safety and security, emphasis is placed on adopting a common approach to enforcement, investigation and prevention. On the degradation of the marine environment, the need for full implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities is recalled.

The draft resolution is the result of a largely consensual negotiating process that reflects broad-based acceptance of the Convention's role in promoting the rule of law, a contribution that goes beyond the confines of ocean affairs. In this spirit of understanding, I hope that the draft resolution can be adopted by consensus.

I should like now to make a few remarks on behalf of my own country. Brazil's views will be largely reflected in the statement to be delivered by Costa Rica, on behalf of the Rio Group. I would like, however, to refer to certain key issues.

The entry into force of the Convention eight years ago was a landmark of collective action. Yet the promise of the Convention and the effective implementation and regulation of the international legal framework to which it gave rise remains to be fully fulfilled. The uncontrolled and unsustainable exploitation of the oceans, including growing levels of overfishing, has led to the loss of biodiversity, territorial conflicts and the degradation of living marine resources.

Clearly there is growing understanding that problems of the oceans and the seas are interrelated and require a holistic approach. We therefore look forward to continued progress in generating a modern legal framework for regulating their use. In the case of fisheries, we welcome the entry into force of the 1995 Fish Stocks Agreement and its role, which is complementary to that of the Plan of Action of the Food and Agriculture Organization of the United Nations.

We believe that the consultative process, under the able leadership of the coordinators, has helped focus attention on the need for greater coordination. At the very least, it has brought together specialists and given greater visibility to issues requiring joint action.

The choice of areas of focus for next year's consultative process reflects the changing nature of our debate. Emphasis has moved to tackling more specific and concrete questions of immediate concern to all in an integrated manner. Hence, the theme of safety of navigation is complementary to that of the protection of the vulnerable marine environment. Brazil is pleased to see capacity-building figure prominently, in this case in the matter of the preparation of nautical charts. Capacity-building and the transfer of up-to-date technological resources not only are crucial for the safety of navigation, but provide the impetus for the indigenous development of marine science and technology and the establishment of comprehensive national programmes. It is essential that existing regional and global mechanisms be put into action in fostering international cooperation. Only thus will many countries, in particular developing countries, acquire the means to promote the sustainable exploitation of their marine resources.

Brazil's commitment to capacity-building is underscored by the five-day regional training course it hosted earlier this year in Rio de Janeiro on the delineation of the outer limits of the continental shelf beyond 200 nautical miles. It was developed as a result of the practical and technical experience acquired in preparing our own submission, which we hope to present to the Commission in the near future. As a result of the encouraging response to this year's course, Brazil is considering the possibility of hosting a second training course.

With regard to non-living marine resources, Brazil values the work of the International Seabed Authority. The recent issuance of contracts for prospecting and exploring for polymetallic nodules opens a new chapter in the sustainable development of ocean resources. We particularly appreciate the work done by the Legal and Technical Commission of the Authority in setting up the necessary environmental guidelines for future activities in the field of polymetallic sulphides and cobalt-rich crusts in the Area.

Today's debate is taking place at a very special moment. We are uniquely privileged to be undertaking our discussions against the backdrop of yesterday's commemorations of the twentieth anniversary of the opening for signature of the Convention. In the company of some of the illustrious founding fathers of the Convention, we were afforded a review of its historic accomplishments and a preview of the many challenges before us as we consider the next 20 years. The event provided a perspective on the past and encouragement for the future. Above all, it provided us with an opportunity to rededicate our countries and the international community as a whole to the task and vision we set ourselves two decades ago.

The Acting President

I now give the floor to the United States of America to introduce draft resolutions A/57/L.49 and A/57/L.50.

Ms. West (United States)

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