General Assembly Session 59 meeting 54

The Acting President

Before proceeding further, I should like to inform members that this morning's meeting will be adjourned at 12.45 p.m. Immediately thereafter, there will be an informal segment to hear statements by the representatives of two non-governmental organizations, namely Greenpeace International and the Natural Resources Defense Council. Members are invited to remain for this segment.

I now give the floor to the representative of Brazil to introduce draft resolution A/59/L.22.

Mr. Dos Santos (Brazil)

I have the honour to introduce draft resolution A/59/L.22, entitled "Oceans and the law of the sea", under item 49 (a) of the agenda. The other draft resolution, which is under item 49 (b) on sustainable fisheries, will be introduced by the representative of the United States.

Since the publication of the draft resolution, the following countries have become sponsors: Austria, Belgium, Brazil, Canada, Cyprus, Czech Republic, Denmark, Fiji, Finland, France, Greece, Honduras, Hungary, Iceland, Ireland, Japan, Malta, Marshall Islands, Mexico, the Federated States of Micronesia, Monaco, Namibia, the Netherlands, New Zealand, Norway, Portugal, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Trinidad and Tobago, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

The draft resolution is the result of a substantial series of open-ended consultations among delegations. At the outset, I would like to express my appreciation to all delegations for their active participation and constructive spirit. I wish to thank, in particular, Mr. Marcos de Almeida of Brazil and Ms. Jennifer McIver of New Zealand for acting as coordinator and vice-coordinator, respectively, of the informal consultations on this draft resolution, and Ms. Holly Koehler of the United States for the coordination of the fisheries draft resolution. I also express my gratitude to the Director, Mr. Vladimir Golitsyn, and the staff of the Division for Ocean Affairs and the Law of the Sea for their highly professional assistance, which, as usual, contributed decisively to the success of our work.

The draft resolutions and today's debate are expressions of the General Assembly's commitment to issues relating to oceans and the law of the sea, especially as we celebrate the tenth anniversary of the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS), which represents a monument to international cooperation in the history of the treaty-making process.

The importance of the Convention is firmly expressed in draft resolution A/59/L.22, which refers to the legal framework, the maintenance and strengthening of international peace and security and the sustainable development of uses of and activities related to the oceans and seas. In that regard, several paragraphs are repeated from previous resolutions because they reaffirm our continuing needs.

The draft also reflects the importance of capacity-building for developing States, so that they can implement the Convention, fulfil their obligations and benefit from ocean resources, as well as participate in all forums and processes dealing with issues related to the oceans and the law of the sea.

With the examination of information on the outer limits of the continental shelf beyond 200 nautical miles, submitted by Brazil on 17 May 2004, the work of the Commission on the Limits of the Continental Shelf has increased, and several States have advised of their intentions to make submissions in the near future. Those facts have given rise to some concern regarding the need to improve the capacity of the Commission to have concomitant meetings of several subcommissions. This has been expressed in the draft resolution by the request to the Secretary-General to submit proposals to the next session of the General Assembly on how to accommodate the requirements of the Commission.

As in previous years, the draft resolution also covers a wide array of issues directly relevant to the sustainable development of the oceans and seas. It requests the Secretary-General to report to the sixty-first session of the General Assembly on the role of the "genuine link" in relation to the duty of flag States to exercise effective control over ships flying their flag and the potential consequences of non-compliance with duties and obligations of flag States, as described in relevant international instruments.

The draft also covers questions of piracy and armed robbery at sea, marine pollution, the smuggling of migrants, marine science, regional cooperation and inter-agency coordination and cooperation. It welcomes the adoption or entry into force of new conventions and protocols relating to the law of the sea and highlights the work of the International Seabed Authority, the International Tribunal for the Law of the Sea, the International Maritime Organization, the Conference of Parties to the Convention on Biological Diversity, the United Nations Environment Programme, the International Labour Organization and the International Atomic Energy Agency.

The draft resolution decides to establish an ad hoc open-ended informal working group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction and decides to convene a second international workshop on the regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects.

On the United Nations Open-ended Informal Consultative Process, the draft resolution recalls the decision to review the effectiveness and utility of the Consultative Process at the Assembly's sixtieth session and recommends that the Consultative Process organize discussions around fisheries and its contribution to sustainable development, marine debris and other issues discussed at previous meetings.

Sir, allow me now to make a few remarks on behalf of my country. Brazil has always been an active and enthusiastic supporter of the Convention and of efforts to put its provisions into practice. The Convention is also known as the constitution of the oceans, and it is becoming part of the consuetudinary law, without yet having achieved universal status.

Nonetheless, the implementation of the Convention faces obstacles, in particular for the developing States because of their need for capacity-building in a wide range of interrelated matters and the need to improve marine science. In that respect, the establishment of the Ad Hoc Open-ended Informal Working Group will play a fundamental role in bringing us the actual knowledge regarding the multiple uses of deep sea biodiversity, the richness of which is restricted to those who have advanced technology to explore its usefulness, for example in the areas of health and food improvement.

Brazil considers that the Second International Workshop on the Global Marine Assessment will be decisive in establishing the process recommended by the Johannesburg Plan of Implementation. We expect that its work will be fruitful, and States must bear in mind the need to integrate and coordinate efforts on the conservation of the oceans.

Brazil also recognizes the usefulness of the informal Consultative Process in helping the General Assembly to understand broad, complex and multifaceted issues. Taking into account the review of its effectiveness at the next session, Brazil considers that the informal Consultative Process must be more educative and illustrative, rather than act as a forum for discussing issues and making recommendations to the Assembly.

Finally, the choice of the areas of focus for next year's informal Consultative Process is timely in view of the 2005 review of the Millennium Development Goals, particularly the topic of "Fisheries and its contribution to sustainable development". The topics chosen reflect once more the need to link cross-cutting issues such as capacity-building, regional cooperation and integrated ocean management through existing programmes and institutions. How best to enhance those linkages in a manner consistent with the objectives of the Convention is the fundamental reason for setting up the informal Consultative Process.

Now that we have highlighted the achievements and current challenges concerning ocean issues, let us take this occasion, on the tenth anniversary of the entry into force of the Convention, to reaffirm the commitment of our countries and of the international community as a whole to the task and vision we set out for ourselves in 1982 when the Convention was concluded.

Mr. Hamburger (Netherlands)

I have the honour to speak on behalf of the European Union and the European Community as a party to the Convention on the Law of the Sea. The candidate countries Bulgaria, Romania and Croatia, the countries of the Stabilization and Association Process and potential candidates Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Serbia and Montenegro align themselves with this statement.

Today we celebrate the tenth anniversary of the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). For the European Union (EU), the ratification today by another EU member State, Denmark, adds a special touch to the celebration.

The Convention and its implementing Agreement are a milestone in the world's efforts to manage the world's oceans. Looking back at the achievements of the Third United Nations Conference on the Law of the Sea, we must agree not only that a wide variety of issues was dealt with in the Convention, but also that the text of the Convention has proved to be flexible enough to deal with problems that have arisen since its conclusion. It is worth mentioning that in many respects the provisions of the Convention have acquired the status of international customary law.

Nineteen ninety four saw the conclusion of the Agreement, which greatly facilitated the entry into force of the Convention for many States. The two integrated instruments have proved to be a remarkably useful tool for the governance of oceans. Indeed, we believe that those instruments will serve us all well in the future and that there is no need to reconsider any of their provisions at this stage.

Even though many States have already expressed consent to be bound, we believe that we must continue to strive for universality. We call on all those States that have not yet done so to become parties to the Convention and the implementing Agreement as soon as possible.

We regret that many seafarers still face dangers related not only to the safety of ships or the situation at sea itself, but also to the prevalent dangers of piracy and armed robbery at sea. The European Union notes with great concern that criminal activities still threaten shipping and imply danger for the seafarers, as well as financial losses for the operators of commercial shipping vessels. It is imperative that all States do their utmost to prevent piracy and armed robbery at sea. In particular, there is a responsibility of States to prevent such acts from occurring in maritime areas under their jurisdiction or from ships flying their flag. We commend the efforts being made in this respect by the International Maritime Organization (IMO), as well as those by a number of regional cooperative programmes.

All States, especially coastal States to straits used for international navigation, should respect the right of innocent passage through such straits for every vessel. Furthermore, port States should do their utmost not to hinder access to ports, thus respecting the freedom of maritime trade and the freedom of transit between ports, irrespective of flag.

On the issue of security and safety at sea, we would like to highlight the importance of addressing the issue of the transport by sea of weapons of mass destruction. We recall the importance of Security Council resolution 1540 (2004) on the prevention of the proliferation of weapons of mass destruction and we reiterate the support expressed by the European Union for the Proliferation Security Initiative. This important Initiative includes a willingness to cooperate on preventing the transport of weapons of mass destruction by sea.

Similarly, the revision of the IMO Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol on fixed platforms located on the continental shelf should be noted. In these ongoing negotiations, important provisions are to be added to the existing instrument, enhancing efforts against terrorism, as well as providing for the penalization of the transport of weapons of mass destruction, dual-use goods and delivery systems, by providing clear and mutually agreed rules on boarding ships on the high seas. The European Union considers that an important aspect of those amendments is that they will provide a clear and agreed legal framework for intervening with shipping when well-founded suspicions of the shipment of weapons of mass destruction arise.

By 2025, more than 75 per cent of the total world population is expected to be living on the coast, highly dependent on the sea and its resources. We have an obligation to ensure the viability of the ocean's environment, which is deteriorating at an alarming rate due to the over-utilization of marine resources, pollution and climate change. This will be a particular challenge for the twenty-first century. Proper ocean governance requires action that is forward-looking and based on the precautionary principle, rather than merely reactive to the problems of the day. As technology and science progress, we face new challenges regarding how best to protect the oceans against destructive practices.

The European Union attaches great importance to ensuring the protection of the marine biodiversity of the oceans, in areas under the responsibility of coastal States, as well as in those beyond the limits of national jurisdiction. In our region, this important work is already being undertaken within regional sea conventions and programmes, such as the Helsinki Commission (HELCOM) for the Baltic Sea, the Barcelona Convention for the Mediterranean sea, the OSPAR Convention for the North-East Atlantic, and the Black Sea Convention. With respect to the maritime areas under the responsibility of the States members of the European Union, the European Commission is developing a strategy for the protection of the marine environment. This strategy will be finalized in 2005. We would also like to highlight the fact that pollution accidents at sea, which have caused serious damage within the European Union, have accelerated the need for measures to protect sensitive coastal areas within the European Union.

While the Convention on the Law of the Sea sets out a global regulatory framework for areas under national jurisdiction and the high seas, the situation is less clear with respect to the protection of the biodiversity of the high seas and the Area. The European Union recognizes the need to regulate practices, including bottom trawling, which may be a threat to deep-sea marine biodiversity and to vulnerable marine ecosystems. The legal framework and the implementation of measures to protect biodiversity beyond the limits of national jurisdiction need to be improved and addressed urgently by the international community. At this time, not enough is known about the marine environment in these areas, in particular the ecosystems of the deep sea. This strengthens the need to apply the precautionary principle in all activities carried out in deep-sea areas. Thus we should strengthen our resolve to act only with the greatest care in such areas by giving full effect to the provisions of the Convention on the Law of the Sea and other international conventions, such as the Convention on Biological Diversity.

The European Union believes that there is a need to begin a process aimed at addressing this matter. Such a process should take into account the relevant provisions of the Convention on Biological Diversity and the decisions of the Seventh Meeting of the Conference of the Parties to that Convention. That must be done in a manner that gives effect to the Convention of the Law of the Sea and other relevant instruments, building on the conclusions of the joint Plan of the Johannesburg conference, as well as on other related instruments. We note the decision in the draft resolution before us on oceans and the law of the sea to establish an ad hoc open-ended working group to study issues relating to conservation and the sustainable use of marine biological diversity beyond the areas of national jurisdiction, and we look forward to participating in its work. The European Union also welcomes the steps that the General Assembly has proposed in this year's annual fisheries and oceans discussions, which called on States and regional fisheries management bodies to protect vulnerable marine ecosystems from destructive practices -- protection to which concerted international action on illegal, unregulated and unreported fishing will also contribute.

Many discussions on the governance of oceans have taken place in the Open-ended Informal Consultative Process on Oceans and the Law of the Sea. This year we participated in the fifth meeting, and during the next meeting in 2005 a decision will have to be prepared for as to whether the General Assembly would like to continue this process for a further three years. The European Union could support, in principle, the continuation of the United Nations Open-ended Informal Consultative Process. However, while we have learned a lot about a great many issues related to the governance of oceans, we recognize that there is room for improvement and that a detailed and independent evaluation of the quality and practical results of the process should take place before a decision is taken on the modalities of its possible continuation.

It is important to establish whether this process has, in fact, led to a better understanding of the management of the oceans and to a better and more coherent approach of ocean issues by States and relevant international organizations.

I would like to conclude by reiterating our appreciation for the annual report on oceans and the law of the sea produced by the Secretariat. It provides a wealth of information and presents an almost exhaustive compilation of relevant developments. I would also like to reiterate that the European Union considers the General Assembly to be the place to discuss the report, as this is the most inclusive forum for discussion of such matters.

The Acting President

The Assembly will now hear a statement by The Honourable Kjell Magne Bondevik, Prime Minister of Norway.

The Acting President

I have great pleasure in welcoming His Excellency Mr. Kjell Magne Bondevik, Prime Minister of Norway. I invite him to address the General Assembly.

Mr. Bondevik (Norway)

The United Nations Convention on the Law of the Sea has rightly been labelled the constitution of the oceans. As we celebrate today the tenth anniversary of its coming into force, we reaffirm its fundamental importance as the undisputed overarching legal framework for all peaceful uses of the seas and oceans. Our challenge lies in ensuring full implementation of the Convention, through loyal implementation of our obligations and effective utilization of the possibilities its provisions prescribe.

I will focus on three main topics: first, the contribution of the Convention on the Law of the Sea to the international legal order and international peace and security; secondly, environmental challenges; and thirdly, measures to secure the sustainable management of our living marine resources.

The Convention promotes international peace and security by establishing clarity and predictability with respect to all activities in the oceans. The instrument defines the limits of territorial waters, national zones and the continental shelf. It also guarantees the freedom of navigation beyond the territorial sea and the right of passage through the territorial sea, international straits and archipelagic waters. The Convention carefully balances a number of interests and thus fosters friendly relations and cooperation among all nations. That balance constitutes the basis for the rule of law on the oceans and is a key contribution to the international legal order.

While the rules and principles of the Convention provide a stable legal framework, our security challenges change. Piracy and armed robbery at sea are increasing. Proliferation of weapons of mass destruction and, in particular, the danger of such weapons coming into the hands of terrorists, are a major threat to international peace and security, and such proliferation by sea is unfortunately a real risk.

Under Security Council resolution 1540 (2004), all nations are obliged to prevent proliferation of weapons of mass destruction. Nations must cooperate to that end, thus we welcome the efforts made within the International Maritime Organization (IMO). Of particular importance are the recent amendments to the International Convention for the Safety of Life at Sea and the ongoing process to substantially strengthen the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Furthermore, Norway is an active participant in the Proliferation Security Initiative aimed at strengthening our national and collective ability to prevent and stop the proliferation of weapons of mass destruction.

As a major shipping nation, we are deeply concerned about the increase in piracy and armed robbery at sea in certain parts of the world. In addition to support for multilateral efforts against that increasing challenge, we are actively engaged in bilateral cooperation with other nations. And in all our efforts to counter piracy, terrorism, and proliferation of such weapons at sea, the Convention on the Law of the Sea serves as the basic legal framework for developing new initiatives.

Shipping carries more than 90 per cent of world trade. It is the most energy-efficient and ecologically sound mode of freight transportation. Preserving workable conditions for commercial shipping must, therefore, be a priority to us all. Shipping interests must, however, always be weighed against environmental considerations and the legitimate interests of the coastal populations of the world.

We have seen several environmental catastrophes caused by shipping accidents over the last years. This clearly illustrates the need for measures to further protect the environment. In that regard, we welcome the new IMO measures to prevent oil pollution from vessels, including the decision to speed up the phasing out of single hull tankers. Shipping security is inextricably linked to the obligation of flag States to fully shoulder their responsibilities, which cannot be effectively discharged without a genuine link between the flag State and the ships flying its flag.

I urge all flag States to comply with their obligations under international law to make sure that their ships meet international security standards. States without an effective maritime administration and an appropriate domestic legal framework must refrain from operating shipping registries.

States have a general responsibility to protect and preserve the marine environment and living resources in all ocean areas. How best to carry out that responsibility has increasingly been debated. The IMO has discussed the establishment of Particularly Sensitive Sea Areas, while marine protected areas have been debated within the framework of the Convention on Biological Diversity. Some have argued that we need a revision of the Convention on the Law of the Sea itself to clarify and strengthen our environmental responsibilities.

I believe that we are best served by adopting a focused, practical and targeted approach in order to address the problems at hand within the existing legal framework. When a problem is identified, specific measures to deal with it effectively should be adopted by the relevant international body or the national authority concerned. In line with that approach, Norway is actively working to prevent the destructive practice of bottom trawling in vulnerable areas. Within our 200-mile zone, protected areas have been established. These include areas within our economic zone where bottom trawling is prohibited.

I welcome last week's decision by the North-East Atlantic Fisheries Commission to ban all trawling in four areas, within its regulatory area, in accordance with Norwegian proposals. In other vulnerable high seas areas the relevant regional fisheries management arrangements should also engage actively in order to prevent harmful bottom trawling. Where such competent bodies do not exist, I would urge coastal States to work together in order to establish them as soon as possible.

Based on the close cooperation of the States with the best local knowledge, such regional arrangements are the best tools for ensuring the sustainable management of marine living resources and preventing destructive practices. These arrangements also have a key role to play in preserving marine biodiversity in general.

The Food and Agriculture Organization of the United Nations (FAO) reports that the global situation of marine fish stocks continues to deteriorate. That broad statement does not apply to all stocks in all waters and zones, but overall it gives reason for increasing concern. We must prevent any further depletion of living marine resources through sustainable resource management and the fight against illegal, unreported and unregulated fishing.

The Convention recognizes the responsibility of coastal States for the sustainable management of living resources in their maritime zones. Through the 1995 Fish Stocks Agreement, States are obliged to cooperate in the management of straddling and highly migratory fish stocks. In discharging those responsibilities, the coastal States and regional arrangements are afforded broad discretion in choosing the most appropriate management measures. A lack of complete scientific data can never serve as an excuse for failing to implement responsible management measures.

Our resource management efforts must be comprehensive and ecosystem-based in order to match the complexity of nature. In line with this thinking, my Government is now working on a comprehensive management plan for the Norwegian part of the Barents Sea. That plan, which will guide our activities and the measures we take for the next 15 years, will encompass aspects relevant not only to resource management, but to the marine environment as a whole.

However responsible and precautionary the coastal States and the regional management arrangements might be in their management, their full purpose will not be served as long as we are struggling with illegal, unreported and unregulated fishing. Significantly, the Secretary-General states in his report on sustainable fisheries that illegal, unreported and unregulated fishing in all its forms presents a major obstacle to achieving sustainable fisheries both in areas under national jurisdiction and on the high seas.

Curbing such fishing is therefore among the most important measures we can take to protect marine resources. Obviously, a huge responsibility here rests with the flag State. Unfortunately, some States allow vessels to fly their flag without ensuring that their fishing practices are legal and sound.

International instruments such as the 1995 Fish Stocks Agreement and the 1993 FAO Compliance Agreement are essential. Regrettably, the number of ratifications is still much too low. In other words, there seems to be a lack of political will to deal effectively with this problem. I appeal to all States to make sure that vessels flying their flag do not engage in illegal, unreported and unregulated fishing.

In my statement, I have repeatedly referred to common obligations and shared responsibilities. We share the responsibility to fully implement the Convention and achieve its full potential. There are, however, differences between the States parties' abilities to implement the various provisions and to take advantage of the possibilities provided by the Convention. Norway therefore notes with satisfaction the widespread consensus that capacity-building is a main challenge in relation to the law of the sea. As part of our development aid programmes, we will continue to make funds and expertise available to those States that need such support.

In closing, let me state that it has been a pleasure to address law of the sea issues on the day of the tenth anniversary of the coming into force of the Convention. It has been a particular pleasure to do this before the General Assembly -- the universal forum for taking stock of broader developments of law of the sea and ocean affairs and setting out our collective priorities.

The Acting President

On behalf of the General Assembly, I wish to thank the Prime Minister of Norway for the statement he has just made.

Mr. Hackett (Barbados)

I have the honour to make this statement on behalf of the Caribbean Community (CARICOM) States Members of the United Nations.

Today, the international community is rightly giving due recognition to the tenth anniversary of the entry into force of the 1982 United Nations Convention on the Law of the Sea. CARICOM delegations are proud to note that, of the 145 parties to the Convention, all CARICOM Governments are parties to this multilateral treaty, negotiated painstakingly over many years and which lays down widely accepted fundamental rules of international law governing all uses of ocean space.

Several States have, however, not yet become parties to the Convention. We would, accordingly, urge them to give this matter further positive consideration, with a view to achieving universal adherence to the Convention in the shortest possible time, as a tribute to the many negotiators from all regions who played such pivotal roles in shaping several of its key substantive provisions.

CARICOM delegations wish to thank the Secretary-General for his very comprehensive report under this agenda item. We wish also to commend the Director of the Division for Ocean Affairs and the Law of the Sea, Mr. Golitsyn, and his dedicated staff for the very proficient manner in which they continue to discharge their responsibilities, especially in light of the ever-increasing areas that are the focus of delegations' attention. We are encouraged by the fact that, in the 10 years since its entry into force, the Convention has, to a large extent, shaped national policies, practices and legislation on ocean affairs, particularly with reference to its maritime jurisdictional aspects. In addition, State practice with respect to maritime zones has shown strong adherence to the principles and rules established by its provisions.

In his report, the Secretary-General notes, inter alia, that, while more than 40 treaties and protocols to treaties on the delimitation of maritime boundaries have been concluded since November 1994, a number of unresolved issues related to sovereignty over land or island territory, overlapping and extensive maritime claims and the particular geographical predicaments of certain countries continue to encumber relations between States with opposite and adjacent coasts. We encourage States to settle their disputes in that regard by peaceful means, including those set out in the Convention and in accordance with international law.

In the Caribbean region, two separate arbitration proceedings are currently under way with a view to settling amicably and definitively, by referral to arbitral tribunals constituted under the Convention, the respective maritime boundaries of the States concerned. In addition, other States of the region are engaged in bilateral negotiations with a view to concluding delimitation agreements.

CARICOM delegations continue to be appreciative of the initiative of the Government of Mexico regarding the Conference on Maritime Delimitation in the Caribbean, and they express their thanks to that Government for its generous financial contributions of almost $100,000 over the past few years to the trust fund for assistance to States participating in the Conference. Accordingly, we look forward to the convening of future meetings of the Conference and to assistance from the trust fund, upon the request of participating States, in order to contract the necessary consultancy services.

The Secretary-General draws attention to a number of failings on the part of States parties during these last 10 years: the proclamation of de facto exclusive economic zones under various other designations, thus creating confusion and uncertainty especially as to the rights and obligations of other States; the lack of harmonization of national legislation with the provisions of the United Nations Convention on the Law of the Sea; non-observance of the time-honoured tradition of regular reporting to the United Nations by coastal States of new legislation on maritime zones; and failure to deposit with the Secretary-General, under the Convention, charts showing straight baselines and archipelagic baselines, as well as the limits of the territorial sea, exclusive economic zones and the continental shelf.

CARICOM delegations therefore wish to urge States parties to the Convention to ensure that measures taken in the areas identified by the Secretary-General are in conformity with the Convention and that the international community is made aware of any such international legal developments by transmitting such information to the Secretary-General for dissemination in accordance with his obligations as depositary.

We wish to reiterate our unconditional support for the institutions established by the Convention, namely, the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. We commend them on the highly effective manner in which they have been carrying out the various responsibilities assigned to them under the Convention since their establishment. For example, the International Seabed Authority has entered into exploration contracts with all seven pioneer investors in accordance with the regulations on prospecting and exploration for polymetallic nodules in the area. It has made progress on developing rules, regulations and procedures for the exploration of polymetallic sulphides and cobalt-rich ferromanganese crusts, and it has begun evaluation of available data and information related to the areas reserved for its future use.

CARICOM delegations also wish to take this opportunity to congratulate Mr. Satya Nandan on his re-election to the post of Secretary-General of the International Seabed Authority for a further four-year term in the recent elections, which were held under the Trinidad and Tobago presidency of the Authority's Assembly. We pledge to him our continued full support in the discharge of his duties.

The International Tribunal for the Law of the Sea, which has among its 21 judges two jurists from CARICOM countries -- Judge Dolliver Nelson of Grenada, its current President, and Judge Anthony Lucky of Trinidad and Tobago -- has dealt over the last eight years with a number of cases involving the prompt release of vessels and requests for provisional measures. We welcome the Tribunal's contribution to the development of the jurisprudence of the law of the sea in its few short years of its existence.

The Commission on the Limits of the Continental Shelf, in addition to devising and consolidating its procedures for the submission of claims, has addressed the first request, submitted by the Russian Federation, and has now received its second submission, from Brazil. CARICOM delegations welcome the willingness of the Commission to assist States, at their request, in the preparation of their submissions and other actions by the Division for Ocean Affairs and the Law of the Sea aimed at building capacity among coastal States. This will enable them to make, in a timely manner, their own submissions in relation to the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Ten years after the 1982 United Nations Convention on the Law of the Sea entered into force, further actions are still required of States to give full force and effect to the Convention's provisions in their national legislation. Perhaps it would be timely for Governments to give consideration to establishing overarching national marine policies encompassing all aspects of ocean affairs, in addition to developing national mechanisms that can ensure the broadest possible coordination on all ocean-related matters at the national level and in order to be in a better position to cooperate with other States.

CARICOM delegations further note that an important development took place at the Fourteenth Meeting of States Parties to the Convention, held in New York in June this year. Aside from addressing financial and administrative issues related to the International Tribunal for the Law of the Sea, it was agreed that the agenda for the Fifteenth Meeting of States Parties should include a new item relating to the report of the Secretary-General under the Convention's article 319. While there are other forums in which matters concerning oceans and the law of the sea are considered, we believe that the meetings of States parties represent the logical forum for discussion of issues pertaining to implementation of the Convention. The inclusion of that agenda item, we believe, will broaden the work of the meetings of States parties beyond their current focus on administrative and budgetary matters. We look forward to the resumption of the report by the Secretary-General, in accordance with his obligation under article 319.

We also wish to commend the Co-Chairpersons of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea for their successful conduct of the fifth meeting, held earlier this year. Regarding the issue of new sustainable uses of the oceans, including the conservation and management of the biological diversity of the seabed in areas beyond national jurisdiction, which was discussed at the last meeting, we are of the view that the benefits to be derived from areas to which the principle of the common heritage of mankind applies must be accessible to all mankind and not just limited to the commercial interests that seek to exploit its rich biodiversity for profit.

CARICOM delegations wish to highlight the need for States and competent regional and international organizations to take all necessary measures to address the risks to the biodiversity of vulnerable marine ecosystems, including in areas beyond national jurisdiction posed by, inter alia, destructive fishing practices such as high seas bottom trawling. We look forward to the discussion at the sixth meeting of the Consultative Process of the topics identified in the draft resolution, namely, "fisheries and its contribution to sustainable development" and "marine debris", as well as the review of issues discussed at previous meetings.

We support the proposal contained in draft resolution A/59/L.22 for the establishment of an open-ended informal working group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, and we look forward to the topical report of the Secretary-General on the important issues that the working group will consider. With respect to institutional arrangements, CARICOM delegations welcome the establishment of the Oceans and Coastal Areas Network, a new inter-agency mechanism for coordination and cooperation on issues relating to oceans and coastal issues within the United Nations system.

CARICOM delegations would wish again to highlight the importance that they attach to the security and environmental implications arising from the maritime transportation of radioactive materials and the corresponding lack of adequate liability and compensation regimes. Due note has, however, been taken of recent developments in this sphere within the framework of the International Atomic Energy Agency, and CARICOM delegations look forward to the outcome of the work of the Expert Group on International Nuclear Liability.

We would also like to draw attention to the draft resolution currently before the Assembly on promoting an integrated management approach to the Caribbean Sea, pointing to its unique biodiversity and highly fragile ecosystem, as well as our concern regarding the intensive use of its waters for maritime transport. We therefore seek the cooperation of the international community in assisting Caribbean States in taking appropriate steps for the preservation and protection of this most precious natural resource, which is vital to the well-being of the countries of the region.

CARICOM delegations wish to express our appreciation for the cooperation and assistance in the region from international organizations, our bilateral partners and the specialized agencies of the United Nations, such as the United Nations Environment Programme, the United Nations Development Programme and the International Maritime Organization. We look forward to continued cooperation with them in order to achieve our common goals in this area.

The seas and oceans -- man's last frontier -- and the important role they play in mankind's future must never be underestimated. The proper management on a sustainable basis of the world's seas and oceans and their resources, both living and non-living, is therefore vital to the economic and social well-being of present and future generations. Consequently, all of the issues related thereto must be addressed, we believe, in a holistic and harmonious manner by all States.

The Acting President

I am greatly pleased to welcome Mr. Geoff Regan, Minister of Fisheries and Oceans of Canada, whom I now invite to make a statement.

Mr. Regan (Canada)

Mr. President, I very pleased to join you on this important day, the tenth anniversary of the entry into force of the law of the sea, for the adoption of the draft resolution on oceans and the law of the sea (A/59/L.22) and the draft resolution on sustainable fisheries (A/59/L.23).

Mr. Regan (Canada)

When Canadian Prime Minister Paul Martin addressed this body in September, he laid out his views on the challenges facing the United Nations and the reforms he saw as necessary to put our common humanity at the centre of the United Nations agenda. He suggested that it was our collective obligation to leave a better world for our children and that, in that regard, only international cooperation and technical assistance can bring lasting solutions. Furthermore, he underscored the global need for an oceans policy that allows us to rebuild our fish stocks. To that end, he said, access to fisheries must be better regulated under international law. In the context of those remarks, I think that we can all agree that today is a good day for the United Nations and a good day for the oceans of the world.

We are pleased that the provisions of the sustainable fisheries draft resolution recognize the need to combat destructive fishing practices in international waters where sensitive ecosystems exist. Indeed, practices must be addressed, at the global and regional levels, through effective international fisheries governance.

This draft resolution generally reflects Canadian practices in our domestic waters. In areas where highly sensitive marine ecosystems are known to exist and where there is scientific evidence that fishing practices are having a long-term adverse effect on the ecosystem, targeted action is taken to mitigate effects through the application of various management measures. This could include gear modifications, seasonal and area closures, or the establishment of marine protected areas where long-term measures are required.

Canada's position is that no specific gear type is inherently destructive, depending on how it is used. From experience, we know that all gear types can have negative impacts, which is why we need to work together on solutions. Consultations on management practices have been and will remain an integral part of Canadian decision-making. If we are to be effective, stakeholders need to be part of the solution.

We also welcome the decision set out in the draft resolution on oceans and the law of the sea (A/59/L.22) to establish an ad hoc working group to consider the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. We believe this working group will be able to address issues such as destructive fishing practices.

I am here today to share with you Canada's views concerning our collective responsibility to take on the problem of irresponsible fishing actions on the high seas so we can stop the pillage of our global resource. The oceans of the world have always fed and nurtured us. Our history of returning the favour has not been so generous. It was not until the latter part of the twentieth century that we began to do serious damage. The world has learned at its peril that just because technology allows us to fish faster and more efficiently, it does not mean that we have the wisdom to use that technology properly. The collective mismanagement of our oceans has had inevitable consequences.

Despite the best will in the world and three decades of international efforts, fish numbers remain dismally depressed. By Food and Agriculture Organization of the United Nations (FAO) estimates, more than 70 per cent of the world's fisheries are depleted or nearly depleted. This is particularly worrisome when we consider that, according to the World Resources Institute, approximately one billion people, mostly in developing countries, rely on fish as their primary animal protein source.

Whether we are talking about cod in the North Atlantic, big-eye tuna in the Pacific, orange roughy on the Indian Ocean, or Patagonian toothfish in the Antarctic, for all intents and purposes, far too many species are overexploited.

Illegal, unreported and unregulated fishing, for example, is estimated to represent about 30 per cent of the world's total catch. We cannot lose sight of the role that fisheries subsidies have played in the ongoing decline of many commercial species. Clearly, Government programmes that encourage excess fishing capacity and overfishing must be eliminated. While member countries of the World Trade Organization are now working towards this goal, it is essential to eliminate the economic incentives that encourage overfishing.

Canada is a maritime nation bounded by three oceans, with the world's longest coastline. It will come as no surprise to you, then, when I say that our fishery has always been a critical part of Canadian life and tradition, culturally, socially and economically. Many of our communities were founded on the wealth of this resource.

For centuries, the cod fishery was central to the economy and culture of thousands of communities and the livelihoods of tens of thousands of Newfoundlanders and Labradorians. The collapse of the cod stocks in the nineties represented one of the most tragic points in the history of that province, and for all of Canada. Today, too many Canadians are seeing their livelihoods being put at greater risk. They have an understandable impatience with a perceived lack of international action, which has led to much frustration regarding their fishery. The imperative for real action and results on ocean conservation issues in Canada -- particularly the ecosystems of our continental shelf beyond 200 miles -- has never been greater.

The sad truth is that something is obviously not working, and we all share in the responsibility to do something about it, within our respective jurisdictions and together, on regional and global fronts.

On the domestic front, we are taking action -- based on scientific evidence and the hard lessons that we have learned.

We have started transforming our fisheries governance regimes. But fisheries are only a part of the broader picture of oceans ecosystems. Our links to the oceans are broad and the impact of our actions there is diverse. To help understand and correct our shortcomings, Canada established an Oceans Action Plan. Its goal is to revitalize our activities and initiatives by basing decision-making processes on sound science, by focusing first and foremost on the health of marine ecosystems, and by using new oceans technologies wisely to halt our destructive practices.

But the fact is, no matter what efforts we make in our own jurisdictions, they will be fruitless unless matched with cooperative actions at regional and global levels and with the necessary political will. For ecosystems know no administrative bounds. As responsible managers we need to set aside our jurisdictional constraints and manage oceans and the resources they harbour as a common property, one for which we are collectively responsible.

The Government of Canada recently made considerable investments to implement a new strategy to address overfishing. Our immediate and more pressing focus was the Grand Banks of Newfoundland and Labrador, where, because of overfishing, species currently under moratoria faced commercial extinction within five years. We committed over $45 million to expand our monitoring, control and surveillance of the area currently managed by the Northwest Atlantic Fisheries Organization (NAFO) and to find cooperative ways of addressing non-compliance and overfishing by working more closely with our NAFO partners. These efforts have yielded positive results to date. We are seeing some improvements, although important challenges remain. Our bilateral interventions, especially those by Prime Minister Martin, have highlighted how international the issue of overfishing is, and how significant support is for finding a global solution to the problem.

During the past 15 years, the international community has developed a series of tools and instruments to tackle this problem. Canada played a key role in the development of some of them, like the United Nations Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement and the Convention on Law of the Sea.

But while the world's negotiators and diplomats have been prolific in their endeavours, we decision makers have been weak in our actions. It is now time to act, before it is too late.

I have agreed to be part of the Ministerial High Seas Task Force with colleagues from Australia, Chile, Namibia and New Zealand, with the Minister of Environment for the United Kingdom as Chair. This Task Force will consider specific ways to expose illegal, unreported and unregulated (IUU) fishing activity and combat this activity on a global level.

On a complementary track, Canada is initiating an international process to address global overfishing. Heads of State and leaders have given their support for moving in this direction.

Canada will launch this effort with an international conference on the governance of high seas fisheries from 1 to 5 May 2005 in St. John's, Newfoundland and Labrador. The conference will discuss existing international fisheries governance and areas where there may be gaps and impediments for implementation. Its key focus will be on the United Nations Fish Stocks Agreement. I am pleased to invite the fishing nations of the world to attend the St. John's conference. For we need to move from words to action, together.

Our vision is that the St. John's conference will launch a process that results in global standards for an effective monitoring regime, including consistent sanctions for non-compliance. Obviously, the purpose in all of this is to revive and then operate sustainable and ecologically friendly fisheries the world over. That is a very tall order. Somehow we must develop a formula to benchmark standards that would lead us to consistent successes. Otherwise, all our agreements are mere words on paper.

Perhaps we can start by asking ourselves some questions. Are we consistently adhering to our international obligations and commitments? Can we fill in the gaps with existing mechanisms or are new ones needed? Do we have the scientific knowledge to inform decision-making about the management of ocean resources and their ecosystems? Do we have sound information-sharing systems in place between States and regional organizations?

The answers to such questions can help us establish some of the benchmarking standards that we seek.

In the end, real progress means making difficult choices. And this requires political courage. I acknowledge the complex nature of the enterprise. Competing interests are made particularly sharp by the unequal levels of prosperity among nations, by technology outstripping capacity, by environmental concerns, and by international politics. The list may seem endless. But it must not deter us.

Canada would not be so arrogant as to point fingers. All of us, in our frustration or sense of outrage, often want to point the finger of blame at someone else. It is much better that we hold up a mirror.

We have in our hands the means, and I believe the will, to do the right thing, for our children and our children's children. It is clear that with today's resolutions, and with the ongoing work of international bodies, we have begun to assemble the pieces of the puzzle. Our challenge now is to solve this puzzle, so that our oceans are once again full of life.

If we fail, we will all be diminished, and not just in the loss of vital food sources. We will also be diminished ethically, morally, and spiritually, in ways we cannot yet calculate. None of us wants to be marked down in the history books as the generation that knew enough to act, that knew what had to be done, yet failed nonetheless.

I remain optimistic. I think we have the means to be uplifted, so that in the years to come, our descendants will say that humankind did learn from past mistakes, and did bring us back from the brink of disaster, and that our oceans are, indeed, coming back to life.

Mr. Amayo (Kenya)

Today, 10 years ago, the United Nations Convention on the Law of the Sea (UNCLOS) entered into force. This anniversary presents an opportune time to reflect upon the achievements of the Convention over the past decade, as well as to explore its future direction and prospects.

At the outset, I wish to express my delegation's appreciation to the Office of Legal Affairs and its Division for Ocean Affairs and the Law of the Sea for the comprehensive reports issued for this session. These reports review developments over the past decade and identify the main achievements and challenges in the implementation of the Convention. My delegation hopes that our efforts in the next decade focus on addressing the myriad challenges that stand in the way of implementation.

The Convention has been called the constitution of the seas, and with good reason. It is the primary source of international law governing ocean affairs. At present, there are 145 States parties to the Convention, and its principles are universally applicable. The three main institutions established under the Convention have made significant progress in their respective areas.

The Commission on the Limits of the Continental Shelf continues to play a significant role in assisting States in the preparation of submissions with respect to the outer limits of the continental shelf. The revised rules of procedure were adopted in April 2004, simplifying procedures for States wishing to prepare submissions. However, implementation of article 76 of the Convention still poses a great challenge to many States. We hope that the Commission's continued focus on technical assistance and capacity-building for States in the preparation of their submissions will help expedite the submissions process. We urge that adequate resources be allocated to that vital function of the Commission to help diversify programmes and maximize the dissemination of expertise, particularly to developing coastal States.

The Government of Kenya has constituted an inter-ministerial technical committee to consider delimitation of Kenya's maritime zones. Issues under consideration by that committee include the review of maritime maps and charts deposited with the United Nations prior to the adoption of the Convention, modalities of delimiting maritime zones and a review of baselines. The committee is also considering a comprehensive revision of Kenya's maritime laws and other laws relating to exploration and exploitation of natural and mineral resources within its maritime zones to ensure compliance with the Convention.

A review of the work of the International Seabed Authority (ISA) over the past decade shows significant progress in administration and regulation of activities in the international seabed beyond national jurisdiction. It has adopted a regulatory framework for prospecting and exploring for polymetallic modules, and work on the elaboration of similar regimes to govern other resources in the seabed is under way. We encourage the Authority to continue collaborating with technical and scientific experts and institutions to ensure a wider dissemination of marine scientific research.

We note with satisfaction that the Authority, in the development of a regulatory regime for resources in the area, gives due regard to the conservation and protection of the marine environment and its rich biodiversity and to the need to ensure a balanced distribution of the benefits of deep seabed resources.

The International Tribunal for the Law of the Sea (ITLOS) plays an important role in the peaceful settlement of disputes arising from the application and interpretation of the Convention. The jurisprudence emanating from the Tribunal provides useful guidance to States in the management of maritime disputes. We urge adequate budgetary support to the Tribunal to facilitate its smooth operation and effectiveness.

In 2002, the Assembly, upon the recommendation of the Open-ended Informal Consultative Process on Oceans and the Law of the Sea, called for consideration of ways to improve the management of risks to maritime biodiversity. That was reiterated in resolution 58/240, which urged the protection of maritime ecosystems and biodiversity in areas beyond national jurisdiction. That was further reinforced by the World Summit on Sustainable Development's Plan of Implementation and the seventh meeting of the Conference of the Parties to the Convention on Biological Diversity, held in Kuala Lumpur in February this year. It is evident that there is an urgent need to increase focus on conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction. That biodiversity constitutes a vast reserve of resources and organisms of significant economic, scientific and environmental value. A balance must be struck between the need for economic exploitation and the need for conservation.

We therefore urge that a working group be established to examine existing regimes in this area and to look into modalities for conservation and sustainable use of biodiversity and for the protection of vulnerable marine ecosystems.

The protection of the coastal and marine environment is of critical importance to Kenya. At the national level, a comprehensive review of our maritime laws is being undertaken to enhance protection measures and to ensure harmonization with international and regional instruments. At the regional level, Kenya participates in a number of initiatives, including the United Nations Environment Programme Regional Seas Programme and the activities undertaken under the auspices of the Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region. We welcome the outcome of the Fifth Global Meeting of the Regional Seas, held in Nairobi from 25 to 27 November 2003, which culminated in the development of the regional seas strategic directions for 2004-2007. We further welcome the launching of a project in July this year by the Conference of States Parties to the Nairobi Convention to address the adverse effects of land-based activities in the Western Indian Ocean region.

The 1995 Fish Stocks Agreement is critical for the achievement of a sustainable global fisheries regime. In July 2004, Kenya acceded to that Agreement and is committed to its full implementation. We urge States that are not yet parties to the Agreement to consider ratification and accession to the Agreement to ensure coordinated and cooperative efforts in the management of fisheries. It is through adherence to that Agreement and other related global and regional fisheries agreements that we will be able to attain our common goal of balancing the need to contain the adverse effects of fishing on the marine ecosystem with the need to maintain fishing as a viable economic activity.

The regional fisheries management organizations play an important role in the implementation of the 1995 Fish Stocks Agreement. We urge increased support and funding for those organizations to enhance their effectiveness. Initiatives in that regard should concentrate on capacity-building for developing countries to enable them to maximize their economic potential in their fisheries sectors, while at the same time ensuring sustainability and conservation of marine ecosystems and biodiversity.

The Open-ended Informal Consultative Process on Oceans and the Law of the Sea has proved quite useful as a forum for the comprehensive exchange of views on ocean affairs. The theme for this year, "New sustainable uses of the oceans, including the conservation and management of the biological diversity of the seabed in areas beyond national jurisdiction", enabled participants to focus on this complex and sensitive subject. We urge greater focus on this topic in our subsequent deliberations.

Although gains have been made in the implementation of the Convention on the Law of the Sea and related agreements, full implementation is far from being achieved. This is the challenge before us as we celebrate this tenth anniversary. We need to re-examine our respective national implementation measures and mechanisms to ensure better implementation. This may call for a review of our internal policies and legislation. It is noteworthy that lack of capacity is the main constraining factor for many developing countries. Successive General Assembly resolutions have underscored the need to build capacity for developing countries. We note with appreciation that the United Nations has developed an integrated mechanism consisting of a wide range of advisory services, trust funds, training programmes and technical assistance to address that need.