SECRETARY-GENERAL HOPES GLOBAL TREATY TO REGULATE FISHING ON HIGH SEAS WILL COME INTO FORCE IN VERY NEAR FUTURE
Press Release
SG/SM/5835
L/T/4336
SECRETARY-GENERAL HOPES GLOBAL TREATY TO REGULATE FISHING ON HIGH SEAS WILL COME INTO FORCE IN VERY NEAR FUTURE
19951204 Following is the text of the statement by the Legal Council, Hans Corell, on behalf of Secretary-General Boutros Boutros-Ghali this morning at the signing ceremony of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks:It is with quite a feeling of elation that I address you this morning, during the fiftieth anniversary of the founding of the Organization, on the occasion of the signing of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
Today, we once again united in our determination to build on the foundation of the Charter and more specifically the United Nations Convention on the Law of the Sea by affixing our signatures to a treaty that should better preserve and protect for future generation the living marine resources of the oceans. At the same time, we show once again our commitment to the progressive development and codification of international law -- a commitment that goes had-in-hand with the purposes of the Charter, namely the maintenance of international peace and security and the peaceful, as well as the stable, economic development of all nations.
In the last 50 years, the international community, under the auspices of the United Nations, has been able to negotiate and achieve volumes of agreements, treaties and conventions covering nearly every aspect of human endeavour. Together, those instruments have, on times and occasions too numerous to mention, prevented conflicts by providing an alternative means of settling disputes. In fact, this body of international law has more often than not prevented disputes from rising to the level of conflict. It is ironic that while some choose to dwell on those areas where the United Nations is yet to achieve its full potential, steps, such as today's signing, which in the end amount to major achievements for the Organization, may be overlooked.
The Convention on the Law of the Sea is a prime example of an international instrument that has brought stability to an area often wrought with conflict and disputes. Today, the Convention is the accepted norm in terms of sovereignty, jurisdiction and use of ocean space and resources. It is also the framework for future elaboration of more detailed provisions in areas such as the protection of the marine environment, shipping regulations and maritime traffic, and the subject we address today, namely the conservation and management of living marine resources.
As you are well aware, the Convention on the Law of the Sea has placed a binding obligation on all Parties to cooperate with other States in taking measures as may be necessary for the conservation of the living resources of the high seas, and in particular ten types of stocks which the Agreement before you has dealt with. This is the basic legal obligation and foundation on which the Agreement is built.
This Agreement is significant and noteworthy in many aspects. While reinforcing the obligation of States under certain circumstances to conserve and manage the fishery resources in a responsible manner in areas under their national jurisdiction and on the high seas, it calls for effective enforcement on the high seas not only by the flag State, but also by non-flag States under certain circumstances. It is also noteworthy for its adoption of the "precautionary approach". As a result, the absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures.
While we celebrate this achievement in terms of further elaboration and codification of international law, let us not lose sight of the fact that today we sign an Agreement with practical effect and impact on the livelihood of many, as well as on a main source of nutrition for a great portion of the world's population.
In conclusion, I would stress that this Agreement touches on the cornerstones of international stability -- prevention of conflict, development of international law and, above all, economic development and cooperation among all States. I urge you all to sign and ratify this Agreement in the shortest possible time-frame. It is my sincere hope that the Agreement will come into force and be complied with in the very near future.
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