IMPORTANCE OF NEW AGREEMENT TO REGULATE HIGH SEAS FISHING STRESSED AS ASSEMBLY DISCUSSES SEA LAW, SUSTAINABLE USE OF MARINE LIVING RESOURCES
Press Release
GA/9024
IMPORTANCE OF NEW AGREEMENT TO REGULATE HIGH SEAS FISHING STRESSED AS ASSEMBLY DISCUSSES SEA LAW, SUSTAINABLE USE OF MARINE LIVING RESOURCES
19951205 Three Draft Resolutions IntroducedThe Convention on the Law of the Sea was in good shape and heading towards the open sea with a full sail and universal support, the representative of Fiji told the Assembly this morning as it began discussion of that law and the sustainable use and conservation of marine living resources. Many other speakers seconded the idea that the Convention was one of the Organization's greatest achievements; however, some issues were raised regarding on-going threats to the marine environment and the implementation of the Convention.
Expressing concerns about recent nuclear tests undertaken in the South Pacific region, the representative of Malaysia said it was the international community's particular responsibility to guarantee that the legal regime that governed the law of the sea was not wrecked by unilateral and arbitrary action by any State. He was also concerned by reports of rusting nuclear warships with nuclear reactors abandoned carelessly at their bases and of nuclear submarines lost or scuttled at sea.
The representative of Australia said the deadlock in proceeding to the election of the Council of the International Seabed Authority had been regrettable, and he urged all countries to approach the coming consultations on that issue in a spirit of cooperation and good faith.
The representative of Norway said those States that had signed the Agreement were under a legal obligation not to defeat its object and purpose and under a political and moral obligation to ensure rapid ratification, and he stressed that past practice was not always in conformity with the provisions of the Agreement.
The representative of Fiji, who is also President of the Meeting of States Parties to the Convention, introduced three draft resolutions. By the terms of the first draft resolution, the Assembly would request the Secretary-
General Assembly Plenary - 1a - Press Release GA/9024 80th Meeting (AM) 5 December 1995
General to convene meetings of States parties to the Convention between March and August 1996 to deal with several matters, including the initial budget of the International Tribunal for the Law of the Sea.
By the terms of the second draft resolution, the Assembly would seek early and universal adherence to the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Mangement of Straddling Fish Stocks and Highly Migratory Fish Stocks.
By the terms of the third draft resolution, the Assembly would take a series of actions relating to large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction, and fisheries' by-catch and discards.
Statements were also made this morning by the representatives of Canada, Sri Lanka, Ukraine, Marshall Islands and Indonesia.
The General Assembly will meet again at 3 p.m. today to continue its consideration of the law of the sea.
Assembly Work Programme
The Assembly met this morning to consider the United Nations Convention on the Law of the Sea and sustainable use and conservation of marine living resources. It had before it the Secretary-General's reports on the law of the sea; unauthorized fishing in zones of national jurisdiction; the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks; and the implementation of the moratorium on large-scale pelagic drift-net fishing; as well as the Secretary-General's note on fisheries by-catch and discards.
Also before the Assembly were three draft resolutions on implementation of the Convention on the Law of the Sea; conservation; management of straddling fish stocks and highly migratory fish stocks; and large-scale drift-net fishing unauthorized fishing and fisheries by-catch.
Draft Resolutions
By the text of a 40-Power draft resolution on the implementation of the United Nations Convention on the Law of the Sea (document A/50/L.34), the General Assembly would request the Secretary-General to convene the meetings of States parties to the Convention from 4 to 8 March, from 6 to 10 May and from 29 July to 2 August 1996, to deal, among others, with the initial budget and organizational and other related matters of the International Tribunal for the Law of the Sea.
The Assembly would approve the provision by the Secretary-General of services for the two meetings of the International Seabed Authority to be held in 1996, from 11 to 22 March and from 5 to 16 August. It would also approve the request of the Assembly of the Authority to continue the staff and facilities previously available to the Kingston Office for the Law of the Sea as the interim secretariat of the Authority, and authorize the Secretary- General to administer the interim secretariat until the Secretary-General of the Authority is able to assume effectively the responsibility of the Authority's secretariat.
The Assembly would reaffirm the importance of ensuring the uniform and consistent application of the Convention and a coordinated approach to its effective implementation, and of strengthening technical cooperation and financial assistance for this purpose.
The Secretary-General would be requested to ensure that the institutional capacity of the Organization adequately responds to the needs of States and competent international organizations by providing advice and assistance, taking into account the special needs of developing countries.
General Assembly Plenary - 4 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
The Assembly would call upon all States that have not done so to become parties to the Convention. It would further call on States to harmonize their national legislation with its provisions and to ensure the consistent application of those provisions.
The draft resolution is sponsored by Argentina, Australia, Austria, Brazil, Cameroon, Canada, Chile, China, Congo, Croatia, Cyprus, Denmark, Egypt, Fiji, Finland, Germany, Iceland, Indonesia, Israel, Italy, Jamaica, Kenya, Malaysia, Marshall Islands, Mauritania, Mexico, Namibia, New Zealand, Norway, Portugal, Samoa, Senegal, Singapore, Sweden, Trinidad and Tobago, Tunisia, Ukraine, United Kingdom, United States and Uruguay.
By the text of a 21-Power draft resolution on the Agreement for the Implementation of the Provisions of the 1982 United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (document A/50/L.35), the General Assembly would welcome the opening for signature of the Agreement on 4 December and would emphasize the importance of its early entry into force and effective implementation. It would call upon all States and entities that have not signed, ratified or acceded to the Agreement to do so and consider applying it provisionally.
The Assembly would request the Secretary-General to ensure that reporting on all major fisheries-related activities and instruments is effectively coordinated and duplication of activities and reporting minimized and that relevant scientific and technical studies are disseminated to the international community. To that end, the Assembly would also invite the relevant specialized agencies, including the Food and Agriculture Organization (FAO), as well as regional and subregional fisheries organizations and arrangements, to cooperate with the Secretary-General.
The Assembly would also request the Secretary-General to report to it on developments relating to the conservation and management of straddling fish stocks and highly migratory fish stocks at the next session and biennially thereafter.
The draft resolution is sponsored by Argentina, Australia, Brazil, Canada, Fiji, Iceland, Indonesia, Israel, Malaysia, Marshall Islands, Mauritania, Namibia, New Zealand, Norway, Samoa, Senegal, Singapore, Trinidad and Tobago, Ukraine, United States and Uruguay.
By the text of a 17-Power draft resolution the Assembly would take a series of actions relating to large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction, and fisheries by-catch and discards (document A/50/L.36).
Concerning large-scale pelagic drift-net fishing, the Assembly would reaffirm the importance it attaches to compliance with its resolution 46/215,
General Assembly Plenary - 5 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
particularly to those provisions of the resolution calling for full implementation of a global moratorium on all such fishing on the high seas. It would urge all authorities of members of the international community to take greater enforcement responsibility to ensure full compliance with that resolution, and to impose appropriate sanctions against acts contrary to the terms of the resolution.
Concerning unauthorized fishing in zones of national jurisdiction, it would call upon States to take the responsibility, consistent with their obligations under international law, to take measures to ensure that no fishing vessels entitled to fly their national flags fish in areas under the national jurisdiction of other States unless duly authorized by the competent authorities of the coastal State or States concerned.
Concerning fisheries by-catch and discards, it would urge States, relevant international organizations, and regional and subregional fisheries management organizations and arrangements to take action to adopt policies, apply measures, collect and exchange data and develop techniques to reduce by- catches, fish discards, and post-harvest losses.
The Assembly would also call upon development assistance organizations to make it a high priority to support, including through financial and/or technical assistance, efforts of developing coastal States, particularly the least developed countries and the small island developing States, to improve the monitoring and control of fishing activities and the enforcement of fishing regulations.
The Assembly would request the Secretary-General to bring the present resolution to the attention of all members of the international community, and would also request him to ensure that reporting on all major fisheries-related activities and instruments is effectively coordinated and duplication of activities and reporting minimized.
The draft resolution is sponsored by Australia, Canada, Chile, Fiji, Grenada, Indonesia, Israel, Malaysia, Marshall Islands, Mauritania, New Zealand, Peru, Samoa, Singapore, Trinidad and Tobago, United States and Uruguay.
Reports
A report of the Secretary-General on the law of the sea (document A/50/713) states that since the entry into force of the United Nations Convention on the Law of the Sea in November 1994, 13 more States had deposited their instruments of ratification, accession or succession, bringing the total number of States parties to 81.
General Assembly Plenary - 6 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
The report reviews the impact of the Convention on national legislation, stating that the trend in State practice to adopt or modify legislation in order to comply with the provisions of the Convention has continued to slow down during the past year.
Regarding the activities of the International Seabed Authority, the report recalls that the Assembly of the Authority had been charged with electing 36 members to the Council. Although substantial progress had been made within each group and among the various groups, and in spite of efforts by the President of the Assembly and others, it had not been possible to establish the Council by the end of the first session. Informal inter- sessional consultations by the President on the subject were scheduled to be held from 6 to 8 December. The Authority's Secretary-General is to be elected from among the candidates proposed by the Council.
Other developments relating to the law of the sea and ocean affairs are reviewed in the report, including maritime disputes and conflicts. Among those is a dispute between Canada and Spain concerning the boarding on the high seas, on 9 March, of a fishing boat called the Estai sailing under the Spanish flag. By an order of 2 May, the President of the International Court of Justice declared that the written proceedings should first address the question of the jurisdiction of the Court to entertain the dispute, and fixed 28 September as the time-limit for the filing of a memorial by Spain, and 29 February 1996 as the time-limit for the filing of a counter-memorial by Canada.
Reviewing crimes at sea, the report contains a section on illicit traffic in narcotic drugs and psychotropic substances which states that maritime law-enforcement capability was often weak, and domestic legal restrictions in some States further limited the interception capabilities of certain coastal States.
Concerning pollution, the report states that the efforts of the International Maritime Organization (IMO) to improve safety and reduce pollution were paying off. The rate of serious casualties was falling and the amount of oil and other pollutants entering the sea from ships had been decreasing dramatically. "But recently there has been a disturbing rise in accidents", according to the report. The IMO is greatly concerned that measures to date may not be enough to cope with problems that may become worse in the next few years. Major changes in approach may be needed, including changes in the overall approach to maritime safety.
The Secretary-General's report on unauthorized fishing (document A/50/549) is submitted in response to Assembly resolution 49/116 of 19 December 1994. That resolution calls on States to take measures to ensure that no fishing vessels entitled to fly their national flag fished in zones under the national jurisdiction of other States unless duly authorized.
General Assembly Plenary - 7 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
The report contains information on the steps taken and problems encountered by States as well as intergovernmental organizations, regional and subregional fisheries organizations and arrangements and United Nations organizations and bodies in the implemention of the resolution.
Another report describes the work of the Conference which led to 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 High Migratory Fish Stocks (document A/50/550).
The Agreement, which was signed by 25 countries at a ceremony on 4 December, includes ground-breaking provisions to ensure compatible conservation and management measures between high-seas areas and coastal zones under national jurisdiction. A major feature of the treaty is its "precautionary approach", by which States are obligated to act conservatively when there is doubt about the viability of stocks.
The Agreement will enter into force 30 days after its ratification by 30 signatories -- a process expected to take about two years. In the meantime, many countries are expected to implement it on a provisional basis.
(For additional information on the Agreement, see Press Releases SEA/1506-L/T/4335 of 1 December and SEA/1508 of 4 December.)
A report of the Secretary-General on the implementation of the moratorium on large-scale pelagic drift-net fishing (document A/50/553), is submitted in response to Assembly resolution 49/436, which requested information on the implementation of the Assembly's 1992 call for a global moratorium.
It states that among the intergovernmental organizations responding to a note verbale on the moratorium, the Commission for the Conservation of Antarctic Marine Living Resources reported no violations of that organization's 1990 resolution opposing the expansion of large-scale pelagic drift-net fishing into the high seas in the previous year. The South Pacific Forum Fisheries Agency also indicated no known incidents of the practice.
The Council of Europe stated that resolution 49/236 would be taken into account in the implementation of the Bern Convention of 19 September 1979 on the Conservation of European Wildlife and Natural Habitats, according to the report.
The report goes on to state that further declines in the practice during 1994/1995 were reported by the FAO. That was principally due to measures adopted by the States and entities that had previously sanctioned the use of that type of gear. The FAO also indicated that the major area for the
General Assembly Plenary - 8 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
practice was the Mediterranean Sea, where predominantly Italian flag or origin vessels operated in contravention of the international moratorium and European Community law.
Among the responses included in the Secretary-General's general regional review, the United States wrote that, "Since 1990, it has been unlawful for any United States national or fishing vessel to engage in large-scale drift- net fishing in any area under the fisheries jurisdiction of the United States or beyond the exclusive economic zone of any nation."
The United States went on to state that its Drift-net Act Amendments of 1990 and the High Seas Drift-net Fisheries Enforcement Act of November 1992 had secured a permanent ban on destructive fishing practices, and on large- scale drift-nets in particular. The Act also provided for denial of port privileges for any large-scale drift-net vessel and sanctions for any nation whose nationals or vessels engaged in the practice. The United States Coast Guard and National Marine Fisheries Service continued enforcement and surveillance activities in North-Pacific areas of former large-scale drift-net fishing and no activity was sighted by patrols in 1994.
According to a submission of the FAO, the Governments of Japan and Republic of Korea and the fisheries administration in Taiwan, Province of China, had reported no violations of policies and measures adopted to implement the moratorium during 1994/1995.
During 1994, French and Italian vessels with large-scale pelagic drift- net gear in excess of 2.5 kilometres were operating in the North-East Atlantic Ocean and the Mediterranean Sea, the FAO stated. "Conflict among European Community fishermen over the use of large-scale pelagic drift-nets in 1994 was reported in the Bay of Biscay. Spanish fishermen, who are forced by national law to use pole-and-line gear when targeting albacore tuna in the Bay of Biscay, maintained that Irish and French vessels were using drift-nets in excess of 2.5 kilometres."
The Asia Pacific Fishery Commission reported no large-scale drift-net fishing in Malaysia and Pakistan. The Philippines fishing authorities had recommended to the Government that it accede to Protocol II of the Convention for the Prohibition of Fishing with Long Drift-nets in the South Pacific, since it did not forbid gill nets used by that country.
Among the non-governmental organizations responding to the Secretary- General's note verbale on the matter, Greenpeace International stated that, despite the European Council ban on drift-nets longer than 2.5 kilometres, the European Union probably had the largest fleet in the world operating in contravention of Assembly resolutions and decisions on drift-net fishing.
General Assembly Plenary - 9 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
The Federation of Japan Tuna Fisheries Cooperative Associations' submission to the Secretary-General requested the United Nations to re-examine the issue of drift-net fisheries "from scratch". The issue should be assigned to the FAO as a specialized agency established to cope with the issue of food security. The United Nations had neglected the results of regional observer programmes and other kinds of scientific surveys, the Federation stated. The moratorium had been sought without benefit of a thorough scientific debate. Such resolutions had left a stain upon the reputation of the United Nations.
The section of the Secretary-General's report devoted to the Atlantic Ocean region contains the responses of Guyana, the Netherlands and Venezuela, as well as such international organizations as the International Commission for the Conservation of Atlantic Tunas, the North Atlantic Salmon Conservation Organization and others. In general, the responding countries and organizations indicated they were unaware of any large-scale drift-net fishing within the convention area.
However, in addition to its statement cited above, Greenpeace International wrote that French, Irish and United Kingdom drift-netters had been detected by Spanish fishermen and fisheries control boats in 1994. Illegal large-scale drift-net fishing was bound to continue in the North-East Atlantic if the practice were not banned and effective law enforcement action taken, Greenpeace wrote.
The Secretary-General's regional review also includes the responses of States and international and non-governmental organizations regarding the Baltic Sea, the Indian Ocean and South China Sea, the Mediterranean and the Pacific Ocean regions.
Morocco reported that low-technology drift-nets had been authorized only for artisanal coastal fishing. However Greenpeace International reported that Morocco was developing a pelagic drift-net fishery.
The section of the Secretary-General's report on the Pacific Ocean contains information provided by Fiji, Federated States of Micronesia, United States, China, the South Pacific Forum Fisheries Agency and the North Pacific Anadromous Fish Commission.
A report of the FAO on fisheries by-catch and discards annexed to a note of the Secretary-General (document A/50/552), is submitted in response to Assembly resolution 49/118 of 19 December 1994. That resolution invited the FAO to review the impact of fisheries by-catch and discards on the sustainable use of living marine resources, and to formulate provisions in its Code of Conduct for Responsible Fishing.
General Assembly Plenary - 10 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
The report states that the term "fisheries by-catch" is defined as all species captured other than target species, while "discards" may constitute a small-to-significant fraction of the by-catch, depending on the nature of the fisheries and local customs.
The FAO report states that the draft Code of Conduct has been formulated to be consistent with the 1982 United Nations Convention on the Law of the Sea, taking into account the 1992 Declaration of Cancun, the 1992 Rio Declaration and the provisions of Agenda 21 of the United Nations Conference on Environment and Development (UNCED), the Strategy endorsed by the 1984 FAO World Conference on Fisheries Management and Development and other relevant instruments. It would also take into account the outcome of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.
It concludes that a strategy to reduce the level of by-catch would involve improving the selectivity of fishing gear and fishing methods. A precautionary approach to fisheries management may be necessary pending the determination of stocks of fish whose individuals constitute by-catch, as well as their biologically allowable mortality. The FAO estimates that to reduce discards by around 60 per cent by the year 2000, the FAO and national research institutes would need to strengthen and widen the scope of the current programmes on gear selectivity.
Resolutions Introduced
SATYA N. NANDAN (Fiji), President of the Meeting of States Parties to the Convention on the Law of the Sea and Chairman of the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, introduced this morning three draft resolutions on the law of the sea and sustainable use and conservation of the marine living resources of the high seas.
He said that last year, the 1982 Convention on the Law of the Sea entered into force. The adoption by the Assembly of the Agreement relating to the Implementation of Part XI of the Convention on 28 November 1994 extended the consensus that prevailed on most of the Convention to its entirety. There were now 83 States parties to the Convention. It was possible the number would reach 100 in coming months. Overall, the Convention was in good shape and was heading towards the open sea with a full sail and universal support.
He said the Convention laid out new rules for the use of the oceans and the management of its resources and established a balance between competing users. That would require considerable adjustments of national laws. The subject had preoccupied the United Nations since its founding. The need for a Convention on the Law of the Sea arose from the wide-scale use of the oceans for commerce and communications as well as the existence of resources.
General Assembly Plenary - 11 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
He said much work now remained to be done on national, regional and local levels. The entry into force of the Convention triggered new activities and the need for new areas of cooperation among states. The essential components of the global system for the rule of law in the oceans and the maintenance of peace and security were the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf.
He said that one very significant conclusion that could be drawn from the Secretary-General's report to the Assembly on the Law of the Sea was the remarkable degree of uniformity among States as a consequence of the Convention. "Who would have thought that there would have been 130 States that will adopt the 12-mile or less territorial sea limit, or that more than 110 States have adopted a 200-mile exclusive zone or fisheries zone?" he asked.
He announced that Cape Verde, Guyana, Lebanon and Myanmar were additional sponsors of draft resolution L.34, Cape Verde had joined the sponsors of draft resolution L.35, and Argentina was now a co-sponsor of draft resolution L.36.
Statements
BRIAN TOBIN, Minister for Fisheries and Oceans of Canada, reviewed the origins of the law of the freedom of the seas and the efforts to enlarge and perfect that aspect of international law. Regarding the Law of the Sea Convention, he said, "We have sought to develop new international law to give effect to the principle of sustainable development". While the scope and comprehensiveness of the 1982 Convention was unrivalled in international law, its provisions regarding high seas fisheries were stated in such general terms as not to provide practical guidance for the conduct of international relations.
The complementary Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in 1993 had recognized that fleets fishing on the high seas in every ocean were threatening straddling and highly migratory fish stocks, he said. "The problems that developed in the 80s are well known. These problems plunged straddling fish stocks to the brink of commercial extinction by the mid-90s", he said.
That was why a new convention to implement the high seas fisheries provisions of the 1982 Convention and protect straddling stocks was a national priority for Canada, he said. The new convention approved at the Conference was a means to end high-seas overfishing. It provided for regional fisheries organizations to manage those fish stocks in cooperation with coastal States.
General Assembly Plenary - 12 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
He said the convention also provided means for members of the regional fisheries organizations or arrangements to take enforcement action against vessels fishing on the high seas when the flag State was unable or unwilling to do so. The convention would be fully implemented when all major fishing countries had ratified it and when and fisheries management organizations had been brought into conformity with it. "I am confident that full implementation of the new convention will be achieved, based on a new conservation ethic", he said.
HERMAN L. DE SILVA (Sri Lanka) said the 1982 United Nations Convention on the Law of the Sea was one of the greatest achievements of the Organization. Sri Lanka, as a contracting party to the Convention and as a signatory to the Agreement, had established its consent to be bound by the Agreement. The increasing willingness of the International community to accept the new regime of the law of the sea was attested by the fact that the total number of States that had deposited their instruments of ratification, accession or succession now stood at 81.
Sri Lanka was in the process of finalizing the necessary internal procedures to become a party to the Agreement, he continued. A demonstration of its interest in the conservation and management of marine stocks was its offer to host the Indian Ocean tuna commission.
DAVID JULL, Member of Parliament of Australia, said the deadlock in proceeding to the election of the Council of the International Seabed Authority had been regrettable. He hoped that situation could be remedied soon, and urged all countries to approach the coming consultations on that issue in a spirit of cooperation and good faith. Australians would be candidates in the elections for the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf.
Australia's signature of the Agreement signalled its full support for the regime the Agreement created and its commitment to the principles the Agreement embodied, he said. Although concerns remained regarding continued drift-netting in some high seas areas, the decision to stop such fishing on the high seas had been a significant step. He urged all members of the international community to work for full and effective implementation of the Assembly resolutions and the Wellington Convention regarding the prohibition of the use of long drift nets in the South Pacific.
MIKHALA SHEVEDENKO, Minister of Fisheries of Ukraine, said the United Nations Convention on the Law of the Sea was a monumental achievement. At the meeting of the States parties to the Convention, the election of members to the Tribunal on the Law of the Sea was postponed so that the countries which were still to become parties to the Convention would also be able to participate in the process.
General Assembly Plenary - 13 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
In accord with the Convention, Ukraine would cooperate with other States in the protection and conservation of marine resources, he said. The protection and preservation of the Black Sea was an issue of concern to his country. Oceanic fishing was important to Ukraine and it could not overemphasize the need for an international agreement to preserve the sea environment. Therefore, it had actively participated in the Conference and had helped reach compromises. Now, steps ought to be taken to implement the Agreement.
RAZALI ISMAIL (Malaysia) said that to ensure the credibility and stature of the Tribunal, it was imperative that only those with recognized competence in the field of the law of the sea and who enjoyed the highest reputation for fairness and integrity be elected. The composition of the Tribunal should also reflect the principles of representation of the world's main legal systems and of equitable geographical distribution. In addition, "to have the best, we must also be prepared to pay for the best".
The Agreement would ensure long-term sustainability of the straddling fish stocks and highly migratory fish stocks while promoting their optimum utilization, he said. States should apply the precautionary approach in the conservation, management and exploitation of those stocks to protect the living marine resources and preserve the marine environment. More attention should be paid to the destructive effects of large-scale pelagic drift-net fishing. Malaysia had already taken appropriate regulatory steps concerning such fishing; similar steps had also been taken on trawl-net fishing to reduce by-catch and discards.
He said it was the international community's particular responsibility to guarantee that the legal regime that governed the law of the sea was not wrecked by unilateral and arbitrary action by any State. Malaysia was particularly perturbed over the recent spate of nuclear tests undertaken in the South Pacific region and their consequential detrimental effects on the marine environment of the region. "My delegation strongly condemns these nuclear tests, undertaken in flagrant disregard of worldwide protests, as both immoral and highly irresponsible acts not only against the peoples in the South Pacific region but also against humanity, present and future."
The potential threat posed by nuclear warships and submarines was also of concern, he continued. There were reports of rusting nuclear warships with nuclear reactors abandoned carelessly at their bases. Some nuclear submarines had had accidents and been lost at sea. Others had been disposed of by simply scuttling them at sea. The international community should begin to assess the magnitude of the damage to the marine environment caused by those illegal nuclear-related activities.
GUY E.C. MAITLAND, Senior Deputy Commissioner of Maritime Affairs for the Marshall Islands, said the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks was "a monumental journey which we embarked on because
General Assembly Plenary - 14 - Press Release GA/9024 80th Meeting (AM) 5 December 1995
we could all recognize that there was a fundamental gap in the order which we had tried to impose on the world's oceans". The Agreement would provide new opportunities for cooperation, and he was particularly mindful of the chapter dealing with the special requirements of developing countries. He was pleased that a large number of States had signed the Agreement and that a large number had signed the Final Act yesterday. He hoped that those countries would also speedily ratify the Agreement so that it could enter into force. The Marshall Islands had become a co-sponsor of all three draft resolutions under the item of the Law of the Sea because of the paramount importance it placed on the safe and sustainable use, conservation and management of the resources of the oceans.
ISSLAMET POERNOMO (Indonesia) said his country hoped the informal consultations to be held later this week would lead to workable solutions on the election of the 36-member International Seabed Authority Council. The Council would comprise four groups representing the various interests in seabed mining of which 18 were to be elected. That would pave the way for appointing the Authority's Secretary-General.
He said Indonesia attached great importance to securing the benefits of the new ocean regime and its potential to complement national development goals. South-East Asian countries had taken an initiative to promote cooperation for resource development and rational utilization of the oceans. Cooperation in the South China Sea would ensure the region's continued stability and help meet the urgent development needs of its people. Protection of the marine environment and effective and balanced conservation must remain high on the agenda of the international community. The Agreement would facilitate effective conservation and management of fish stocks through the promotion of enhanced cooperation.
JAN HENRY T. OLSEN, Minister of Fisheries of Norway, said an Agreement had been signed which held great promise. The challenge now was to turn that promise into reality. Those States which had signed the Agreement were under a legal obligation not to defeat its object and purpose and under a political and moral obligation to ensure rapid ratification. Norway had initiated steps towards ratification.
He stressed that past practice was not always in conformity with the provisions of the Agreement. Therefore, the present stage was crucial both in respect of preserving the integrity of the Agreement and in terms of ensuring its status under international law. If the status quo were allowed to continue, everybody would stand to lose. The Agreement had struck a careful balance between the various national interests. However, it had been charged that the Agreement catered excessively to the view of the coastal States. That was a biased perception, for while the Agreement was good from the coastal State perspective, that did not reflect of any change in the fundamental principles of the 1982 Convention. Rather, it recognized and confirmed the pre-eminence of coastal States' interests enshrined in the 1982 Convention.
* *** *