ASSEMBLY CONTINUES CONSIDERATION OF OCEANS AND LAW OF SEA

Press Release
GA/9666

ASSEMBLY CONTINUES CONSIDERATION OF OCEANS AND LAW OF SEA

Dangers of Overfishing, Depletion of Straddling and Migratory Fish Stocks, Importance of Compliance with Law of Sea Convention Discussed

As the General Assembly continued its consideration of oceans and the law of the sea this afternoon, a number of speakers warned of the dangers of overfishing and the depletion of straddling and migratory fish stocks. They also called for compliance with and implementation of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling and Highly Migratory Fish Stocks and the 1995 United Nations Agreement on the Conservation and Management of such stocks.

India's representative said the adoption of that Agreement was especially important in view of the caution sounded by the Food and Agricultural Organization (FAO) that 60 to 70 per cent of fish stocks were being overfished and required urgent intervention to avoid further decline below replacement levels. Also, overfishing continued in contravention of applicable regional conservation regimes, while some States were not meeting their obligations to ensure compliance by their flag vessels. Small-scale fisheries, including subsistence fisheries, should also be protected in view of their socio-economic importance to coastal States in developing countries.

The speaker from the Philippines said poaching and illegal fishing by foreign vessels had become rampant, threatening the sustainability of his country's fisheries and fishing sector. Marginal Filipino fishermen and their communities were particularly affected. The well-being of a large number of his people was in serious danger.

The representative of Solomon Islands said pollution, destruction of the marine ecosystem and its biodiversity, overfishing, and the impact of climate change all constituted great threats to small island developing States like his, since the challenges posed were beyond their control.

Addressing similar issues, the representative if Jamaica, speaking on behalf of the Caribbean Community (CARICOM), said the proposed initiative to recognize the Caribbean Sea as a special area in the context of sustainable development had been born of genuine concern on the part the Community's member States at the progressive degradation of its marine environment and an increasing recognition of the need for an integrated approach to the management of environmental resources. She looked forward to the support of the international community in the pursuit of that initiative.

General Assembly Plenary - 1a - Press Release GA/9666 61st Meeting (PM) 22 November 1999

The representative of China said the draft mining code, under consideration by the Council of the International Seabed Authority, was a document of major importance in the international system governing the seabed. It should safeguard the legitimate interests of the developing countries in technology transfers and technical training and should also include sufficient provisions on the protection of the marine environment.

Noting that there had been disagreement about the need for the regulation of fisheries activities in the southern ocean, which was primarily an international body of water, the representative of Papua New Guinea called for greater measures to be undertaken and agreed to by all interested parties at the global level. "If we the coastal States are expected to sustainably manage our economic zones, then the reciprocal principle is that those with the means to exploit the high seas indiscriminately should also apply stringent precautionary measures and management tools", he said.

The representative of Iceland said it was widely recognized that marine pollution from land-based activities was putting increasing pressure on the health of the world's oceans. That had to be tackled effectively by the international community. Persistent organic pollutants were of special concern. The negotiations under the auspices of the United Nations Environmental Programme (UNEP) for an internationally legally binding agreement aimed at eliminating the production and use of certain types of those pollutants was, therefore, vitally important.

Speakers also addressed the issues of combating transnational crime on the high seas, which threatened coastal States, and reaching an agreement on secure maritime boundaries, emphasizing that such agreements promoted peace and stability at the regional level.

Statements were also made this afternoon by the representatives of Ukraine, Norway, Republic of Korea, Mexico (for the Rio Group), Japan, Egypt, Guatemala, Croatia, Slovakia, Russian Federation and Viet Nam.

The Assembly will meet again on Wednesday at 10 a.m. to continue its consideration of oceans and the law of the sea, and begin deliberations on building a peaceful and better world through sport and the Olympic ideal and multilingualism.

Assembly Work Programme

The Assembly met this afternoon to continue its consideration of oceans and the law of the sea. It is expected to take action on the following draft resolutions.

By the terms of the draft resolution on oceans and the law of the sea (document A/54/L.31), the Assembly would call upon all States that have not yet done so to become parties to the Convention on the Law of the Sea and the related agreement on its implementation, in order to achieve universal participation. The Assembly would also call upon States to harmonize, as a matter of priority, their national legislation with the provisions of the Convention, to ensure the consistent application of those provisions and to ensure also that any declarations or statements that they have made or make when signing, ratifying or acceding are in conformity with the Convention and to withdraw any of their declarations or statements that are not in conformity.

It would also encourage States parties to the Convention to deposit with the Secretary-General charts and lists of geographical coordinates, as provided for in the Convention, and would request the Secretary-General to convene the tenth Meeting of States Parties to the Convention in New York from 22 to 26 May 2000.

The Assembly would appeal to all States parties to the Convention to pay their assessed contributions to the Authority and to the Tribunal, respectively, in full and on time in order to ensure that they are able to carry out their functions as provided for in the Convention, and would also appeal to the States which are former provisional members of the Authority to pay any outstanding contributions.

The Assembly would also approve the convening by the Secretary-General of the seventh session of the Commission on the Limits of the Continental Shelf in New York from 1 to 5 May 2000 and, if necessary, an eighth session from 28 August to 1 September 2000.

Further, the Assembly would urge States to take all practicable steps to prevent the pollution of the sea by dumping of radioactive materials and industrial wastes, and would encourage States to continue to support the regional seas programme, which has achieved success in a number of geographic areas, and to work within the United Nations Environment Programme (UNEP) to enhance cooperation in the protection of the marine environment. It would also call upon States to cooperate fully with the International Maritime Organization (IMO) to combat piracy and armed robbery against ships, including by submitting reports on incidents to that organization.

The Assembly would urge all States, in particular, coastal States in affected regions, to take all necessary steps and appropriate measures to prevent and combat incidents of piracy and armed robbery at sea, including through regional cooperation, and to investigate or cooperate in the investigation of such incidents wherever they occur and bring the alleged perpetrators to justice, in accordance with international law.

The Assembly would also reaffirm the importance of ensuring the uniform and consistent application of the Convention and a coordinated approach to its overall implementation, and of strengthening technical cooperation and financial assistance for that purpose, and would reiterate its invitation to the competent international organizations and other international bodies to support those objectives.

The text is co-sponsored by Australia, Austria, Belgium, Brazil, Canada, China, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Fiji, Finland, France, Germany, Greece, Guatemala, Haiti, Iceland, India, Ireland, Italy, Jamaica, Kenya, Malta, Marshall Islands, Mexico, Monaco, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nigeria, Norway, Papua New Guinea, Portugal, Republic of Korea, Russian Federation, Samoa, Senegal, Slovenia, Solomon Islands, South Africa, Sri Lanka, Sudan, Sweden, Trinidad and Tobago, Ukraine, United Kingdom, United States and Uruguay.

A draft resolution on the Fish Stocks Agreement (document A/54/L.28) would have the Assembly call on all States and other entities referred to in article 1, paragraph 2 (b), of the Agreement that have not done so to ratify or accede to it and consider applying it provisionally.

It would further call on all States to ensure that their vessels comply with the conservation and management measures in accordance with the Agreement that have been adopted by subregional and regional fisheries management organizations and arrangements, and not to permit vessels flying their flag to engage in fishing on the high seas without having effective control over their activities and to take specific measures to control fishing operations by vessels flying their flag.

It would urge all States to participate in the efforts of the Food and Agricultural Organization (FAO) to develop an international plan of action to address illegal, unregulated and unreported fishing, in particular, the Meeting of Experts and Technical Consultation of the FAO scheduled for 2000, and in all efforts to coordinate all the work of the FAO with other international organizations, including the IMO.

It would encourage all States to provide assistance to developing States as outlined in the Agreement, and would note the importance of participation by representatives of developing States in forums in which fisheries issues are discussed.

It would also encourage States and other entities to integrate in an appropriate manner the requirements of the protection of the environment, notably those resulting from multilateral environmental agreements, in the management of straddling fish stocks and highly migratory fish stocks.

The text is sponsored by Canada, Norway, Papua New Guinea and the United States.

By the terms of a draft resolution on the result of the review by the Commission on Sustainable Development (document A/54/L.32), the Assembly would decide, consistent with the legal framework provided by the United Nations Convention on the Law of the Sea, to establish an open-ended informal consultative process in order to facilitate the annual review by the General Assembly, in an effective and constructive manner, of developments in ocean affairs by considering the Secretary-General's report on oceans and the law of the sea and by suggesting particular issues to be considered by it, with an emphasis on identifying areas where coordination and cooperation at the intergovernmental and inter-agency levels should be enhanced.

It would also decide that the meetings within the framework of the consultative process will be open to all States Members of the United Nations, States members of the specialized agencies, all parties to the Convention, entities that have received a standing invitation to participate as observers in the work of the General Assembly pursuant to its relevant resolutions, and intergovernmental organizations with competence in ocean affairs. Further, the meetings will take place for one week each year, and in 2000 will be held from 30 May to 2 June, and they will deliberate on the Secretary-General's report on oceans and the law of the sea, with due account given to any particular resolution or decision of the General Assembly, any relevant special reports of the Secretary-General, and any relevant recommendations of the Commission on Sustainable Development.

The Assembly would also request the Secretary-General, working in cooperation with the heads of relevant organizations of the United Nations, to include in his annual comprehensive report to the General Assembly on oceans and the law of the sea, suggestions on initiatives that could be undertaken to improve coordination and cooperation and achieve better integration on ocean affairs.

It would also request the Secretary-General to undertake measures to improve the effectiveness, transparency and responsiveness of the Subcommittee on Oceans and Coastal Areas of the Administrative Committee on Coordination (ACC) and to include information on progress in that regard in his report on oceans and law of the sea.

The text is sponsored by Argentina, Australia, Bolivia, Brazil, Canada, Chile, Costa Rica, Croatia, Cyprus, Federated States of Micronesia, Fiji, Guatemala, Israel, Lesotho, Malta, Marshall Islands, Mexico, Namibia, New Zealand, Nigeria, Palau, Papua New Guinea, Paraguay, Samoa, Solomon Islands, South Africa, The former Yugoslav Republic of Macedonia, Tonga, Trinidad and Tobago, United States, Uruguay and Vanuatu.

Statements

PETER DONIGI (Papua New Guinea) said assistance to developing countries in the preparation and lodgement of the charts required by the Convention on the Law of the Sea was a critical area that required joint efforts from both developing and developed countries. Noting that there had been disagreement about the need for the regulation of fisheries activities in the southern ocean, which was primarily an international body of water, he called for greater measures to be undertaken and agreed to by all interested parties at the global level. "If we the coastal States are expected to sustainably manage our economic zones, then the reciprocal principle is that those with the means to exploit the high seas indiscriminately should also apply stringent precautionary measures and management tools", he said. The principle of sustainable development for all mankind involved the curtailment of accesses so as to replenish the ocean environment.

He said the consultative process for the draft on international cooperation and coordination by both intergovernmental and inter-agency levels could not work effectively, unless the two co-chairs of the process were appointed as soon as possible to give them adequate time to consult with delegations regarding the formats for the meetings. The task of appointing those two persons had been left to the President of the Assembly. Papua New Guinea hoped an announcement would be made before the end of the year so that consultations could start as soon as possible.

VOLODYMYR YEL’CHENKO (Ukraine) said the United Nations Convention on the Law of the Sea was one of the greatest achievements of the recent past. Though it had been developed some 25 years ago, the principles it embodied had proved to be more evident today than when it had first been adopted.

He said his country had acceded to the Convention on 26 July, and this confirmed its full participation in international cooperation in matters of ocean affairs and the law of the sea. The Convention had always been among Ukraine’s high legal priorities, and it had ensured the strict observance of its provisions at the national level for many years. The Convention was now an integral part of its national legislation.

As a geographically disadvantaged country bordering a poor sea, he said, Ukraine reaffirmed the necessity to develop international cooperation for the exploitation of the living resources of economic zones, on the basis of just and equitable agreements that should ensure access to fishing resources in the economic zones of other regions and subregions. Ukraine had for years been a long-distance fishing nation and had cooperated with the coastal States of many regions on the issue of conservation and the rational utilization of living resources. In this regard, it had joined the Northwest Atlantic Fisheries Organization this year.

He supported the efforts of coastal States to improve the conditions of navigation, especially in waterways used for international navigation, but emphasized that those efforts should be undertaken in a spirit of cooperation. They should also take into consideration the needs and interests of all States concerned.

OLE PETER KOLBY (Norway) welcomed the IMO’s work in regulating the prevention and pollution of the marine environment from ships. Its work in preparing an international convention for liability and compensation for damage caused by oil from ships’ bunkers constituted a generally accepted solution to the problem.

Turning to the issue of the proposed agreement on underwater cultural heritage currently under discussion, he said it was important to avoid any new regulations that could disturb the carefully balanced package of jurisdiction in maritime areas reflected in the Convention on the Law of the Sea. He also doubted whether the United Nations Educational, Scientific and Cultural Organization (UNESCO) was the appropriate forum for the negotiation and adoption of such an agreement. He was convinced that the General Assembly should provide the necessary guidance and coordination on such matters.

A sound development of fisheries resources was of fundamental significance to Norway, he continued. It was, therefore, a matter of concern that almost four years after the adoption of the United Nations Fish Stock Agreement, it had still not entered into force. He urged other States to ratify and implement the Agreement as soon as possible.

He welcomed and strongly supported the different initiatives taken by several regional fisheries organizations to combat unregulated fisheries on the high seas and explained that Norway had also established a further regulation in an attempt to discourage the practice. This regulation stated that a licence to fish in Norwegian waters could be denied or withdrawn if the vessel in question or its owner had participated in unregulated fisheries on the high seas on fish stocks subject to regulation in waters under Norwegian fisheries jurisdiction.

LEE SEE-YOUNG (Republic of Korea) said the number of parties to the Convention reflected an overall trend to near-universal adherence to the legal regime established by the 1982 Convention. His Government welcomed the substantive progress made in the past year by institutions established under the Convention, particularly the Agreement between the International Seabed Authority and Jamaica on the Authority’s headquarters and financial regulations. Also, his country had fulfilled its obligations under the Convention and the Agreement by providing training programmes, the gradual relinquishment of the pioneer area and the submission of periodic reports on activities in that area. The Tribunal had demonstrated professional expertise and efficiency in dealing with the cases brought before it, and States should pay more attention to its financial situation to enable it to fully realize its functions.

Acts of piracy and armed robbery at sea continued to pose a serious threat to the international community, as such acts could seriously disrupt passage through important waterways, he noted. Although there had been a decrease since 1997, those attacks had become more violent. His delegation urged that States to undertake preventive measures with renewed emphasis on prevention at the regional level. Inter-State cooperation was another indispensable factor for effective implementation of the Convention, he continued. His country had recently signed a new bilateral fisheries agreement with Japan and hoped to implement one with China that would help promote the rational management of fishing stocks in the seas between the two countries.

SOCORRO FLORES LIERA (Mexico), speaking on behalf of the Rio Group, said oceans and seas made up most of the planet and their use was crucial for the welfare of mankind. In that context, international coordination and cooperation were greatly important.

The Commission on Sustainable Development had demonstrated the need to use existing structure to promote issues relating to oceans and seas, he said. It had also demonstrated the necessity to improve international cooperation and coordination to guarantee that all States could benefit from the resources of seas and oceans while respecting the sovereignty, jurisdiction, and rights of coastal States. He welcomed the recommendation of the Commission on Sustainable Development for an open-ended process to strengthen the annual debate on oceans and seas. It should not duplicate other debates, but deliberate on the basis of the report of the Secretary-General.

HIROSHI KAWAMURA (Japan) said the most important substantive matter under consideration by the Council of the Authority was the draft Regulations on Prospection and Exploration for Polymetallic Nodules. He hoped it would be adopted in 2000 so the Authority could enter into contracts for exploration with willing investors. Also, his country was deeply concerned about the financial difficulties that the Authority and the Tribunal were currently facing. All delegations must pay their assessed contributions.

Earlier this year, in New York, at the ninth meeting of States Parties to the Convention, it had been decided to introduce a ceiling and floor for the scale of assessments for the Tribunal’s budget for 2000, he noted. He welcomed the progress that had been made by the Commission on the Limits of the Continental Shelf on the adoption of scientific and technical guidelines and related annexes to facilitate preparing submissions for the outer limits of the continental shelf and adopting a plan for training.

Regarding crimes at sea, he said his country was deeply concerned about the increase in piracy and armed robbery as Asian waters, in particular, the South China Sea and the Malacca Strait, were among the areas most affected. Cooperation was indispensable in dealing with the problem, and he urged all States, in particular coastal States in affected regions, to take all necessary and appropriate measures to prevent and combat those incidents. Moreover, thorough investigations must be undertaken to bring the perpetrators to justice. He added that Japan had a special interest and had always been committed to the conservation and sustainable utilization of living marine resources; therefore, he hoped the associated draft resolution would be adopted by consensus.

MOHAMMED MAHMOUD GOMAA (Egypt) stated that the past year had witnessed important developments concerning participation and legal adherence to the Convention, as the three institutions provided for by the Convention had already been established and were now in an operational phase. He stressed the need to pay due attention to the resources of the ocean, noting that protection of the marine environment was a responsibility of the international community.

Marine security was a challenge to most States, particularly developing countries, he continued, and he hoped that the special commission that had been established to combat transnational crime would complete its work in 2000. Current studies indicated that future demands for fish would not be met unless there was better management of the sea and its resources. That was due to lack of political will of some States to respect quantitative rules and better methods of fishing.

He also called for reduced dumping of oil and other pollutants in the sea. The floor of the ocean was no longer immune to pollution, he noted.

REX S. HOROI (Solomon Islands) said that the peoples of the Pacific, including the Solomon Islands, were custodians of more than 30 million square kilometers of the Pacific Ocean, approximately one twelfth of the planet’s ocean space. In that region, the oceans and seas, especially the Exclusive Economic Zone, represented the most significant source of economic wealth and security. For that reason, the countries of that region were undertaking sustainable strategies to become more active participants in the development of the industry, and to enhance the region’s share of the economic benefits from the ocean resources.

The tuna industry represented 25 per cent of Solomon Islands foreign exchange earnings, and it was the single largest employer, he said. The industry was operating within sustainable levels, and there was potential for further expansion and investment. Coastal fisheries were critical for the health and welfare of the population. Pollution, destruction of the marine ecosystem and its biodiversity, over-fishing, and the impacts of climate change constituted great threats. Moreover, many of those challenges were beyond the control of small island developing States like Solomon Islands.

He expressed his concerned about illegal, unregulated and unreported fishing in the high seas and, in some cases, under the national jurisdiction of coastal States. In that context, coordinated international efforts were needed. To promote sustainable development of the fisheries resources and the protection of the marine development, Solomon Islands had enacted a 1998 Fisheries Act and had developed a Sustainable Tuna Management Plan. Moreover, Solomon Islands was in the process of formulating an oceans policy, which would incorporate, among others, the Tuna Management Plan, the development of an integrated coastal zone management plan, and the development of a national strategy for marine biodiversity conservation to improve national coordination and management of matters related to the oceans and seas.

FELIPE MABILANGAN (Philippines) said poaching and illegal fishing by foreign vessels had become rampant, threatening the sustainability of Philippine fisheries and the fishing sector. His country's marginal fishermen and their communities were particularly affected. Their catches had been shrinking and livelihoods threatened. The well-being of a large number of his countrymen was in serious danger.

The Philippines supported efforts to firmly establish the responsibility of flag States for the activities of their vessels in the waters of other countries, he said, since those States were the ones which directly benefited from the activities of their vessels. At the same time, States adversely affected by foreign fishing fleets should increase their national capacities to deal with that problem, engage in regional cooperation, and make sure that their own fishing fleets also behaved in a responsible manner. His country was in a region that had been identified to be particularly prone to crimes at sea.

He said in June, the Association of South-East Asian Nations (ASEAN) had held a ministerial-level meeting on transnational crimes in Rangoon, during which a regional plan of action had been initiated to combat transnational crimes. There had also been an agreement in principle to establish an ASEAN centre to fight such crimes. It was also particularly important that States agreed on secure maritime boundaries, since such agreements contributed to the promotion of peace and stability at the regional level. Maritime delimitation was, indeed, a difficult process. "We are currently in the midst of these difficulties in the South China Sea", he said. "As a claimant country, we continue to emphasize the importance of resolving these claims in the interest of peace and stability of our region." His country reiterated the need for those disputes to be settled peacefully, in accordance with the principles of international law, and to continue to exercise self-restraint in the conduct of activities in the South China Sea.

He said this week the leaders of ASEAN would gather in Manila for an informal summit. Among the issues before them would be the South China Sea and the draft code of conduct proposed by the Philippines. "We hope this process towards the adoption of a code of conduct will move one step closer towards fulfilment during the summit", he said.

PATRICIA DURRANT (Jamaica), on behalf of the Caribbean Community (CARICOM), said those States were especially interested in the Convention, as they were integrally involved in negotiations surrounding the Convention, and the headquarters of the International Seabed Authority were housed in the region. She welcomed the adoption of the Scientific and Technical Guidelines by the Commission on the Continental Shelf and noted that CARICOM would participate in the next phase involving the preparation of submissions for outer limits of the shelf. The CARICOM strongly supported the call for training, particularly in developing countries, and she noted that lack of appropriately trained personnel and expertise should not preclude participation in the activity.

She said CARICOM States had also expressed growing concern at the increasing threat to the region’s marine environment posed by pollution and transporting hazardous waste through the Caribbean Sea. Therefore, she appreciated the comprehensive treatment that the issues of preservation and protection of the marine environment and the carriage of irradiated nuclear fuel, plutonium and high-level radioactive waste had been given in the report. While more than 50 per cent of goods transported by sea could be regarded as dangerous or hazardous to the environment, the international legal regime did not provide adequate protection for the marine environment of transit States. The CARICOM believed that the matter should be addressed expeditiously and believed that much more needed to be done in existing international instruments on the areas of disclosure, liability and compensation in case of accidents.

The CARICOM States had proposed to the General Assembly that the Caribbean Sea be recognized as a special area in sustainable development, she continued. That initiative had come from genuine concern for the progressive degradation of the region’s marine environment and out of recognition of the need for an integrated approach in managing environmental resources. In that light, she welcomed the initiative for further international coordination and cooperation and viewed it as providing a useful link between the Commission on Sustainable Development and other environmental forums.

THORSTEINN INGOLFSSON (Iceland) said that, while enhanced sustainable yields from oceans were required both to ensure future food security and prosperity for those who depended on the ocean for their livelihood, the question to be asked was "how can we enhance sustainable yield". The global community was lacking neither in principles, rules, nor guidelines to ensure conservation and sustainable utilization of living marine resources. If those were all fully implemented, then the depletion of fish stocks and degradation of marine habitats and biodiversity would not occur. It was also widely recognized that marine pollution from land-based activities was putting increasing pressure on the health of the world's oceans. That had to be tackled effectively by the international community.

He said persistent organic pollutants were of special concern. The negotiations under the auspices of the United Nations Environmental Programme (UNEP) of an internationally legally binding agreement, aimed at eliminating the production and use of certain types of those pollutants, was vitally important. His Government had repeatedly emphasized the importance of balanced and objective discussion on the utilization of living marine resources. Unfortunately, overfishing and unsustainable fishing practices were severe in some parts of the world, and he called for urgent actions to regulate those fisheries. That must be done in a local and regional context, he stressed.

He said experience had shown that where sound scientific knowledge and strong conservation awareness went hand in hand, the sustainable use of marine living resources was best secured by local and regional management partnership with those who made their living from the utilization of those resources. Of particular importance to his Government was the over-capacity of the world's fishing fleets -- that was the principal contributor to overfishing and the depletion of fish stocks in many regions. It was a serious problem which the international community had to tackle constructively.

ROBERTO LAVALLE (Guatemala) said that the body of rules dealing with the issues of oceans and seas played a special role, due to the particularity of those areas, which covered 71 per cent of the planet’s surface. Moreover, those areas were not under individual control. On the contrary, they were sui generis and provided humankind with benefits and resources and, in the meantime, caused dangers and problems. The related challenges had to be tackled within an international and multidisciplinary framework.

He said the report of the Secretary-General, for its intensity and diversity, was difficult to digest. It would be better to carefully analyse each aspect of the report. However, that task would require more time and more resources.

GAO FENG (China) said the draft mining code, under consideration by the Council of the International Seabed Authority, was a document of major importance in the international system governing the seabed. His Government believed that its consideration and drafting should follow the principle of the common heritage of mankind and help promote the protection, development and utilization of that heritage. To that end, the mining code should safeguard the legitimate interests of the developing countries in technology transfers and technical training. It should also include sufficient provisions on the protection of the marine environment.

At the same time, he continued, given the contributions made by investors in developing and utilizing the common heritage of mankind, their legitimate interests should also be guaranteed. More countries and entities with technological know-how should be encouraged to increase their activities in that area in keeping with the principle of balanced rights and obligations. Only in that way could the draft mining code be accepted by all parties, the socio- economic development of mankind promoted through a common heritage, and the marine environment better protected through new experiments and technical innovations.

He said China attached great importance to the sea-related issues under the multilateral system and actively participated in activities in that field. Moreover, China had also made its contributions, both unilaterally and bilaterally, to the peace of the sea and the sustainable use of marine resources. The Chinese fishing authority decreed that fishing in the area north of the 12 degree North latitude line in the South China Sea would be forbidden during summer so as to help the protection, conservation and management of the fishing resources in that area. At present, China was actively engaged in consultations with Japan, the Republic of Korea, the Democratic People's Republic of Korea, the Philippines and other neighbouring countries on issues relating to the law of the sea and fishing.

JELENA GRCIC POLIC (Croatia) said every national and international rule on the ocean must comply with the spirit of the Convention. The Secretary-General’s report was a new confirmation of its first successful results, in particular, those of the Tribunal, which had contributed to interpretation of the Convention on the rights of States and protection of the living resources of the sea, among other articles.

She said that Croatia’s cooperation with its neighbours included transit in the Adriatic Sea. The first successful consultations had involved a border issue, and the country was still negotiating with other neighbours on several issues. She stressed that Croatia was determined to conduct peaceful negotiations on matters relating to the Adriatic space. Her Government also believed that the establishment of a new informal consultative process, expected to begin next year, was an important step in developing the law of the sea.

PETER TOMKA (Slovakia), speaking as President of the ninth session of States Parties to the Convention, said the session’s programme of work had been particularly heavy. Also, work on the continental shelf had been undertaken in a particularly satisfactory manner. Also, they noted that the Tribunal had made much progress and that would be further enhanced when it set up its headquarters in Germany next year.

He said that, during the meeting, States Parties had placed particular emphasis on the budget and rules of procedure of the International Tribunal. He further outlined the issues that had been discussed at that forum, including that a floor and ceiling rate had been decided for States’ assessment and that several delegations had stressed the need for transparency in its budgetary functions. He drew to the attention of interested States parties that the secretariat had not yet received proposals for its rules of procedures. He pointed out that international compensation for damage done by hydrocarbons had also been a part of the discussion at the meeting.

A. GOPINATHAN (India) said the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on Limits of the Continental Shelf created by the United Nations Convention on the Law of the Sea had made considerable progress in various administrative and institutional matters which were essential to their proper and effective functioning, as well as the substantive matters provided for under the Convention. In particular, the elaboration of the Regulations on Prospecting and Exploration for Polymetallic Nodules, commonly referred to as the mining code, constituted the most important substantive basis for carrying out the functions of the Authority. As a Registered Pioneer Investor, India’s plan for exploration of the mine site in the Indian Ocean had been approved by the Authority in 1997.

It was a matter of concern that several Member States, as well as States whose provisional membership had expired, continued to be in arrears on contributions, he said. Considering that the International Seabed Auhority and the Tribunal were still in the early stages of their establishment, it was essential that all Member States pay their assessed contributions in full, on time and without conditions, to enable their effective functioning.

The adoption of the Agreement on the Conservation and Management of Straddling Fish Stocks and the Highly Migratory Fish Stocks assumed special importance in view of the caution sounded by the FAO that over 60 per cent to 70 per cent of fish stocks were being overfished and required urgent intervention to avoid further decline of those stocks below replacement levels. He also expressed his concern about the fact that overfishing continued to take place in contravention of applicable regional conservation regimes, and that States were not meeting their obligations to ensure compliance by their flag vessels and nationals. Turning to the situation of developing-country coastal States, he said artisanal and small-scale fisheries, including subsistence fisheries, should be protected in view of their social and economic importance to coastal States in developing countries.

ALEXANDRE V. ZMEEVSKI (Russian Federation) welcomed the work done by the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf. He expressed his concern about the transportation of radioactive materials on the sea, and the many criminal activities, including illicit traffic in narcotic drugs and the smuggling of migrants. No less significant was a solution to the protection and preservation of marine environment and the management of its resources. In that regard, the role played by UNEP in fighting pollution of the sea was welcome.

The Russian Federation had been one of the first countries to ratify the Fish Stocks Agreement, he noted. He expressed the hope that it would soon enter into force.

PHAM BINH MINH (Viet Nam) said the United Nations Convention on the Law of the Sea had always enjoyed the strong support of his country, and it was important that its spirit and letter be seriously observed by the international community. Viet Nam respected the Convention’s provisions and fulfilled its international commitments, and demanded that other States do the same. With regard to the situation in the Eastern Sea, where incidents resulting in disputes between countries in the region still occurred, he reaffirmed his country’s view that those should be settled by peaceful means and through bilateral and multilateral negotiations based on the Convention and the 1992 ASEAN Declaration. While efforts were being made to settle those disputes, he added, all concerned parties should maintain the status quo, exercise self- restraint, refrain from any act that might further complicate the situation, and take confidence-building measures to ensure peace and stability in the region. The ongoing efforts by ASEAN to work out a code of conduct in the Eastern Sea represented a step in the right direction.

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