MEETING OF STATES PARTIES TO LAW OF SEA CONVENTION OPENS AT HEADQUARTERS

Press Release
SEA/1675

MEETING OF STATES PARTIES TO LAW OF SEA CONVENTION OPENS AT HEADQUARTERS

Peter Donigi (Papua New Guinea) Elected President

The 1982 United Nations Convention on the Law of the Sea was increasingly becoming one of the unique instruments of international law, the President of the tenth meeting of States parties to the Convention said this morning, as it began its five-day session.

Peter Donigi (Papua New Guinea), newly elected President, said the growing number of parties to the Convention, currently 132, and increasing acceptance by States still in the process of ratification or acceding to it, including major industrialized States, was testimony to the Convention's central role in the body of international law created by the United Nations. The Convention, however, would not be worth the time it took to negotiate, unless the international community took effective measures to implement its principles, he declared.

The tenth meeting of States parties is devoting considerable attention to the work of the International Tribunal for the Law of the Sea, one of three institutions created under the Convention -- the others being the International Seabed Authority and the Commission on the Limits of the Continental Shelf.

Judge P. Chandrasekhara Rao, President of the International Tribunal, introducing its report for 1999, drew special attention to its financial situation, which, he said, remained far from satisfactory because of an unpaid balance of assessed contributions of $1.47 million. Introducing the Tribunal's draft budget proposal of $8.7 million for 2001, he said the increase over last year's was mainly due to the fact that the Tribunal would be responsible for the maintenance of the new premises in Nienstedten, outside Hamburg, and that new Professional and General Service posts were needed.

Also this morning, the meeting established a working group to consider the budgetary proposals of the Tribunal and adopted its draft agenda. Elections of vice-presidents, representing the regional groups and the rest of the Bureau, would be taken up later.

The meeting was opened by Penny Wensley (Australia), on behalf of Peter Tomka (Slovakia), outgoing President. Statements were made by representatives of Chile, United Kingdom, Mexico, Germany, Republic of Korea and Malaysia.

The States parties will meet again in plenary at a date to be announced.

States Parties - 2 - Press Release SEA/1675 46th Meeting (AM) 22 May 2000

Work Programme

The States parties to the United Nations Convention on the Law of the Sea opened their tenth meeting this morning. They were expected to elect officers and approve the organization of work.

(For background information, see Press Release SEA/1674 of 19 May.)

Election of President

PENNY A. WENSLEY (Australia) opened the meeting on behalf of the President, PETER TOMKA (Slovakia). After a minute of silent prayer or meditation, she invited nominations for the post of President of the tenth meeting of the State parties to the United Nations Convention on the Law of the Sea.

NARINDER SINGH (India), on behalf of the Asian Group, nominated PETER DONIGI (Papua New Guinea), who was elected by acclamation.

Statement

PETER DONIGI (Papua New Guinea), speaking after his election as President, said the Convention represented a very important understanding reached between those with technological skills, knowledge, expertise and equipment and those whose lives depended, to a large degree, on the oceans and the resources of the seabed. The countries of the Pacific might one day find themselves being inundated with seawater as a result of the sea-level rise, or might find themselves rich on the advent of exploitation of the resources of the seabed.

The island States had been guaranteed rights to their fisheries, but at the same time they had been obligated to license foreign fishing vessels subject to a regional management plan to control exploitation and overfishing. The subject of unregulated and illegal fishing practices and pollution of the oceans would be discussed at the Consultative Process on Oceans and the Law of the Sea next week.

He said the Convention on the Law of the Sea would not be worth the time it took to negotiate, let alone the cost of the paper it was printed on, unless the international community took effective measures to implement the principles it contained. He urged all parties to do so at the forthcoming session of the Council of the International Seabed Authority in July to finalize the exploration agreement.

He said the Convention was becoming, increasingly, one of the unique instruments of international law. The growing number of State parties, currently 132, and increasing acceptance by States, which were still in the process of ratifying or acceding to it, including major industrialized States, was testimony to its central role in the body of international law created by the United Nations.

The tenth meeting would devote considerable attention to the business of the International Tribunal for the Law of the Sea, including budgetary and financial matters, he continued. The Tribunal was already reflecting its influence on the settlement of disputes with respect to the law of the sea. Already, it had dealt with five high profile cases, some calling for provisional measures and others for a more detailed and in-depth analysis of issues in dispute. The Authority of the Tribunal was reflected in the fact that its orders and judgements had been followed and implemented.

It was anticipated, he added, that the workload of the Tribunal would increase as more and more inquiries were made by States wishing to submit their disputes. The budget presented to the meeting for consideration reflected the anticipated increase in cases and judicial proceedings.

He said the Commission on the Limits of the Continental Shelf had also made considerable progress since its establishment. The Commission had already prepared the scientific and technical guidelines for submissions. The Commission was ready for any submission by States and a number of inquiries had already been made with respect to such potential submissions. Similarly, the International Seabed Authority had proceeded with its work, approving the plans of work for exploration by the seven pioneer investors. It was now finalizing a draft mining code.

Adoption of Agenda

CHRISTIAN MAQUIEIRA (Chile) said that during the meeting he would circulate a document to include a new subject into the regular agenda. He hoped it would be discussed and adopted by the meeting.

PAUL MCKELL (United Kingdom) indicated an item to be raised under agenda item 14: other matters.

The draft agenda was then adopted.

Under item 7 of the agenda, organization of work, the PRESIDENT proposed that papers would be presented during formal sessions, after which they would be considered during informal sessions. He also proposed to convene open-ended Bureau meetings and to discuss the budget of the International Tribunal for the Law of the Sea in an open-ended working group.

The manner of conducting the meetings was accepted by the States parties.

Concerning item 5 of the agenda, election of the vice-presidents, the PRESIDENT noted that there were no new nominations for vice-president and asked the regional groups to consult with their members.

Report of International Tribunal

The meeting then turned to agenda item 8, the Report of the International Tribunal for the Law of the Sea (1999) (document SPLOS/50).

Judge P. CHANDRASEKHARA RAO, President of the International Tribunal for the Law of the Sea, introduced the report. He drew special attention to the financial situation of the Tribunal, which remained far from satisfactory. As of 31 December 1999, there was an unpaid balance of assessed contribution to the overall budget of the Tribunal in the amount of $1.47 million. He said that no organization would be able to act effectively unless its financial position was in sound condition.

Negotiations between the Tribunal and the Federal Republic of Germany in the matter of reaching agreement on the headquarters of the Tribunal had reached a crucial stage, he said. Both sides were very keen to conclude those agreements before 3 July, which had been fixed as the date for the official opening of the new building. The official opening would take place in the presence of the Secretary-General of the United Nations, and invitations had been sent to all governments of States parties to the Convention and to various international organizations and distinguished personalities.

MANUEL TELLO (Mexico) commended the Tribunal for its effective performance since its establishment. His delegation was satisfied with the cost- effectiveness of the results attained by the Tribunal. He noted the progress the Tribunal continued to make in its substantive work, adding that its switch to new premises in July would ensure its work would continue to be indispensable.

He acknowledged the professionalism with which the Tribunal had handled the cases assigned to it so far, noting that speed was essential in their adjudication. He welcomed the Tribunal's discussion of the legal costs to parties, particularly those from developing countries, in pursuing cases before it. He hoped that issues hampering the conclusion of a headquarters agreement between the Tribunal and the German Government would be resolved. He commended the Tribunal for producing a balanced budget to ensure its proper functioning. He said lack of contributions might endanger that balance, and appealed to States parties that had not paid up to do so as soon as possible.

JOCHEN TREBESCH (Germany)said his country considered it a privilege to be host to the Tribunal, and was aware of the responsibilities and obligations that entailed. The Federal Government and the State of Hamburg, had invested an additional 120 million deutsche marks in the new headquarters building outside Hamburg which was nearing completion. The premises would do full justice to the character of the Tribunal on its conclusion. He said the building would be officially handed over in July at a ceremony expected to be attended by Secretary-General Kofi Annan. The opportunities opened up by Tribunal in the adjudication of disputes were immense, and he urged State parties to make use of them.

PARK HEE-KWON (Republic of Korea)commended the Tribunal for the considerable progress it had made in carrying out its substantial functions and organizational work. He hoped the Tribunal would continue to promote the rule of law in the orderly settlement of disputes. He urged the parties to expedite the negotiations on the headquarters agreement to ensure its early conclusion.

He said the Tribunal had increasingly become important for the adjudication of disputes relating to the seas, as envisaged by the Convention. Its increasingly active work would ensure the successful harmonization of maritime regimes. He noted the increasing number of ratifications of the Convention on the Law of the Sea and urged States to become parties to it.

The meeting then noted the report of the Tribunal.

The President of the Tribunal, Judge ROA, then introduced the draft budget proposals of the International Tribunal for the Law of the Sea for 2001 (document LOS/WP.12). He said that the total increase in the budged was mainly due to the fact that the Tribunal would be responsible for the maintenance of the new premises and that new Professional and General Service posts were needed, as explained in the draft budget. The Tribunal would also be responsible for utilities. The estimates were in the draft budget, he said, but they might not be sufficient.

ZULKIFLI ADNAN (Malaysia) said that he recognized the need for an increase of 13.6 per cent in the budget, because of the maintenance of the building and the increase in staff. He thanked the German Government for providing, free of rent, the building for the Tribunal. He urged all Member States to contribute to the budget. His delegation had already paid for 1999 and would make sure that payment for the year 2000 would be made.

Mr. PARK (Republic of Korea) supported the proposal recently made by Malaysia for establishing a working group to deal with the budget and other financial matters.

The PRESIDENT of the meeting proposed to set up an open-ended working group to deal with the details of the budget. The proposal was accepted.

* *** *