Meeting of States Parties

to Law of Sea Convention

61^st Meeting (AM)

STATES PARTIES TO LAW OF SEA CONVENTION OPEN TWELFTH MEETING

The States Parties to the Convention on the Law of the Sea this morning opened their twelfth meeting by welcoming three new members -- Bangladesh, Madagascar and Hungary -- as they marked the Convention’s twentieth anniversary. The total number of parties to the Convention now stands at 138.

The meeting also elected a President, Don MacKay (New Zealand), who emphasized in his opening statement that all States Parties to the Convention must work to ensure the widest possible acceptance of its principles.

Adopted on 10 December 1982, the Convention has been described as "possibly the most significant legal instrument of the century", representing an unprecedented attempt to comprehensively regulate a range of maritime issues from navigational rights and territorial limits to management of marine resources and protection of the sea's environment.

Mr. MacKay said the States Parties had a full agenda before them.  Their most important task during the next two weeks would be the election of seven members to the International Tribunal on the Law of the Sea and 21 members to the Commission on the Limits of the Continental Shelf -- two subsidiary bodies created under the Convention.  The States parties will also hold a special election to fill the Tribunal vacancy left by the death of Judge Edward A. Laing, who died suddenly last September.

Outgoing President Cristian Maquieira (Chile) opened the meeting with an update on plans to commemorate the Convention’s twentieth anniversary.  In order to do something a little different, the Bureau had tentatively proposed to invite all those persons or delegations that had participated in the drafting and elaboration of the 1982 Convention to New York to participate in a series of round tables and interactive dialogues on the Convention and related issues.

Also this morning, the President of the International Tribunal introduced that body’s report.  JudgeP. Chandrasekhara Rao noted that the Tribunal had completed three cases during 2001.  Those included:  the "Grand Prince" case between Belize and France, which focused on establishing the status of applicants as flag States before applying for the release of a vessel or crew from detention; the "Chaisiri Reefer 2" case between Panama and Yemen, which was settled out of court; and the "MOX Plant" case between Ireland and the United Kingdom, which prescribed measures on cooperation between the parties in preventing marine pollution.

61^st Meeting (AM)

Mr. Rao noted that the Tribunal had handled 10 cases over the past five years, but added that States were not making full use of it.  He also referred to General Assembly resolution 56/12, which urged States to pay their assessments to the Tribunal in full and on time.  He stressed that as of February 2002, the total of unpaid assessments to the Tribunal -- for the periods 1996 through 2001 -- was $1.2 million, and for the 2002 budget, some $5.7 million.  

The States Parties also heard a report by Yuri Kazmin, Chairman of the Commission on the Limits of the Continental Shelf, as well as a presentation from Philip Gautier, Registrar of the Tribunal, on the report of the external auditors for the financial year 2000 of the International Tribunal for the Law of the Sea. 

Statements were also made by the representatives of Madagascar, India, Germany, Spain, Sierra Leone and Senegal.

The States Parties to the Convention on the Law of the Sea will meet again at 3 p.m. today.

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Background

The States Parties to the United Nations Convention on the Law of the Sea opened their twelfth meeting this morning.  They were expected to elect a President for the current session and approve a programme of work.  (For background information, see Press Release SEA/1733 of 15 April.)

Election of President

CRISTIAN MAQUIERIA (Chile), President of the eleventh meeting of States Parties, opened the current meeting and called for a moment of silence to commemorate the death of Judge Edward A. Laing, of the International Tribunal for the Law of the Sea, and Elizabeth Mann-Borghese, President of the International Oceanographic Institute of Canada, who passed on earlier this year.

Following that commemoration, he told the States Parties that this year marked the twentieth anniversary of the Convention.  The Bureau had held various discussions throughout the year to come up with a unique way to celebrate that event and had decided to invite to New York all those persons and delegations that had participated in the drafting and elaboration of the 1982 Convention.  Those distinguished colleagues would participate in a series of round tables and interactive dialogues on the Convention and related issues.  He added that the Secretary General had been invited to open the round tables.  The plans were tentative, but it was the definite intention of the Bureau to commemorate all those that had participated in the elaboration of the Convention.

The representative of Malta, on behalf of the Western European Group, then nominated Don MacKay (New Zealand) President of the twelfth meeting.  That nomination was seconded by the representative of Paraguay, on behalf of the Latin American and the Caribbean Group.  Mr. MacKay was elected President.

Statement by President

DON MACKAY (New Zealand) thanked the delegations and welcomed three new States parties to the Convention:  Bangladesh, Madagascar, Hungary.  This brought the total number of States Parties to 138.  He stressed that all States must remain committed to reaching the common objective of ensuring broad participation in the Convention.  He went on to note that the institutions created under the Convention, including the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf, continued to carry out their duties, and he welcomed the heads of those organs to the meeting.

On the just-concluded Third Meeting of the United Nations Consultative Process on Ocean Affairs (held at Headquarters from 8 to 15 April), he noted that the session had been very successful, and reminded delegations that the General Assembly would review the consultative process later this year.  He also informed delegations that working papers on the financial statements of three of the four trust funds that had been proposed at the last meeting would be available for review.  Information on the fourth proposed fund -- to defray the cost of participation of representatives from developing countries in the meetings of the Commission on the Limits of the Continental Shelf -- had not yet been prepared.

Turning to the agenda, he said delegations had a full agenda before them.  Most important would be a raft of elections that should get under way shortly.  Those included the election of a judge to fill the vacancy left by the death of Judge Laing.  The meeting would also need to elect seven members of the International Tribunal, as well as 21 members of the Commission on the Limits of the Continental Shelf.  A Credentials Committee also needed to be promptly established.  To that end, he said that, so far, nine States Parties had been nominated by the respective regional groups, including Angola, Fiji, Grenada, Malta, Mexico, Monaco, Philippines, Poland, and Uganda.  As those delegations had been put forward, he proposed that they meet Thursday afternoon.

Further on the provisional agenda, he reiterated the importance of the series of elections that needed to be undertaken.  He also noted that the meeting would continue consideration of the financial regulations of the International Tribunal.  He recalled that tentative agreement on proposals pertaining to those financial regulations had been reached at the last meeting.  He also noted that, during the current session, the Chairman of the Commission on the Continental Shelf would be invited to report to delegations.

The meeting should also expect to hear an oral report made by three experts on behalf of the International Seabed Authority on the status of seabed mineral resources, he added.  He also noted that the meeting might take up specific items in order to allow delegations to thoroughly examine appropriate documents.

The States Parties adopted their provisional agenda, as orally amended.

Statements

JEAN DELECROIX BAKONIARIVO (Madagascar) said this was the first time Madagascar had participated in the work of the meeting as a State Party.  His country had always worked to bring its regulations in line with the Convention. Being an island in the Indian Ocean, east of Mozambique, Madagascar was often victim of plundering of natural resources, pirating, dumping of petroleum and toxic waste and illegal fishing.  Madagascar had not waited to take steps to preserve its marine environment.  The Government had reformed its maritime code to address situations as they arose.

He said Madagascar had always acted in keeping with the principles enshrined in the Convention and had also subscribed to the relevant Wind Resources Principles, outlined in Agenda 21 of the United Nations Conference on Environment and Development (UNCED).  Madagascar had also actively participated in efforts to manage its coastal areas and to promote biodiversity.  The country was also participating in the Commission on the Indian Ocean with respect to fisheries regulations.  At the international level, Madagascar participated in the Food and Agriculture Organization (FAO) Plan of Action on shrimp fishing in the region.  He said that cooperation in the maritime sector would be important to ensure that countries like Madagascar could continue to implement the Convention.

NARINDER SINGH (India) said that the need for universal participation in the United Nations Convention on the Law of the Sea could not be overemphasized.  He welcomed the increased participation of States in recent years.  The Tribunal had become a functioning judicial institution and had built a reputation as a court which could respond quickly to a wide range of issues.  He welcomed the Tribunal's internship programme, as well as the seminars and conferences that were held at its headquarters.

The Commission on the Limits of the Continental Shelf had completed its session last week, after receiving a report from the Russian Federation  on the limits of its continental shelf.  India was presently evaluating available data in preparing to make its own submission to the Commission.  He noted that training modules on the delineation of the outer limits of the continental shelf were helpful in that regard.

His delegation would continue to cooperate and actively participate in all activities of the Convention and related agreements.  It was essential that all States paid their contributions on time and in full.  He was concerned that some States had continued to be in arrears with their assessed contributions.

Report of International Tribunal

      JudgeP. CHANDRASEKHARA RAO, President of the International Tribunal for the Law of the Sea, introduced the report.  He began by noting that the Tribunal had elected Philippe Gautier (Belgium) as its Registrar on 20 September 2001, and  Doo-young Kim (Republic of Korea) as its Deputy Registrar on 12 March 2002.  Before electing the Registrar, the Tribunal had amended article 32 of the Rules of the Tribunal, reducing the Registrar's and Deputy Registrar's terms of office from seven to five years.

During 2001, the Tribunal had handled three cases, he said.  Judgement on the "Grand Prince" case between Belize and France on 20 April 2001 focused on the need to establish the status of applicants as flag States at all relevant times before applying for the release of a vessel or crew from detention and was made according to article 292 of the Convention.  The second Case, the "Chaisiri Reefer 2" case between Panama and Yemen, was removed from the list of cases after an out-of-court settlement.  In the third case, the "MOX Plant" case between Ireland and the United Kingdom, the Tribunal had prescribed certain provisional measures on cooperation between the parties, and noted that cooperation was a fundamental principle in preventing pollution of the marine environment under part XII of the Convention and general international law.  The parties appointed Judge Mensah of the Tribunal as President of the Annex VII arbitral tribunal for that case.

Continuing, he noted that General Assembly resolution 56/12 had underlined the Tribunal's important role in interpreting or applying the Convention.  While the Tribunal had accomplished much over the past five years -- handling 10 cases  -- it had not been put to full use.  The Tribunal would only be able to live up to community expectations when litigants, especially States, made full use of it.  It was hoped that an increasing number of States would also make declarations under article 287 of the Convention, choosing the Tribunal as the means for settling disputes.

The same Assembly resolution had appealed to States to pay their assessed contributions to the Tribunal in full and on time.  As of February 2002, the unpaid balance of assessed contributions for the periods 1996 to 2001 was $1,189,879, and for the 2002 budget, $5,677,976.  The resolution also recommended that States ratify the Agreement on the Privileges and Immunities of the Tribunal, which came into force on 30 December 2001.  In addition, the Assembly invited States to make voluntary contributions to the Trust Fund set up by the Secretary-General to assist States in settling disputes through the Tribunal.  So far, only one State -- the United Kingdom -- had made a contribution of $24,865 to the fund.

The Tribunal had strengthened its relations with other organizations working the law of the sea field, as well as with the United Nations, he said.  In May and June 2001, the Tribunal and the United Nations had entered into an agreement, whereby the competence of the United Nations Administrative Tribunal had been extended to Tribunal staff.  In March 2002, the two bodies had agreed that the Division for Ocean Affairs and the Law of the Sea would provide all administrative services the Tribunal needed in New York.

In February and March 2002, agreements to cooperate in information-sharing had also been made by the Tribunal Registry with the Appellate Body Secretariat of the World Trade Organization (WTO), the Legal Affairs Division of the WTO secretariat, and the International Hydrographic Organization.

Responses to Report

JOCHEN TRABESCH (Germany) said his country felt privileged to house the Tribunal, and was aware of its responsibilities as host State.  By now, the Tribunal was optimally equipped to carry out its diverse tasks.  Once a few remaining issues were settled, the headquarters agreement would be completed. Germany invited States to use the Tribunal to peacefully resolve disputes of the sea.

JOSE YTURRIAGA (Spain) welcomed new States Parties to the Convention on the Law of the Sea, which would further strengthen it.  The decision to ratify it was still pending in Spanish courts, and he hoped that would be resolved soon.  He trusted that the Tribunal's activities would continue to grow, in view of the specialization, competence and prestige of its members.

ALLIEU KANU (Sierra Leone) said he was concerned that the Tribunal had not yet completed the headquarters agreement with Germany.  He thought the lack of an agreement affected the effectiveness and efficiency of the Tribunal.  He wanted to know why agreement had not been reached, and urged that that occur as soon as possible.

Mr. TRABESCH (Germany) responded that negotiations on the agreement were more protracted than expected, but only a few limited issues remained.  He was confident there would be a solution acceptable to both sides after the current meeting.

Report of Continental Shelf Commission

YURI KAZMIN, Chairman of the Commission on the Limits of the Continental Shelf, reported on the Commission’s work.  He said he hoped that the Commission’s interaction with States Parties would be enhanced once the Commission had been given observer status.  Since the last meeting, the Commission had held two sessions. 

The ninth session considered a number of issues, including the decision of the eleventh meeting pertaining to article 4 of Annex II of the Convention on the obligation of a coastal State intending to establish the outer limits of its continental shelf beyond 200 nautical miles to submit the particulars of such limits to the Commission, along with supporting and technical data, as soon as possible within 10 years of the Convention’s entry into force. The commission took note of the decision of the eleventh meeting on the extension of the 10-year period.

At the tenth session, the Commission discussed the submission by the Russian Federation regarding the outer limits of its continental shelf beyond 200 miles -- the first submission by a coastal State intending to establish the limits of an extended continental shelf.  The Secretary-General had subsequently published the main provisions of that submission, including scientific data and other information.  The Commission had been unable to establish a quorum at the opening and had expressed concern about the participation of members in its work.  It had asked that secretariat to express that concern to member States.

When a quorum was reached, he continued, work began and the proposal of the Russian Federation was considered.  Following a thorough presentation by the Russian Federation, it was decided that a subcommission of seven States would take up the matter. Given the complexity of the submission, it was further proposed that the subcommission would continue its work through April, May and June of this year and convene a special session thereafter.

He went on to say that the current make-up of the Commission would change with the elections due to take place during the current meeting of States Parties. Newly elected members would assume their duties on 15 June.  With that in mind, the Commission had decided to complete its work within plenary sessions and devote the rest of its time to examining the submission by the Russian Federation.

Response to Report

Mr. DIENE (Senegal) said his delegation was concerned that the Commission had not yet been granted observer status in the work of the States Parties.  Senegal was also concerned at the lack of participation of Commission members -- who had been elected.  Since a new Commission would shortly be elected, he appealed to the secretariat to exert every effort to address those issues.  He also appealed to the International Tribunal and the representatives of the host country to finalize as soon as possible the protocol on privileges and immunities.

Introduction of 2000 Audit Report

PHILIP GAUTIER, Registrar of the Tribunal, introduced the report of the external auditors for the financial year 2000 of the International Tribunal for the Law of the Sea (document SPLOS/75).  While noting that the report was self- explanatory, he mentioned that, in accordance with the decisions reached at the

ninth meeting of the States Parties, the scope of the audit also included subjects such as procedures for recruiting/engaging staff; procurement of goods and services; and whether goods and services procured were necessary or excessive.

He said that in their report the auditors has stated that the financial statements presented fairly and in all material respects the financial position of the International Tribunal, in conformity with generally accepted accounting principles and financial regulations of the United Nations.  He added that at its twelfth session the Tribunal examined and took note of the audit report and had requested its submission to the meeting of States Parties.  He also added that the external audit for the financial year 2001 had been concluded.  That report would be examined by the Tribunal at its fourteenth session and would be submitted to the next meeting of the States Parties.

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