Meeting of States Parties

to Law of Sea Convention

71^st Meeting (AM) 

STATES PARTIES TO LAW OF SEA CONVENTION OPEN CURRENT SESSION

Report of Tribunal Presented, Budget Introduced

The Convention on the Law of the Sea was now a globally recognized universal standard for the conduct of States concerning the oceans, and the commemoration of its twentieth anniversary last year represented an important milestone in the progressive development of international law by the United Nations, States parties to the Convention on the Law of the Sea were told this morning as they opened their thirteenth meeting.

Often referred to as “the constitution for the oceans”, the Convention was adopted on 10 December 1982 and entered into force 12 years later, on 16 November 1994.  The instrument is comprised of 320 articles and nine annexes governing all aspects of ocean space and maritime issues, ranging from navigational rights, territorial limits and marine scientific research to management of resources, protection of the marine environment and settlement of disputes.  As of May 2003, 142 States and entities have ratified the Convention.  (For additional background, see Press Release SEA/1771 of 4 June.)

Opening the meeting, ALLIEU KANU (Sierra Leone) (speaking on behalf of the President of last year’s meeting of States parties, Don McKay (New Zealand)) recalled that during the fifty-seventh session of the Assembly, activities in commemoration of the anniversary had taken place on 9 and 10 December 2002 along with the annual debate on the ocean and the law of the sea.  Secretary-General Kofi Annan and Assembly President, Jan Kavan had led the first commemorative meeting on 9 December.  Many important figures, who had been instrumental in the development of the Convention, had addressed the commemorative meeting, including President of the third United Nations Conference on the Law of the Sea, Tommy Koh (Singapore).  Tribute was paid to those individuals who had contributed to the Convention’s elaboration.

Also this morning, the meeting elected its President and adopted its programme of work for the session, which is scheduled to last through Friday.

Statement by President

Following his election, incoming President, STANISLAW PAWLAK (Poland) stressed that during the commemoration last year, the Assembly had adopted three resolutions relating to the law of the sea and ocean affairs and had renewed the mandate of the United Nations open-ended consultative process, which had held its fourth meeting last week.  Most items on the meeting’s current agenda dealt with matters related to the International Tribunal for the Law of the Sea, while some included information by the Secretary-General of International Seabed Authority and the Chairman of the Commission on the Limits of the Continental Shelf, as well as matters related to article 319 of the Convention.

Reviewing activities over the past year, he referred to the Tribunal’s judgement in the case between the Russian Federation and Australia on the prompt release of the “Volga” vessel.  Also, the International Seabed Authority had considered the first set of annual reports of the seven contractors for exploration of polymetallic nodules and proposals for regulations for prospecting and exploring for polymetallic sulphides and cobalt-rich ferromanganese crusts.  The Commission on the Limits of the Continental Shelf had concluded its consideration of the submission by the Russian Federation and had examined several items to assist in facilitating the process concerning submissions by coastal States.

Report of Tribunal for Law of Sea

Introducing the 2002 report of the Tribunal for the Law of the Sea, its President, DOLLIVER M. NELSON, said that two of the Tribunal’s sessions in 2002 had been devoted to administrative matters and legal issues not directly related to cases.  In particular, the court had reconstituted its Seabed Disputes Chamber and its three special chambers, which had been established to deal with particular categories of disputes under article 15 of the Tribunal’s statute, including Chambers on Summary Procedure; Fisheries Disputes; and Environment Disputes.  Among the issues considered by the Tribunal and its committees were the costs to be borne by parties in judicial proceedings, requests for advisory opinions and secrecy of deliberations.

As for the judicial work, he said that in December last year, the Tribunal had delivered its judgement on the “Volga” case, which involved urgent proceedings concerning the prompt release of the vessel and its crew under article 292 of the Convention.  Still pending on the docket was the case on conservation and sustainable exploitation of swordfish stocks in the South-Eastern Pacific Ocean (Chile/European Union).  The time limit for making preliminary objections with respect to the case had been extended to enable the parties to reach a settlement.  Following the Tribunal’s Order of 3 December 2001 in the MOX Plant Case, Judge Mansah had been appointed by the parties as President of the arbitral tribunal in the case.

While 11 cases submitted to the Tribunal so far constituted a respectable record for a newly-established international court, there was no doubt that it had not been put to full use, he said.  Some 32 States parties had made written declarations relating to the settlement of disputes under article 287 of the Convention; and 19 States parties had chosen the Tribunal to settle disputes concerning the interpretation or application of the Convention.  He hoped that an increasing number of States would utilize the court.  Another alternative that States could use was to confer jurisdiction on the Tribunal through international agreements.  Several such agreements had already been concluded. 

Only 12 States had become parties to the Agreement on the Privileges and Immunities of the Tribunal, he said, which had entered into force on 30 December 2001.  In that connection, he drew the delegates’ attention to the recommendation of the Assembly in resolution 57/141 to States that had not done so to consider ratifying or acceding to the Agreement.  As for the Tribunal’s financial situation, as of 31 May 2003, there was an unpaid balance of assessed contributions in the amount of over $1.47 million.  The outstanding amounts for 2002 was $632,873 and for 2003 – some $1.54 million.  He appealed to all States parties to pay their assessed contributions in full and on time.

He also said the Tribunal had taken steps to strengthen its relationships with other international organizations and bodies, including the Appellate Body Secretariat of the World Trade Organization (WTO), the Legal Division of the WTO Secretariat, the International Hydrographic Organization and the International Maritime Organization. 

There had been full and cordial cooperation between the Tribunal and the host country, he added.  The relations between Germany and the Tribunal were currently governed by the Convention on the Privileges and Immunities of the Specialized Agencies of 1947, and he hoped that the negotiations on the Headquarters Agreement, which had started in 1996, would soon conclude in a spirit of goodwill and cooperation.  He also welcomed the proposal to establish an international foundation for the law of the sea in Hamburg.

Other Statements

Speaking on behalf of the Tribunal’s host country, Germany’s representative noted that the Tribunal was now optimally equipped to carry out its diverse tasks, and said he was confident that negotiations on the Headquarters Agreement would be completed in the near future.  His delegation would like to invite all States parties to make maximum use of mechanisms and opportunities for the peaceful settlement of all disputes under the jurisdiction of the Tribunal for the Law of the Sea.

Fiji’s representative, on behalf of the Pacific Islands Forum, said his group continued to support the critical work of the Commission on the Limits of the Continental Shelf, particularly now that it had made recommendations on the first submission it had before it.  He commended efforts to enhance knowledge and skills in preparing submissions, whether by developing a training manual or through substantive training.  His group also supported the important work of the International Seabed Authority, especially the recently concluded workshop in Nadi, Fiji, to develop a geological model for polymetallic nodules in the Clarion Clipperton Zone.

Also introduced this morning was the Tribunal’s proposed budget for 2004.  Mr. NELSON said that the amount of some $8.62 million was a significant increase over the budget approved for 2003.  However, it should not be regarded as derogation from the principle of zero growth.  All increases could be attributed to factors beyond the Tribunal’s control, such as the downward fluctuations in the exchange rate of the United States dollar compared to the euro, the increase in standard costs for staff and in common staff costs as a percentage of those costs, and the increase in the daily subsistence allowance rate in Hamburg.

Additional funds over 2003 levels had been requested for the maintenance of premises, established posts and common staff costs, special allowances and annual allowance for judges, temporary assistance for meetings, travel of judges to meetings and sessions, compensation to judges ad hoc, and a new insurance scheme to cover work-related accidents suffered by judges.  Noting that all expenditures were incurred in euros, he said the cost for “maintenance of premises” had been greatly affected by the sharp 20 per cent depreciation of the United States dollar against the euro over the past year.  Among the items requiring lower amounts included the judges’ pension scheme, general temporary assistance, and rental and maintenance of equipment, he continued.

Referring to the now finalized performance report for 2002, he said that had amounted to slightly over $7 million, almost 90 per cent of the approved budget.  Four areas of over-expenditure had included annual allowances, established posts and common staff costs, and maintenance of premises.

Introducing his country’s proposal on the Tribunal’s scale of assessment, YOSHIYUKI MOTOMURA (Japan) said his Government no longer saw any justification for the 25 per cent ceiling rate for contributions to the budget, which deviated from the United Nations lower 22 per cent rate.  The 22 per cent ceiling for the Organization’s regular budget had been agreed upon by consensus, following lengthy discussions by experts on administrative and budgetary affairs from all Member States, and was, thus, deemed equitable and fair.  Noting that his country bore one-fourth of the Tribunal’s total budget, he requested that the ceiling rate of contributions to the Tribunal be reduced from 25 to 22 per cent.

The meeting observed a minute of silence in honour of Judge Lennox Fitzroy Ballah of Trinidad and Tobago, who had passed away on 29 March this year. 

States parties were informed that an election to fill the vacancy on the Tribunal in connection with the death of Judge Ballah would be held on 2 September this year.

The States parties will meet again tomorrow at 10 a.m.

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