Fifty-ninth General Assembly

Plenary

54^th & 55^th Meeting (AM & PM)

MARKING tenth ANNIVERSARY OF LAW OF SEA CONVENTION, SPEAKERS REMIND GENERAL

 

ASSEMBLY OF NEED TO ENSURE SUSTAINABLE FUTURE FOR WORLD’S MARINE ECOSYSTEMS

Marking the tenth anniversary of the entry into force of the ground-breaking United Nations Convention on the Law of the Sea (UNCLOS), delegations in the General Assembly today praised the global solidarity that had led to more coherent management of ocean affairs, but warned that many of vital marine ecosystems were seriously under threat and only renewed vigilance would ensure a vibrant, sustainable and equitable future for all oceans.

The Assembly devoted a full day of its work to discussions covering everything from navigational rights, territorial sea limits, economic jurisdiction, and the legal status of seabed resources beyond the limits of national jurisdiction, to the passage of ships through narrow straits, piracy, conservation and management of living marine resources, and protection of the marine environment -- all hallmarks of the 1982 treaty, which entered into force 10 years ago today, when Guyana become the sixtieth State to adhere to it.

Geoff Regan, Canada’s Minister of Fisheries and Oceans, said that during the past 15 years, the international community had developed a series of tools and instruments to tackle the problem of overfishing, such as the Fish Stocks Agreement.  But, despite the best of will and three decades of global efforts, the numbers remained dismally depressing.  According to the Food and Agriculture Organization’s (FAO) estimates, 70 per cent of the world’s fisheries were depleted or nearly depleted.  That reality was particularly worrisome considering that nearly 1 million people -- largely in developing countries -- relied on fish as their primary animal protein source. 

So, while the world’s negotiators and diplomats had been prolific in their endeavours, the decision-makers had been weak in their actions, he said.  It was now time to act before it was too late.  He also emphasized the role that fisheries subsidies had played in the ongoing decline of many commercial species, stressing that, clearly, government programmes that encouraged excess fishing capacity and overfishing had to be eliminated.  While member countries of the World Trade Organization (WTO) were now working toward that goal, it was crucial to eliminate the economic incentives that encouraged overfishing.

The Prime Minister of Norway, Kjell Magne Bondevik, said States had a general responsibility to protect and preserve the marine environment and living resources in all ocean areas.  But how best to carry out that responsibility was being increasingly debated.  He believed that the world would be better served by adopting a focused, practical and targeted approach within the existing legal framework.  When a problem was identified, specific measures to effectively deal with it should be adopted by the relevant international body or the national authority concerned.

He said that further depletion of living marine resources must be prevented through sustainable resource management and fighting against illegal, unreported and unregulated fishing.  However responsible and precautionary the coastal States and regional management arrangements might be, they did not serve their full purpose as long as the struggle with illegal fishing continued.  Curbing that practice was among the important measures aimed at protecting marine resources, he declared, appealing to all States to make sure that vessels flying their flags did not engage in illegal, unreported and unregulated fishing.

Palau’s representative said that as one looked at the declining state of the world’s ecosystems, it was abundantly clear that too often the same mistakes had been repeated.  Rather than applying precautionary principles and taking measures to prevent environmental destruction, “we far too often find ourselves trying to solve problems that have already developed destructive and sometimes unstoppable momentum”, he said.  The scientific community was just beginning to understand the scope and vulnerability of the deep sea.  But it was clear that seamounts and other deep-sea features were teeming with unique life and extremely vulnerable. 

“At the same time, we know that a small number of fleets from larger, more developed countries, that have depleted their own fisheries, are now bottom-trawling in international waters…a method of fishing which ploughs up ancient coral systems and untold scores of endemic species”, he said.  For Pacific nations, protecting the ocean was not a casual interest, but essential to preserving their way of life.  Therefore, he expressed grave disappointment that the resolutions before the Assembly did not call for an immediate moratorium on bottom trawl fishing in all high seas regions.  Such a moratorium would be consistent with the best traditions of the United Nations on global marine stewardship, he added.

Indonesia’s representative identified another threat, saying that new technology helped exploit marine resources, which was not anticipated at the time of the adoption of the Convention.  Now under way were new kinds of exploration of living resources beyond national jurisdiction that, to some extent, brought economic advantages.  Although little information was currently available on that matter, the international community was on alert to the possible impact of such activities on biological diversity. 

The challenge, therefore, was to properly manage those resources to ensure that the benefits could be shared between all States, he added.  Capacity-building constituted an essential element for developing States to take a more active part in the management and conservation of marine resources.

Picking up that thread, the representative of Kenya said a balance must be struck between the need for economic exploitation and the need for conservation.  In that light, he urged that a working group be established to examine the existing regimes in that area and to look into modalities for conservation and sustainable use of biodiversity, as well as for the protection of vulnerable marine ecosystems.

Top concerns for many delegations were safety and security on the high seas, as well as the issue of piracy and armed robbery at sea.  Japan’s representative said that of the more than 400 incidents occurring worldwide each year, almost half were concentrated in Asia.  A recent meeting on the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, in Tokyo, aimed to further strengthen regional cooperation among maritime organizations through the establishment of an information-sharing system and a cooperative network dedicated to combating piracy and armed robbery at sea.  He hoped that the Agreement would not only contribute to enhanced cooperation among AsianState parties, but would also serve as a good example of regional cooperation.

At the outset of the meeting, the representative of Brazil (on behalf of the Rio Group), introduced an omnibus draft resolution on oceans and the law of the sea (document A/59/L.22).  Shortly thereafter, the representative of the United States introduced a wide-ranging draft text on sustainable fisheries (document A/59/L.23).

Also speaking before the Assembly were the representatives of Netherlands (on behalf of the European Union and the European Community), Barbados (on behalf of the Caribbean Community (CARICOM)), Mexico, Egypt, Tunisia, India, Iceland, China, Uganda, Samoa (on behalf of the Pacific Islands Forum), Chile, Fiji, Federated States of Micronesia, Republic of Korea, Bangladesh, Ukraine, Bolivia, Nigeria, New Zealand, Viet Nam, Australia, Poland and Uruguay.

Speaking in exercise of the right of reply were the representatives of Chile and Bolivia.

The Assembly will meet again tomorrow at 10 a.m. to conclude its discussion of matters related to the law of the sea.

Background

The General Assembly met today to hold a joint debate on matters related to oceans and the law of the sea.

The Secretary-General’s report on oceans and the law of the sea (document A/59/62 and Add.1) includes a comprehensive assessment on the developments and issues relating to the world’s largest water systems and the laws that govern them.  The report will serve as the basis for discussions at the fifth meeting of the Open-ended Informal Consultative Process on Oceans and Law of the Sea, which is set to focus on new sustainable uses of oceans, including the conservation and management of the biological diversity of the seabed in areas beyond national jurisdiction.

The report also reviews State practice with regard to maritime space, elaborates on developments in institutions created by the United Nations Convention on the Law of the Sea (UNCLOS), as well as recent developments regarding the protection of the marine environment and the safety and security of navigation.  It also addresses the creation of a mechanism for international coordination and cooperation on national oceans policy.

Such a policy would provide guiding principles and detailed programmes to enable and encourage all government departments dealing with oceans issues to consult each other and to coordinate their work.  The result should not only be more effective management of oceans at the national level but also a more uniform and consistent national position at the regional and global levels, all of which would foster cooperation among States, as well as international organizations.

The report identifies two main challenges for the future:  to ensure that States parties fully implement the Convention’s provisions; and that inter-agency cooperation is facilitated and enhanced.  The Secretary-General recommends, among other things, that parties review their national legislation and ensure that it is in conformity with the Convention; States should consider establishing national marine policies integrating all aspects of ocean affairs; and States should endeavour to establish the limits of their maritime zones and to settle any maritime boundaries with their neighbours.

The addendum to the main report provides an overview of developments relating to the implementation of the Convention, and the work of the United Nations, its specialized agencies and other institutions in the field of ocean affairs and the law of the sea since the finalization of the main report last February.  The two-part report covers developments relating to State practice regarding maritime space, safety of navigation, crimes at sea and international coordination and cooperation, including the establishment of “UN-Oceans” -- the new inter-agency mechanism for ocean affairs.  It also responds to the Assembly’s request for information on threats and risks to marine biodiversity beyond the limits of national jurisdiction and existing conservation and management measures.

The report states that the tenth anniversary of the Convention will be marked on 16 November, highlighting its importance, as well as that of its implementing Agreements as the legal framework within which activities in the oceans and seas are carried out.  They also confirm the strategic importance of the Convention as the basis for national, regional and global action and cooperation in the maritime sector.  The report stresses that the goals of the Convention will be further strengthened if those States that had not become parties consider doing so.  In light of recent developments, it is of paramount importance that States take all necessary action to strengthen maritime security, including through implementation of the International Ship and Port Facility Security Code (ISPS), to ensure that ships are not being used for terrorist or criminal purposes.

The Assembly will also consider the report of the Consultative Group on Flag State Implementation (document A/59/63), an inter-agency task force formed by the Secretary-General in response to calls for an investigation into the causes of failure of some vessels to conform to international requirements regarding ship safety, labour conditions, fisheries conservation and protection of the maritime environment.

The Group, comprising the International Maritime Organization (IMO), the Food and Agriculture Organization (FAO), the United Nations Environment Programme (UNEP), the Organisation for Economic Cooperation and Development (OECD) and the United Nations, met in May 2003 to discuss the issues.  Each member of the Group agreed to contribute to the report, outlining studies undertaken and measures adopted to address flag State obligations under the UNCLOS, the United Nations Fish Stocks Agreements and a broad range of international instruments.  The challenge is to ensure that States establish an effective and structured maritime administration to comply with the duties of flag States prescribed in Article 94 of the UNCLOS.

The report stresses the need to strengthen international action to ensure that all States, through effective exercise of their prescriptive and enforcement jurisdiction, ensure that ships flying their flags comply with international rules aimed at securing maritime safety and the prevention of marine pollution, as well as the welfare of seafarers on board.

The Secretary-General’s report on a regular process for the global reporting and assessment of the state of the marine environment, including socio-economic aspects:  Global Marine Assessment (GMA) International Workshop (document A/59/126) provides an account of the discussions that took place when the Workshop met in New York in June.  The brief report contains the draft conclusions adopted by the GMA Workshop, recommending, among other things, that the Assembly invite the Secretary-General to establish an inter-agency task force to initiate and coordinate the next stage of work to establish the formal Global Marine Assessment and inform Member States accordingly.

The draft conclusions state that the task force should undertake three tasks necessary for the start-up phase:  assemble information about scientific assessments –- including assessments covering social and economic issues –- relevant to the GMA, which have already been carried out by the Organization, relevant to undertaking a regular assessment; make a critical appraisal of those assessments, for example, by comparing methodologies, data sources and coverage, in order to identify best practices; and determine how well those assessments have been communicated to policy makers at the national, regional and global levels.

The report on the work of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea at its fifth meeting (document A/59/122), transmitted to the Assembly in a letter from the Process’ Co-Chairs, contains relevant proposals and recommendations for the Assembly’s consideration.  It also contains a summary of the discussion which took place during the fifth meeting, held in New York in June, on agenda items, which included cooperation and coordination on ocean issues, fisheries governance and illegal, unreported and unregulated fishing, as well as piracy and armed robbery.

The fifth meeting recommended that, among other things, the Assembly welcome the establishment of the new inter-agency mechanism, the Oceans and Coastal Areas Network (UN-Oceans), and that it urge States, either by themselves or through regional fisheries management organizations, to consider on a case-by-case basis, the interim prohibition of destructive practices by vessels under their jurisdiction that have an adverse impact on vulnerable marine ecosystems, including seamounts, hydrothermal vents and cold-water corals located beyond national jurisdiction.

The Assembly will also consider a report on sustainable fisheries, including through the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments (document A/59/298).  That document is based on information provided by States, relevant specialized agencies, in particular the FAO and other appropriate organs of the United Nations system on the arrangements for the conservation and management of fish stocks at the global, regional and national levels.

The report expresses the Assembly’s abiding concern at the continued deterioration of marine fish stocks worldwide.  The FAO estimates that 47 per cent of the major fish stocks are now fully exploited, 18 per cent are overexploited and 10 per cent are significantly depleted.  The failure to maintain fishing within sustainable limits has an impact on the role of fisheries in economic development, poverty alleviation and human health.  The FAO estimates that fish make up 16 per cent of the world population’s protein intake and provides employment for 35 million full- and part-time fishermen, with more than two thirds of both total catch and employment coming from marine capture fisheries.

The factors contributing to overfishing are interrelated, and include the failure of States to fully implement and enforce the range of international fisheries instruments and related instruments; illegal, unregulated and unreported fishing; overcapacity international fishing fleets; and gaps in data and scientific knowledge to inform fisherman of management decisions.

The Assembly had before it an omnibus draft resolution on sustainable fisheries (A/59/L.23), which would have the Assembly, among other things, express its concern that illegal, unreported and unregulated fishing threatens seriously to deplete populations of certain fish species and to significantly damage marine ecosystems, to the detriment of sustainable fisheries, as well as the food security and the economies of many States, particularly developing States.

The Assembly would also recognize that the problem of overfishing continued to be exacerbated by inadequate flag State control over fishing vessels, including those fishing for straddling fish stocks and highly migratory fish stocks, and insufficient monitoring, control and surveillance measures.  It would encourage States to increase scientific research in accordance with international law on the marine ecosystem.

By the terms of the omnibus draft resolution on oceans and the law of the sea (document A/59/L.22), the Assembly would reaffirm the need to improve cooperation and coordination at all levels, in accordance with UNCLOS, in order to address all aspects of oceans and seas in an integrated manner and to promote the integrated management and sustainable development of the oceans and seas.

Moreover, the Assembly would encourage relevant international organizations to further develop ideas to devise means of discouraging owners and operators from non-compliance with the requirements imposed by flag States in carrying out their duties and obligations under relevant international instruments.  It would also welcome the progress in regional cooperation in the prevention and suppression of piracy and armed robbery at sea in some geographical areas, and would urge States to give urgent attention to promoting, adopting and implementing cooperation agreements, in particular at the regional level in high-risk areas.

In addition, the Assembly would decide to establish an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.  It would also emphasize the need to mainstream sustainable coral reef management and integrated watershed management into national development strategies, as well as into the activities of relevant United Nations agencies and programmes, international financial institutions and the donor community.

Statements

REGINALDO DOS SANTOS (Brazil), speaking on behalf of the Rio Group, introduced the draft resolution on oceans and the law of the sea (A/59/L.22), which he said reflected the importance of capacity-building for developing States in order to implement the Convention, to fulfil their obligations, to benefit from ocean resources and to participate in all forums and processes dealing with oceans and the law of the sea.  Brazil had been an active and enthusiastic supporter of the Convention and of efforts to put its provisions into practice.  The establishment of the Ad Hoc Open-ended Informal Working Group was fundamental in informing the international community about the multiple uses of deep-sea biodiversity, whose riches were restricted to those with the technology to explore its usefulness.

Brazil recognized the usefulness of the Informal Consultative Process (ICP) to assist the Assembly in its understanding of broad, complex and multi-faceted issues.  However, the Process must be more than just a forum to discuss issues and make recommendations to the Assembly.  The choice of topics for next year’s ICP was timely in view of the review of the Millennium Development Goals, in particular the topic on fisheries and its contribution to sustainable development.  The topics chosen reflected the need to link crosscutting issues, such as capacity-building, regional cooperation and integrated ocean management through existing programmes and institutions.

ARJAN P. HAMBURGER (Netherlands), speaking on behalf of the European Union and associated States, as well as the European Community, said the Convention and its Implementing Agreement were milestones in the efforts to manage the planet’s ocean affairs.  Looking back on the achievements of the Third United Nations Conference on the Law of the Sea, he said that not only had the Convention dealt with a wide variety of issues, but its text had proved flexible enough to address problems that had emerged during the decade since it entered into force.  Today, the two integrated instruments had proved useful tools for the governance of the world’s oceans.  He believed the instruments would stand the test of time and that there was no need to discuss additional provisions at this time.

Calling on all States that had not done so to become parties to the Convention and the Implementing Agreement as soon as possible, he went on to say that seafaring had never been easy.  Even today, with all the modern technology, there were still dangers at sea –- not only the inherent perils of the ocean environment but piracy and armed robbery as well.  He was concerned that criminal activities still threatened shipping, leading to financial losses for commercial fishing and shipping vessels.  Therefore, it was imperative that all States do their utmost to prevent piracy and armed robbery at sea, particularly when such acts occurred in their maritime jurisdictions or were perpetrated by ships flying their flags.  He added that all States, particularly coastal States, should respect the right to innocent passage for every vessel, and port States should do their utmost not to hinder access to their docks.

Turning to the issue of safety and security at sea, he stressed the importance of addressing the issue of the transport of weapons of mass destruction on the world’s waterways.  In that regard, the European Union supported Security Council resolution 1540 (2004) on the prevention of the proliferation of dangerous weapons.  Also, the ongoing negotiations and subsequent amendments to the IMO Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation, and its Protocol on Fixed Platforms located on the Continental Shelf, should provide a clear and agreed legal framework for intervening with shipping when well-founded suspicions that weapons of mass destruction were being transported arose.

On other issues, he said that 70 per cent of the earth’s surface was covered by oceans and seas.  By 2025, more than 75 per cent of the total world population was expected to live on coasts, highly dependent on the sea and its resources for survival.  Everyone, therefore, had an obligation to ensure the viability of the ocean environment, which was deteriorating at an alarming rate due to over-utilization of marine resources, pollution and climate change.  Proper oceans governance required action that was forward-looking and was based on the precautionary principle, rather than reactive to problems of the day.  As science and technology progress, protection of marine biodiversity would become more and more important.  The Union recognized the need to regulate practices, including bottom trawling, which might be a threat to deep sea marine biodiversity and habitats.

KJELL MAGNE BONDEVIK, Prime Minister of Norway, said shipping, which carried more that 90 per cent of world trade, was the most energy-efficient and ecologically sound mode of freight transportation.  Thus, preserving workable conditions for that commercial form of transport must be prioritized.  Shipping interests must, however, always be weighed against environmental considerations and the legitimate interests of the world’s coastal populations.  There had been several environmental catastrophes caused by shipping accidents over the last years, clearly illustrating the need for measures to further protect the environment.

In that light, he welcomed new measures by the IMO to prevent oil pollution from vessels, including the decision to speed up the phasing out of single hull tankers.  Shipping security was inextricably linked to flag States shouldering their responsibilities, which could not be done without a genuine link between the flag State and the ships flying that flag.  He urged all such States to comply with their obligations under international law to make sure that their ships met international security standards.  Without an effective maritime administration and appropriate domestic legal frameworks, States must refrain from operating shipping registries.

States, he continued, had a general responsibility to protect and preserve the marine environment and living resources in all ocean areas.  But how best to carry out that responsibility had been increasingly debated.  He believed that the world would be better served by adopting a focused, practical and targeted approach to address the problems at hand within the existing legal framework.  When a problem was identified, specific measures to effectively deal with it should be adopted by the relevant international body or the national authority concerned.

In line with that approach, Norway was actively working to prevent the destructive practice of bottom trawling in vulnerable areas, he said.  Within its own 200-mile zone, protected areas had been established.  Those included areas within his country’s economic zone where bottom trawling was prohibited.  He welcomed last week’s decision by the North East Atlantic Fisheries Commission to ban bottom trawling in vulnerable areas within its regulatory area, following Norwegian proposals.

According to the FAO, globally marine fish stocks continued to deteriorate.  Further depletion of living marine resources must be prevented through sustainable resource management and the fight against illegal, unreported and unregulated fishing.  However responsible and precautionary the coastal States and regional management arrangements might be, they did not serve their full purpose as long as the struggle with illegal, unreported and unregulated fishing continued.  Therefore, curbing such fishing was among the most important measures that could be taken to protect marine resources.  He appealed to all Sates to make sure that vessels flying their flags did not engage in illegal, unreported and unregulated fishing.

CHRISTOPHER HACKETT (Barbados), speaking on behalf of the Caribbean Community (CARICOM), said that two separate arbitration proceedings were currently under way in his region to settle, amicably and definitely, the respective maritime boundaries of the States concerned.  Also, other States were engaged in bilateral negotiations to conclude delimitation agreements.  He reiterated his region’s unconditional support for the institutions established by the Convention, namely, the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf.  During the last eight years, the Tribunal had dealt with a number of cases involving the release of vessels or requests for provisional measures.

The Commission on the Limits of the Continental Shelf had addressed the first request submitted by the Russian Federation and had now received its second submission from Brazil, he noted.  He welcomed the willingness of the Commission to assist States in the preparation of their submissions.  He also welcomed efforts by the Division for Ocean Affairs and the Law of the Sea aimed at building capacity among coastal States, so that they could make, in a timely manner, their own submissions in relation to the limits of the continental shelf beyond 200 nautical miles from the baseline from which the breadth of the territorial sea was measured.

Highlighting the need for States to take necessary measures to address the risks posed to the biodiversity of vulnerable marine ecosystems, he called attention to the destructive practices of high seas bottom trawling and looked forward to the discussion of other topics, such as marine debris and fisheries and their contribution to sustainable development.  He supported the establishment of an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.  Also, he highlighted the importance of security and environmental implications arising from maritime transportation of radioactive materials and the corresponding lack of adequate liability and compensation regimes.  He sought the cooperation of the international community in assisting Caribbean States in taking steps to preserve and protect their most precious natural resource, which was vital to the well-being of the nations in the region.

GEOFF REGAN, Minister of Fisheries and Oceans of Canada, observed that, despite the best will in the world and three decades of international efforts, fish numbers remained dismally depressing.  According to FAO estimates, 70 per cent of the world’s fisheries were depleted or nearly depleted.  That reality was particularly worrisome when considered with the fact that about 1 million people, largely in developing countries, relied on fish as their primary animal protein source.  Destructive fishing practices contributed significantly to the global overfishing problem.  Illegal, unreported and unregulated fishing, for instance, was estimated to represent about 30 per cent, probably even higher, of the world’s total catch.  Since fish recognized no international borders, those practices put tremendous stress on resources that straddled and migrated inside and outside nations’ exclusive economic zones, he noted.

He emphasized the role that fisheries subsidies had played in the ongoing decline of many commercial species.  Clearly, government programmes that encouraged excess fishing capacity and overfishing had to be eliminated.  While member countries of the World Trade Organization (WTO) were now working toward that goal, it was crucial to eliminate the economic incentives that encouraged overfishing.  Fishery had always been a critical part of Canadian life and tradition, culturally, socially, and economically.  Thus, the imperative for real action on conservation issues in his country, particularly the ecosystems of Canada’s continental shelf beyond 200 miles, had never been greater.

During the past 15 years, he noted, the international community had developed a series of tools and instruments to tackle the problem of overfishing, such as the Fish Stocks Agreement.  However, while the world’s negotiators and diplomats had been prolific in their endeavours, the decision-makers had been weak in their actions.  It was now time to act before it was too late.  He had agreed to be part of a high seas ministerial task force, which was chaired by the United Kingdom’s Minister of Environment and included colleagues from Australia, Chile, Namibia and New Zealand, to consider specific ways to expose illegal, unreported and unregulated fishing activity and combat it on a global level.  Canada would kick-start that effort with an international conference on the Governance of High Seas Fisheries from 1 to 5 May 2005.

LAZARUS AMAYO (Kenya) said his Government had established a technical inter-ministerial committee to consider delimitation of the country’s maritime zones.  Issues under consideration by that committee included a review of maritime maps and charts lodged at the United Nations prior to the adoption of the Convention on the Law of the Sea, modalities for delimiting maritime zones and review of baselines.  The committee was also considering a comprehensive review of Kenya’s maritime laws and other laws relating to the exploration and exploitation of natural and mineral resources within its maritime zones, to ensure compliance with the Convention.  The International Tribunal on the Law of the Sea played an important role in the peaceful settlement of disputes arising out of the application and interpretation of the Convention.  The jurisprudence emanating from that body provided useful guidance to States in the management of maritime disputes.  He urged adequate budgetary support to the Tribunal to facilitate its smooth operation and effectiveness.

He said a balance must be struck between the need for economic exploitation and the need for conservation.  In that light, he urged that a working group be established to examine the existing regimes in that area and to look into modalities for conservation and sustainable use of biodiversity, as well as for the protection of vulnerable marine ecosystems.  The protection of the coastal and marine environment was critically important to Kenya.  At the national level, a comprehensive review of his country’s maritime laws was being undertaken to enhance protection measures and to ensure harmonization with international and regional instruments.  He said the Informal Consultative Process had proved to be quite useful as a forum for the comprehensive exchange of views on ocean affairs.  The theme for 2004, “New sustainable uses of the oceans, including the conservation and management of the biological diversity of the seabed in areas beyond national jurisdiction” enabled participants to focus on that complex issue.  He urged greater focus on that topic in subsequent deliberations.

JUAN MANUEL GOMEZ ROBLEDO (Mexico) said the commemoration of the Convention’s entry into force was cause for celebration, particularly as the instrument had become so important to the governance of the world’s immense oceanic space, but also to the maintenance of international peace and security.  Mexico was convinced that the UNCLOS continued to be at the core of international action in the area.  Mexico also continued to support scientific exploration and research on the ocean depths, but was aware that a complete picture on marine habitats had yet to emerge, particularly regarding sustainable use of marine resources and protection of biodiversity on the high seas and seabeds.  In that regard, he welcomed the move to set up a Working Group on the management of resources beyond State maritime jurisdiction.

In addition, he stressed that the Assembly’s resolutions in the area of ocean governance often become part of international custom, and that it was necessary for the body to remain vigilant in light of the rapidly deteriorating marine environments.  Mexico would also urge States to be aware of the connection between the safety of shipping lanes and protection of marine environments.  Those interrelated concerns required more precise nautical charts, and Mexico would call on the international financial institutions and donors to enhance training in hydrographic areas.  He went on to stress the need for cooperation for overall ocean management and implementation of the UNCLOS, particularly at the national and regional levels concerning boundary and delimitation issues.

Mexico also supported the work of the International Seabed Authority, particularly its collection, analysis and dissemination of relevant scientific data.  He called on States to continue to contribute to the voluntary fund to help defray the participation costs of developing country experts and researchers attending the Authority’s meetings.

MAHMOUD SAMY (Egypt) said the reports and today’s discussion were of special significance in examining the legal regime arising from the United Nations Convention on the Law of the Sea, which was one of the most important international legal instruments.  The Convention’s entry into force was crucial in supporting that legal regime.  The international community had accorded special importance to the Convention, which now had 145 parties.  He called on others to accede to that important Convention.  He stressed the need to protect marine resources and the maritime environment, and commended the efforts of the International Seabed Authority and its Secretary-General in their work in that area.

He also emphasized the need to protect fisheries from exploitation.  The problem of exploitation had been compounded by the lack of political will of some States to abide by established rules regarding the number of fisheries allowed.  He called for responsible fishing, noting that the Convention accorded special importance to that matter, as well as a commitment to protect the maritime environment.  Bio-prospecting, and its relationship to the environment, highlighted the need to apply the relevant legal frameworks.  He regretted the deterioration in oceans, in general, and noted that Egypt had taken measures to protect some maritime environments by declaring them naturally protected areas.

JONNY SINAGA (Indonesia) said new technology helped exploit marine resources, which was not anticipated at the time of the adoption of the Convention.  The international community was now witnessing new kinds of exploration of living resources beyond national jurisdiction that, to some extent, brought economic advantages.  Although little information was currently available on that matter, it alerted the international community to the possible impact of such activities on biological diversity.  The challenge for the international community, therefore, was to properly manage those resources to ensure that the benefits could be shared between all States, particularly the developing ones.  Capacity-building constituted an essential element for developing States to take a more active part in the management and conservation of marine resources.  Indonesia attached importance to the need for States to enhance cooperation through information sharing for capacity-building purposes.

Technical assistance from international institutions was also relevant, he said.  Given the complicated technical aspects of the implementation of article 76 of the Convention, such assistance would then enable developing States, such as his, to meet deadlines suggested by the Commission on the Limits of the Continental Shelf.  It was interesting to note that this year the international community witnessed the implementation of conservation management for highly migratory fish stocks and shared fish stocks, emulating from the Fish Stock Agreement of 1995, in the Asia Pacific region.  The review, in 2006, of the Convention on the Conservation of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean should be directed at improving conservation and management measures under the Agreement.  With regard to terrorism at sea, Indonesia took note of efforts to introduce more stringent controls on those acts, and had intensified joint patrol activities in the MalaccaStrait along with Malaysia and Singapore.  However, his nation wished to express concern over the reporting system of piracy and armed robbery against ships used by the International Maritime Bureau (IMB).

ALI HACHANI (Tunisia) said the draft resolutions and debate taking place today confirmed the importance attached by the General Assembly to matters relating to oceans and the law of the sea.  The discussion was also taking place within a context of fear about the implications that would arise for future generations should the future degradation and depletion of marine resources continue.  Both the oceans and the seas played a crucial role in preserving the world’s ecosystems, particularly in the developing countries where they were responsible for food security, maintaining prosperous economies and contributing to the well-being of present and future generations.

Tunisia, he said, considered its maritime resources to be invaluable, particularly in light of the fears of most Mediterranean countries that were seeing their fauna and flora threatened by pollution originating from both land and sea.  Thus, the instruments to protect the marine environment and its resources were all reference points along the path to protect that terrain.  The Convention on the Law of the Sea reflected the aspirations of the international community for an international order that was just and fair.  He also added that, while the Convention was adapting to new and unfolding political realities, there must still be respect for its original spirit.  He supported the establishment of an Ad Hoc Open-ended Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.

NIRUPAM SEN (India) said he was deeply satisfied that all subsidiary institutions under the Convention, namely, the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf, had made considerable progress in the past year.  The international community had continued to focus over the past year on issues relating to navigation, conservation and management of living marine resources, and conservation and management of biological diversity of the seabed in areas beyond national jurisdiction.  In the area of navigation, he was seriously concerned with the increase in the reported incidents of piracy and armed robbery against ships; the figure had risen to 3,041 in the period from 1984 to the end of March 2003.  The involvement of militia groups in kidnapping the crews in politically vulnerable areas called for close attention.

He said that piracy attacks had taken place in certain geographical hot spots, not in the open sea, but in territorial waters, while the ships were at anchor or berthed.  Regional cooperation in the high-risk areas had been identified as an important measure to combat crimes at sea.  India had been actively involved in ongoing efforts initiated by Japan to establish a regional cooperation agreement on anti-piracy, along with 15 other States of the region.  The prevalence of illegal, unregulated and unreported fishing was also causing severe problems, affecting world fisheries, particularly in developing countries.  That would likely have far-reaching adverse consequences for those fisheries’ long-term sustainable management.  He was also gravely concerned that overfishing continued in contravention of applicable regional conservation regimes, and that States were not meeting their obligations to address complaints by their flag vessels and nationals.

In that context, he agreed with the recommendation made by the FAO Technical Consultation to continue to use funds to assist developing States in collecting and assessing comprehensive data on that matter.  Regarding preservation of vulnerable marine ecosystems and biodiversity in areas beyond national jurisdiction, he said the impact of scientific research and bio-prospecting on those fragile ecosystems led to habitat loss and mortality.  That practice required regulation in such a way as to ensure the sustainable use of biological resources, including the equitable sharing of benefits to humankind as a whole.  He supported the establishment of the Ad Hoc Open-ended Informal Working Group, envisaged in the draft resolution on oceans and the law of the sea, to study the issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

HJALMAR HANNESSON (Iceland) said the three institutions established under the Convention were functioning well:  the International Tribunal had adjudicated disputes, the International Seabed Authority was considering submissions for exploitation of mineral resources in the international seabed area and the Commission on the Limits of the Continental Shelf was considering submissions on establishing the outer limits of the continental shelf beyond 200 nautical miles.  Iceland would make its submission over the next years.  As a coastal State, it took great interest in the matter and would contribute $100,000 to the Trust Fund for preparing submissions, $50,000 to the Trust Fund for participation of developing countries and $50,000 to the newly established Assistance Fund for the Fish Stocks Agreement.

He said the world community did not lack the tools to ensure the sustainable use of living marine resources.  The General Assembly should focus on issues of global implications, such as pollution and creating a level playing field for the fisheries sector.  The door should not be opened for micromanagement of fisheries, which were subject to the sovereign rights of States or the responsibility of regional organizations.  Further, as current chair of the Arctic Council, his country just last week had launched the Arctic Climate Impact Assessment (ACIA) in cooperation with the International Arctic Science Committee.  The assessment projected that the warming climate would bring about shifts in the ocean ecosystem, including changes in fish populations and the artic coastline.  The Arctic Council’s Marine Strategic Plan would be submitted to the Council’s ministerial meeting next week.  It presented an integrated ecosystem-based approach to sustainable ocean management and was a significant contribution to follow-up of the Johannesburg Plan.

SICHAN SIV (United States), introducing the resolution on sustainable fisheries (document A/59/L.23), said a key element of the fisheries negotiations had been to protect sensitive underwater features and vulnerable marine ecosystems from destructive fishing practices.  The resolution called on States and regional organizations to urgently address that issue by implementing an interim prohibition against such practices and adopting conservation and management measures.  The resolution laid the foundation for the review conference mandated by the 1995 Fish Stocks Agreement, calling for renewed efforts to achieve sustainable aquaculture, combat illicit fishing practices and address fishing malpractices.  Also, shark conservation and management was explicitly addressed.

On the oceans and law of the sea resolution, he said the highlight was the working group to be established to study issues of marine biological diversity beyond areas of national jurisdiction.  Those areas presented particular legal and logistic challenges for the international community.  A report for the 2006 working group meeting would identify options and approaches to international cooperation, serving as a comprehensive basis for examining those novel and difficult issues.  The resolution also called for a Second International Workshop on global reporting and assessment of the marine environment.  Recent informal contacts among States gave hope for progress by June in establishing that information collection process.

ZHANG YISHAN (China) said Chinese experts participated in activities of the Global Marine Assessment (GMA) mechanism established two years ago.  The mechanism should operate within the United Nations framework and should make use of existing global and regional assessment mechanisms to avoid overlap.  Activities should be consistent with the Law of the Sea Convention and should respect the sovereign rights and jurisdiction of coastal States.  The assessment areas should not be determined solely on the ecosystem approach but should take into consideration the geographical areas now covered, without prejudice as to the number of assessment areas there should be.  Operation of the GMA mechanism should proceed gradually, with the focus now on assessing existing mechanisms on marine environment and strengthening the capacity building of developing countries.

He said the basic framework for regional fishery management mechanisms was the 1995 Agreement Fish Stocks.  His country had already signed the Agreement and was actively participating in regional activities.  Domestic legal procedures had been completed for ratification of the regional migratory fish stocks convention.  To protect the biodiversity of the seabed in areas beyond national jurisdiction, research should be stepped up with full consideration of the existing international seabed regime, with the active involvement of the Seabed Authority.

ROSSETTE NYIRINKINDI KATUGYE (Uganda) said the prudent conservation and management of the oceans and seas was of great importance -- even for landlocked countries.  As such, Uganda was interested in and following emerging discussions on new sustainable uses of oceans -- including the conservation and management of the diversity of seabed environments beyond national jurisdictions -- and had been concerned that some countries were beginning to question whether all resources found in seabeds were for the benefit of mankind, or whether they fell outside the protection of the UNCLOS.  Uganda saw no need to draw any such distinction.  It would further continue to encourage the International Seabed Authority in partnership with States, investors and the scientific community to explore the potential for cobalt-rich ferromanganese crusts and polymetallic sulphides while taking greater caution to minimize the environmental impacts arising from exploration of such natural resources.

Noting that the relevant draft resolution before the Assembly emphasized the need to strengthen capacity-building activities in the least developed countries (LDCs), she urged delegations to also give special attention to landlocked developing countries, which also had a stake in the sustainable management of the world’s waterways.  Here, she stressed that the lessons drawn from the UNCLOS and its related instruments could be helpful guidelines towards the management of inland bodies of water such as Africa’s Lake Victoria, the world’s second largest lake, which was an important source of food, commerce and transport in the east African region and beyond.  She urged all States and organizations in the position to help to contribute to the relevant trust funds established under the Convention and its Implementation Agreement to foster the sustainable development and management of marine ecosystems and fisheries in the world’s poorest countries.  She went on to urge all States to vigorously enforce the Protocol against the Smuggling of Migrants by Land, Sea and Air, in order to end that deplorable practice and other trafficking in human beings on the high seas.   

TOSHIRO OZAWA (Japan) said the world continued to be plagued by piracy and armed robbery at sea.  Of the more than 400 incidents occurring worldwide each year, almost half were concentrated in Asia.  The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, which had been proposed by his country, was adopted on 11 November at an intergovernmental meeting in Tokyo.  That Agreement would strengthen regional cooperation among maritime organizations through the establishment of an information-sharing system and a cooperative network dedicated to combating piracy and armed robbery at sea.  He hoped that the Agreement would not only contribute to enhanced cooperation among AsianState parties, but would also serve as a very good example of regional cooperation.

Surrounded by sea, he said Japan considered the preservation of the marine environment to be extremely important and was, therefore, committed to the prevention of marine pollution at international and regional levels.  He urged countries that had not done so to ratify the UNCLOS, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and the Convention for the Prevention of Pollution from Ships.  As a fishing State, Japan was also seriously concerned about illegal, unreported and unregulated fishing, as well as the overcapacity issues in global fisheries.  His Government had shown a commitment to eliminating illegal, unreported and unregulated fishing in order to preserve the marine ecosystem, and welcomed the FAO initiative to deal with such problems. 

PERINA SILA (Samoa), speaking on behalf of the Pacific Islands Forum, noted the growing number of issues raised in the two oceans-related resolutions.  She said the length of the resolutions was of concern, but was also a testament to the commitment toward international cooperation for managing the global marine environment and its resources.  The Convention was the constitutional framework of the oceans and seas.  The Informal Consultative Process was a flexible, interactive and integrated forum on oceans, where practical matters could be discussed frankly.  Its mandate should be renewed.

She welcomed the Assistance Fund for the Fish Stocks Agreement and said it gave small island developing States a chance to build capacity.  The regional convention on migratory fish stocks had just entered into force in June.  Under that umbrella, the first meeting of the Western and Central Pacific Tuna Commission would take place in December.  Also, an action plan had been adopted for integrated implementation of regional oceans policy.  The framework would be presented in January at the Mauritius International Meeting to Review Implementation of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States.  Establishing the Working Group on marine biodiversity beyond national jurisdiction was a much-needed development.  Illegal, unreported and unregulated fishing was one of the greatest threats to the sustainability of marine resources and environment in the region.

CRISTIÁN MAQUIEIRA (Chile) said the conservation and sustainable management of marine biodiversity, including the protection of marine vulnerable ecosystems located beyond the limits of national jurisdiction, had been at the forefront of the international community’s concerns in recent years.  The adverse impact on maritime ecosystems, and the lack of some fish due to the illegal, unregulated and unreported fishing, was also of concern, as was the impact of destructive practices on marine vulnerable ecosystems, in particular high-seas bottom-trawling.  There was a general obligation to protect and preserve the marine environment, including rare or fragile ecosystems.  He called for urgent action in that regard.

Appreciative of the draft resolution on sustainable fisheries, he called on States or regional fisheries management organizations to consider interim prohibitions of destructive fishing practices on vulnerable marine ecosystems.  He noted that in this year’s draft fisheries resolution, the conservation and management of sharks had been reiterated.  He was convinced of the need to fully implement the FAO Plan of Action for the Conservation and Management of Sharks.  Capacity-building was crucial for developing States to fully implement the law of the sea framework, and he appreciated the operation of the Assistance Fund of the Conference of Maritime Delimitation in the Caribbean to facilitate technical assistance in that field.

SAINIVALATI NAVOTI (Fiji) said oceans and seas were at the very core of island nations’ existence.  The health and stewardship of the oceans was of critical importance, and the sustainable and responsible use of marine resources, both within and outside national jurisdictions, was crucial to ensuring the inter-generational enjoyment of the many benefits of the world’s waterways.  Protecting the Pacific Ocean had always been central to Fiji’s policy-making, he said, stressing that for the first time, countries of the South Pacific region had joined to draft a comprehensive ocean policy.  Fiji and its neighbours were doing their utmost, enlisting whatever help necessary, to ensure that all the States of the region got the maximum return from the regional tuna fishery, which was the largest remaining sustainable source of a seafood commodity and essential for global markets.

Surrounded by a vast ocean that could not be adequately policed, Fiji and its neighbours remained concerned by illegal, unreported and unregulated fishing -- one of the greatest threats to marine ecosystems.  If appropriate measures were not enacted to combat that practice, it would continue to seriously impact the conservation and management of resources in the region.  Fiji supported the call in the relevant resolution under Assembly review today for States, subregional and regional fisheries organizations and management to fully comply with all existing obligations and to combat such fishing, and to take all necessary steps to implement the FAO action plan on deterring illegal, unreported, and unregulated fishing.  Further on the draft, Fiji welcomed the inclusion of language urging action to curb destructive fishing practices, including bottom-trawling.

MASAO NAKAYAMA (Federated States of Micronesia) said his nation was not in unfamiliar territory when speaking on the subject of oceans, as it knew too well the significance that they played in the lives of its own people.  The seas sustained his oceanic State and its resources enriched it.  His people continued to rely on the bounties of the ocean for sustenance and economic development.  Yet, ocean affairs remained precarious.  Indiscriminate destruction of their resources by large-scale pelagic drift net fishing, while generally on the decline, remained a threat to marine living resources.  In addition, the continued shipment of plutonium and radioactive wastes through his nation’s exclusive economic zones remained of great concern, as a transhipment accident could have a serious impact for many generations to come.

He went on to say that unauthorized fishing in zones of national jurisdictions and on high seas, as well as illegal, unreported and unregulated fishing, continued to be of concern.  His nation owned a vast exclusive economic zone rich in fish resources.  However, like many small developing islands, it simply could not act alone to manage and monitor illegal, unreported and unregulated fishing in areas under its own national jurisdiction.  It required the cooperation of other States to take greater enforcement measures to ensure that their vessels did not engage in illegal fishing.

Moreover, he said of increasing concern was the threat to marine habitats and the adverse impacts on vulnerable marine ecosystem caused by deep-sea trawling.  Because it occurred at great depths and in areas beyond national jurisdiction, some still did not take that threat seriously.  As science learned more about the impact of that practice on marine biodiversity, the problem would become more obvious.  He added that submissions to establish one’s extended continental shelf was a difficult task for nations such as his because they lacked the basic capacity to acquire and collate the highly complex scientific data required.  Without assistance from the donor community, Micronesia would find it difficult to make the required submission to the Commission.  

HAHN MYUNG-JAE (Republic of Korea) said that although the oceans and the seas were invaluable resources for humankind’s welfare, their serious misuse continued to threaten their health.  Trafficking in weapons of mass destruction, narcotics and even humans via maritime transport was a grave concern for the international community.  His country was party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol.  Moreover, it actively participated in IMO’s ongoing review of those instruments, as part of its efforts to strengthen the means of combating such unlawful acts, including terrorism at sea.  To further improve maritime security, flag and port States must intensify cooperation to ensure safe navigation, including taking measures to eliminate piracy and armed robbery at sea.

His Government was currently implementing measures to ensure the protection of the ocean environment, including the establishment of a phase-out scheme for 80 single hull tankers -- 45 of which were used to carry heavy-grade fuel.  He urged other flag and port States to take appropriate measures to prevent the operation of sub-standard vessels.  His Government had also enacted a law on controlling pollutant discharges to the coast from land-based sources, and was implementing an across-the-board marine environment policy to improve seawater quality and preserve the ecosystem in areas within it national jurisdiction.

In addition, efforts to eliminate illegal, unreported and unregulated fishing were being undertaken with the utmost determination.  His country was also taking a strong stance on regulating the activities of vessels flying its flag, in order to ensure effective marine conservation and management.  Noting that there was a danger that bottom-trawling might damage the sensitive and delicate deep-sea environment in an irreversible way, he underscored the need to improve understanding and knowledge of that environment and especially its biodiversity and ecosystems. 

ZULFIQUR RAHMAN (Bangladesh) said his coastal country was inhabited with seafaring traditions.  The sea, therefore, played a vital role in the lives of its people.  One of the most significant developments resulting from the Convention on the Law of the Sea was the evolution of the exclusive economic zone (EEZ) concept.  The Convention had attributed sovereign rights to coastal States over the living and non-living resources within the exclusive economic zone in a jurisdictional framework.  The offshore areas of Bangladesh and its exclusive economic zone were among the richest in the world in terms of biodiversity and energy potential.  However, that treasure house was being seriously threatened by increased pollution caused by land-based activities and by ocean-going vessels.

It was important to forge greater international cooperation in the long-term conservation, management and sustainable use of marine living resources in the world’s oceans and seas, he said.  As such, Bangladesh remained deeply committed to combating illegal fishing, piracy and other crimes at sea.  All nations could benefit from nature’s bounty, and he hoped that the Informal Consultative Process would ensure that the benefits derived from the exploration and exploitation of that common heritage would be fairly shared by all.  He believed that capacity building of the States parties to the UNCLOS constituted an essential element, particularly for developing nations, to take a more active part in the management and conservation of marine resources.  

OLEKSANDR KUPCHYSHYN (Ukraine) said his nation participated in efforts to preserve the marine environment and to maintain and manage fish stocks.  Ukraine was a party to the Fish Stocks Agreement, and he called on other States that had not done so to accede to that Agreement.  Ukraine attached great importance to the issue of fisheries, and legislation had been developed on the basis of the provisions and principles of the Agreement well before his Government had become a party to it.  Still, overexploitation of living marine resources through excess fishing capacities continued to be of concern.  As a geographically disadvantaged nation, bordering a sea poor in living resources and suffering from the depletion of fish stocks in its exclusive economic zone, Ukraine emphasized the problem of illegal, unregulated and unreported fisheries.

He also stressed the need to ensure effective coordination and cooperation in integrated ocean management, to facilitate sustainable fisheries and enhance maritime safety.  He noted with satisfaction that the International Seabed Authority continued the elaboration of rules, regulations and procedures to ensure the effective protection of the marine environment and the conservation of natural resources.  With regard to submissions to the Commission on the Limits of the Continental Shelf, he said that while great progress had been made, it was important to further facilitate assistance to developing nations facing difficulties in the process of preparing such submissions, primarily because of a lack of technical, scientific and financial resources.

He added that piracy and armed robbery continued to be of major concern.  Such cruel and unlawful acts not only had a negative impact on maritime transportation but also constituted a real threat to the lives of crewmembers.  Measures were necessary to combat and prevent such illegal acts at sea.

ERNESTO ARANIBAR QUIROGA (Bolivia) said he was glad that the Secretary-General, in his report, had referred to Bolivia’ claim for a free, useful and sovereign outlet on the Pacific Ocean, and asked that he continue to inform the Assembly on that matter in his next reports.  The consequence of the 1904 Treaty (which celebrated its 100^th anniversary last month), that ended the Pacific War, was that his country lost more than 120,000 square kilometres of its territory, including 400 kilometres of coastline on the Pacific Ocean and enormous mining resources. 

He reminded the international community that Bolivia had coasts and free access to the Pacific Ocean from 1825 to 1879 -- in other words, some 54 years of its history as a republic.  The 1904 Treaty did not satisfactorily solve what it was meant to solve, as it was imposed by force and as a fait accompli.  For Bolivia, that Treaty meant the loss of its free, sovereign and useful access to the sea.  That was the reason why such an international agreement had so far prevented the attainment of a final and satisfactory solution regarding the pending problem between Bolivia and Chile.

He pointed out that Chile had not fulfilled, in a permanent way, its obligations under the Treaty.  In that respect, it was necessary to mention that under circumstances of the utmost consequence in the history of Bolivia, such as the Chaco War and the National Revolution, Chile had not complied with its commitment and obligation to allow free transit to Bolivia, due to interests of a different kind.  At the present time, the recent privatisation of seaports by the Chilean Government had created a new kind of relationship between Bolivia and private companies.  It brought about a separate relationship from that which should exist between States -- holding a dialogue on the pivotal issues of the Treaty, namely the issue of seaports. 

GODFREY ANIEMENA (Nigeria) said the establishment of a Global Marine Assessment (GMA) mechanism would go a long way toward providing coherent, viable options and measures to deal with the challenges of managing the marine environment and the socio-economic consequences of its deterioration.  A task force should be established for the next stage of establishing the GMA in line with the Johannesburg Plan of Action.

On maritime space, he said his country would present its submission on the limits of its continental shelf before August of next year.  The revised rules of procedure were welcome.  All existing procedural rules should be consolidated into a single basic document to facilitate application and interpretation.  A training manual would also help coastal States with the submissions process.

Finally, he said illegal, unregulated and unreported fishing was the main obstacle to achieving sustainable fisheries in areas under national jurisdiction and on the high seas.  The Assembly should implement the plan of action to counter that as a matter of top priority.  The role of the regional fisheries management organizations in implementing the relevant fishery instruments could not be overemphasized.  Concerted action should be taken to enable flag States to take measures preventing the reflagging of fishing vessels to States that did not comply with the Fish Stocks Agreement.

DON MACKAY (New Zealand) said his delegation was concerned that unsustainable fishing activities were continuing to adversely impact vulnerable marine ecosystems, and perhaps even more worrying, States’ reaction to the problem was often too slow or inadequate.  Those issues should be managed through appropriate regional fisheries management structures and mechanisms.  His country was taking steps to use that format for managing demersal fish species in the Tasman Sea.

He said the commitment to addressing the impacts of destructive fishing practices and bottom-trawling was gratifying.  The urgency of the issue called for a progress report on interim measures at the next Assembly session.  A working group to study issues related to conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction was greatly needed.  As already pointed out, the Pacific Islands Forum had implemented a regional oceans policy and an action plan to ensure integrated implementation of regional policy.  The Informal Consultative Process was a vital opportunity to integratedly survey international oceans issues.  Its mandate should be renewed.

NGUYEN DUY CHIEN (Viet Nam) expressed satisfaction with the positive developments in the implementation of the Convention on the Law of the Sea, noting especially the rapid increase in its membership and the successful establishment and functioning of its three relevant bodies.  He praised the International Seabed Authority’s work over the last decade and supported its efforts in the development of a legal regime for prospecting and exploration of polymetalic sulphides and cobalt-rich crusts, and in the conservation of biodiversity.  The work of the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf were also commendable.  In particular, he was appreciative of the Commission’s continuing efforts to assist States in the preparation of their submissions, by providing scientific and technical advice, and for calling for additional political and financial support for the Trust Fund. 

He said the Declaration on the Conduct of Parties in the South China Sea, signed two years ago by members of the Association of South-East Asian Nations (ASEAN), was an important step towards building a Code of Conduct in the South China Sea.  The Declaration underlined the parties’ commitment to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability.  Guided by its policy of peaceful settlement of disputes, in the spirit of equality, mutual understanding and respect for international law, Viet Nam was committed to the implementation of the Declaration.  He urged other signatories to abide by the Declaration’s provisions, especially their commitment not to conduct activities that complicated or escalated disputes and, thus, affected the region’s peace and stability.

JOHN TIERNEY (Australia) said his nation had lodged its submission yesterday with the Commission on the Limits of the Continental Shelf.  Its submission was the third in the Commission’s book.  While Australia was confident that the Commission’s recommendations would emerge within a reasonable timeframe for his country, he was concerned that that would not be the case for States that came after his, as the Commission had only the space and human resources to deal with two submissions at a time.  Therefore, the achievement of certainty about the limits of the area beyond national jurisdiction was likely to be an increasingly remote prospect.  However, he was pleased to report that Australia’s maritime boundary delimitation treaty with New Zealand settled his nation’s longest un-delimited maritime boundary.

Turning to fisheries, Australia welcomed the entry into force of the Honolulu Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, which created a mechanism for the sustainable exploitation of tuna, the one sizeable resource enjoyed by island States of the Pacific Islands Forum.  It was particularly gratifying that two States with distant-water fishing interest in the Convention Areas -- China and the Republic of Korea -- and one fishing entity with similar interests -- Chinese Taipei -- had now consented to be bound to the Convention.

Australia was concerned that so much of the negotiations of this year’s fisheries resolution was devoted to the issue of bottom-trawling.  Australia was a champion of high seas biodiversity conservation and realized that some practices had damaged biodiversity, and that in some areas that damage was continuing.  He was troubled that fishing practices, which were not destructive of high seas diversity, might also be penalized if too broad of an approach was taken.  The efficacy of measures taken would depend, in part, on the ability to differentiate between genuinely destructive and non-destructive measures, and between those flag States that were prepared to control their nationals’ activities and those that were not.  Australia would allow its nationals to build a sustainable long-line and trawl industry in the waters of the Southern ocean.  At the same time, it would continue to ensure that fishing was conducted responsibly and with observer coverage.    

NICHOLAS ARONS (Palau) said that as one looked at the declining state of the world’s ecosystems, it was abundantly clear that too often the same mistakes had been repeated.  Rather than applying precautionary principles and taking measures to prevent environmental destruction, “we far too often find ourselves trying to solve problems that have already developed destructive and sometimes unstoppable momentum”, he said.  The failure of the last weeks to adequately address the issue of deep-sea bottom-trawling was a stark example of that very phenomenon.

Over the last month and a half, he said, there was opportunity to chart a different and better course.  Scientists from around the world had called on the United Nations to take urgent action to prevent destruction of the magnificent biodiversity of the deep seas -- a world of untold beauty and value.  The scientific community was just beginning to understand the scope and vulnerability of the deep sea.  It was already clear, however, that seamounts and other deep-sea features were teeming with unique life and were extremely vulnerable. 

“At the same time, we know that a small number of fleets from larger, more developed countries, that have depleted their own fisheries, are now bottom-trawling in international waters.  And we know that this method of fishing is ploughing up ancient coral systems and untold scores of endemic species”, he said.  For Pacific nations such as his, protecting the ocean was not a casual interest.  “It is essential to preserving our way of life.  Without fish in the sea, we in the Pacific simply will not survive.  Accordingly, we are disappointed that this body did not recommend that the General Assembly take immediate and effective measures this year to protect the deep sea from destructive fishing practices”, he said.  

In light of that and other concerns, Palau believed that the time for action had arrived.  “We, therefore, express our grave disappointment that these resolutions did not call for an immediate moratorium on bottom trawl fishing in all high seas regions.”  Such a moratorium would be consistent with the best traditions of the United Nations on global marine stewardship, such as Assembly resolutions on large-scale pelagic driftnet fishing on the high seas, which were adopted by consensus between 1989 and 1991.

STANISLAW PAWLAK (Poland) said that, despite numerous obstacles and challenges, the Convention, as a unique international legal instrument, had contributed much to cooperation in maritime affairs and had strengthened law enforcement in a balanced and harmonious way.  He also commended the Tribunal for its active role in resolving inter-State maritime-related disputes.  At the same time, he was very concerned that the degradation of coastal and marine environments had intensified.  Everything possible must be done to stop that process, which was having an unprecedented impact on human health, food security and safety.  One of the more efficient ways of preventing further degradation was regional cooperation among States.  His country fully supported the activities of the Baltic Marine Environment Protection Commission and the recommendations it adopted last March on a range of items, from reducing discharges from fresh water and marine fish farming to new oil filtering technologies on board ships.

He said his country was also committed to protection and preservation of the marine biodiversity of the oceans in areas of national jurisdiction and beyond.  He, therefore, highly appreciated the decision to establish the Ad Hoc Open-Ended Working Group to study issues related to that topic.  Of crucial importance, given that shipping carried more than 90 per cent of world trade, was navigation safety.  He supported the establishment of a European coastguard service equipped with the necessary competence and instruments to ensure maritime safety and the protection of the maritime environment, strict monitoring of adherence to certain shipping routes, the prosecution of the illegal entry of vessels and the coordination of measures in the event of an accident at sea.  Also welcome in that regard had been approval of proposed amendments to Chapter XII of the International Convention for the Safety of Life at Sea.

With respect to maritime security and crimes at sea, he said he was pleased at the entry into force on 1 July of the International Ship and Port Facility Security Code and related amendments to Safety of Life at Sea Convention.  He was encouraged by the steadily rising number of ships and port facilities, which had their port security plans approved.  He also supported the criminalization of the maritime transport of mass destruction weapons and their delivery means in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, and was fully committed to the Proliferation Security Initiative, which was an important tool in responding to the growing challenge posed by the proliferation of those weapons.  Serious consideration should be given to proposals to include the transport of nuclear, chemical and biological weapons among the list of offences.  He also remained deeply concerned about the reported increase of acts of piracy and armed robbery, and, thus, he supported the conclusion of regional agreements aimed at combating those crimes, including against terrorism.

FELIPE PAOLILLO (Uruguay) said his delegation awaited the reports with anxiety each year because it hoped that the progressive deterioration of the marine environment would be detained and the protection of resources improved.  That hope had been deceived yet again this year, he said.  States and international institutions had focused on strengthening the international regime of oceans.  Also, despite cooperation, the reality offered a deterioration of marine environment, a relentless threat to oceans by dumping and the discharging of ships, carried out in an ecologically irresponsible manner.  In addition, there was a worsening in the marine fishing populations, due to overfishing and illegal fishing, and fishing practices that were unsustainable.  Violent acts continued to increase in certain areas of the world and the trafficking of people and drugs added to insecurity.

The causes of depletion of marine space were based on the negligent conduct of States that did not adopt measures that they had committed themselves to, he said.  It was important to comply with and respect the instruments that had been accepted.  He recalled that the existence of the Convention as a concept was not enough; it must pervade all activities of States, carried out in the oceans.  The fundamental message of the report was in the final paragraph, where it appealed to all States to implement the provisions of the Convention.

He noted the question of the classification of the natural diversity of the seabed.  That reserve of organisms offered a promise of scientific resources but their exploitation was carried out irresponsibly.  He supported the draft resolution on the need to adopt measures to monitor risks that threatened biological diversity and take measures to tackle destructive practices.  Also, Uruguay continued to be concerned with deep-sea bottom-trawling, as well as the fact that there was no agreement to put an end to, or limit that practice, which caused irreversible damage to the marine environment. 

Rights of Reply

The representative of Chile said that earlier this afternoon in the debate, Bolivia’s representative had made a statement in which he made references to Chile and also to the peace treaty which had governed both countries since 1904.  In his perception of that treaty, Bolivia’s representative had made a series of points that need to be corrected.  First, the treaty [from its inception] had been fully studied and noted by both countries.  It had also been approved by a majority in the congresses of both countries, at a time when there was constitutional normality and economic growth.  To date, all of its clauses had been complied with, leading to bilateral cooperation, free transit and access to the sea by Bolivia. 

Free transit was in fact a daily practice and a reality, he continued.  Goods and railways went all the way to the sea.  The Bolivian Government had no obstacles from the Chilean border.  That was also a good example for other border crossings in the region.  His country complied with the 1904 treaty, in accordance with the provisions of that instrument.  It was not a multilateral issue and many times his country had indicated its willingness to have a dialogue with Bolivia.

The representative of Bolivia said the statement by Chile’s representative was simply repeating a position and reiterating that the treaty signed between the two countries was regulating a normal situation.  Again, he wished to reflect the facts -- the treaty had not resolved what it should have resolved.  There was a popular appeal for a free, useful and sovereign outlet to the sea.  There was also clear manifestation that the treaty needed to reflect new realities and allow free and sovereign access to the oceans by Bolivia.  If indeed the treaty had resolved what it should have, it would not have led to a series of consultations from 1920 to the 1980s. 

In that respect, he continued, the persistence of bilateral conflicts and lack of maritime access would prevent regional integration.  His country believed that the issue was a multilateral one but also still believed that bilateral negotiations with Chile were possible.  But until that was done, Bolivia would continue to air the issue in an international forum, as the issue necessitated seeking a new legal instrument between Chile and his country

The representative of Chile said that, in the interest of time, he would reiterate what his delegation had just said.

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