Background Release

States parties to law of sea convention to meet in new york, 16 – 24 june

Agenda Includes Election of Tribunal Members; Budgetary

Matters; Reports by Seabed Authority, Commission on Continental Shelf

The Fifteenth Meeting of States Parties to the United Nations Convention on the Law of the Sea will be held at Headquarters from 16 to 24 June.  Among the matters to be considered during the session are the elections of seven members of the International Tribunal for the Law of the Sea, budgetary and administrative questions related to the Tribunal’s work, and information reported by the Secretary-General of the International Seabed Authority and the Chairman of the Commission on the Limits of the Continental Shelf.

Often referred to as “the constitution of the Oceans”, the Convention was adopted on 10 December 1982 and entered into force 12 years later, in November 1994.  Based on the understanding that “the problems of ocean space are interrelated and need to be considered as a whole”, the instrument comprises 320 articles and nine annexes, governing all aspects of ocean space and maritime issues, ranging from navigational rights, maritime limits and marine scientific research to management of resources, protection of the marine environment and settlement of disputes.

On 16 November 2004, the General Assembly commemorated the tenth anniversary of the Convention’s entry into force, devoting a full day of its work to discussions covering everything from territorial sea limits, economic jurisdiction and utilization of seabed resources beyond the limits of national jurisdiction, to the passage of ships through narrow straits, piracy and conservation of living marine resources.

The Convention attracts an ever-growing number of ratifications:  the number of parties to the Convention currently stands at 148, including the European Community.  This represents considerable progress towards universality since the entry into force of the Convention, one year after the deposit of the sixtieth instrument of ratification, when there were 68 States parties.

The 1994 Agreement relating to the implementation of Part XI of the Law of the Sea Convention and the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which was adopted in 1995 and entered into force in December 2001, are part of the United Nations law of the sea “package”.  The three institutions established by the Convention are the International Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf.

International Tribunal for Law of Sea

The International Tribunal for the Law of the Sea was established by the Convention to adjudicate disputes arising out of the interpretation and application of the Convention.  It also has exclusive jurisdiction in disputes concerning deep seabed mineral resources and provides advisory opinions when requested to do so.  The jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crew or with regard to requests for the prescription of provisional measures pending constitution of an arbitral tribunal.  The Tribunal holds its meetings and hears cases at its seat in Hamburg, Germany.  It is composed of 21 judges elected for nine-year terms.

According to the Tribunal’s annual report (document SPLOS/122), during the period under review (2004), the Tribunal met from 30 November to 18 December 2004 to deal with the “Juno Trader” case (Saint Vincent and the Grenadines vs. Guinea-Bissau), for the release of the vessel Juno Trader, flying the flag of Saint Vincent and the Grenadines, and its crew.

The Tribunal’s seventeenth and eighteenth sessions -– held from 22 March to 2 April and 20 September to 1 October 2004, respectively, were devoted to legal matters having a bearing on the judicial work of the Tribunal and other organizational and administrative matters, including review of the rules and judicial procedures of the Tribunal and the code of conduct for counsel appearing before the Tribunal.

Election of Seven Members of Tribunal

In accordance with article 5, paragraph 1, of the Statute of the Tribunal, its members are elected for nine years and may be re-elected, provided that of the members elected at the first election, the terms of seven members shall expire at the end of three years and the terms of seven more members shall expire at the end of six years.

In accordance with the decision taken at the Fourteenth Meeting of States Parties, the election to fill the places of seven members, whose terms of office expire on 30 September 2005, will take place during this year’s Meeting.  Under the Rules of the Tribunal, the members’ terms of office start on 1 October following the date of the election.  A list of all the candidates, with an indication of the States parties which have nominated them, was circulated to States parties in document SPLOS/124.  The curricula vitae of the candidates are contained in document SPLOS/125.

Budgetary Matters

The budget for 2005-2006 was approved by the Fourteenth Meeting of States Parties last year in the amount of some 15.51 million euros.  The Tribunal’s proposals were based on an evolutionary approach and guided by the principle of zero growth . In accordance with the Financial Regulations of the Tribunal, which came into force on 1 January 2004, budget proposals were prepared, for the first time, in euros and covered a two-year period.

One of the papers prepared by the Tribunal (document SPLOS/2005/WP.1) deals with proposed adjustment of the remuneration of members of the Tribunal, which was set in 1996 at the maximum annual level of $145,000, based on the comparator -- the emoluments of members of the International Court of Justice (ICJ) -- and increased to $160,000 in 2000.  Following the most recent review of the emoluments of ICJ members, the Assembly, by its resolution 59/282, increased the annual salary of the Court’s judges by 6.3 per cent, setting it at $170,080, effective 1 January 2005.

At its nineteenth session in March 2005, the Tribunal decided to request the Meeting of States Parties to consider an adjustment to the remuneration of the members of the Tribunal to reflect those changes, also effective 1 January 2005.  By the terms of a draft decision attached to the report before the Meeting, the States parties would set the emoluments of the members of the International Tribunal for the Law of the Sea at $170,080.

In the event that the Tribunal is unable to meet expenditures for 2005-2006 from approved budget appropriations, the shortfall would be financed from transfers between appropriation sections as far as possible, as well as from savings of $500,000 from 2002, up to an amount of 115,500 euros.

Another report related to the remuneration of the Tribunal’s members (document SPLOS/2005/WP.2) deals with the effects of fluctuations in exchange rate between the United States dollar and the local currency at the seat of the Tribunal, which have adversely affected the remuneration of its members.  To address this problem, by the terms of a draft decision annexed to the report, it is proposed that this year’s Meeting apply to the annual and special allowances of the members of the Tribunal, effective 1 July 2005, the same floor/ceiling mechanism as is applicable to the emoluments of the judges of the International Court of Justice.

By the same text, the Tribunal requested the Meeting of States Parties to be authorized to finance over-expenditures due to the application of the floor/ceiling mechanism by using part of the savings from the financial period 2002 up to an amount of 263,000 euros and those from the financial period 2004 up to an amount of 150,000 euros. It would also approve a supplementary budget of 351,899 euros for the financial period 2005-2006.

The Meeting will also have before it a report of external auditors for the financial year 2003, with financial statements of the Law of the Sea Tribunal as of 31 December 2003 (document SPLOS/121).  According to this document, the statements presented fairly, in all material aspects, the financial position and results of operations of the Tribunal, in conformity with generally accepted accounting principles and financial regulations of the United Nations.

Another item before the Meeting is the appointment of an Auditor for financial years 2005-2008.  According to the report on the matter (document SPLOS/123), in order to enable the Tribunal to consider the possibility of making proposals in that regard, the Registry sent at the beginning of 2005 a request for quotation to five internationally recognized firms of auditors with offices in Germany:  BDO Deutsche Warentreuhand, Aktiengesellschaft; Deloitte & Touche; KPMG; Ernst & Young; and PricewaterhouseCoopers.

Requested by the Fourteenth Meeting in June 2004 “to keep under review the method used to assess common staff costs and to report on this matter at the next Meeting of States Parties”, the Tribunal has also prepared a report on common staff costs (document SPLOS/127).  According to this document, the new estimate for 2005 for such common staff costs components as pension contributions, dependence and language allowances, education grants, home leaves and medical insurance, amounts to €903,894.  This exceeds the appropriation approved for 2005 (€896,400) by €7,444,.  In light of this minimal difference, there seems to be no need to make adjustment to common staff costs for 2005.  This matter could be reviewed, if necessary, in 2006.

In the report on budget performance for 2004 (document SPLOS/128), the Tribunal informs States parties that at its nineteenth session, in accordance with the decision of the Meeting of States Parties, it had decided to finance the over-expenditure for “Staff costs” ($448,530) by transfer between appropriation sections.  There was no need to finance the over-expenditure by using the savings from the financial period 2002.

The Tribunal also reports that the Korea International Cooperation Agency (KOICA) has offered to provide a grant of $150,000 to finance expenses of participants from developing countries in the Tribunal’s internship programme.  A trust fund was subsequently established, and a special euro bank account was created with Deutsche Bank for this purpose. When the funds were received in March 2004, this amount was converted into €120,600 on the basis of the US dollar/euro exchange rate of 0.804 fixed by the United Nations for March 2004.

Commission on Limits of Continental Shelf

The Commission on Limits of Continental Shelf considers the data submitted by coastal States concerning claims to outer limits of the continental shelf that may extend beyond 200 nautical miles.  In his 5 May letter to the Meeting of States Parties (document SPLOS/129), the Chairman of the Commission reports that the body has held two sessions since the Fourteenth Meeting of States Parties last June.

During its fourteenth session (30 August to 3 September 2004), the Commission began its consideration of the submission of Brazil to establish the outer limits of the continental shelf where it extends beyond 200 nautical miles from the baselines, from which the breadth of the territorial sea is measured.  A subcommission was subsequently established to consider the case.

At its fifteenth session (4-22 April 2005), the Commission took up the submission by Australia –- the third country after the Russian Federation in 2001 and Brazil in 2004 to make an application for extended continental shelf jurisdiction.  As in the case of the Russian Federation and Brazil, the Commission decided that the submission of Australia would be examined through the establishment of a subcommission.  Following its preliminary examination of the data, that body will reconvene in New York from 27 June to 1 July 2005 and also continue its work during the inter-sessional period, as well as during the sixteenth session of the Commission, scheduled to begin on 29 August.

Also during the fifteenth session, it was reported that the subcommission considering the case of Brazil had made considerable progress in the examination of the submission.  It was also decided that the subcommission would meet in the week prior to the opening of the sixteenth session to begin the preparation of its recommendations and the format of their presentation to the Commission.

Informed that Tonga intends to proceed with its submission prior to December 2006, Nigeria by mid-2006, New Zealand in 2006, the United Kingdom before 2007, Uruguay in 2007, Japan in the first half of 2009, Myanmar and Guyana before the 10-year limit expires in 2009 and Canada by 2013, the Chairman of the Commission draws the States parties’ attention to the need for additional staff and requirements for facilities, software and hardware essential for the consideration of submissions.

He states that it has become clear in view of recent voluminous and complex submissions, that the Commission cannot proceed efficiently without receiving far more support from the Secretariat in terms of staff and additional computer hardware and software, as well as data and relevant reference materials.  The attention of States parties is also drawn to the workload facing the Commission in connection with the examination of the submissions, and the time required to complete the necessary tasks.

Matters Related to Article 319 of Convention

During the States parties’ Meeting last year, lengthy consultations were held on the application of article 319 of the Convention, which obliges the Secretary-General to report to States Parties and Convention bodies on general issues linked to the treaty.  Some of the parties stressed that article 319 should lead to discussion of substantive issues within the Meeting, while others took the opposite stand.

On 17 June, the Meeting adopted two proposals on the matter by consensus.  The first one obligates the Secretary-General’s annual report on oceans and the Law of the Sea, which is presented to the General Assembly, to make reference to the fact that it is also being presented to States parties pursuant to article 319.  The second allows that report to address issues of a general nature, relevant to States parties and for their information, which have arisen with respect to the Convention.

The agenda of this year’s meeting thus includes an item on “the report of the Secretary-General under article 319 for the information of States parties on issues of a general nature, relevant to States parties, that have arisen with respect to the United Nations Convention on the Law of the Sea.”

Presented to the Assembly during its commemoration of the tenth anniversary of the entry into force of the Convention last November, the Secretary-General’s report on oceans and the law of the sea (document A/59/62 and Add.1) reviews State practice with regard to maritime space and elaborates on developments in the institutions created by the Convention, as well as recent developments regarding the protection of the marine environment and the safety and security of navigation.  Finally, it addresses the establishment of a mechanism for inter-agency coordination and cooperation.  The report identifies two main challenges for the future:  to ensure that States parties fully implement the provisions of the Convention and that inter-agency cooperation is facilitated and enhanced.

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.

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