PARTIES TO LAW OF SEA CONVENTION DISCUSS EFFECTS OF OVERFISHING, LIMITS OF CONTINENTAL SHELF, MARINE BIODIVERSITY PRESERVATION

Meeting of States Parties

 to Law of Sea Convention

90^th & 91^st Meetings (AM & PM)

PARTIES TO LAW OF SEA CONVENTION DISCUSS EFFECTS OF OVERFISHING, LIMITS

OF CONTINENTAL SHELF, MARINE BIODIVERSITY PRESERVATION

But Some Governments Question Appropriateness

Of Meeting’s Consideration of Substantive Issues

As States Parties to the 1982 United Nations Convention on the Law of the Sea continued their Fifteenth Meeting today, delegates were divided concerning whether the meeting could address substantive questions relating to the Convention, or whether it should limit itself to budgetary and administrative issues.

The meeting considered an agenda item entitled:  “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”.  That report covers developments relating to State practice regarding maritime space, safety of navigation, crimes at sea and international coordination and cooperation.  It provides an overview of developments relating to the implementation of the Convention and 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 representative of Indonesia said the meeting of States Parties served as an appropriate forum to discuss any issue regarding the Law of the Sea and ocean affairs.  The traditional threats to oceans and seas, such as environmental degradation, depletion of fisheries and loss of biodiversity were now being compounded by new threats, such as illegal migrants and terrorist attacks at sea.  In light of increasing globalization, States must develop rapid responses to the challenges.  In view of the linkage between various aspects of ocean affairs, discussions of all ocean-related issues in the forum would foster implementation of all the Convention’s provisions. 

The representative of the Netherlands, speaking on behalf of the European Union and supported by representatives of, among others, Russian Federation, Norway, Iceland and the observer of United States, said that that the General Assembly was the place to discuss the Secretary-General’s report, for it was the most inclusive forum for the discussion of matters related to the oceans and the law of the sea.  The representative of Norway added that the inclusion of the Secretary-General’s report on this year’s agenda should not be seen as a departure from established practice and should not be an opening for a broader political discussion.

Speakers addressing substantive matters touched on issues ranging from the definition of the term “genuine link” between the flag State and a vessel to the vulnerabilities of small island developing States and their relation to oceans and the sea.

Chile’s representative drew attention to the urgent need to define the “genuine link” between the flag State and the vessel, called for in article 91 of the Convention.  The flag State should exercise its control over vessels sailing under its flag.  As an immediate measure, efforts should be redoubled to combat vessels practicing illegal, unreported and unregulated fishing.  He called for, among other things:  mandatory inspections by port States; a broad international protection agreement regarding the labour rights of the crews; and establishment of a database concerning the nationals and companies which provided the infrastructure for illegal, unreported and unregulated fishing.  Another matter of concern was fisheries subsidies, granted to industrial fishing, which encouraged overcapacity and overfishing.

The representative of Trinidad and Tobago welcomed the focus in the Secretary-General’s report on the small island developing States and their peculiar vulnerability to environmental factors such as hurricanes, typhoons and the recent tsunami.  She also expressed her concern at the continued transport of radioactive materials through the Caribbean Sea.  One single accident could have catastrophic consequences for the populations of the small island developing States for now and future generations, she said.  Those populations were dependent on a fragile sea ecology that sustained industries, such as fisheries and tourism, for their daily livelihoods.

Among other issues addressed were the role of the International Seabed Authority, difficulties the Commission on the Limits of the Continental Shelf would encounter considering the expected large number of submissions of States for extension beyond the 200 nautical mile zone, overfishing through such practices as deep-sea dragnet fishing, the preservation of marine biodiversity, the recent tsunami disaster in the Indian Ocean, and the protection of human rights of seafarers and fishers. 

The Fifteenth Meeting of States Parties then decided that the views expressed in today’s statements would be reflected in the Meeting’s report and that today’s agenda item would be included in the agenda of the Sixteenth Meeting.

In other business, the Meeting elected Krassimira T. Beshkova (Bulgaria) as Vice-President of the Fifteenth Meeting.  In earlier meetings, Ali Hafrad (Algeria), Gaile Ann Ramautar (Trinidad and Tobago) and Isabelle F. Picco (Monaco) had been elected as Vice-Presidents.  It also established its Credentials Committee, consisting of Malaysia, Grenada, Bahamas, CzechRepublic, Canada and Greece.

The representatives of Argentina, Mexico, Jamaica, Costa Rica, Canada, Kenya, Egypt, Brazil, India, Ukraine, Cuba, Sri Lanka, Bangladesh and Gabon also took the floor.

The Director of the Division for Ocean Affairs and the Law of the Sea, Vladimir Golitsyn, answered a representative’s question, and the Meeting’s Secretary, Gertrude Blake, made an announcement regarding the United Nations-Nippon Fellowship Programme.

Background

The fifteenth meeting of States Parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) met today to consider 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 Convention (document A/59/62).  [For background information and report summaries, see Press Release SEA/1822 of 14 June.]

Election of Vice-President

The States Parties elected Krassimira T. Beshkova (Bulgaria) as Vice-President of the Fifteenth Meeting. 

Report of the Secretary-General under Article 319 of Convention

ALFREDO LABBÉ (Chile) said there was an urgent need to define the genuine link between the flag State and the vessel, called for in article 91 of the Convention.  The flag State should exercise its control over vessels sailing under its flag.  Last year, his country had adopted regulations to cover the use of its ports by foreign flag-flying fishing vessels in accordance with Food and Agriculture Organization (FAO) regulations.  Chile did not authorize foreign vessels to operate in its exclusive zone.  As an immediate measure, efforts should be redoubled to combat vessels practicing illegal, unreported and unregulated fishing.  He called for, among other things:  mandatory inspections by port States; a broad international protection agreement regarding the labour rights of the crews; creation of a database on hiring of crews for illegal, unreported and unregulated fishing; and the establishment of a database concerning the nationals and companies which provided the infrastructure for illegal, unreported and unregulated fishing.

He said another item of concern was fisheries subsidies, granted to industrial fishing.  Such subsidies encouraged overcapacity and overfishing, and should be included in the annual report of the Secretary-General in the future, perhaps in the context of the World Trade Organization (WTO).  Scientific marine research should be included in a separate section of the report.  As for biodiversity, the meeting of States Parties should be informed on the results of a special informal working group in that regard, established by the General Assembly. 

The sixth meeting of the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea, which had just concluded, had focused on fishing and its contribution to sustainable development and marine waste.  In that regard, he suggested international financing for control and management of land pollution into the marine environment.  The results of the Consultative Process constituted valuable elements for consideration by the General Assembly.  He supported a provisional prohibition of practices such as dragnet fishing in international areas and recognized the fundamental role of regional organizations regarding fishing resources.  The report of the Secretary-General should also include results of and progress made in the work of the Oceans and Coastal Areas Network, a mechanism for inter-agency coordination and cooperation.

Mr. VAN DIJK (Netherlands), speaking on behalf of the European Union, expressed appreciation for the presentation of the Secretary-General’s report.  In conformity with the decision of the fourteenth meeting of States Parties, the report was to address issues of a general nature relevant to States Parties, which had arisen with respect to the Convention.  The report provided a wealth of information and represented an almost exhausting compilation of facts related to the 1982 United Nations Convention on the Law of the Sea.  However, he believed that the General Assembly was the place to discuss that report, for it was the most inclusive forum for the discussion of matters related to the oceans and the law of the sea.

JENS EIKAAS (Norway) said his delegation, too, believed that report was for the information of States Parties on issues of general nature, which had arisen in connection with the implementation of the Convention.  He did believe -- as he had made clear last year -- that the inclusion of the Secretary-General’s report on the agenda of this year’s meeting should not be seen as a departure of established practice.  It should not be an opening for a broader political discussion, which fell outside the scope of article 319.

DIEGO MALPEDE (Argentina) said that he wanted to touch on the role of the International Seabed Authority in the protection of marine biodiversity.  Resolution 59/25 of the General Assembly reflected agreement on deferring the consideration of the possibility of a moratorium on the use of deep-sea dragnet fishing.  That fishing practice affected the biodiversity marine flora and fauna.  In the verification and identification stage of the zone affected by such practices, it was important to respect the practices of the Seabed Authority.  The role of that international body was also important in the identification of the areas that should be the subject of specific preservation measures and should be restricted to the use of dragnet fishing.  Among other alternatives, he mentioned the participation of regional organizations.  Other measures should not be ruled out.

He also referred to the work of a group of experts on the Law of the Sea of the Oceanographic Intergovernmental Commission of the United Nations Educational, Scientific and Cultural Organization (UNESCO).  A meeting of that group had been held in Buenos Aires earlier this year.  Significant recommendations had been made by that meeting, which were based on follow-up actions to the questionnaire on transfer of marine technology and scientific research, which was regulated by parts XIII and XIV of the Convention.  The recommendations of the group would be examined at the next assembly of the Oceanographic Commission, soon to be held in Paris.  Argentina believed that the activities of the group of experts should be recognized by the meeting as development in the implementation of the Convention.  The Group saw parts XIII and XIV of the Convention as a single unit, for marine scientific research could be effective only if it was combined with training and transfer of technology.

ANNA LYUBALINA (Russian Federation) said that article 319 of the Convention did not mean that the meeting was authorized to consider substantive issues.  Subparagraph 2 stipulated that the Secretary-General inform all Member States of problems of a general nature emerging in connection with the Convention.  He, therefore, supported the position of the European Union and Norway that the meeting of States Parties should not be a forum for substantive discussions. 

GAILE ANN RAMOUTAR (Trinidad and Tobago) welcomed the focus in the Secretary-General’s report on the small island developing States and their peculiar vulnerability to environmental factors such as hurricanes, typhoons and the recent tsunami.  She also welcomed the focus of the Secretary-General on the international meeting in Mauritius that had reviewed the 1994 Barbados Plan of Action.  It was appropriate that the Secretary-General brought to the attention of States Parties the challenges faced in that context by the small island developing States in implementing the Convention, as well as the many areas of the Mauritius Strategy that were related to oceans and the Law of the Sea.

She also expressed her concern and that of other countries in the region at the continued transport of radioactive materials through the Caribbean Sea.  Despite international legislative measures taken, one singe accident could have catastrophic consequences for the populations of the small island developing States for now and future generations, she said.  Those populations were dependent on a fragile sea ecology that sustained industries for their daily livelihoods, such as fisheries and tourism.

ALFONSO ASCENCIO (Mexico) said that the Convention established the legal framework within which all activities on oceans and the law of the sea were to be carried out.  He welcomed the fact that the Secretary-General had taken up his obligation to report to States Parties on questions of a general nature, which had arisen concerning the Convention.  Clearly, the report encompassed a wide range of issues of interest to States Parties.  His delegation had chosen a few issues of particular importance to Mexico, including those related to the three institutions created by the Convention.

He welcomed the fact that the International Tribunal had signed a Headquarters Agreement with Germany, and he awaited its entry into force, he said.  Regarding the Seabed Authority, the report told States Parties that in September a workshop had been held in Kingston on polymetallic sulphides and cobalt crusts -- their environment and considerations for the establishment of environmental baselines and an associated monitoring programme for exploration.  That event was one of the means of evaluating possible effects of exploration and exploitation of the marine environment.

Moreover, he took note that, at a forthcoming session of the Council, the Authority would take up draft regulations on the exploitation of polymetallic sulphides and cobalt crusts.  Future exploitation of the seabed should be carried out on the basis of relevant regulations, taking into account the evolution of international law.  In considering draft regulations, it was important to take into account the need to preserve the marine environment and implement relevant articles of the Convention.  “The polluter pays” principle and strict liability for damage to the marine environment were of great importance.  The Convention established that the benefits of the oceans should be enjoyed by all.  For that reason, the Seabed Authority should continue defraying the costs of developing countries’ participation in technical workshops and promote participation of scientists and experts in its work of a scientific nature.

The report warned States Parties of a huge amount of work of the Commission on the Limits of Continental Shelf in connection with the growing number of submissions it was and would be receiving, he continued.  States Parties should reflect on the means of resolving practical problems in connection with the increased workload of the Commission.  He also encouraged States to increase their support for the Trust Fund created for the purpose of facilitating the preparation of submissions to the Commission on the Limits of the Continental Shelf for developing States, in particular, the least developed and small island developing States.  Mexico also wanted to express its appreciation on the completion of the draft of a training manual, which had been prepared by the Division for Ocean Affairs and the Law of the Sea, in cooperation with two coordinators who were members of the Commission.

He also congratulated the Division on preparing seminars at the regional and subregional levels.  In particular, Mexico expected with interest the seminar for Latin American and Caribbean countries, for many of them had significant requirements in terms of training and capacity-building.  One of the key elements for the implementation of the Convention was the establishment of regional scientific research and technical centres.  Among other aspects, he mentioned regional initiatives in the area of technical assistance and capacity-building.  Also important, as indicated by the Secretary-General, was proper training of seafarers and fishers to promote safety of navigation and protection of the marine environment.  The flag State was to exercise control over its vessels and had primary responsibility in that respect.  The measures to be taken by flag States should be consistent with the norms, regulations and standards contained in international instruments.

He also touched upon the issue of the protection of human rights of seafarers and fishers, for conditions on vessels were still, in many cases, below international standards.  Work should continue on a new consolidated convention on marine labour, which should replace all existing instruments.  He also encouraged elaboration of regulations on equitable treatment of seafarers in connection with accidents.

ADAM MULAWARMAN (Indonesia) said the meeting of States Parties served as an appropriate forum to discuss any issue regarding the Law of the Sea and ocean affairs.  The traditional threats to oceans and seas, such as environmental degradation, depletion of fisheries and loss of biodiversity were now being compounded by new threats such as illegal migrants and terrorist attacks at sea.  The report of the Secretary-General also drew attention to application of unilateral policies that infringed on the rights of other States.  In light of increasing globalization, States must develop rapid responses to the challenges.  In view of the linkage between various aspects of ocean affairs, discussions of all ocean-related issues in the forum would foster implementation of all the Convention’s provisions. 

Drawing attention to the parallel process undertaken in the United Nations Fish Stocks Agreement (UNFSA), he said suggestions had been made in meetings of the States parties to the UNFSA on how to make the regime of FSA effective and ensure the sustainable use of fisheries in harmony with ecosystem management.  There was a need to preserve sustainable fisheries for development.  Several new issues had also been raised, including the possible applications of the Agreement governing “discreet species”.  A similar process could also apply to the UN Convention on the Law of the Sea.  A more substantive forum would contribute to the effectiveness of the Convention.

CONSTANCE C. ARVIS, observer of the United States, said that the mandate to the Secretary-General to convene meetings under article 319 of the Convention was qualified in two significant respects:  it was limited to meetings that were “necessary”, and it was linked to other parts of the Convention.  Only two other areas of the Convention referred to “meetings of States Parties”:  annex II, which established the Commission on the Limits of the Continental Shelf and required the election of its members at a meeting; and annex VI -- the Statute of the International Tribunal for the Law of the Sea -- which required the election of Tribunal members and the determination of the Tribunal’s budget to be performed at a meeting of States Parties.  No other provisions of the Convention either required action or acknowledged the possibility of other action by a meeting of States Parties.

She noted that article 319 differed significantly from the language used in other multilateral conventions that had established institutional arrangements based on a “conference of the parties” approach.  Those agreements typically contained express language referring -- in varying degrees -- to the conference of the parties’ ongoing role in overseeing the implementation and elaboration of the agreement.  Examples of such arrangements existed when UNCLOS was being negotiated.  The lack of incorporation of such provisions into article 319 was intentional and reflective of the intent of the negotiating States at the time UNCLOS was elaborated.

The negotiating history of the Convention supported that view.  During the negotiations at the Third Conference, a number of delegations had supported various proposals that would, in effect, have established a mechanism for the periodic review of the Convention, including the establishment of a periodic assembly to review common problems and address new uses of the seas.  After debate, those proposals, had failed to attract the necessary support.  The final result was article 319 (2)(a) concerning the reports to be made by the Secretary-General on issues of a general nature that had arisen with respect to the Convention.

In short, she concluded, article 319 was not intended to, and did not, empower the meeting of States Parties to perform general or broad reviews of general topics of interest.  Another mechanism, the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea, had evolved to assist the General Assembly in precisely that regard.  Unfortunately, it seemed that a broad, substantive review was precisely what was being suggested today.  She urged Parties to the Convention to consider carefully, and to resist, effectively setting aside the words and intent of the carefully crafted compromise that was article 319.

NORMA ELAINE TAYLOR ROBERTS (Jamaica) welcomed the exchange of views related to issues of oceans and the Law of the Sea under article 319.  It was the responsibility of States Parties to promote the understanding and implementation of the Convention.  The works of institutions created by the Convention were of direct relevance to the meeting of States Parties.  As a follow-up to reports and information provided by the institutions, she suggested that it would be useful to have some kind of outcome or conclusion on the issues raised.  Information was presented, she said, but information was of no value if nothing was done with it. 

The meeting could also benefit for a review of best practices and initiatives taken by Member States, she said.  For example, the Caribbean Maritime Delineation Conference had provided a forum for countries in the region to discuss any issue relating to the subject and to increase cooperation with neighbouring States.  The Consultative Process was an informal process and could not replace of the work of Member States.  Perhaps it was now time for the meeting to look more closely at some of the issues that came out of the Process, such as, for instance, bioprospecting of the seabed. 

CARLOS FERNANDO DÍAZ PANIAGUA (Costa Rica) welcomed the Secretary-General’s report and said that the decision to have the Secretary-General submit his report to the meeting was of great importance.  He agreed with previous speakers that conventional bodies should have a more prominent role in evaluation and verification of harmful practices and that the Seabed Authority should play a more proactive role in the preservation of marine biodiversity.  Among other important issues mentioned today were dragnet deep-sea fishing and dangerous materials at sea.  He also shared the concern expressed by the representative of Trinidad and Tobago that greater emphasis should be placed on non-regulated and unsustainable fishing.  His delegation was also interested in the proposal by Jamaica that there should be some formalized outcome of today’s discussions.

Mr. SIMARD (Canada) expressed concern regarding overfishing and illegal, unreported and unregulated fishing in coastal areas.  The flag States were not ensuring that relevant provisions were respected.  The United Nations Convention on the Law of the Sea and the Fish Stocks Agreement were aimed at addressing those issues on a global level.  The international community had adopted those instruments to ensure sustainability of world fisheries, but there was often the lack of political will and the lack of resources to implement them.  It would be only through universal implementation that the full potential of those instruments would be achieved.  He urged the States that had not yet done so to ratify and accede to the Fish Stocks Agreement and commended the Secretary-General for including it in a treaty event to take place this fall.

In May, Canada had hosted an international conference under the title “Moving from Words to Action”, which sought to generate the political will and resources to address the global problem of overfishing, he said.  The delegates had produced an action-oriented declaration, which identified important areas that required attention, including the need to strengthen the governance of high seas fisheries and specific action to strengthen and modernize regional management organizations.  Also considered had been the procedures to settle disputes, the use of criteria for allocation of fishing opportunities, strengthening oversight regimes and measures to secure compliance by vessels.

Turning to marine biodiversity, he said that the issue related to marine preservation outside national jurisdiction, on which an ad hoc informal working group had been recently established by the Assembly.  Marine biodiversity was the subject of several international instruments, including the United Nations Convention on Biodiversity.  All the facets of sustainable exploitation of marine biodiversity should be strictly adhered to.  Among the issues that should be taken into account during the discussion in the working group, were existing laws on the matter and the role of regional fisheries management organizations.

MICHAEL K. KIBOINO (Kenya) said his country valued highly the assistance provided by the Division for Ocean Affairs and Law of the Sea and the Commission on the Limits of the Continental Shelf to developing countries in capacity-building, especially regarding the technical support in preparing submissions on the outer limits of the continental shelf.  He hoped that more training opportunities would be available to developing countries, preferably at a subregional or national level.  Kenya had initiated preparations for submissions on the outer limits of the continental shelf and expected to meet the deadline of 2009.  Considering that participation at the proceedings of the Tribunal could be very expensive, he appealed to States that were able to do so to contribute to the trust fund established to assist developing countries. 

He said many developing countries considered dissemination of marine scientific research to be an important component in the implementation of the Convention.  He, therefore, called for the diversification and geographical balance of scientific workshops held under the auspices of the International Seabed Authority.  Considering that small-scale and subsistence fishing were the main source of livelihood for million of people in developing countries, conservation and long-term sustainability of fisheries must be a paramount priority.  Harmful fishing practices that adversely affected the conservation of common fisheries resources must be stopped. 

TOMAS H. HEIDAR (Iceland) said he supported the statements made by the representatives of the Netherlands on behalf of the EU, Norway, Russian Federation and the United States.  According to annexes 2 and 6 of the Convention, the role of the meeting of States Parties was limited to financial and administrative issues.  The meeting of States Parties did not have any substantive role.  That role was fulfilled by the General Assembly and its facilitator, the Informal Consultative Process.

MAHMOUD SAMY (Egypt) stressed the importance of today’s review and called upon all parties concerned to comply with the Convention on the Law of the Sea and implement it.  For its part, Egypt was introducing numerous measures to implement that instrument at the national level.  Among other issues of great importance, he highlighted the need to preserve water resources and protect the marine environment.  That was the responsibility that fell to the international community.  He welcomed the efforts of the International Seabed Authority, including its project to acquire information on biodiversity, species ranges and gene flow to predict and manage the impacts of deep seabed mining.  He also expressed concern regarding some recent studies by the FAO on the future of fishing.  The demand in that area was not satisfied because of the lack of marine resources, given that there was no proper management of marine resources.

Some States did not comply with international regulations as far as marine resources and fishing were concerned, he continued.  The Convention stipulated general obligations for the protection and preservation of the marine environment, while also accentuating the role of special ecosystems.  The information on bioprospecting, that was contained in the report before the meeting, was of great interest to his delegation, particularly as far as its impact on the environment was concerned.  He was concerned over the degradation of the marine environment, which continued despite international efforts.  Egypt had taken steps to protect the marine environment, including legislation and proclamation of certain regions as national conservation zones, because of their environmental fragility.

Regarding the prerogatives of the meeting of States Parties, he said that the topics of interest to States Parties that were reflected in the Secretary-General’s report should be the topic of discussion at the meeting.  This was the place to discuss the issues related to the Convention.  The enriching ideas that had been presented today testified to that, as well as Member States’ great interest in the issues covered in the report.

LOURENÇO DE ALMEIDA (Brazil) said it was reasonable that States Parties could discuss issues in order to contribute to consensus solutions.  Among issues raised by delegates this morning, he highlighted, as important to be addressed by the meeting of States parties, the need for clarification of the term “genuine link” regarding the role of flag States.  The issue of biodiversity of the deep seabed would be addressed by an ad hoc informal working group of the Assembly, but the meeting of States Parties could provide a valuable contribution to its work. 

At the conclusion of the morning meeting, GERTRUDE BLAKE of the Division for Ocean Affairs and the Law of the Sea and Secretary of the meeting, informed the meeting of the second call for nominations of candidates for the United Nations-Nippon Fellowship Programme -- one of the important capacity-building instruments under the Convention.  The programme provided opportunities for mid-level ocean affairs professionals to undertake a nine-month academic fellowship programme.  Its main objective was to provide advanced education and training opportunities in the field of ocean affairs and the law of the sea, and related disciplines, to Government officials from developing coastal States, so that they could obtain the necessary skills to assist their countries in formulating comprehensive ocean policies and to implement the legal regime set out in UNCLOS and related instruments.

At the outset of today’s afternoon meeting, MANIMUTHU GANDHI (India) said the Convention set out the legal framework within which all activities in the oceans and the seas should be carried out.  The need for universal acceptance of the Convention could, therefore, not be overemphasized.  He attached the highest importance to the strengthening and effective functioning of the three institutions established by the Convention, and was satisfied that they had made considerable progress in their work over the last year. 

He said that during last year’s meeting of States parties, article 319 had been extensively debated.  He believed that State Parties could discuss any issue concerning the Law of the Sea.  Submissions to the Commission on the Limits of the Continental Shelf posed great challenges to developing countries, particularly to least developed countries, in collecting the necessary data and preparations.  Those difficulties should be addressed in the meeting of States Parties. 

VOLODYMYR G. KROKHMAL (Ukraine) said that his country was fully committed to the Convention, which represented a significant achievement by the international community and an important testimony to United Nations efforts to codify and develop the international aw of the sea.  The Convention was not just a charter -- within which all activities related to oceans and seas should be carried out -- it was also a basis for a comprehensive system of economic and political cooperation in marine-related matters.  Also of paramount importance was the 1995 Fish Stocks Agreement, which ensured conservation and management of those stocks on the basis of responsible fishing on the high seas.  Ukraine had become a party to the Agreement, and he called on the States that had not done so to accede to that instrument.

Even before the country became party to the Fish Stocks Agreement, Ukraine’s legislation on fisheries had been developed on the basis of its provisions and principles, he continued.  Further steps were being taken now, which included the adoption of a number of normative legal documents, designed to enhance the role of the State in conducting ocean fishing and increasing the responsibility of vessel owners.

Overexploitation of living marine resources through excess fishing continued to be a matter of grave concern, he said.  As a geographically disadvantaged country bordering a sea poor in living resources and suffering from the depletion of fish stocks in its exclusive economic zone, Ukraine placed a special emphasis on the problem of illegal, unregulated and unreported fisheries.  All States should apply effective measures for conservation, management and exploitation of fish stocks.  Better international cooperation in that sphere was needed, and crucial role here belonged to relevant regional organizations.  Regional fisheries organizations should enhance their cooperation with a larger number of States, in particular with distant water fishing States and geographically disadvantaged countries.

It was necessary to ensure effective cooperation and cooperation in integrated ocean management to facilitate sustainable fisheries and enhance the maritime safety, as well as the protection of the marine environment from pollution, he continued.  He was grateful to the Secretary-General, whose report contained proposals to provide financial and technical assistance to developing countries to improve management of the living marine resources in areas under their national jurisdiction, improve the legal and policy frameworks within which small-scale fishers operated and take urgent action, adopting innovative measures to eliminate overfishing and illegal, unregulated and unreported fishing.

Noting with satisfaction the effective functioning of the International Seabed Authority, he said it was important for that body, while examining the reports submitted by contractors, to continue the elaboration of rules, regulations and procedures to ensure effective protection of the marine environment and conservation of natural resources.  He also reiterated a crucial role of the International Tribunal for the Law of the sea in the process of interpretation and implementation of the Convention.  Great progress had been made by the Commission on the Limits of the Continental Shelf, which currently considered the first submission regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles.  At the same time, most developing countries faced substantial difficulties in the process of preparing such submissions, and he welcomed the provisions of the latest resolution on the oceans and the law of the sea aimed to facilitate the management of the Trust Fund for assistance in preparation of submissions to the Commission by such countries.

JUANA ELENA RAMOS RODRÍGUEZ (Cuba) reiterated that the Convention was the appropriate legal framework within which all activities on the oceans and the seas should be conducted.  The meeting of the States parties should play a substantive role and not only deal with administrative and budgetary matters, thereby enhancing the effectiveness of the meetings.  She noted that the Secretary-General’s report (document A/60/63) unfortunately made mention of policies and initiatives conducted by certain States, in particular the security initiative against the proliferation of weapons of mass destruction.  According to that initiative, standards on the interception of ships, as established by the Convention, would be disregarded. 

Mr. CHITTY (Sri Lanka), welcoming the three new States Parties to the Convention, said that article 319 provided for the Secretary-General to report to States Parties on issues of a general nature that had arisen in connection with the Convention.  It was the meeting that had the competence to consider such matters and propose decisions on them.  The Secretary-General’s report covered the whole range of issues related to the Convention.  Of particular importance to his country was the work of the Commission on the Limits of Continental Shelf.

A very useful training course had recently been conducted in his country in accordance with the requirement to help develop an in-depth understanding of the full procedure for the submission of data by States in seeking to extend the limits of their continental margin.  The training course was based on the training manual that was still to be published.  He looked forward to its publication, for it had proven to be very valuable.  He also emphasized the importance of the Trust Fund created for the purpose of facilitating the preparation of submissions to the Commission on the Limits of the Continental Shelf for developing States and expressed great interest in the work of the Nippon Foundation Fund.

He expressed appreciation for the report of the President of the International Seabed Authority and noted the advances it had made.  In connection with the report of the International Tribunal, he noted “a very positive development” regarding the most recent case (Malaysia against Singapore) handled by that court.  Following a request for provisional measures submitted by Malaysia against Singapore, an arbitrary tribunal had been substituted to hear the case on the merits.  The countries had reached a negotiated agreement on the basis of the recommendations of a group of independent experts.

Turning to the Asian tsunami disaster -- the worst in recent times -- he recalled that Sri Lanka had been affected by it and had benefited from the positive response to the disaster.  He believed it would be useful for the meeting to make recommendations on the establishment of a regional early warning system and enhancement of national capabilities in that respect.  Relevant international agencies should coordinate their efforts, and modalities should be introduced to improve public awareness and national disaster planning.  Proposals to that effect had been put before other fora, and the meeting should endorse those approaches.

MUHAMMAD ALI SORCAR (Bangladesh) said the Secretary-General’s report on Oceans and the Law of the Sea had made reference to the consequences of the projected workload of the Commission on the Limits of the Continental Shelf.  Some States had given tentative dates for their submission, but other States could not give any time frame of their submission.  As the time for submissions was not open-ended, there could be a sudden flurry of submissions resulting in an overload. 

He said it was impossible for developing countries, in particular the least developed countries and small island developing States, to implement the complicated provisions of the Convention.  Support to such States for capacity-building should be enhanced.  While appreciating Member States’ contributions to the trust fund for capacity-building, the Division for Oceans and the Law of the Sea might look into the issue of disbursements.  Regarding the issue of smuggling of migrants, he said that too often States ratified a particular convention or protocol without having the knowledge and infrastructure to carry out the provisions of such instruments. 

The overfishing by technically advanced countries was depleting the availability of fish for those who had to depend on more traditional means of fishing, particularly in developing countries, he said.  Illegal, unregulated and unreported fishing should, therefore, be curbed.  Ocean governance in those areas should be strengthened and the responsibilities of the flag States fully carried out.  Although his country had been spared by the recent tsunami, it could be a victim next time.  As one of Bangladesh’ protections was its mangrove forest, preservation of such forests was extremely important.  The network of regional centres should be strengthened to enhance early warning capability. 

PIERRE MAGANGA (Gabon) said that the fact that it had taken his country over 10 years to submit a claim to the Commission on the Limits of Continental Shelf was a source of concern.  That was a very complex issue.  The representative of the Commission had said that the workload of the Commission was expected to significantly increase, and that would have an impact on developing countries.  In that connection, he wanted to know what measures would be taken to help developing States to prepare their submissions within the time limits provided.  The workshops towards that end were of great importance, and he wanted to know more about the workshop to take place later this year in Ghana.  He also believed that the documents for that event should be prepared in French to facilitate work for French-speaking countries.

VLADIMIR GOLITSYN, Director, Division for Ocean Affairs and the Law of the Sea, in answer to Gabon’s statement, said the Division had prepared a training manual that had been used at two workshops, in Fiji and Sri Lanka.  It was preparing a workshop in Ghana for December.  He realized that for that workshop, a French translation of the manual would be needed, as well as French interpretation.  As the manual was a voluminous and technical document, it was not easy to translate.  He had been in touch with the African Union to see if that organization could provide for interpretation services.

The Fifteenth Meeting of States Parties then decided that the views expressed in today’s statements would be reflected in the Meeting’s report and that today’s agenda item would be included in the agenda of the Sixteenth Meeting.

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