Background Release

states parties to United Nations law of sea convention to hold

sixteenth session at headquarters, 19 to 23 june

 

The sixteenth meeting of States parties to the United Nations Convention on the Law of the Sea will meet at Headquarters from 19 to 23 June.

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.

Among the matters to be considered at next week’s session are budgetary and administrative questions related to the International Tribunal for the Law of the Sea, 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.

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 Tribunal’s jurisdiction 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.  Seated in Hamburg, Germany, the Tribunal is composed of 21 judges elected for nine-year terms.

According to the Tribunal’s annual report (document SPLOS/136), covering the period from 1 January to 31 December 2005, the Special Chamber of the Tribunal formed to deal with a dispute between Chile and the European Community concerning the conservation and sustainable exploitation of swordfish stocks met on 28 and  29 December 2005.  In addition, the Tribunal held two sessions devoted essentially to legal matters having a bearing on its judicial work and other organizational and administrative matters.  The nineteenth session of the Tribunal was held from 7 to 18 March 2005 and the twentieth session from 26 September to 7 October 2005.

During its twentieth session, the Tribunal reconstituted its committees on budget and finance; rules and judicial practice; staff and administration; library and publications; and buildings and electronic systems for the period ending
30 September 2006.  It also decided to establish a Committee on Public Relations, responsible for preparing and proposing measures to promote the Tribunal’s work with a view to the wider dissemination of practical information on its activities, and for maintaining its relations with other international organizations and institutions.

In addition, during the nineteenth and twentieth sessions, the Committee on Staff and Administration considered the need to establish a staff pension committee in the Registry on the basis of proposals presented by the Registry.  The Meeting of States parties may wish to consider the necessity of establishing such a committee within the Tribunal, taking into account the factors set out in the note by the Tribunal on the establishment of a staff pension committee (document SPLOS/139).

Budgetary Matters

Before the meeting is a report on budgetary matters for the financial period 2005-2006 (document SPLOS/138), presented by the Tribunal’s Registrar.  Annexed to the report is the provisional performance report for 2005, which states that the total expenditure for last year stands provisionally at €6,434,245.  This represents 84.01 per cent of the amount of appropriations approved for 2005 (€7,659,198).  The underperformance can be explained by the fact that no new cases were submitted during 2005 and, therefore, substantial savings, amounting to €1,018,477, were achieved in “Case-related costs”.  There were also savings with respect to staff costs amounting to €254,441, owing to vacant positions in the Registry during the period in question.

The report also contains information on action taken pursuant to the decisions on budgetary matters for 2005-2006 taken by the fifteenth meeting of States parties, as well as on action taken pursuant to the Financial Regulations of the Tribunal.

The draft budget proposals of the Tribunal for 2007-2008 are contained in a working paper prepared for the consideration of States parties (document SPLOS/2006/WP.1).  The Tribunal considered and approved the budget proposals for 2007-2008, amounting to some €17,214,700, during its twenty-first session, held from 6 to 17 March.  In line with established practice, the budgetary requirements of the Tribunal for 2007-2008 are based on the expected volume of judicial work; the Tribunal’s administrative work; and the operation of the Tribunal’s premises.

The meeting will also have before it the report of external auditors for the financial year 2004, with financial statements of the Tribunal as of 31 December 2004 (document SPLOS/137).  Deloitte & Touche audited the Tribunal’s financial statements for 2004 and submitted its report on 20 May 2005.  It was determined that the financial statements presented fairly the net assets, financial position and results of the Tribunal’s operations, in conformity with proper accounting principles and financial regulations of the United Nations.

Commission on Limits of Continental Shelf

The Commission on the Limits of the 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.

The meeting will have before it a statement by the Chairman of the Commission on the Limits of the Continental Shelf on the progress of work in the Commission (document CLCS/50).  The Commission held its seventeenth session at United Nations Headquarters from 20 March to 21 April 2006.  The plenary part of the session was held from 3 to 7 April, while the periods from 20 to 31 March and 10 to 21 April were devoted to the technical examination of submissions at the Geographic Information System (GIS) laboratories and other technical facilities of the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs.

Annexed to the document is a draft decision for consideration at the meeting, by which States parties would recommend that, taking into account the importance of the Commission’s responsibilities, adequate additional funding be provided from the regular budget of the United Nations to ensure the full participation of the Commission members in its work, given the requirement of up to four months of full-time work at United Nations Headquarters per year.

The text would also call on States parties to propose, through a draft resolution for consideration by the General Assembly, that the members of the Commission receive emoluments and expenses while they are performing Commission duties concerning the consideration of submissions made by coastal States on the outer limits of the continental shelf under article 76, and that such emoluments and expenses be defrayed through the regular United Nations budget.

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For information media • not an official record