Meeting of States Parties                                  

 to Law of Sea Convention                                  

136^th 137^th Meetings (AM & PM)

States Parties to Convention on Law of the Sea Hear Briefing by International

Tribunal President, on Draft Budget Proposals, Other Financial Matters

 

Germany Elected Vice-President; Finland, Australia Named to Credentials Committee

Continuing its annual session today, the Meeting of States Parties to the Convention on the Law of the Sea heard a briefing by the President of the International Tribunal for the Law of the Sea, on that body’s draft budget proposals for 2011-2012, financial reports for the 2007-2008 and 2009-2010 periods, and adjustments to the remuneration of its judges.

Taking note of the Tribunal’s reports, the Meeting also concluded its discussion on the workload of the Commission on the Limits of the Continental Shelf.  It heard Tribunal President José Luís Jesus say that the draft budget for 2011-2012 was €21.05 million, a €3.32 million increase over the previous biennium, but €32,000 less than the original amount, to reflect a decrease in the appropriation for judges’ pensions due to the death of a former judge in April.

Judge Jesus said the draft budget followed an overall zero-growth approach from the previous budget as well as an evolutionary approach based on the Tribunal’s needs and optimum efficiency.  It also included €2.58 million in “case-related costs” of settling a maritime boundary dispute between Bangladesh and Myanmar over the Bay of Bengal.  However, the current 2009-2010 budget would cover the cost of the Tribunal’s Seabed Disputes Chamber issuing, by year’s end, an advisory opinion on “The responsibilities and obligations of States sponsoring persons and entities with respect to activities in the international seabed area”.

Regarding adjustments to Tribunal judges’ remuneration, the President said their annual net salary remained at $161,681, but the post-adjustment multiplier applied to them had been reduced from 73.9 for December 2009 to 62.3 for January 2010, resulting in a 6.67 per cent dollar decrease and a 2.59 per cent euro decrease in their total monthly salaries.  However, it had been proposed to bring Tribunal judges’ salaries into line with those of judges serving on the International Court of Justice, effective from 1 January 2010.  On that date, the Court’s judges had received a 3.04 per cent increase, in accordance with General Assembly resolution 64/231 (2009), he said, noting that following such an adjustment, the monthly salary for Tribunal judges in 2010 would remain almost the same as the December 2009 amount.

Also concerning judges, he said a €72,300 increase was planned under annual allowances, including a proposed €9,900 increase to account for the higher costs of the judges’ travel to Hamburg for Tribunal sessions in 2011 and 2012.  A €314,200 increase would cover pension payments for nine former judges and four surviving spouses for the full 2011-2012 period, as well as payments for 15 months for seven judges whose terms of office would expire on 30 September 2011.

He said total expenditures for 2009 stood provisionally at €7.29 million, 82.65 per cent of the amount approved for that year.  That underperformance could largely be explained by €1.27 million in savings under “case-related costs”.  However, that would change owing to the expenditures to be incurred from the Bay of Bengal case, he noted.  Regarding the 2007-2008 financial period, the Registrar of the Tribunal had determined that it had cash surpluses of €2.12 million as of 31 December 2009.  Taking into account the decision by the nineteenth Meeting of States Parties to use part of the cash surplus to finance additional appropriations required for the judges’ new salary system, €1.9 million would be surrendered to the States Parties.

Following that presentation, the representative of the Republic of Korea stressed the importance of approving draft budget proposals, particularly those involving costs connected with the maritime boundary delimitation case currently before the Tribunal.

Guatemala’s representative expressed concern about budget surpluses, judges’ pay and budget decisions that did not require approval by States parties.  Citing the need to be more responsible in adopting budgets and other decisions with budgetary implications, she proposed that the Tribunal consider employing an independent body to advise on and control the budget while helping States parties with decision-making.

Philippe Gautier, Registrar of the Tribunal, said that existing cash surpluses, or savings, were the result of a lack of cases within the budget period.  The Meeting’s past decisions had determined that part of the Tribunal’s annual budget would be devoted to handling cases, and if none were presented, the surplus would be surrendered.  He recalled past decisions to allocate part of the savings to finance additional appropriations.  Taking note of the Guatemalan delegate’s concerns about judges’ pay, he said it was in line with the salary structure for judges of the International Court of Justice.

Also today, the Meeting concluded its discussion on the Commission’s workload — a debate which reflected the diverging opinions of delegates on how to address the rising number of submissions that coastal States made to the Commission.  The Meeting took note of the relevant information reported on Monday by the Commission Chairman, and it discussed a paper on possible elements for inclusion in the Meeting’s draft decision on the Commission’s work (document SPLOS/212), which had been prepared by the Informal Working Group set up in 2009 to address the Commission’s growing workload.

That paper would have the Commission adopt, on an urgent and priority basis from now until 2012, several measures to expedite the processing of submissions and better manage the Commission’s increasing workload, bearing in mind the need for the Meeting to consider their cost implications.  Better management measures would include adopting greater flexibility in the size of subcommissions, holding more extended and frequent meetings, tasking the subcommissions with a greater number of submissions, and enabling Commissioners to work remotely, with the consent of submitting States.  Furthermore, the Meeting would consider the possibility of a full-time Commission and report on its recommendations in 2011, and call upon States in a position to do so to make voluntary contributions to the trust fund established to pay the expenses of developing-country representatives participating in the Commission’s meetings.

Those proposals drew mixed reviews from delegates, but they all agreed that any measures taken should not have a negative effect on the quality of work.  The representative of the United States called for such practical steps as more and smaller subcommissions and longer meetings, which should be a priority.  However, she and the representatives of Australia and Chile echoed the concerns expressed on Monday by Mexico’s delegate about the feasibility and effectiveness of the proposed full-time Commission, particularly without studying its financial implications.  Kenya’s representative, on the other hand, dismayed by the long delays in considering submissions, supported the proposal.

Spain’s representative, speaking on behalf of the European Union, and China’s delegate stressed the importance for States of making contributions to the trust fund.  The representatives of Australia and Fiji urged the Commission not to delay the processing of submissions by small island developing States, as that would ill-affect their economies.

Iceland’s representative said more frequent meetings would be the best way forward, but disagreed with the use of external experts, saying that smaller subcommissions would jeopardize the quality of the Commission’s work.

In other business, the Meeting elected Ingo Winkelman ( Germany) as Vice-President, and appointed Arto Haapea ( Finland) and Sue Robertson ( Australia) to its Credentials Committee.

Also speaking today were the representatives of Austria, Bangladesh, Brazil, Canada, Egypt, Germany, Romania and Viet Nam.

The Meeting will continue its session when it reconvenes at 10 a.m. tomorrow, Wednesday, 16 June.

* *** *

For information media • not an official record