Assembly calls for universal participation in Law of the Sea Convention.

The General Assembly on 5 December called upon all States that had not yet done so to become parties to the 1982 UN Convention on the Law of the Sea, in order to achieve the goal of universal participation. In resolution 50/23, adopted by a vote of 132 to 1 (Turkey), with 3 abstentions, the Assembly emphasized the importance of making adequate provision for the efficient functioning of the institutions established by the Convention.

In a statement to the Assembly, Satya N. Nandan of Fiji, President of the Meeting of the States Parties to the Convention on the Law of the Sea, underlined the outstanding achievements of the Convention and the universal support it had now secured. The Convention had set out new rules for the use of the oceans and the management of its resources and established a balance between competing interests, he added.

Many other speakers also described the Convention as one of the Organization's greatest achievements; however, some also raised issues regarding ongoing threats to the marine environment and the implementation of the Convention.

During the debate, a number of speakers raised the issue of recent nuclear tests undertaken in the South Pacific region. Razali Ismail of Malaysia said it was the international community's particular responsibility to guarantee that the legal regime that governed the law of the sea was not wrecked by unilateral and arbitrary action by any State. He was also concerned by reports of rusting nuclear warships, with nuclear reactors abandoned carelessly at their bases, and of nuclear submarines lost or scuttled at sea.

Jean-Michel Gaussot of France denied that his country's nuclear tests harmed the environment. The "harmlessness" of those tests had been confirmed by a group of Australian scientists, and the European Commission had recently concluded that they posed no threat to the population, he said.

Secretary-General's report

A 1 November report of the Secretary-General (A/50/713) provides a comprehensive overview of all developments in ocean affairs, with emphasis on those relating to the implementation of the Law of the Sea Convention and the conservation and management of living marine resources. It stated that since the Convention's entry into force in November 1994, 13 more States had deposited their instruments of ratification, accession or succession, bringing the total number of States parties to 81.

Regarding the activities of the International Seabed Authority, the report recalled that the Authority's Assembly had been charged with electing 36 members to the Council. Although substantial progress had been made within each group and among the various groups, and in spite of efforts by the Assembly President and others, it had not been possible to establish the Council by the end of the Assembly's first session. The Secretary-General of the Authority is to be elected from among the candidates proposed by the Council.

Crimes at sea

The report discusses efforts to strengthen national capabilities and international cooperation to deal with the growing incidence of crimes at sea--drug trafficking, smuggling of aliens, piracy and armed robbery. Inadequate flag State jurisdiction, weak maritime law enforcement capabilities, and other limitations on the interception capabilities of coastal States have all contributed to greater demands to strengthen further the international legal framework in these areas and to conclude more cooperative arrangements among States.

Environmental protection and conservation

Fisheries: According to statistics and projections of the Food and Agriculture Organization of the UN (FAO), world fish production increased again in 1995 due to aquaculture. If the ever increasing demand was to be met, aquacultural production would have to double in the next 15 years and greater use would have to be made of bycatches. FAO estimates that more than 69 per cent of the marine fisheries are threatened. A Code of Conduct for Responsible Fisheries, to support also the implementation of the Law of the Sea Convention, was completed in 1995, as was the new Agreement on straddling fish stocks and highly migratory fish stocks.

Marine environment: The Law of the Sea Convention is as much a strategic policy document as it is a treaty instrument, the Secretary-General's report stated. It encourages developments which are seen in the adoption of Chapter 17 of Agenda 21 and the 1995 Fisheries Agreement. Sound management, integrating coastal and marine resources, remained crucial. Further strengthening of national and international action was expected from the November 1995 Washington D.C. conference on protecting the marine environment from land-based activities, which targetted pollution from sewage, industrial waste-waters and organic pollutants. The report also drew particular attention to the need to strengthen international law and policy on the conservation of marine and coastal biodiversity.

The Secretary-General reported that the efforts of the International Maritime Organization (IMO) to improve safety and reduce pollution had appeared to be paying off. The rate of serious casualties was falling and the amount of oil and other pollutants entering the sea from ships had been decreasing dramatically. "But recently there has been a disturbing rise in accidents", the report stated. The IMO was greatly concerned that measures to date might not be enough to cope with problems that might become worse in the next few years. Major changes in approach might be needed, including changes in the overall approach to maritime safety.

1998--Year of the Ocean: The report also noted that the General Assembly had proclaimed 1998 to be the International Year of the Ocean. The Government of Portugal would devote Expo `98 in Lisbon entirely to ocean issues. The UN and the UN Educational, Scientific and Cultural Organization (UNESCO) would together lead a joint UN system participation in this world exposition.

Underwater cultural heritage

Technological advances now permit the recovery of archaelogical and historical objects from almost any ocean depth. The Convention deals with such objects only in general terms, and the Secretary-General's report points to the possible need for a new legal instrument to cover both removal and on-site protection. A 1995 study on the matter, prepared by UNESCO, will be examined by a governmental expert group in 1996.

Meeting of States parties

At a meeting held at Headquarters from 27 November to 1 December, the States parties to the Law of the Sea Convention postponed the election of members of the Commission on the Limits of the Continental Shelf until March 1997. The Convention stipulates that States parties wishing to establish limits to their continental shelf beyond 200 miles should provide the Commission with particulars of those limits, together with supporting scientific and technical data, within ten years of the Convention's entry into force for that State party.

The Commission, which is to consist of 21 experts in the fields of geology, geophysics or hydrography to serve in their personal capacities, would then compile the information and provide technical assistance to coastal States.

The meeting also revised the text of its draft protocol on the privileges and immunities of the International Tribunal for the Law of the Sea, to be set up in Hamburg, Germany. Upon completion, the text would be open for signature and ratification by all States.

Election of the 21 judges of the Tribunal, to be chosen from senior lawyers, diplomats and professors with particular expertise in the law of the sea, would take place on 1 August 1996.