A/45/PV.64 General Assembly

I should like to propose that the list of speakers in the debate on this item be closed today at 12 noon. It was so decided. 1he PRESIDENT: I therefore request those representatives wishing to participate in the debate to inscribe their names on the list of speakers as soon as possible. I call on the representative of Cape Verde, who, in his capacity as Chairman of the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea, wishes to introduce the draft resolution in the course of his stateme~t. Mr. JESUS (Cape Verde), Chairman of the Preparatory Commission for the International Se&-Bed Authority and for the International Tribun~l for the Law of the Sea: In this era of renewed interest in global issues and increasing public awareness of the need to find collective and consensual answers, the law of the sea seems to be one of these global issues that deserve our attention. Some of us would probably argue that the law of the sea has had its day as an issue. It is a fact that for many years it galvanized the world's.sttention and mobilized a vast diplomatic effort by the community of nations in one of the most comprehensive negotiating processes ever held. The Law of the Sea Convention that emerged from those negotiations was the first serious attempt to find agreed principles, rules and norms applicable to one global issues - in this case the use of the oceans and their resources. Although the adoption of the Convention seems to have ended an important, if not the most important, ehBpter in the search for universal agreement On global issues, lingering problems iDherit9d from the Third United Nations Conference on the Law of the Sea have ever since been a destabilialng factor in the process of full and universal acceptance of the Convention. Hence there is a need once again to redirect our attention to the law of the sea, in order to preserve the historical achievements embodied in the Convention. Howhere else is this naed more felt than in the Preparatory Commission for the International Sea-Sed Authority snd for the International Tribunal for the Low of the Sea. These lingering problems have tremendously affected the the work of the Preparatory Commission and to a certain extent have delayed the successful conclusion of its work, for they lie at the heart of the Commission's mandate. As I have mentioned elsewhere, "the successful implementation of the Commission's mandate can only be possible if we are able to find a solution for the existing problems of the Convention's sea-bed regime." I am encouraged, however, by the fact that the Preparatory Commission has provided us with a forum where participating States can meet and exch~ge views and develop creative ideas that might in the end assist in the solution of all existing problems. The history of the negotiations in the Preparatory Commission has produced encouraging results that illustrate its flexible approach in dealing with its difficult agenda. I am Bure that if allowed to rUD its own course, end if properly assisted, the Commission will be able to addreSS all outstanding issues with a view (Mr. Jesus, ChairmaD, Preparatory COmmission for the Interpational Sea-BAd Authority and for the Internatiopal Tribunal for the Law of the Sea) to finding a solution aimed at universal participation in thl Convlntion. Any hllp in thi~ respect can only reinforce the Commission's potential. In this contezt, the Secretary-Genlral's ongoing ,fforts to asslst in the promotioD of dialogue towards universal participation In the Convlntion can be slln as a positive development if, and only if - a8 ODe might oxpect from the nature of the role of the Secretary-General - such assistance is to strengthln the CommissioD in carrying out its mandate. As Chairman of the Commission, I c6rtainly would not welcome any assistance whosl end re~ult, deliberately or DOt, would be to weaken, or amount to a replacement of, the Co.-ission's legitimate mandatl. It ls against this background that I have associated myself with those efforts. (Mr. JeSUI, Chairman, Preparatory CommlnaioD for th, Igt.rpation,l SIA-B'd Authority Dnd for tbe Intergational Tribunal for the Law of the SIa) I believe that once we are able to concentrate our efforts in a united approach - a goal that I hope we shall be able to reach - we will find ways that will lead to a final solution to the outstanding issues. The painstaking efforts of the Preparatory Commission to overcome difficulties as it. tries to implement its mandate, and the emergence of creative ideas in the attempt to address outstanding ~ problems, augur well for a successful outcome. We should therefore seize this opportunity and take the necessary steps to that end. I now have the honour to introduce draft resolution A/45/L.29 on behalf of its original sponsors: Australia, Austria, Barbados, the Byelorussian Soviet Socialist Republic, Cameroon, Canada, Chile, China, Denmark, Fiji, Finland, Indonesia, Ireland, Jamaiea, ~enya, Malta, Mauritania, Mexico, Myanmar, the Netherlands, New Zealand, Nigeria, Norway, oman, the Philippines, Portugal, Senegal, Sierra Leone, Singapore, Solomon Islanda, Sri Lanka, SWQden, Thailand, Togo, Trinidad and Tobago, the Ukrainian Sovie~ Socialist Republic, the United Republic of Tanzania, Uruguay, Zambia and my own country, Cape Verde. The following countries hav~ also become sponsors: Bahamas, Cyprus, Iceland, Paraguay, Samoa and Papua New Guinea. As in the case of draft resolutions under this agenda item in the past, the draft resolution is the end product of comprehensive consultations among interested delegations and its text is an effort to reflect all the views expressed during those consultations. The six-page draft resolution bears testimony to this fact. Members are familia~ with the majority of its paragraphs since year after year they have been part of the resolutions on the law of the sea adopted by the Assembly. I shall therefore save the Assembly's time by refraining from stating what members well know and merely emphasize the new ~gditions that have been introduced into the (Mr. Jesus, Chairman, Preparatory Commission for the International Sea-Bed Authority and for the International TribunAi for the Law Of the Sea) draft resolution this year. Apart from the usual technical update, therG are the following new provisions, to which I should like to draw the Assembly's attention~ In the eleventh preambular paragraph the Assembly would take note of the submission to the Preparatory Commission of an application by the Government of China on behalf of the China Ocean Mineral Resources Research and Development Association for registration as a pioneer investor under resolution 11. I understand that the Group of Experts is now meeting to consider the application, and it is our hope that we shall be able to register China as the fifth registered pioneer investor at the next meeting of the P~eparatory Commission. In the sixteenth preambular paragraph the Assembly would note with appreciation the initiative of the Secretary-General to promote dialogu~ aimed at achieving universal participation in the Convention. In the twentieth preambular paragraph it would recall that States bave a duty to take, or co-operate with other States in taking, such measures for their nationals as may be necessary for. the conservation of the living resources of the hiqh seas. In operative paraqraph 8 the Assembly would note with satisfaction the Understanding, adopted by the Preparatory Commission on 30 August 1990, on the fulfilment of obliqations by the reqistered pioneer investors and their certifyinq States. In paraqraph 11 it would welcome regional efforts by developing countries to integrate the ocean sector in national development plans and programmes throuqh the process of international co-operation and assistance, in particular the recent initiatives mentioned in the report of the Secretary-General • (Mr. Jesus. Chairmap. Propatat0[Y Commissiop for th' International Sea-Bed Authority and for the International Tribunal for the Law 2f the Sea) Paragrapb 14 bas b.en r.draft.d by addiRg, aftor the pbras. "requ.'t' th. competent InternatioRal orC'Julllat!ons" the espression "including the Unit.d Nations Development Programme, the World Bank and other multilateral funding agenci.s". Paragraph 15 bas also been redrafted, and in it the As,embly would welcome tbe report of the Secretary-General submitted pursuant to paragrapb 13 of last year's reselution and request tbe Secretary-General to transmit that report to all Ne~r States and competent international organiaationm for their reviev and comment. On behalf of the sponsors, I submit draft resolutioa A/45/L.29 to members for consideration and, I bope, th. support of th. Assembly. Mr. BA'DNO (Japan): First, I sbould Uke to espress my d.l19ation.', sincere gratitude to th. Secretary-Gen.ral and bis Sp.cial R.presentatlve fo~ the Law of the Sea, Mr. Satya Handan, for their efforts in producing valuable bulletins, studies and reports in accordance with relevant Unitod Nations resolutions. I am also pleased to have this opportunity to pay a special tribute to the Chairman of the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal (or the Lav of the Sea, Ambassador Jose Luis Jesus, for his outstanding leadership in gui~iDg the work of the Commission. Significant progress vas made this year at the summer 80ssion of the Preparatory Commission. I should like to mention two areas in particular in which progress was achieved. First, ~Ae Commission reached an Understanding'on the problem of fulfilment of the obligations of pioneer investors. This is important as a first step towards ensuring that the deep-sea-bed mining regime i~ adjusting to changing (Hr. J.'ns. Chairmag. Preparatory CAlml••ipp fpr the Ipt.rpatippal S.a-B.d Authority and for the Ipt.rpatioRal Tribygal fpr the Law of tb. S.a) circu..tanc... Tb. Under.taadiag v•• achi.ved thank. 1.r981~ to the dedic.t.d effort. of Mr. J••u. &Dd Mr. Hand.. and to the .pirit of co-oper.tion and cospro.ise de~n.trat.d by the countri•• conc.rned. Secondly, the Pr.pa~atorr Cc..l••ioD r.ceived an appllcatloD, aubsltted by the Peopl.'s R.public of China on behalf of th. China OC_3D Min.ral •••ourc•• a••••rch and Dev.lo~nt A8.ociatioD, for regi.tration a. • pion.er ID~.tor UDd.r re.olution 11. Tbe Group of Izperta will ....la. thia .ppllc.tlon in .ccordaDco with the agre.d procedur•• and r.port OD it at th••priag ••••10n neat y.ar of the Preparatory Comnl••ioD. Japan,itcelf a regi~t.r.d pione.r lave.tor, velcc.e. thi. application fro. the viewpoint of enha5cing the univer8aJlty of the ••a-bad-alning re91~ of the Convention OD the Law of the S.a. The progre.. in the•• area. ia iDde~d encouraglaq and I ea confid.nt that it wIll contribute to r~vltal1.ing the Pr0p,ratory COaNl~.lon. Japan velc~. the S.cr.tary-GeDeral'. initiative to .nlur. the uaiv.r••lity of the Conventioa on th. Law of the saa. J .xpect that the dialogue, •• initiat.d by th. secretary-G.Deral, will r••ult in f~rthor progr... toward, the goal of uaiver.ality. In thi. r••pect, ., delogation appreciat.. the .tat...nt ..d. by the Cbai~ of the Group of 77 duri89 the .~r ••••10n of the Preparatory C~is.ion last y.ar. Japan i. of the view that .fforts should begin a. soon .s po.sible to id.ntify any probl... r.latlDg to part XI of the Convention. For ita part, Japan i. r.ady to contribute to th••e effort. to the be.t of its ability. Ne hope that .ach of the countri•• conce~~ed will maintain it. laudable spirit of co-operation and coaproaise, and likewise endeavour to promote this dialogue. Ht. ILtCIlllO (Ukrainian Soviet Socialist Republic) (interpretation from Ruslian)I The work of the forty-fifth ••••i~D of the United Ration. General As.eMbly co... at the clo.. of a year mark.d by the end of lA epoch of confrontation and the op.ning of a ne. vave tovards the future. P,restroika in the Soviet Union ~nd in the Ukraine, the epoch-making events taking place in Bastern Burope and the reunificatlon of Ge~y have Dot only put aD end to the post~var division of thQ !urope.. continent but have also done avay vith the cold var and ~11ov.d mankind peacefully to turn • page in the book of world history and open up a Dev chapter which, we hope, vill become a time of stability and prosperity. Although in certain regions there are still some embers of tension, mankind, vith increa.ed ~onfidence now, ia looking towards the twenty-first century. These positive changes, ohjectively and ~uickly, are turning the United .ations into a CGDtre for concerted joint actioD by State. playing a decisive role In the maintenaDce of ict.rnltional .ecurity, the peaceful .ettlement of di.pute., and the development of peaceful ~o-operation• (Mr. "tIDo, JaR") ~ key role iD the mainteDlDcft of peace and rule of law in the world's oceans is still played by the United Rations ConveDtion OD the Law of the Soa. In the present favourable interDatioDal conditions. it is becoming an even more effective way for ensurinq a stable and lIIound use and d8velopaMtnt of the oceus and their resources and for co-operation BmODq States in the study. protection and maintenance of ~~e marine environment. As we see from the Secretary-General's report (A/45/72l). entitled "Law of the Sea". "There has been an unprecedented focus in discussions ia many interqov~rnmental bodies and elsewhere (pora.~) ••• in improvinq the role aDd effectiveness of InterDational environmental law (para. 3) •••• particularly in preparations for the 1992 United Nations Conference on Bnvironment and Development (para. 4) ...... to be held in BradUa. In this connection the following conclusion. contained in paragraph 5 of the report. illl Important: "Its [the Convention~s] environmental provisions establish a framevork of qeneral principles and rules within which the relevant global and reqlonal instruments should be viewed." However. not only those provisions of the Convention are important for the upcomin9 Conference. The Preparatory Committee - the first session of which was held in Nairobi in AUCJUst this year - talked about the need for recommendations for action in ·,.;1;'9aS sueh as "The effectiveness of existing international institutions.. the effectiveness and status of implementation of existinq legal instruments and the identification within appropriate iorums of qaps in existinq mechaDisms for the protection, n,tional use and development of UviDq marine resources, (Mr. Bltch'D'O, OkraiDiap SSI) includiDg the 11viag r••ources of the high ••a., taking iDtO accoUDt the re.ult. of the ••• Third United .ations CODference OD the La. of the Se.". (A/.5/.', ». 37) Thi. shows that th~ upcom!ng CODterence will concentrate not ODly OD the atats of the ecology of the world'. oceans and strategie. for protecting the marino environment but also OD the bread spectrum of activities in the use of coastal areas aDd mariae zone., aa well as OD mnoy other questions govGraed by the convention on the Law of the Sea~ ~D order to me~t all these D~8d., it would ~ a 900~ idea to u.e the exiating knowledge, experleDce aad iDfo~at!un base ava11able to the Secretary-General, through Mr. Nandan of the United Nations Office fer Ocean Affairs aDd the Law of the Soa, as meDtl~ _od by tbe Committee. There la a need to evaluate the proposals regarding the further development of scieotific, technical and finaDcial co-operation In order t~ protect the marine enVirODmeDt from any pollution from land-based aourc.s. The report produced by that Office OD the protectioD and preservatioD of the marine eDviroDme~t i. being actively used by the Committee iD its wor.k. Saving meDtloDe4 the problem of protee~ion of the marlne eDv!ro~Dt frOM poll~tioD from land-bas.d sourc••, .e must note the reluctance .hOWD by ~aay Stat.s wheD att.mpting to d.velGI~ any binding international Borms and standards, to preveDt that kiDd of pollution. Tbls moat often occurs ID vcrking out internati~ual legislation relatiB9 to certain regions. In this. conae~tioD, I should lite to strees that article 192 of the United Rations ConvontioA OD the Law of the Sea establishes that States have the obligation to protect and preserve the marine enviroument, and article 194 deals with measures to prevent, reduce and control pollution of the marine envirocment frOM any source. (Hr. .ltch'Dkg, Ukralpiap SSR) OD EnYiro~at aa4 Devel~,..at. it .bould be .-de cl••r that there la • Dead to ••tabli.h pr10ritl•• b.r.. aa4 al.o to fill aa, laCUAae that ..1at betv..o the g.neral juridical ao~ aDd tba .paclfic ....ur. to ~l...at It. Tb. acute .war.a... la our '.public of eav!roa.eat.l probl... ... obYl~ualr brought about by the Cb.raobyl trDCJedy. At the beg11Ullag of ., .t.teMat I ..aUo_d the c.l'di...l cbaDge. that have takea place la Ba.t.ra Europ. this ".1'. !be dat. 16 JUl, of thl. ,..1' ... particularly i~rtant for th. Ukraine. OD that day tbo P.l'li...at of our ••public .dopted a DeclaraUoa Gf State Sover.lgnty of the Ukr.l.... ID that doc_at. wbieb i. hi.toric for tho Ukrainlaa peopl.. there i. • .pecial chapt.r OD .cological .Qcurlty. Tbe R.p~lic 1. d.to~iD8d to take pr.ctic.l ....ur•• to protect our eDviroUMeat. Tbi. will relat. to rivers flovi»g into ~ Black .... the Bl.ck Se. coast. aad al.o the work of eaterpri••• whicb thr••toa ecological ••f.ty. ID accordaaco with the Declaratioa of S~.t. Sovereignty of the Ukr.iDeI "Tbe laad aad ita re.ource.. the air .p.c.. the ..rla8 aDd other Datura1 r.Bou~ce. ~icb aro vithiD the territory of the Ukr.iaian SSI. the Datural re.ourca. of it. contiaeatal .belt. &Dd the .zclu.lve .coae-!c .0De. .re the prQ~~ty of its pe~ple aad the material b.~i. of the eover.ignt, of the Republic. aad .hall be u••d iD order to eD.ur8 the ..tar1.1 aDd .piritual To put the.. prov1.10a. lato practic., the Ukr.ine i.teAda to work out ea appropri.t. legal regi... for ita ecOJlOll!c sou aDd the cODtiMut.l abelf, aDd to deli.lt .arlao epaee with aelgbbouri89 St.te.. ~ .tato of tha ecology of the Black Sea baala require. deci.iv...a.ure~ ~ .11 co••tal St.t••, aDd al.o b7 Stat•• througb wbich th. DaaubfJ pa••••, 0_ of the ••t u.portut dver. of Europe. (Mr. 11&c:bePM. Dral.'. CII) la l'aa1J.a1Gg ita .cveralpty. tM t'lkralu lD"~ to take a fr8slt looi! at the IDtarDatloa81 legal act. to ¥bleb it i•• p.rt,. It will ba.. ItG.lf OD Cbe pl'laclpl. cODt.i••d la the D8clar.tloa OD Iover.!ptr .ccord!aq to wblcb ~ pdodtr of lat.raatloul law over DO.... of ....t1c law. of the ••t 1tIportut u ••ti•• of our ..,.. a ckarul' of the ••••• witbout whlcb ,....A'I It. DeW .tat.bood, the Ukraloe will work .ar••aertetlcal1y to .ajor the po••ibilltl•• coat.loed la that doc~at. l.cludlag ••a-bed _tnint. A .19DlfleaDt portloa of the ..riDe t.chaologr uled by the al1-UDloD UDlt Yu.b801'~01091. la it. work OD the USS.·••it. la the ,.cific OCa. wa. dav.loped aDd la .tUl belDCJ vol'kad OD by .~la.ti.t. aDd apeci.lilt. fra- the Okl'.iaiu citi.. of Daapropetrov.k. Dout.t aad .!kol_v, for ••upla. ID the Okral_ tbora la &1.0 the ..c••••ry poteatlal aad t.cbDoloqy for proce••log poly-..talllc oodul... The Okr.l_ ba. a good pot••ti.l i. the n.lcl of oCGuogr.phy...doe 980109'1. _sA g.ophy.le.. !be .ci••tifle inatitutloD' la our .~publlc .~e c.rrrl~ out .pecl.li.ed r••••rch OD • whol. ..ri.. of question. relatlDg to the oC.... aDd their ~••oure•• ead to -etaorology. a. well •• OD curra.t ,robl... coac.ralaq the inter.ction of ocaaD' aD4 the .t.o.pber.. eliD5t!c chaDga., ..d .0 ca. Tb.ref~re we share the c~nclu.ion contained in the Secr~tary-General'sraport (A/45/S63) on ~rine scientific r.search, in particular the conclusion that the international cO~UDity is now facing a growing challenqe of better husbandiog the oceans and their resources, and that this require. the universal strengthening of marine scientific research In all it. fields. Since the proble•• aud feature. of oceans Ar. baaieally interUnted and there Al'e no national border., we beUeve thet the.' problem. .ho~ld be re.olved by joint effort. by State. and approprl~t. international orgcoiaation•• In the Secretary-Gln'tral·. report there i. a very inforaatlve review of the progress aade in scientific work connected with the marine envlroDmlnt and the r••earch in.trU8ent. u.ed in that work. He .hare the view that marinl scientific reseArch i. of key iaportance in working out solution. to problem. of protecting the mArine .nviroDMant and ecology in general. As has ~en noted in other statements, the Office for Ocean Affairs and the Law of the SeA prepared not one report OD this Agenda ite., as in the pa.t, but four reporta, which shovs that there is enormous potential here, aa well a. a high degree of professionali•• in the Office. It i. ready to make a concrete and very VAluable contribution towards ensuring UDiform use of the Convention and info~lD9 the internationAl community about the urgent t8~kft connected with the marine environment. The reports shed light on the work of the entire United Rations system on guestions of developing the world's oceans. In particular we note the report (A/4S/712) on the needs of States in regard to development and management of ocean resources. This indicate. nearly all the basic 11nes on which the work of the United Rations should develop in CArrying out tbe programme of co-operation .et out in the Convention to provide assistance to the developing countries. Baviug become (Hr. IItch,n'o. vtrAiniADjSSi) aware of the general nee4s of these countries~ the Or9ani.atlo~ should direct its efforts towards more concrete measures to enable these naeds to be met, by comb!ni~g the efforts of individual States. The Ukrainian SSR is taking an a~tive part in the work of the P[~paratory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea. We note rlth satisfaction that this year there was an eztansive ana constructive ezchange of views in the Commission on a whole range of p[oble~~ connected with the establishment of a practical basis for the future international system for developing sea-bed mineral resources. Thanks to the joint efforts of the participants in the talks, en agreement wa~ finally reached according to which the registered Investors an~ their certifyin9 States would ..et their obligations. The solution of this problem should enable ~mber. of the Commission to make greater efforts to reach a cODpromiso on other questions on its agenda. During the discussioD on the law of the s.a at the last ••s.ion of the General Assembly. many delegations, including the delegation of the Ukrainian Soviet Socialist Republic, supported the Idea of holding informal consultations on s.curing univermal aCCEssion to the Convention. On the initiative of the secretary-General, this idea was put into practice, and this year there havs been two round. of consultations. The Ukrainian SSR believes these consultations to be very useful, for tho following reaSODS. The process of ratification of the convention is continuing. Only 15 ratifications are still needed for it tc antsr Into force. Already 45 documants of ratification have beeD deposited. If the Convention eatered into force without universal accesaloD, this would inevitably lead to a variety of interpretations of the provisioDS by individual countriea, groups of countries and, possibly, whole r8qiono. Differences in Dfttional laws and arbitrary inte~pretat!on. of the Convention's norms could lead to an erosion of th6 international law and order established by the Convention. Thus, the many years of effort by the international community to work out the Convention would be wasted. The delegation of the Ukrainian SSR would like to draw the attention of participants in the consultations to the following. There is in the Convention a whole set of quantitative and percentage indicators wh~ch, only six years after the document waa signed, seem to be obsolete, or do not take into account new economic realities. This problem can hardly be eliminated simply by replacing one set of figures by another. Quite probably, in a few years' time, the latter would also be out of date. We think it would b9 better to envisage some kind of legal mechanism that would correct the economic. and financial provisions of the Convention in accordance with changes in the trends of development of the world economy, prices on the metals market, and so on. This would make possible a balance of interests and would encourage potential miners of marine minerals to carry out active work in this area. The inclusion of such a machanism would make the Convention a mere dynamic instrument for the development of international co-operation. We express the hope that at the next stage of the consultations there will be adequftte representaUon of Bastern European States. The Ukrainian SSR is a sponsor of the draft resolution before the ASSEmbly. The new elements in it wIll assist in the establishment of co-operaticn in implementing the provisions of the Convention. We are in favour of the draft resolution being adopted by consensus. Mr. HAJNQCZl (Austria): The Austrian delegation is pleased to have the opportunity once again to make a modest contribution to the debate on the highly important question of the law of the sea. First of all, I wish to express our gratitUde to the Office for Ocean Affairs and the Law of the Sea, and in particualr to the Special Representative of the Secretary-General for the Law of the Sea, Under-Secretary-General Satya Mandan. (Mr, Eltchenko, Ukrainian SSR) Austriae 3S a land-locted Gountry, th••• sub.tantial docu.ent. :onatitut. Dot only a necessary source of compreh.n.iv. inforaation but al.o a highly valuable contribution to the ongoing discus.ion. in general, a. ..11 a. to the pr•••nt deliberations. Tb. 1982 United Nations Convention on the Law of the Se. ha. over the p••t eight years alr..tady proved its great value. Thla la illu.trat.d by thil fact that a number of ita rules may already be consldor.d to have beee-e part of cuatoaary international law. In the framewort of the Preparatory Co.-is.ion for the Int.rn.tioDal S.a-Bed Authority aDd for the International Tribunal for the La" of the S••, gr.at .fforts have been made to resolve the probl••s relating to pion••r investor.. Au.tr!a very much velcomes China'. declarod intention to regi.ter a. a pione.r inve.tor. Hr delegation is also pleased to Dote the Understanding betwe.n the four pion••r investors and the Group of 77, of Augu.t this ye.r, cOllc.rniag the obligation. of pioD••r inve.tore 0 Austria 18 convinc.d that .pproval of thi. Und.r.tan41Dg constitutes a great step forward in the Pr.p.r.tory CaBai••loll'. aegotiation.. It might also contribute towards r.solving still OpeD qu••tiona r.l.tiDg to p.rt XI of the·Conv.ntion. Th. r••olution of th••• probl... M.... to be an ••••nti.l pre-condition of a universal acceptance of the Convention. Aa already stated by this d.leg.tion laat ,.ar, Austri. not•• with gr••t concern th.t national legislation do.. not .lway. CODfoEa to the Unit.a ••tion. Convention 011 the L.w of the Sea. Thi. May di.turb the delic.t. equilibrium which has been established by the various provisions of the Convention ADd which h•• served .s • basi. for its videspr.ad acc.ptaace, igclu4iDg .cc.ptance b7 land-locted and geographic.lly disadvantaged St.t••• (Hr, "'ROGli, ABltria) The fact that SP1Mt States, "hUe benefiting frOlft the achievements of the Convention, do Dot aee. to be 8ufficiently prepared a180 to accept the duti88 deriving from it "ith regard to both marine pollution and protection of the marine environment is certainly deplorable. (Mr. 'Iipocsi, Aystria) Austria therefore holds the view that, once the Convention has entered into force, there will be a need not only for resort to dl~pute-settl.mentmechanisms already provided for therein, but also for the further development of general rules of international law relating to liability. We also believe that further studies should be made on the potentially disadvantageous consequences, for the marine environment, of the exploitation of marine resources. Our effort must be directed towards ensuring a feasible, universally acceptable system of deep-sea-bed mining which would truly put in~o practice the principle of the common heritage of mankind by providing benefits for all member~ of the international community and, in particular, for the least developed and land-locked arnonq the developing countries. The Preparatory Commission for the International Ssa-Bed Autnority and for the International Tribunal for the Law of the Sea, in having resolved many difficult issues, has established a solid basis for further developments in this direction. The Austrian delegation therefore wishes to thank the Chairman of the Connission, Ambassador Jose Jesus, for his continued outstanding contributioDB t~ the Commission's work. In conClusion, I wish to assure you, Sir, that Austria is ready to contribute substantially to the full realization of a just and equitable, as veIl as universally accepted, legal order of the sea~. Mr. WISNUMQRTI (Indonesia): At the outsot, let me express my delegation's deep appreciation to the Special Representative of the Secretary-General, Under-Secretary-General Satya N. Nandan, for tho preparation of the lucid and comprehensive reports before us in documents A/45/Sb3, concerning marine scientific reseatch, and A/4S/721, concerning the law of the aea. These reports constitute an invaluable source of information and provide us with a firm basis for our important deliberations at this session. (Mr. Bajnocli, Austria) As an archipelagic State, Indonesia attaches great importance to the 1982 convention on the Law of the Sea. The Convention constitutes a milestone in the human endeavour to create a new order of the ocean which would take into account different interests in the use of the sea, whether strategic, political or economic. Enshrined in its preamble was a recognition of the need to establish a legal order for the oceans and seas to facilitate international communications, promote peaceful uses of the oceans and seas, ensure equitable utilization and conservation of its resources and protection and preservation of the marine environment. The Convention stands out as ODe of the major accomplishments of the efforts of the international comnlunity tower-ds the codification and progressive development of international law. It provides a comprehensive global framework of ocean management by updating ezlsting laws and formulating new and innovative concepts governiDg the rights and duties of States relating to different uses of the sea. Pursuant to General Assembly resolution 44/26 of 20 November 1989, the Secretary-General prepared a report based on a study on marine scientific research. It clearly reflects the widespread concerns of the global community, e~pecially in the light of the many marine activities that may adversely affect the Earth's environment. In view of the increase in the demand for marine-related products, we consider it essential that urgent attention be paid to the future utilization of marine resources and its impact on the environment. In this regard, my delegation welcomes those recommendatians in the report that stress the need to ensure concerted Dction by States and international co-ordination omong organizations concerned in environmental issues, including the conservation of all living and nOD-living resources. The increased realiaation of the potential of the oceans for economic beD.fit encourages both developing and developed countries to focus and strenqthen th~lr national research and durvey capabilities. Developed countries can assist in technical training and advice on the infrastructure and co-operative research programmes. If benefits are to he derived from tbe oceans, it is important that they be carried out within the global legal framework set forth in the 1982 Convantion on the Law of the Sea. In this connoction, urgent priority must b~ 9i~en to its implementation to provide a uniform basis for national, regional and global agreements concerning scientific investigations of ocean resources. In order to ensure universal adherence to the 1982 Convention on the Law of the Sea, we just join in a common endeavour to search for flexible and pragmatic solutions to those difficulties that impede UDiv~r8al acceptance of thie landmark instrument, while, at the same time, we contiaue to respect, preserve and protect the integrity of the Convention. Draft resolution A/49/L.Z9 now before us represents a positive step forward. We hope that the improved political climate will be conducive to a reassessment of divi~ive issues and thereby forge closer bonds of mutual understanding botween developed and developing countries to provide an orderly management of ocean resources. Towards this end, w. welc~me the Secretary-Generales proposal for the holding of informal talks with a view to achieving the participation of all States. Instrumental in the preparation for the implementation of the 1982 Convention on the Law of the Sea is the valuable work dODe by the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea and the progress made by it. For the past eight years, the Preparatory Commission has worked tlrelesaly to carry out its mandate by draftlwq rules and regUlations for the proper implementation of the regime est&b~ish.d by the Convention. Important progress vas made by the Prepar&tory CommisBion at its (Mr. W!gQUmurti, Indontsia) lummer meet.ing last year when the Commission adopt&d the Understanding on the Fulfilment of Obligations by the Registered Pioneer Investore aad tb~ir Cort!fying States aa a part of the implementation of r.~olution 11 of th~ Tbird United Rations Conference on the Law of the Sea. Progress has also been mad~ in regard to other parts of the Preparatory Commission's mandate, including the preparatioD of draft agreements, rules, regulatio~8 and procedures for the International Sea-Bed Authority aDd the preparation of studies and reco~ndations to th~ Authority on the problems that would be eDcount~red by developing land-based produeer Statea from deep sea-bed mineral production. Allow me in this regard to cODDend tbe Chairman of the Preparatory Commission, Ambassador Jesus of Cape Verde, for hi. contribution to the work of the Commis.ion. Our common goal is that real dialogue, co-oporaticn aod interaction between all !nterseted perti•• will ultimately haaten the effective entry into force of nev international legislation for the uaes of the .ea and its reaourc.s. Equally important is the need for States to introduce the provisions ef the Convention into their respective national leqislatlons inor4er to ensure unifOrMity and aafequard its character. According to the Socretary-OeDoral's report, even before its entry into force the Convention has achieved a reasrkable degr.e of eonfo~ity with State practice, particularly in respect of the exercise of sovereignty over the territorial a.a and sovereign rights in the ZOO-nautical-mile exclusive ecoDomic sone. Bfforts to harmonise national 1&V8 in Indonesia were vell under way even before our Government ratified the Convention on 31 December 1985. We have successfully concluded maritime boundary agreements with cur neighbouring countries. Aside from establishing new laws, th~re has been a steady revision of ezisting laws and regulations to bring them into conformity with the new international law. (Mr. Wilnymurtl, IpdoBlAlA) Wo note the many activities pursuea by the Office for Ocean Affalra and the Law of the Sea, as mentioned in the Secretary-General's report on the law ef the sea. Its programmes of advice and assistance to Governments and intergovernmental organisations in cODDect!OD with the overall deve10plnent of national 1egis1ati,on of Member States in the marine field within the framework of the Convention are to be commanded. Furthermore, its provision to individual member countries of assistance by way of a detailed analysis of the implications of ratifying the Convention, taking into account their dOmQstic laws, is particularly important to this process. In this conteat, we welcome the substantial contribution made by the Office in p~epar!n9 documentation and undertaking studies fo~ meetings of governmental, con-governmental aDd intergovernmental bodies, even those outside the United Nations, such as the Info~ation Workshop of the Indian Ocean Marine Affairs Co-operation (IONAC) ~~ the fourth Meeting of IONAC Legal Experts, held recently in Jakarta. Tbese workshops, seminars 3Dd training and fe1lo~ship programmes and pub1icationo provide us with a wealth of useful infor~atioD to promote co-operation in areas of common interest and to help us adopt a uniform approach. The Office has also continued to lend advice in clarifying the various rights and dutios of nations as they relate to the Convention. Finally, I should like to mention that Indonesia takes great pleesure in co-sponsoring the draft resolution contained in document A/45/L.29 on the law of the sea. Thie draft re.olutien, whicb is the result of our concerted efforts and intensive negotiations, reflects the continued commitment of Member States to the ideals and principles embodied in the 1982 Convention on the Law of the Sea, now ratifle4 by 45 nations. It is now more impe~atlve than ever before that we urge Member States that have not done so to ratify the Convention and al1ew it to enter into force, so that the g061 the drafters had in mind can be attained - that is, a comprehenuive legal regime strengthening the rule of law OD the seas and oceans. Mr. PENNANEACR (Togo) (interpretation from French): The adoption of the United Nations Convention on the Law of the Sea was a respon~e to tbe need perceived by the international community to put an end to the growing disorder in the exploitation of the oceans. That exploitation has been made p03sible bYn in particular, the development of transport and communications technology, and necessary by the ever-greater need to use marine resources to meet humanity's needs. By signing and ratifying the Convention very early on, my country expressed its conviction that this text, prepared during 15 years of intensive negotiations by the international community as a whole, under the auspices of the United Nations, is a global legal instrument that takes into account the diverse interests of all States in the use and exploitation of ocean re~ourceso The interest shown by States in the Convention, even boforG its ent~y into forc~, confirms that t. \ conviction. To date, in fact~ the United Nations Convention on the Law of the Sea has received 159 signatures, and 44 instruments of ratification bave been deposited out of the 60 necessary for its entry into forcel 126 States have already adopted national legislation on territorial waters in accordance with its provisions I and 79 States have established a 200-mile economic zone Gnd another 16 claim a 200-mile fishinq zone. In my delegation's viaw, because of its positive i~fluence on State practice the Convention is already en essential factor in the mainten&Dce o~ legal order on the seas and oceans. But it goes without saying that the Convention Cafi meet the real aspiration that inspired it - to establish an equitable &Dd fair legal basis for the use of the oceans by all the members of the international community for the benefit of mankind - only 1f it becomes a mandatory and universally binding instrument in its entirety• Tb'3 Atlantic Ocean is on. of the .eas thatnourish.s ay country. It will thus be understood why we fervently hope that the United Hations Convention on the Law of the Sea will ent.rinto force in the no~-too-di.tant future for all the States of the intornatioDal community. As drafted, it truly tak•• into account the interests of Stat.. in their diver•• g.ographical situations, .conomic and social structures and level. of dev.lopment. In that respect~ the very us.ful contributions of the Office for Ocean Affairs and the Law of the Sea of the Unit.d Rations Secretariat and of the Preparatory Co~ission of the Int.l'national Sea-Be4 Authority and the Int~rnational Tribunal for the Law of the Sea deserve special mention. In hia aDDual r.ports on the law of the s.a, the Secretary-General of the United HatioD. giv.s uc wis. ADd increasingly precise indicatiQns as to how the CODventlon should w irapl....nt.d in its entirety. Raving r8ad with great intereat all this peal". rsport., i~sQ.4 aa doeument. A/4S/S63, A/4S/712 and Al4S/721, ay delegation hae noted that the Office for Ocean Affair. ham pur.u~d its activities and .vln a.t.nded the. to all sph.r•• of ocean affairs. The T09'0le.8 authoriti.s, which al" in the proc.ss of bringiDg' our national legislatioD and ~egulatioDs into linl with the provision. of the Convention, are perticularly interested in the publications 4ealin9 with State practice and iD tbe periodical bulletins, a. well as in the ..etings organized for the Bzperts from the States of the Zone of Peace and Co-opsration of the South Atlantic. I should like once again, on behalf of ay GoverlWllnt, to e.pre•• tAy deepest gratitude to the Offi~e for OClaD Affairs and the Law of the Sea, and esp.cially to the Special lepre.entative of the Secretary-Geaeral for the law of tbe sea, for preparing these reports and meetings. (Mr. PttllDapeacb, Togo) Some d.l.gations clal. that iD th' g.n,ral cont,xt of tbt law of s.. the They even consid'r as illusory the id.aa put forward duriDg tb. Degotiation. on the Convention to the .ff.ct that s.a-btd .ini89 could begin soon aDd could b8 commercially profitable. Th.s. d.legations furth.r recall that, it a ~oDsld.rable number of States are not signatori.s to the Conv.ntion, it is becau.e goae of tb. provisions in part XI of the Conv.ntion vert draft.d 10 y.ars ago and,a. a result, are ina~prQpriate to curr.nt qlobal ecoDQ.i~ conditions and th.r.for. ob.truct economically appropriate exploitation of the .iDe~al re.oure•• of the s.a-btu. Clearly it is not the intention of my d.l.gation to [.'.ct thtSG positions, whos. purpose is DO~ ~o call into qu.stion the .stablish.d principle that the r.soure.s of the zon. are the common heritage of .antind but, rath.r, to higbli~ht th. r.al probl.ms that li. in the way of .xploitation of th~ son. and of univ.rsal participation in the Conv.ntion. But CaD it be argued that th.se are iDsolubl. probl••• that would doe. thi. Conv.ntion to the status of a beautiful but unfini8h.d .nd.avour? Should.. rUD the risk of allowing in the oc.ans onc. again the 4isord.r that characteris.d the law of the sea and led to the .:onv.nbg of the Third Unit.a .ations Conf.r.nc. on the Law of the S.a and the drafting of this Conv.nUon In the fOEII of a "pack8g." text composed of co~romi8es acc.pt.d by cODs.nsua? On the contrary, my del.gation reaffirms t~~t the Convention, ae draft.d, constitute. a us.ful, compl.te and irr.plac.abl. instrument to d.al with all problems r.lat.d to the sea. Tbis is d.aGnstrat.d by the fact that oVlr the first eiqht years of its exist.nce the rr.paratory Co.-i••Ion for the Int.rnational Sea-Bed Authority and for the Int.rnational Tribunal for tb. Law of the S.a has amply proved that it ia po.sible to interpret the Convention int.lllg.ntly and to (Hr. r'ADMt.cb. toga) alleviate its sbortca.il19s. To its credi~, the Pr.peratory C~issioD ha. fulfilled both ol it. fonael saradat.s - ·OD tho ODe Iland, by illplGMntiDg' X"••olutiora IX ora preparatory iravestMDtlU OD the o~~r haud, by prepariDCJ 4!:aft rule., regulatioras aDd studi.s that are raec••sary for the e.tablis~rat aDd furactiorairag of the Authority od its 1'.raterpri.e ud, tb_reb}', achlev!D9 CODcret. results. All this demo~strate. that it Is able to work iD a .pirit of pragaat!••, taking irato account the political, legal aDd ,cODo.ic inter.st. of its -.abers. proble.. that have ari8sD aDd has thUG l~!d a so11d foundatioD for a lega! re91~ for _xploitation of the sea-bed. It ls truo that, iD -.ray respects, certain intere.ts aad facta cODcerDiog ••a-bed .lniD; •••• to be beyoD4 ths C~!s.loD·a capacity Cor interpr.tatlon. fr...work for dialogue on ezlstiag probl.... In sUpPOrt of thls as••rtloD, .. no.4 only recall that 4elegations, when they s1911e4 the Conv.ration, .ad. stateMents lra the framework of articl' 310. By thes. stateaeat., aelagatloDe gave the Preparatory C~1.s10n a MaDdat. to interpret, and even to .edify, e.latiaq provisioDs 1n order that it alght be pos.ible to arrive at ID IgreOm0Dt OD the modal1tie8 for the impl.me~tatloraof a regime acceptable to a11.* M¥ delegation has not forqotten that we arQ worklng here in the fraDevork c.f active co-o~ratlon. Thl. Mean. that we must appeal to all to show good will for dialogue 81..d at finding way. aDd rMI!lS of se(cuZ'1Dg' unlversal acceptauc. of thb Conventlon, which CODc.ros an area so igportant to our .bared future. * Mr. Silovlc (Yugoslav!a), Vice-President, took the Chair. (iIl:.&...r..Dra,p.I&;h. 't9a) In this regard, i~ is disturbing to note that 1I0me members of our cOIIDUDlty stick to choir position that the sla-bed regime contains lacunae so great that it is bsyond the competence of the Preparatory Commission to refo~ it. Need we recall that the primary objective continues to be the achievement of universality for the COI\vention by resolving outstanding problems through dialogue? This fact vas recalled by the Chairman of the Group of 77 in August 1989 at the closure of the summer session of the Preparatory Commission. This is why my delegation does not reject the possibility of rosorting to a complementary procedure with a view to resolving the difficult outstanding questions. It is also why Togo is one of the aponsors of draft resolution A/4S/L.29, which, "Noting with ARpreciation the initiative of the Secretary-Gscar-aI to promote dialogue aimed at achieving universal participation iD the ••• Convention, "CaUs upon the Secretary-General to continue to aDsiat States in the implement~tion of the Convention and in the development of a consistent and uniform approach to the legal regime thereunder". Since the noble objectives of the Convention are to find & just and equiteble legal basis for exploitation of ~A! oceans for the benlfit of mankind, the analysis of problems related to the law of the Bea cannot be confined to ecoDomic terms. This analysis vould gain frdm focusing on all aspects of human activity related to the sea. In our opinion, the problems can be solved in the current favourable international context, in w~ich thsre ls an increasing tendency towards solidarity that transcends mere econom~c interests and presupposes respect for the human person, fundamental rights, freedom and dignity. It is respect for these imperatives of ethics and j"stice - imperatives of our times - that can help U8 to secure universal implementation of the Convention on the Law of the Sea. U!S[. PeuaplDCh, Togo) My del~gation, which has spoken for the first time o~ this item, cannot conclude without congratulating Ambsssador Jose Luis Jesus, Chairman of the Preparatory Commi8sio~, on the diplomatic and technical ~kill with which he is directinq the work of the Commission. Without hie know-how, we should undoubtedly have fallen short of the results that we now have b&fo~e us. ("re Pennaneach, Togo) Mr. BYlOV (Union of Soviet Socialist Republics) (interpretation from Russian): The item on the law of the sea has been on the agenda of the United Nations for many years. That fact reflects the enormous continuing importance that the community of States attaches to questions relating to the legal regime governing activities in the seas and oceans and, at the same time, clearly proves that the formulation of a truly global, universally recognized international legal regime for the world's oceans is a very complex process. Nowadays, when mankiud is becoming increasingly aware of the links between the many different phenomena typical of life on Eartn, it is realizing that today, more than evar before, a legal regime is needed to govern the various types of economic, scientific and other activities and that, therefore, global, comprehensive international agreements must be concluded. The United Nations Convention on the Law of the Sea, concluded in 1982, will become one of those agreements. The importance of the Convention on the Law of the Sea has been referred to many times from this rostrum by, among others, the delegation of the Soviet Union, which has been a consistent advocate of this major international treaty. Clearly, there is no need to repeat the points made, but there is one aspect to which I wish to draw attention. As is known, the 1902 Convention has yet to enter into force, and there are still certain well-known problems connected with transforming it into a universal, international legal instrument. Nevertheless, as practice has shown - and this is clearly borne out in the ~eport of the Secretary-General submitted to this session for members' consideration - the Convention has already become an integral part of the life of the international community, even though it is not a truly operative agreement. Moreover, to a significant extent, it defines not only the nature of the legislation of coastal States on marine issues, but also the thrust of treaties that have recently been formulated and the practice concerning the implementation of existing multilateral treaties relating to the regulation in law of activity on the seas and oceans. However, the delay in the entry into force of the 1982 Convention has regrettably led to increasing attempts to depart from its provisions, to act out of narrow national interests and to disregard the interests of the intornational community. This negative tendency has also been described in the Secretary-Generales report. The first signs of these attempts have created unn~e3ssary tension in inter-State relations. Our delegation, which has always advocated strict, unswerving compliance by all States with the provisions of the Convention on the Law of the Sea, takes this opportunity to appeal to all States not to adopt national legislation at variance with the provisions of the 1982 Convention. I~ this cOllDection, we deem it important substantially to enhance the role of the United Nations Office for Ocean Affairs and the Law of the Sea in the Secretariat, by asking it. to monitor countries' compliance with and uniform application of the provisions of the Convention. The points I have just made confirm tha importance of the entry into force of the 1982 Convention with universal participation by all States. In this connection, the Soviet delegation velconles the Secretary-General's initiative in convening informal consultations with a view to eliminating the disagreement that still obtains on part XI of the Convention, relating to the regime for using the resources of the international sea-bed area. Our delegation is satisfied with the results of the first stage of these consultations, and Is prepared to give the Secretary-General and his representatives all possible assistance in order that these consultations may be brought to & successful conclusion. We are firmly convinced that, given qood will by all interested parties, mutually acceptable decisions can be found; indeed, they must bafound, since the establishment of a universal leg81 regime for the seas and oceans is \n the interest of all States and of mankind aa a whole. We appeal to all aiGes to make a contribution to the constructive development of the dialogue that has begun, and to find mutually acceptable practical solutions under part XI of the Convention. The Union of Soviet Socialist Republics is in favour of strict compliance with the Convention and has consistently been auided by its provisions in resolving questions that arise in its bilateral relations. During the meeting between the President of the Union of Soviet Socialist Republics, Mr. Gorbachev, and the President of the United States of America, Mr. Bush, in June this year, two agreements on marine affairs were concluded. One of them has to do with the delimitation of the marine spaces between the two countries and is a result of talks that began ~n 1981. The other Soviet-United States agreement relates to co-operation in ocean research. The parties will make joint efforts to study important and mutually agreed problems of scientific research. They are determined to carry out joint work in such fields as physical, chemical and biological oceanography; geological, geophysical and qeochemical research; biological productivity and the functioning of biological communities in the world's oceans; and marine meteorology. The question of marine scientific research is inseparable from a topic which quite rightly is being dealt with in a major way in the work of the United Ratione. I am referring to problems related to the legal regime that will govern international protection of the environment, particularly the marine environment. The 1982 Convention on the Law of the Sea contains certain provisions in this regard. (Mr. Bykoy, USbR) We foel that the furthsr development of legal norms for protection of the marine environment should be based on and should take into account these provisions. It must be recognized that the Convention contains only general principles in this area. Further detailed clarification will be necessary and this will raquire a meticulous all-round approach based on thorough rosearch and the acguisition of the necessary information. In the absence of this information, hasty drafting of specific norms relating to the problam of the marine environment and linked to specific types of activity conducted therein could h~ve unfortunate consequences. This relates primarily to activities connected with the mining of iron and manganese nodules in the deep sea-bed. At the present time, since we do not have the information that would enable us to determine with a significant degree of reliability the conditions in which activities could be conducted without harmful effects on the marine environment, the importance of comprehensive reoearch that would guarantee the availability of the necess~ry information is clear. It is also clear that if research on such a large scale is to be effective it will be necessary to take advantage of the latest aChievements of science and technoloqy, which will doubtless involve considerable material cost. In these conditions, the Soviet dslegation favours broad-based development of practical co-operation among States in stUdying deep-water regions of the oceans and the sea-bed. The preparation of an international ecological research programme would make it possible to avoid duplication and would enable us to make the best use, for the common good, of the scientific and technical potential that several countries already have. We feel that discussion of these problems is of groat importance also in preparing for that important forum, the Conference on Environment and Development, which is to be held in 1992. It is the responsibility of the Preparatory Commission for the International (Mr. Bykoy, USSR) Sea-Bed Authority .and for the International Tribunal for the Law of the Sea to take the necessary steps to ensure compliance with the provisions of a number of important chapters of the Convention on the Law of the Sea. In the eight years of itn existence the Commission has done some siqnficant work. In a number of areas its work has enterEd its final phase, while in other areas, such as those relating to the ll&gal regime, for example, and the deep-aea-ced mining code, a good deal m~re time will be needed to find generally acceptable solutions. The past year has been marked by a number of new and important events, prominent among which was the approval of the document defining a procedure for compliance by registered pioneer investors and their certifying States with their obligations. Indeed, the Commission has defined a clear programme for activities in the near future in specific sites in deep-water regions gf the sea bed. On this question, ~s in a number of earlier questions, the Commissio~ has demonstrated its ability to resolve complex and politically delicate issues. We welcome the success of the work of the Commission in this respect, and in particular the valuable contribution to the attainment of this agreement made by the Chairman of the Commission, Mr. Jesus, and the Under-Se~retary-GeneralMr. Handan. In this connection we hope that the Commission will now be able to concentrate cn other questions relating to the development of sea-bad resources. As members know, following the applications of India, the USSR, France and Japan, which were registered in 1907, the Commission will be considering the application made by China this year. Ke hope that the Group of Experts, which ~tarted its work this week in Hew York, will mate a positive recommendation in this connection. Aa at previous sessions of the General AssemblYe at this session too the Soviet delegation has played an active part in the consultations on the wording of (Mr. Bykoy. USSI) the draft resolution on the law of the sea. Given the n.ed to secure universal accession by States to the Convention OD the Law of the Sea~ ~ feel that this draft resolution too should be generally acceptable, it should be a conlensus text. Therefore, sensible compromises are inevitable so that the draft resolution that we shall be adopting is in the interest ~f all States, of the entire international community. Mr. MAyoRGA CORTES (Hica~agua) (interpretation from Spanish): Following a decade of inactivity, it is now up to the new Government of Hicara~JUa to incorporate the country into the process of renewal t~at the law of the sea constitutes. With the achieveme~t of internal P6&C6, the period of our understandable non-involvement h~~ eome to an end. As a democratic nation whose history is closely related to the sea, we are once again making active use of the opportunities given to us by the new law of the sea in order to meet our responsibilities steadily and effectively. The political upheaval that afflicted our homoland the last 15 years caused considerable institutional setbacks. Statistics relating to our seas are either non-existent or extremely fragmentary. We are now makinq special efforts to reconstruct these data, and for this purpose we re~uest the support of those members of the international community which in recent yeera have accumulated knowledge of the physical structure and resources of our ocean spaces. We have had the opportunity to stUdy the four reports (A/4S/721, Al4S/712, A/45/563 and A/45/663) on the law of the sea and some of its specific issues submitted at this session by the Secretary-General. They show the broad range of activities of a commercial and scientific nature to which the seas of our world are being increasingly subjected. The ~eports outline the risks that this human activity poses for our seas and illustrate the urgent need to take prudent moasures (Mr.. IYkoy~ USSR) to pr.vent the pollution that has aff.cted our river. and lake. from affecting our marine ~pac.s a...11. It ia hoped that the ••cond part of the stUdy iD dOcWMnt W4SI112" wbich is proai••d for the Deat regular ••sslonD viII be partlcul&rly specific and CODcrete. In ou~ viev" the Secretariat should -.k. aD .ffort to bave it published and distribut.d early In 1991 and to ••• that it contains the views of tachDlcal bodies of the Secr~tariat aDd O~.r l~.psDd.nt ofgBD1.atlons OD eal.ting Institutional exp.rience and the degree to which it cu be us.d in the 81gnlflcaJit effort. that the countrie. of the aeveloping world will have to make to adiu~t their nctioDa! systems to the demands of the lIOeS.rn lav of the ••a. I want to emphasize the firmness with which the international community has promoted the entry into force of the 1982 United Nations Convention on the Law of the Sea and the Secretariat's intensive diplomatic wo~k in that respecto According to the Secretary-General's report, ~4 of the 60 instruments of ratification needed for the Convention to enter into force have already been deposited. Ten of those 44 inHtruments of ~atification are from Latin America and the Caribbean. We are pleased that the programme for the next budgetary perio4 includes financial provisions to deal with the growth and g~e~ter specialization that vill be required of the Secretariat because of the Convention's entry into force. The Government of Nicaragua support3 the Secretary-General's initiative of promoting informal consultations aimsd at achieving universal participation in the Convention, and we are pleased that account ia being taken of the new international situation to focus more objectively on the problems posed by some aspects of the Convention that have not f~~ilitated universal participation. The Government of Nicaragua is convinced that adaptationa must indeed be made, but that we must take care not to broaden existing difference, between developed and developing countries. Universality must not be achieved at the price of a new kind of injustice. The Government of Nicaragua states its interest in baqinning the process of ratif.ying the Convention on the Law of the Saa. However important that step is, we know it is only the first in a series of actions to develop our institutions dealing with the exploitation and exploration of our marine resources. International co-operation is required for those actions to be implemented fully and in a timely manner. (Mr. MAyorga Corte" NicaraguA) We States of Central America have large and rich meae. To make proper use of them we must not los. sight of the Central American nature of our maritime spaces. In our view, that is a basic premise if our countries are to take advantage of the potential for utilization afforded the. by the new law of the 8ea. The size and geographical specifics of our seas make them particularly appropriate for international co-operation. The gulfs of Honduras and Fons.ca, the San Juan and Coco river basins and the shared continental shelves all constitute opportunities that nature has given our States to share these geographical areas and their resources and to accept the challenge of co-operative devGlgpment of those resources by converting potential disputes into perfect occasions for promoting and strengthenlag international co-operation for developm8gt. The Government of Nicaragua welcomes and fi~ly and resolutely supports the work of the Secretary-General and his Office for Ocean Affaire and the Law of the Sea in preparing studies and advising intergoverDmental, governmental and non-governmental meetings. It is my Government's view that this work should be broadened and strengthened. Tho Secretary-General and the Office must be given the necessary financial and technical resources for that purpose. In that context, we would suggest that a technical meeting be held in Central America to stUdy and prepare guid~liDes for the protection, improvement and sustained utilization of the Central American seas. The region is especially vulnerable to pollution because of the virtually ~lo8ed nature of these seam, the prevailing winds and cu~reDts and th8 growing industrial activity in, and the traditional uses of, the western Caribbean. The geographicel location of Nicaragua's coasts and the living resources of that region's continental shelf demand that our country give high priority to the environmental aspect of the new law of the sea• Similarly, the imminent beginning of large-scale oceAn mining in the Pacific Ocean reglon could pose env!rcDmOntal risks to the economic zones and coastal regions of our country and other countries of Central America. The coastal States must anticipate those risks and prepare the institutional personnel and resources neceSSAry for the adoption of the relevant corrective measures. The technical meetiDg we are suggesting should he hfild immediately after the United Rations Conference OD Environment and Development, scheduled for 1992, and could be attended by representatives of the Goveraments of COAstal States and other, invited, States. It should also have assIstance and support from international organizations with technical and fInAncial capacities ADd from other public and private entities interested in the subject. The meeting should have two basic starting-pointa: first, tbat sustainable development of resources Is the most effective way of using those resources without destroyin9 the source of development; secondly, that the use of technologies like aquaculture and other new technologies such aa qenetic engineering could belp reduce the pressure to make use of the marine enviroament- an enviroDment characterised by slov Datura1 evolution - exerted by population growth and by the economic expectations of businesses. To take full advantage of the meeting we are suggesting, account should be taken of the efforts of the Central American States, the Group of Three, the European Community and other interested GoworDments to promote in the Central American region democratic institutions able to qenerate effective economic and social development. Thoss efforts should be channeled towards new frontiers of economic and political activity that can create for our countries a promising beginning for the next century. Moreover, the appropriateness of that meeting and the possibility of convening it ~re related to the abundance of our marine resources and to the fact that all the countries that might be involved have (Ht. Mayorga COrt;QI, NicaraguA) appreciable potential in the ere.. of finance, techDology aDd r••ourc.. aa4 are capable of exemplary internatioDal cc-operation to ..et our ••piratio.s cODcerning the use of theae resource•• If the normal proce•• of coneultatlon8 OD this idoa yields positi.. re.ults, the Nicaraguan Government will expre.. it. wish to .erve a. bo.t of the techDical meeting. We have the proper facilities for this kind of ...etiD9, aDd .. beUeve that with international a••itance, especially fr~ the United Rations and ita specialized offices and agenciea, we shall he able to provide participants with the facilities they need for a succe.sful meeting. Me have taken Dote of the objective information iD the report of the Secretary-General concerning Nicaragua'. application to intervene in the border dispute between El Salvador and Honduras, which 1. being heard by a chamber of the International Court of Justice. The fact that the chamber ha. allowed Nicaragua to intervene prove. that Nicaragua's intere.ts within and beyond the Gulf of Fon.eca are affected ~y the claims of our fraterDal countrie.. It i. not our intention today to advance arguments or opinions that are irrel.vant to the agenda item before the Assembly. Khat the Goverument of Uicaraque wante to stre.s i. that the Gulf of Fons.ca is the core of a geographical ZODe beloDgiag, without any dispute by third parties, to the three coastal Stat••, .ach of which po....... it. own geographical area of jurisdiction. Human activity throughout the are. has polluted the environment, which poses a g~owiDg threat to the resourc.. of the basin. In our view, the tb~ee coastal atat•• have a shared inter••t in restoring the balance of nature and promotin9 the sustained development of the Gulf'. re.ourceB. Using the Gulf as an opportunity for co-operation on joint projects doe. not contradict the practical Deed to define the areaa of jurisdiction of each of the coa.tal States• Th18 i. the .pirit that inlJpires .icaragu&. ... wish to reach Z'~ioDa1 8gre_nt. of autual benefit. Me beUeve that all the .... of the CeDtral AMrlcu region, both of the Cadbbean a4 the Pac1~ic, should " ..eel for tU _.fit of the Central AMricaa peoplesa Ratifying the 1982 Convention would gi". ... co.-on legal fra.evork, which ¥Oule! be juat thli begiDDlag of a paill.tald.1MJ eD4eavour, tlw start on which ha. been 10D; delayQd. The report. of the Secretary-General rightly point out that the Co~ntioB 9ive. u. rights &Dd opportunities to mate u.e of the re.ourc.. of DeW, internationally guaranteed, national are.s. We ...t cr••te the in.titutioDS to US8 them effectively for the benefit of our peopl... ID vi.. of our geography, it i. likely that our c~n ben.fits &Dd the 'oint carrying out of these responsibi1iti.s will -.ka it posaib1e for us to acca.pliah this at le•• cost sad with greater efficiency. In other words, aD Int~at.a approach to tbe C.atl'al American .e••, their cODservation, protection &Dc! utilis.tion, la the uost reasonable approach for the Central ANericaa State.~ All of the.e statements are in ke.ping with the spirit and letter of the 1182 Convention. rurtbe~re, the Convention prov14•• a ••rie. of DO~ for a positive international approach to deve10pGeDt. Aa i. rightly reflectecl in the Secretary-General's reports, if we are to ••ise the opportUDitieo given u. ~ the Convention, and to be able to shoulder the responsibiliti.. it t.po••• on u., we must substantially refo~ our educational ea4 technical t~aiDiD9 .yet..., iD addition to starting aD unprecedented dove10~nt of in~titution.. Thi. 'ustifi.s our intention to ratify the Convention, our a.sire to participate actlYD1y In the work of the Preparatory COJllllillsioD, of which we are a ....r, aa4 our cODvict10111 that ratification vil1 make po.sib1e ~rtaDt advaDce. of various kinds in the Central American region. For all those reasons, the Government of Nicaragua hopes that draft resolution A/45/L.29 will receive the unanimous support of the General Assembly. Mr. PERERA (Sri Lanka): Sri Lanka, as a developing COUllt~y, takes satisfaction in noting that the Convention on the Law of the Sea has now been ratified by 44 States and that the ratification process is moving. We are also pleased to note that the Secretary-General has taken-an initiative to establinh a dialogue to bring about universal acceptance of the Convention. He has appropriately taken into account the fact that, while ratifications of the Convantion keep coming in, some industria~ized countries have difficulties with the Convention, in particular, with part XI. The Secretary-Generales initiative is timely, and we would urge that those who have had problems with the Convention - bere I refer to part XI - review their own situation and make known their coti~erns. As fax as the Group of 77 is concerned, as long ago as 1989 it e:pressed its readiness to enter into a dialogue. As a developing coastal State, we would draw attention to the fact that for several years we have brought to the attention of the General Assembly and other international forums the importance we attach to securing the benefits of the new ocean regime and to achieving its potential for complementing national development goals. For our part, the developing countries of the region have taken an initiative to establish co-ope~ation for resource development and rational utilization of the oceans. We welcome the report (A/45/7l2) of the Secretary-General on the needc of States in regard to the development and management of ocean resources. We are pleased to note the wide-ranging inputs from Governments and other SOU~C98 that have been used as a basis for this report. It contai~~ a wealth of information, and it reflects a broad spectrum of concerns of deve10~i4q States. The concerns of (Mr. Mayorga tortes, Nicaragua) my Governme~t are also substantially ~ncorporated in it. We believe that it is vital that the follow-up to this repo~t be thorough and detailed, and that it fully address the international response that is needed to secure the objectives of the Convention and to give practical satisfaction to the aspirations of developing countries. ! have great pleasure in drawing the attention of the international community and of Member States to the fact that the Second Ministerial Conference on Indian Ocean Marine Affairs Co-operation (IOMAC) adopted on 7 September, in Arusha, United Republic of Tanzania, an agreement on the co-operation framework for economic, scientific and technical co-operation between the States of the Indian Ocean, African and Asian States, in the context of the new legal regime. The initiative taken by Sri Lanka in 1981 has grown over the years and has become an effective mechanism for co-operation, for sharing views, for establishing co-operative ventures and for harmonizing practices. This co-operation is not only between States of these regions, but is also with other industrialized States that are active in the region. The draft resolution (A/45/L.29) before us refers to these co-operative efforts, as does the report of the Secretary-General (A/45/721) in paragraphs 16-19. The Secretary-General's report outlines IOMAC's achievements. Such an achievement, involving the participation of over 35 countries from two continents is pioneering, and is recognition of the importance of co-operation in the context of an ocean basin. Many of the States bordering the Indian Ocean are among the least developed countries, and look to the harvesting of the Oceans' potential as an unexplored and untapped reserve which can and must be fully exploited for the benefit of their mosses. The United Nations and its agencies have an important role to play in supporting such regional co-operation. The funding agencies, such 8S the World Bank and the United Nations Development Programme should address the needs in this cODDGction, We would draw attention to the draft resolution, which in its preambular paragraphs records the neads and aspirations of developing countries and recognizes their achievements. Tho operative paragraphs call on the international c~MnUDity, particularly the funding agencies and developed States, to assist further in this process. We are grateful to the Special Representative of the Secretary-General and the Office for Ocean Affairs and the Law of the Sea for the assistan~e provided to developing countries. The Office has publimhed a series of important analytical studies and reviews of State practice, It provides us with timely information bulletins, and the technical publications, which are handbooks for the application of specialized provisions of the Convention, are most useful. The Office has contributed aignificaDtly in assisting international and regional efforts to further the implementation of the ocean regime, and we would hope that it will continue in this direction, with special emphasis on the needs of developing countries in the ratioDal management of their ocean areaD. We call upon the Office for Ocean Affairs and the Law of the Sea and the Special Representative to co-operate and co-ordinate with the agencies of the United Nations system "to intensify financial, technological, organizational and managerial assistance to the developing countries in their efforts to realize the benefits of the comprehensive legal regime established by the Convention and to strengthen co-operation among themselves and with donor States in the provision of such assistance". (A/45/L.2P, para. 14) My own country has been a sponsor of the draft resolutions on the law of the sea ever since the item first came before the General Assembly, and we are pleased to be a sponsor of the current draft resolution. Mr, TREYES (Italy): I h~ve the honour to speak on behalf of the European Community and its 12 member States. Continuing the practice inaugurated at the forty-fourth session of the General Assembly of making a common statement on the law of the sea, the European Community and its 12 member States would like to underline the importance they attribute to the law of the sea and to the creation of conditions for ensuring that the numerous and ever-expanding uses of the seas are regulated by a universally acceptable international instrument. As Mr. Gianni De Michelis, Minister for Foreign Affairs of Italy, stated in a written te~t distributed with the text of his statement in the general debate on 25 September on behalf of,the Community and its 12 member States, we are convinced of the "great importance" of the ],982 United Nations Convention on the Law of the Sea "for the upholcUnq of a juridical order on the seas and oceans" and "it is essential that the Convention should receive universal support", (Mr. Perera, Sri Lan)~) We remain equally convinced that, as he also remarked, "it is necessary to resolve the problems posed by the Convention in the domain of mining the deep-sea-bed, as those problems are an obstacle to the ratification of the Convention by several States". Last year, in its capacity as the State holding the presidency of the European Community, France stated the following: "In order to achieve univers~l acceptance of the Convention and compensate for its shortcomings with regard to the regime governing the sea-bed, which should be exploited for the benefit of mankind, the regime dealt with in part XI of the Convention, the members ~f the European Community consider it essential that a new dialogue begin." (A/44/Py.62. p. 31) This year we note with satisfaction that important steps have been taken towards dialogue, which is rightly praised in this year's draft resolution. Many countrieE have. become fully convinced of the importance of the Convention for keeping peace and order on the seas and of the need to overcome the obstacles which lie in the way of the universal acceptability of the part dealing with deep-sea-bed mining. Moreover, this year it has become widely acknowledged that the reasons why this part of the Convention makes it difficult for a considerable number of States to accede to the Convention are not simply political in nature. They do not depend only on different conceptions as regards co-operation in the exploitation of resources beyond the limits of national jurisdiction. It is now clear that they depend too on the fact that many circumstances have changed since th£ 19708 and the beginning of the 19808, when part XI of the law of the sea Convention was conceived, negotiated and adopted. These changed circumstances were underlined by the Secretary-General, Mr. Javier Perez de Cuel1ar, on 19 July, when he convened a group of delegations for informal consultations on the universalization of the Convention. The Twelve (Mr. Treyes, Italy) wish to say immediately that they consider this initiative by the Secretary-General to be the most important and promising event of 1990 as far aathe law of the sea is concerned. The Twelve see in it ths beginning of, or at least the necessary opening steps, for the dialogue without pre-conditioDs which should permit removal of the obstacles to uni'~trsal acceptance of the Convention on the Law of the Sea. They are convinced that the informal conaultationa have started in the right way. This is true not only because of the co-operative spirit prevailing at the meetings but also, and especially, because no dissent emerged aa to the need for what the Secretary-General called "a concerted effort to ensure the future of the Convention" and because no dissent was registered or am regards his description of the changes that have taken place since the Convention was opened for signature. As the Secretary-General emphasized, some of these changes affect the sea-bed mining part of the Convention, ~hile others concern international relations in general. The changes are the followingl first, the prospects for commercial deep-sea-bed mining have receded into the next centurYI secondlY6 the approach for resolving outstanding problems of regional or global concern has evolved from tension and confrontation towards co-operation1 thirdly, there has been a change in the approach to national and inter-national economic issuesl and fourthly, the vork of the Preparatory Commission has brought a more datailed understanding of the practical aspects of deep-sea-bed mining. The road from the very auspicious beginning to a felicitous conclusion of the dialogue is still long and fraught with obstacles. Nbile all States seem to agree on the necessity of changes, they seem to have different ideas as to how deep these changes should be, as to the ways and means for introducing them, and as to their timing. (Mr. Treyes, Italy) The Twelve are convinced that, by continuing and deepening the process just started, a better understanding between delegations vill pe~it a narrowing of the differences. They are ready fully to support all efforts to achieve this aim. It is obviously too soon to give precise indications on substanca. The Twelve would like to say, however, that the changes in circumstances identified by the Secretary-General appear to be the most suitable starting-point for discussion. We are confident that the Preparatory Commission will bear in mind these new circumstances when working o~ the mining code and other regulations, and that in general the Preparatory Commission will take into account the progress of the dialogue. A new approach is needed in order to create the conditions for universal acceptance of the Convention. Such universal acceptance wou14 be the best way to strongthen the Convention, to ensure its consistent and uniform application and to prevent the law of the sea from reverting to the very uncertainty and instability that the Convention was designed to remove. While expressing our appreciation of the Secretary-Generales initiative, we should also like to express our satisfaction as regards some positive developments that occurred in 1990 in the framevork of the Preparatcry Commissiono First, an Understanding has been reached on the fulfilment of the obligations of the registered pioneer investo~8. The Twelve wish to pay a tribute to the Chairman of the Preparatory Commission, Ambassador Jose Luis Jesus of Cape Verde, for the patience and skill he deployed in guiding the long and difficult negotiations which led to the Understanding. The Understanding shows that a realistic approach to sea-bed-mining issues is possible. Obligations incompatible with present-day industrial prospects have been waved or modified, while .the interests of all the groups cODcerned have been protected. The Twelve vere (Mr. Treyes, Italy) (Mr. Trlyl', Italy) particularly pleasod to obs.rve that the Understanding, in it. paragraph 1~~ envisages the possibility of recGaaending to the International Sea-Sod Authority that it waive "for a relevant period" the pa!Mnt of tho fl2£ed fe. payable UDder annex Ill, articl. 13, of the Convention, should the prospects fOr deep-sea-bed mining, in the opin10n of a group of experts, Dot be favourable at the ti_ the sixtieth instrument of ratification 1. deposited. !hi. paragraph of the Understanding confims that the Prepnatory COBtbdOD 18 willing to take a realistic look at the future. Secondly~ in 1990 the Preparatory Commission discussed, in Special Commission 3, the environmental aspects of sea~bed mining. The importance given nowadays to this aspect is a new element in the discussion on deep-eea-bed mining and will undoubtedly influence future developments. The Twelve have participated actively in the discussion. Their common aim is that of ensuring "compatibility of economic and environmental aspects in a workable legal and administrative framework", as the Italian presidency said in intervening on behalf of the Twelve on 20 August 1990. Lastly as regards the Preparatory Commission, the Twelve are pleased to take note of another clear indication of realism, namely the background paper (LOS/PCN/WP.51) on the administrative arrangements, structure and financial implications of the International Sea-bed Authority, of 10 August 1990, prepared by the Secretariat. While this is obviously not the time or place to discuss this document in detail, the Twelve would like to commend it for starting from realistic and reasonable assumptions on the requisite functions of the Authority, in particular as regards the functions in the early period of the Authority's life, when no deep-sea-bed mininq would take place. These assumptions might become a starting-point for discussing the necessity and role of an Authority within the dialogue aiming at obtaining the universality of the Convention. Of course, the law of the sea is much wider than deep-sea-bed mining. The Twelve remain convinced that the aspects of the law of the sea which concern the traditional uses of the sea, and also those linked to more modern concerns, such as the protection of the marine environment and the development of marine science, are of paramount importance. This emerges clearly if one examines the excellent yearly report on the law of the sea by the Secretary-General, which conveys to the reader the true proportions of the deep-sea-bed mining and other marine activities. To conclude, the European Community and its 12 member States would like to express once again their appreciation of the work done by the Special Representative of the Secretary-General far the Law of the Sea, Mr. Satya Handan, and by the very competent and enthusiastic staff working under his quidance. This year the Office for Ocean Affairs and the Law of the SeG deserves warm appreciation for having prepared, apart from the annual report on the law of the sea mentioned above, three other valuable reports: on marine scientific research (A/45/563), on the needs of States in regard to development and management of ocean resources (A/45/7l2) and on large-scale pelaqic driftnet fishing (A/45/663). Similar appreciation is due for the remaining work of the Office, which ranges from assistance to developing countries, to servicing the Preparatory Commission and the preparation of publications. This year we would like, in particular, to note with satisfaction the beginning of a new publication, the Annual Reyiew g~ Marine Affairs, and the success, as shown by the high number of well-qualified applicants, of the Hamilton Shirly Amerasinghe Fellowship on the Law of the Sea. This initiative seemed to have all the Characteristics of implementation of the United Nations Decade of International Law even before the Decade began. Speaking now on behalf of Italy, I would like to add a few remarks on subjects not considered in the statement on behalf of the European Community and its member States. Italy is pleased to see registered in paragraphs 12 and 13 of the report (A/45/72l) the positions token by it and the other members of the European Community on paragraph 11 of article 17 of thti United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, of 1988. This position is relevant as regards the wider problem of the limits to the power of coastal States and of the rights of other State~ in the exclusive economic zone. (Mr. Treyes, Italy) Italy is also pleased to see that, iD paragraph 61 of the report, note is taken of the section on t~e environment in the fourth Lome Convention between 68 African, Caribbean and Pacific States and the European Community and its 12 member States. It must be regretted, however, that the provision~ on fisheries of that very important Convention have not been analysed. In perticular, it should be recalled that title III of part I1, entitled the "Development of fisheries" is based on the principle, stated in the second paragraph of article 58, paraqraph 2, that co-operation in the field of fisheries "shall promote the optimum utilization of the fishery resources of ACP States, while recognizing the rights of landlocked States to participate in the exploitation of sea fisheries and the right of coastal States to exercise \ jurisdiction over the living marine resources of their exclusive econemic zones in conformity with current international law and notably the conclusions of the Third United Nations Conference on the Law of the Sea". The report notes that x "The Convention, even before its entry into force, haa assured la remarkable ~e9ree of conformity in State practice with respect to the extent and e~ercise of national sovereignty and jurisdiction." (&/451721, para. 8) Italy notes with satisfaction that in 1990 Albania, one of its neighbours, has given evidence of the truth of this assessment by rolling hack the width of its territorial sea from 15 to 12 miles. A further contribution to the consolidation of the same principle has been made by the European Communit]" in anDex LXVI of the Lome IV Convention when recalling, for the purpomes of the Protocol on the extent of territorial waters, (Mt. Tr0Y's, Italy) "that the relevant acknowledged principles of international law restrict the maximum extent of territorial waters to 12 nautical miles to • •• • Apart from these observations on the annual report on the law of the sea, we would like to add a few remarks on the three other reporta already mentioned, which the Secretariat has prepared with the usual timeliness and diligence. The report (A/45/563) on marine scientific research parallels the very important report presented last year on the preservation and protection of the marine environment. It contains a useful summary of the new regime for marine scientific research contained in the Convention on the Law of the Sea, and, more interestingly, an overvio¥ of the major progress achieved by marine science and of the principal issues facing it. It emerges from the report that the need for truly mUltidisciplin~ryresearch is paramount in tackling such ne¥ and environment-related subjects as the role of oceans in climate change. The report on the realization of benefits under the Convention on the Law of the Sea, of which part I (A/45/712), on the needs of States in regard to development and management of ocean resources, has been released, is an interesting attempt to assess, on the basis of replies by States to a quastionnaire, the informational and other assistance needed, especially by developin9 countries, in order to formulate marine policies and legislation in such a way as to take full advantage of the possibilities opened by the new internation~l regime of the seas. Italy would like to express its agreement with the points made in paragraph 20, in partiCUlar as regards the need to correct the situation current in the attitude of many States as regards the extension of national jurisdiction in coastal sea areas in which it is easy to see a "tendency to secure and exercise the rights but to relegate the fulfilment of obliqations to a place of secondary importance". (Al4S/712, para. 20) (Mr. Treyel, Italy) In conclusion, the report cn large-Dcale pelagic drift-not fishing and its impact on the living marine resources of the vorld'm oceans and seas has been discussed in the Second Committee, where the Commission of the European Community expressed the Community'l!! views. Today we should like oDly to cOI!li'l8Dd this report as a solid contribution to a very sensitive and important problem of the law of the sea and to say that the Secretariat deserves high praise for it, Hr. HYMYl (United Republic of Tanzania) I The seas eccoUDt for over 70 per cent of the earth's malUI. The management and use of such a larqe part of the planet Earth must therefore be a matter of great interest to &11 its inhabitants. It has a bearing OD their peace and security as well as on their aspirations to oconomic end social development. If the seas could be utilized to enhance co-operation between nations, world peace and security would be significantly improved. AS humanity's material needs increase in the face of the Earth's finite resources, increasing attention is being paid to the unexploited resources of the seas and oceans of our planet. The land resources of the planet are largely controlled by, and used for the benefit of, a tiny but powerful minority of hwnanity. This inequity largely accounts for the gap between the rich North and the poor South. The danger this unhealthy state of affairs poses to world peace and security is too obvious to Deed elaboration. We must avoid transplanting this inequity to the management and control of the resources of the sea. But the seas end their resources cannot serve humanity well, at any rate not for long, if humanity does DOt take care of th~mo The protection and preservation of the marine environment must therefore form an integral part of humanity's efforts to develop aDd use marine resources. (Mr. TrIVIa, Italy) The uses of the ocean space are interrelated. So are the problems pertaining to it. That is why the Convention on the Law of the Sea is multifaceted and interdiseiplinary in nature, providing for a comprehensive regime that embraces all areas. Every part of the Convention must be seen in relation to the whole. No part of it stands alone. In dealiEg with it, therefore, States must safeguard its unified character. The Convention will lose its purpose if States are allowed to implement only those provisions they like because they are boneficial to them and ignore those they feel impose unacceptable obligations on them. In this connection, we in the third world are concerned over the selective implementation of the Law of the Sea Convention by a number of industrialiled countries. We note the popUlarity of the provisions relating to territorial waters and the exclusive economic lone. It should be stated that Dome of our countries wet_ not particularly happy with some of these provisions. We accepted them simply because they were part of a package that contained other things of particular interest to us. In the case of territorial waters, for example, Tanzan~Q's limit before the Convention was 50 nautical miles. We accepted the limit of 12 nautical miles imposed by the Convention and changed our laws accordingly because we wanted to be with the majority. A number of countries, including non-signatories of the Convention, have taken similar steps to conform with its provisions. The Convention is the most comprehensive modern attempt to bring all aspects of management of the resources of the sea and the sea-bed under one law in a unified manner. At the time of the Convention's conClusion in 1982 there was great hope that all States, and especially participating States, would become parties to it. Unfortunately, this was not to be. Today, eight years after the conclusion of (Mr. BrakYi, United Republic of TAPzania) the Convention, a few important industrialize~ countries still foel unable to join with the majority in accedinq to or ratifyinq it. rhi. lm a matter of great regret to us. We reqret also that this inability to join with the majority has had an inhibitinq influence on a number of other industrialised countries, which have otherwise been ready to join with the majority in bringing the ConV~DtioD into force. We very much hope that they will soon be Bble to overcome their difficulties so as ~o enable the Convention to enter into forc_. The Tanzania d~leqation stands ready to make its contribution to the efforts to addresa their difficulties. In this connection, we welcome the initiative of the Secretary-General in conducting informal consultntion8 in an effort to addrftss these problems in order to attain univ.rsality of participation in the Convention on the Law of the Soi)a. It is true that since the signing of the Convention pro.pectG for deep-sea mining have not been very good. It is also true that a nWl1)er of important changes in the world political and economic situation cannot be ignored In the search for a solution to the difficulties that have prevented aome countri.s frOM participating in the Convention. On the other hand, there 111 no doubt that illmttllliil6 pressure has been eserted to slow down movement towards accession an4 ratification in order to force a radical review of part XI. It is therefore argu&bla that this kind of pressure is as responsible for the lack of p~ogre8. In de.p-s.a mining a~ ar. the difficulties experienced by a number of countrieg. It should also be noted that the lessons of the recent changes in the world political and economic situation, especially in Eastern Burope, are Dot onc-sided. They are as much a rejection of unvarrante4 State control as they are a powerfUl expression of the yearning for democracy throWJho~t th. world. If 4ellOcracy 11 (Mr. Byte!' United B;1)uhlic of TAnsyia) good at the national level, it Must be good at the internatioDal level. Part Xl of the Convention is no mors than an attempt to tr6nslata this ideal into practical application in order to qiva effect to t4a decia!on that t~0 sea-bed is the common heritage of m~nkiDd. Eight years of informal contacts and reflaction hove not mode us in the Group of 77 any wiser about what specific chanqes a=e expected in port XI of the Convention. Those who say they have difficulties ore still talking in generalities. Attempts to put 8om~ meat on ~e skeleton - such as those made at the 19 July consultations convened by the Seoretary-General - hav& left many signatories still unclear about the real intentions of those countries that hove problems with this part of the Convention. In these circumstances it Is difficult for some members ef the Group of 77 to avoid the conclusion that what Is contemplated is perhaps a oomplete overhaul of part XI. Talk of "OutBtoncUng issues" at this late hour sorvss only to reinforce this lIIuspicion. It took over 14 years of pai~staklnq negotiations to conclude the Convention. All participants, inclUding those who Bubsequ~ntly felt unable to come along with everybody els., agre~d th:at the outcome wall the bGSlt that could have been achieved. ID the view of my delegation" nothing- that has happenad siDce, including the ~ramatic changas in ~e world political and .conomic .ituGti~n over the past year, julttif.1es an overhaul of part XI of the Convention. As I hav& alroady observed, the dramatic chanqes thct have taken place ov.r the post y~ar offer very powerful arguments for both .ides of the debate over this part ef the Convention. Furthermore, there will always be changeD. ~~il. w. agree that to reM~ln rel.vant the Convention must accommodate the changing circumstances, we do Dot agr•• that this meum that we must stop ev.:,ythl!lCJ.e ore doiol) iD order.to accolll'llOdat. the change. before ¥8 resume movement again. (Mr. HYakyi, United Republic Qf. TOPIlUim) Tanzania was privileged to chair the Second Ministerial Conference of the Indian Ocean Marine Affairs Co-operation, which was attended by thG coastal and hinterland States and other maritime users of the Indian Ocean. The Conference, which was held at Arusha from 3 to 7 September 1990, was the culmination of efforts by the countries of the African and Asian region to establish a framework of co-operation among themselves and with others to enable the integration of the marine sector into national development programmes in the context of the new ocean regime of the Law of the Sea. The Arusha meeting, which was attended by representatives of more than 30 States, ended wi~ the conclusion of the Agreement on the Organization for Indian Ocean Marine Affairs Co-operation (IOMAC) which is now open for signature. The Aq~eement is intended to create and promote among its members an awareness of how the resources of the Indian Ocean can be used to contribute to the development of the States o~ the region and to promote co-operation among them 8S well as with other States and organizations beyond the region. The Agreement also provides a forum for coastal and hiDte~land States of ~e Indian Ocean to exchange views on the uses of the Indian Ocean and its resources. In that way, there is a possibility of developing national capabilities in marine affairs so a~ to promote self-reli~nce. One unique feature of this kind of co-operation is that, unlike similar initiatives in other regions, the members undertake tbe activities in the region in an interdisciplinary, integrated and diversified manner. The activities cover living and non-living marine resources of the ocean, encompassing all uses and resources of the sea and all other related activities, such as marine environment, ocean law, policy and management, science and technology. For this reason, we very much hope that States, international (Mr. Byak,yl, United Republic. of TaUuia) organizations und non-governmental organizations will lend their support to this initiative in order to enable the countries of the [9gion to realize the full benefits of the waters and resources of the Indian Ocean. It should be understood that, as a result of inadequate resources and inadequate technical and scientific capabilities, the Indian Ocean has, for a long time remained largely unexplored. Consequently, the coastal and hinte~landStates of the ~69ion have not been able to take effective measures to realize the full benefits of the Ocean. This kind of co-operation should be encouraged, as has been done in several General Assembly resolutions. We urge those countries of the Indian Ocean that have not yet done so to sign the Agreement as soon as practicable in order to speed up the process of ratification or accession and thus make it possible for the Agreement to enter into force in the near future. On behalf of States members of IONAC, I should like to take this opportunity to express our gratitude and appreciation to the countries and organisatioDs which pledged to extend technical and financial support to IOMAC at the close of its last meeting in Arusha. I should also like to thank the Secretary-General for his report issued in response to General Assembly resolution 44/26 of 20 November 1989, in which the Assembly requested the Secretary-General, inter alia, to present r~~orts identifying the needs of States in regard to the development and management of ocean resources and the measures taken in responding to those needs. This information will assist us in the Indian Ocean region to devise methods and mechanisms which will enable us to maximize the opportunities to realize the full benefits of the new ocean regime. We request the Secretary-General, in his second report, to provide a comprehensive and substantive review of the measures undertaken by States and competent international organizations. We would also like (Hr. N.yakyi« Unitgd Republic stL"':mIMic) to request hiD, in hia follow-up report, ~o auggest appropriate aolutiona necessary to reapon4 to the n.e4. that have been i4"nUf1.d. We hope that. the S.cret.~-Gan.ralw111 give this matter priority. Today there la a greater awarenells of the fact that the oeeus have a aignificant 1'018 to play in the pre.ervatioD of the global environment. Therefore, the question of mariDe environmeDtal protection, and especially of resource conservation, i.vitally important. The conclusion of a number of agreements for thia purpose is a ve~ healthy 4evelopm8nt.. I nGed not stres. that to succeed, cOlllervatioD and r••ource development must go han4 in han4. Ne ..leomo, with satisfaction, the adoption by the General COlllllittee, on 30 August 1990, of the Understanding OD the Fulfilment of Obligatiolls by the Registered Pioneer Investors and their certifying States. The application by the People'S Republic of China for registration as a pionoer investor, which i. now before the group of technical experta, 18 another indication of the ~i!t"o"in9 support for the arrangements in the Convention relationg to deep-sea minin(".. A:tJ. this represents remarkable progress towards the implementation of an important provision of the Convention. Ne are c:onfi4ent that it vUl be implemented as fAgree4. The Understanding .hou14 now permit the early selection of the training panel aiDce the aubject of training has DOW been finaliaed. Work OB th. plenary an4 all four special commissions should be accelerated .0 a. to be COMpleted by the summer of 1991.. More flezib1l1ty an4 UDderstanc1iD9 are reguire4 if we are to resolve the outstanding issu•• in all the commissioDs. Finally, we welcome with appreciation the activities undertaken by the Office for Ocean Affairs and the Law of the Sea. As the report of the Secretary-GenGrml (Mr. N,nky1. 1lAito4 BlpWll1.c of 1'aJl'Mia) indicates, the Offic. - which al.o ••rves ae the s.cr.tariat of the Pr.paratory Commi.slon for the Int.rnational laa-Bed Authority - ha., in the last yaaf, a••isted ••veral State. in d.v.lepiD; th.ir national legislation and in integrating policy ''It:h 4.".10plllllts. Tan.uia ia a ben.ficiary of .0118 of the•• activities and I "ish to .zpress our sincere appreciation for the support the Office haa given for our efforta, .specially in r.gar4 to advic. OD how to mazimiz. the ben.fits of our participation in the Conventioa OD the Law of the S.a. Ita support of our preparations for the IO¥~C II me.ting in Arusha iD S.pt.mber helped to .asur. a Duccla.ful outcome. Th. Offic. is read.rift; valuable support to ~mber Stat.s aa th.y strive to d.vol~p th.ir sarin. r.sourc.. aDd to integrate them into Dational d.volopment plana. Th. Special ••pro••ntative of the Secr.tary-General and hiB .taff dea.rve our support and .ncourageMent. In particular, they deserve adequate redourcea to eDable th.m to r••pond pccitively and appropriatwly to the needa of Member Sta~es. Ht. PIIII (Braail). Allowae at the outset to request the Pr.sident of appreciation of the d.l.;atioD of Br••l1 for the timely and exhaustive report he has aubmitted to the Geaarel A8.~ly under tbe agenda item cODcerning tbe law of the aea. Our appreciation sl.o go•• to the Under-Secretary-General, Mr. Satya N. Hadan, and his capable staff for their work in preparlag the report, whose breadth and compreheDaivsno.s attelt to the importec. attacheCl by Member Statea, all vell all by internatioDal aDd regional organiaation86 to the uniquely varied and complez issues relating to the gtudy, pr•••rvation and rational maaaq.moat of ocean .pace. (Mr. !Jyaui, United Republic of. %Nuumia) The past 12 months have witnessed a series of important events which. In the interim period prior to the entry into force of the Convention. have further strengthened the conprehensive legal regime embodied in the United Bations Convention on the Law of the Sea. In the first place. the nuaber of ratificationw of the Convention has risen to 44. just 16 short of the 60 ratification. regu!r.d for its entry into forco. which further contributes to the ezpectatloD that the interim period may soon draw to a clos.. Secondly. it was poswible. after protracted negotiations. to arrive at an Understanding on the fulfilaent of obligations by the registered pioneer investors and their certifyinq Stat.w at the .e.slon last s~r of the Preparatory Comal.wion for the InterDatlooal S.a~Bed Authority and for the International Tribunal for the Law of the Sea. Bralil considers that a constructive spirit prevailed dur!nq the negotiations. which were ably conducted by the Chal~aD of the Preparatory Co~i••ion. Ambassador Jose Luis Jesus of Cape Verde. and this aade possiblo eccomuodatioD of whet at first might have ••emed to be irreconcilable intereat•• The Under.t~ndin9 on the fulfilment of obligations bal COMa as the latest stage iD the procems of implementation of resolution 11. adopted by the Third United Nations Conference on the Law of the Sea with a view to ensuring. iD the interim period prior to the entry into force.of the Convention, the proper functioning of what has come to be known as the parallel ayat•• G It i. to be hoped that the Understanding. whicb as a comptomi.. agreement may not be entirely satisfactory to any State or group of States. vill ensure the tl-.ly and comprehensive fulfilment of the obligations that flow from the sajoya8nt of certain rights by those engaged in preparatory lDY••~Dt relating to ploD••r activitios in the area. Among the r.levant obligations will figure the e:ploratioD ef the first .1De site reserved for the future International Sea-Bad Autho~lty. 8S a aoat 81galflcaDt (Hr. Pltr!. Irllll) stop toward. the ,ffeetlv. tulfl~Dt of the principl. .n.hrln.d ia the CODventlon wher.by all rights In the r••oure.s of the ar.e art vest.d In aanklad S. a whol., on whoa. behalf tb. Authority will act. Finally, Brasl1 would lit. to velCOBe tb. application .~ltt.d by the '.op10'0 I.public of China, on behalf of the ChlDa OC.an Mineral I••ourc•• R'.~arcb aDd D8V.10pGeDt Aa.ociation, for regi.tration a. a pioneer Inv••tor und.r r••olution 11. Subi.ct to cOD.ld.ratioD of th' appllcation by the Gen.ral COMIltt••, to be conven.d at the fo!'theOilllng ulBth ••••10n of the Pr.paratory Co.ml••10n, the registration of China a. a ploD••r investor co-e. a. furth.r .videnc. of the c~l~Dt ~D the part of Stat.. to the rigl.. of .utual rlght. ADd obllgatlonD provid.d for iD the r.1.vant provialon. of tb. Conv.ntlon. Of the various 1••u•• teckl.4 by the Pr.paratory Co-al••10n, Brasi1 set• •pecl~l .tor. by the oagolng Dl9otiatlons conc'~DlDg the draft regulation. on prospectlaq, .xploration ..d exploitation of pol,.etallic DOdul.. In the ar.8. In that cODD8ction, tb. dl.cu••lon. bald at ~. .1ghth ••••10n of the Pr.paratory COBal••lon, In KIDgston and .ev York, on the part of the draft .1niD; cod. r.lating to the protection aad pr•••rvatlon of the aarln. envlroDDlDt proved t~ be .pecially stl~ulatlnq, la so far SD they provided aD opportunity to dwell at l.ngth OD complex matt.-. about which there i. at!ll lasufficient knOWledge. As regards tb. tentative conclusion. to be dra.. fre- thos. discussions, it i. fair to Day that currently availabls soientific 4ste discourage any .af. p~ogDo.ls relat.d .cosy.t.... 'fhla do.. Dot by DJ' MUS repres.nt an lapedlNat to construetlve work, ho~v.r, and it would be ua.ful for th. Preparatory Co.-lagloD to focus ita .fforts OB 4.vl.189 a basic .et of rulos and regulatloDD whicb should r.mmia fl.xlble eDough to allow for eventual a4aptation, on the uaderstu4ill9 that the task of refilling aDd upaatlD9 thoe. rul~s ADd regulations would be incumbent on (Mt. P,rr!, 8ra,il) the Authority it.elf at a time when the possible effects of deep-sea-bed mining on the marine environment are likely to be better known. It should be pointed out that until such time, the scarcity of available information should serve further to strengthen the principles on which the basic framework provided by the Convention should be upheld. As stated by the Secretary-Cenera1 in his report, the Convention "ia ba••d on a philosophy of rational use that fully conforms "ith the concept of environmentally Douna development". (A/451121, para. 5) Suc~ a philosophy ensures, in turn, that "Its enviroumenta1 provisions establish a framework of general principles and rules within which the relevant qlobal and regional instruments should be vie.ecl. t. (.Di4) The drafting of the United Ration. Convention on the Law of the Sea was an aveao.. undertaking. The international community embarked OD that venture in the conviction that the problems of OC.BD apace are closely interrelated and need to be conaidered aa a whole. Aa stated in 1912 by the representative of Braail in the First Committe., Ambassador lamlro Saralvo Guerreiro, OD the agenda item concerning the proposed convening of a conference on the law of the seal "The CODsensus ideally to be reached is on precise, binding', legal texts of univeraal application and unlimited duration. We must think in terms of succeeding generatioDs. This i. no simple matter, un1.sa ve were to content ouraelves with conventionD that would suffer the fate of those of 1958, commaD~iQq the effective adherence of only one third or, at most, half of the membership of this Organization, so that they would remain res ipter alios G.tA for all other:, includin9 perhaps entire continents," (A/C, lIPV, lPQ5, P-e-ZJ.) (Ht, porri, Bralil) Those principles later found eloquent embodiment in the Convention itaelf. As a State which has ratified the Convention, Brazil is committed to the goal of ensuring universal participstion in the legal regime it embodies. It is no less committed, however, to ensuring the unified character of the Convention. We therefore welcome the timely and opportune initi3tive of the Secretary-General in promoting dialogue aimed at achieving universal participation, as we are aware that circumstances may be ripe fo~ addreasing certcin outstanding issues which have thus far stood in its way. In that regard, the concerns of certain States with the provisions of the deep-sea-bed mining regime have como to the fore. Brazil is of the view that ways can be found of implementing creatively the provisions of th&t regime so as to safeguard the integrity and unified character of the Convention and the institutioDs provided for therein. It is no less certain, however, that no problems can be addressed if they are not properly deftnod. The parties concerned must therefo~e display the necessa~ political will to enter into a fruitful dialogue with a view to identifying specific difficulties which might eventually be redressed and interests which could some day be accommodated. The delegation of Brazil will vote in favour of draft resolution A/45/L.29, the tezt of which reflects and, we believe, builds upon the efforts undertaken at the forty-fourth session of the Seneral Assembly to accommodate the interests of certain delegations which have traditionally had difficulties with the reaclution on the law of the sea. As delegations will recall c those efforts Ultimately gave rise to frustration and disappointment, in so far as a genuinely conciliatory gesture did not meet with the expected response. Once again, consultatons vere undertaken during the current session of the General Assembly which made it clear that a further qesture of good will might at this juncture result in a change of vote on the part of some States~ (Hr. Perri. Brazil) The delegation of Brazil is ready to examine, without pra-conditions, any constructive proposal that could lead to broader 8UPPO~t for the draft resolution, but it has made it abundantly clear that any conciliatory gesture must be accompanied by a firm commitment on the part of those delegations that have difficulties with the text of the draft resolution to change their positions accordinqly. In the final analysis, it i3 patently clear that, in the context of a genuine negotiating process, the principle of legitimate accommodation will not be served by assertions that are not accompanied by the requisite political resolve. In conclusion, allow me to sound a cautionary note. The Secretary-Generalis initiative, though commendable in every way, should not lead us to think that any ready-made solutions are at hand. As stated 18 years ago by the representative of Brazil, "Those who, inspired by a constructive spirit we fully respect, are wont to adumbrate even now the general outlines of a possible gene~ous accord might perhaps wisely feel eorne discomfort from recent omens and portents". (A/C.l/PV.190S, p. 21) The representative of Brazil w~nt on to state that "This notion that difficulties will fiad an automatic solution at a certain fixed date is a hardy perennial that comes to light now and again under different guises, always attractive and always dangerous." (ibid•• p. ~) Though circumstances have changed over the last three decades, we believe the gist of those remarks has not. PROGRAMME OF WORK

I should like to inform members that action on draft resolution A/4S/L.29 will be taken on Friday, 14 D6cember, in the morning. The meeting rose at 1,05 p.m, {Mr. Parri, Brazil)