A/46/PV.70 General Assembly
▶ This meeting at a glance
5
Speeches
0
Countries
1
Resolution
Resolution:
46/77
Topics
Security Council deliberations
UN resolutions and decisions
Law of the sea
General statements and positions
Global economic relations
Peace processes and negotiations
11. REPORT 0~ THE SECURITY CouNcIL (~14612) Mr. RAZALI (Malaysia): The Malaysian delegation is participating in this debate, partly because the first part of the Security Council's report (A/46/2) covers the period when Malaysia was still a member of the Security Council and also because this is an important occasion, providing as it does a rare opportunity for an interaction between the Security Council and the General Assembly. The interaction should also be utilized to underline the need for transparency, accountability and democratic practice within the United Nations system. This is all the more important because it involves the issue of the maintenance of international peace and security and the performance of the Council, the organ of the United Nations that deals with such issues, and because of Article 24 of the Charter, which makes the Council accountable to the general membership of the United Nations. The Malaysian delegation believes that as many countries as possible should in fact participate in this debate. My delegation had considered it a privilege and an honour to have been elected to the Council from January 1989 to December 1990, after having been away from the Council for 26 years. During the two years in the Council my delegation took its work very seriously and with the highest sense of responsibility. We were mindful of our duty, in that we represented not only our national entity but also the larger constituency, the Asian region, the Non-Aligned Movement and others. We consider ourselves fortunate to have served in the Council during a watershed period in the history of the United Nations. The dramatic' changes that have been swirling around us for the last two years provide a suitable backdrop to consider the work of the Security Council. These changes have both positive and negative effects. On the ground, parts of Europe are undergoing traumas that revive Serious conflicts resulting in disruption, deaths, movements of refugees and the redrawing and contraction of countries even as human rights and freedom sweep across the area. Decisions taken in the Council have become part of, and have affected, the unfolding of events and issues relating to peace and security. We are witness to a situation in which the United Nations, because of its enhanced role, has been drawn into a vortex of events and issues, straining its capacity. While it can be said that addressing these issues enhances the role of the Council, it cannot be concluded that all actions arising from the discharge of that role have been to the good: for example, there was much reason to be anxious about the motivation and the disproportionality of action in the Gulf crisis. The Security Council report before us in the period under review has catalogued only the decisions taken, but there was much dilemma and agony over taking the right decision and determining the right course of action. The report is a bare compendium of decisions, without portraying the drama and Circumstances behind those decisions. I do not believe anything much can be done about this, but the general membership must seriously reflect On, or at least be made privy to, how the Council operates in taking such fateful decisions, This is vital in the context of the increasing role Of the Council and the fact that the so-called balance established between the Permanent Five since the Second World War is no longer operational, due to the Contracting role of one major Power. The dilemma before the United Nations iS that while agreement between the permanent Five in the Council removes obstacles and facilitates the settlement of political and security disputes, as in the cases Of Namibia, Iraq-Iran, Angola, Western Sahara and Kuwait, the momentum behind this push to solve issues, if not properly checked and circumscribed by a process of accountability and proper procedures, may prove to be the undoing of the Security Council itself, if only one Power or one group of Powers should take control of decision-making. As an example, the enforcement of Security Council resolution 678 (1990) has raised many unsettling questions. The Secretary-General in his report of 6 September 1991 on the work of the. Organiaatioa (A/46/1) accurately described the situation, as follows: "Another important aspect is that the enforcement action was not carried out exactly in the form foreseen by Articles 42 et seuuentia of Chapter VII. Instead, the Council authorized the use of force on a national and coalition basis. In the circumstances and given the costs imposed and capabilities demanded by modern warfare, the arrangement seemed unavoidable. However, the experience of operations in the Gulf suggests the need for a collective reflection on questions relating to the future use of the powers vested in the Security Council under Chapter VII. "In order to preclude controversy, these questions should include the mechanisms required for the Council to satisfy itself that the rule of proportionality in the employment of armed force is observed and the rules of humanitarian law applicable in armed conflicts are complied with. Moreover, Careful thought will have to be given to enstiring that the application of Chapter VII measures is not perceived to be overextended. In today’s conditions of economic interdependence, the effect Of the imposition Of comprehensive economic sanctions on third States that are economic partners of the offender State requires that Article 50 of the Charter be supplemented by appropriate agreements creating obligations t0 assist concretely the disadvantaged third State or States. The human effect of sanctions on the population of an offending State, if it lacks the political means to bring about a reversal of the policy that gives rise to the offence, will also need to be carefully borne in mind. As I stated at meetings of the Security Council, enforcement is a collective engagement, which requires a discipline all its own." (A/46/1, PP. 6-7 (chau. IV)) As the Secretary-General further argued in his report, given a volatile world situation the only available course is to organize international life on a stable basis in accordance with principles clearly understood, generally accepted and consistently applied. The Security Council must certainly be the body of the United Nations to manifest these principles clearly. The United Nations must seriously consider how, in providing collective enforcement measures to the Security Council, the general membership is still able to ensure that decisions and actions of the Council are accountable to the general membership. ~~ delegation does not accept the much-touted defence that the Security Council is master of its own procedures and rules. There is clearly a need for the future to reconstruct the concept of collective enforcement action into a workable and effective System of collective security within the framework of Chapter VII of the Charter. Another important: lesson learned from the Gulf crisis is that the destructive power of modern technology and weapons makes war as a means of resolving conflicts, even within the United Nations framework, one which carries too high a toll in human and material terms. It must now be the primary objective of the Security COUnCil, together with the General Assembly, to give top priority to establishing a mechanism of preventive diplomacy ana to encourage the pursuit of the settlement of disputes by peaceful means, Such a mechanism must include an early warning System, coupled with a proactive role on the part of the Secretary-General and the Security Council, so that they can be involved in crisis situations early enough and act quickly to prevent the outbreak of conflicts. In this regard, the Secretary-General should have the confidence and support of the Council and General Assembly in carrying out his good offices without constraints so that the United Nations potential as an instrument for peace may be developed to the fullest extent, In my statement last year I expressed my delegation's concern that, while close cooperation between the five permanent members was essential to the effective functioning of the Security Council, there was a tendency among the Five to confine much of the substantive work within themselves, turning the Permanent Five into some kind of exclusive club, with the predominant influence of one member, At a time when the reform process within the United Nations seeks to encourage transparency, accountability and democratic practices in decision-making, and when there is increasing expectation of the Security Council's being able to address conflicts more effectively, the permanent members have a special responsibility not to work as an exclusive club. Not only should there be open discussions within the Council, but on more importCUlt issues of war and Peace the views of the broad membership of the united Nations should be taken into account; in the spirit of Article 24 of the Charter. The tendency to close deliberations of the Security Council from the rest of the general membership cannot be defended under most conditions. It is also noted that meetings of the Council have become increasingly short, giving the idea that business has been done earlier and elsewhere, to the exclusion of the general membership. During this defining moment in the history of the United Nations, we all wish to see the Security Council effective and universally respected for its integrity. In this respect, there is a need for the Council to address questions of international peace and security on an equitable basis and not on the basis of selectivity at the choosing of some members of the Council. The Palestinian issue has been a casualty of this situation, for example. The ongoing reforms and revitalization of the United Nations system have to take into account the significant changes taking place in the international system, particularly the growth of the membership of the United Nations from IO-odd countries when the Organization was founded in 1945 to 166 countries today. The ongoing reform process must soon also involve the Security Council in a way that would not only reflect a more equitable geographical representation but also contribute to the strengthening of the democratization process within the United Nations system. The Council cannot continue to be the vestige of decisions taken by the victorious Powers after the Second World War, There is overrepresentation of Europe. At this moment, there are three permanent members and three non-permanent members of the Council from Europe. Surely this raises the question of serious overrepresentation and the effete perpetuation of a situation that is anachronistic and beyond defence or rationalization, especially given the changes that have taken place, including the contraction of one permanent member and the emergence of many criteria for considering other countries in other regions which can more equitably and democratically represent the reality of today and tomorrow. Even the veto powers must now come under examination. In all frankness, it is difficult to countenance one or two of the Permanent Five still retaining their veto powers given present developments. Also, the history of the application of the veto has been tarnished by veto actions taken purely in defence of partisan and national interests, not in defence of issues and principles. Mr. ALAPCON DE C?UESAbA (Cuba) (interpretation from Spanish): The item now under consideration by the General Assembly is one that has been imposed upon our agenda, not because it was requested by any Member State or group of States, but because the obligation to consider it comes to us from clear and repeated stipulations of the San Francisco Charter, Article 15 of the Charter clearly states that the General Assembly shall receive and consider annual and special reports from the Security Council, while Article 24 refers to the Council's obligation to submit annual and, when necessary, special reports on its activities to this Assembly. This is therefore an item which any outside observer of the Organisation would assume to have the highest priority and to be deserving of the greatest attention, since it relates to an obligation dating from the very foundation of the Organization and bears directly upon other clear definitions in the Charter conferring special responsibilities upon the General Assembly. One of those responsibilities is set down in Article 10 of the Charter, which authorises the General Assembly - and only the General Assembly - to discuss any questions or any matters relating to the powers and functions of any organs provided for in the Charter, Article 24 clearly points out that the Security Council carries out its duties under a responsibility entrusted to it by Members of the United Nations so that it may act on their behalf. Anyone reading these texts and observing us from the outside would assume that there could be few items in a regular session of the General Assembly that require such preparation, intellectual effort and preliminary discussion in this Hall as the item now before us. However, the history of the Organization appears to suggest quite the opposite. The General Assembly receives a voluminous document which, upon the insistence of certain members of the Security COUnCil, Continues to be identified with the report referred to in the Charter. In fact, it is really nothing more than a compendium of what we all know in advance of receiving it. We all realise that there can be few who will have engaged in the laborious and confusing task of reading it, since it merely contains a list of decisions and resolutions adopted or considered in formal meetings by the Council in a period expiring on 15 June. Thus, the General Assembly will not learn - at least officially - of the Council's activities during the late summer and through the autumn until December 1992, when it will receive another compendium of documents which we have all already received at our respective diplomatic missions throughout the period allegedly covered by the document. In our opinion, the first thing that we, as members of the General Assembly, should do is to consider what kind of report we need in order to be able to fulfil the responsibility entrusted to us by the Charter, and what measures, changes or opinions should be stressed before the General Assembly in order for that information to be in line with the obligations and requirements of the Council. The Council must be able to report on and account for its work and the Assembly must then be able to give serious consideration to the Council's work. We also believe that this should be a responsibility of the members of the Security Council, I must say that my delegation, based on these criteria, tried to get the Security Council to take up the matter. We put to the other members a proposal we thought in no way excessive: the establishment of a Security Council working group to revise the way in which the Council reports to the General Assembly and to consider possible ways to improve the way in which the Council fulfils that responsibility. That was among a number of proposals we submitted to the Council last July; it therefore does not fall within the period that, for reasons someone - but not my delegation - must know, is covered by the present report. The events of July 1991 will be brought to the notice of the General Assembly only towards the end of the next session: in December 1992. Of course, it would be naive to think that our proposal and what the Council in its wisdom decided to do or not to do about it will be reflected in next year's Security Council report. I am certain that the Assembly will learn nothing about the proposal, about what happened to it or about why the Council decided to act in the way it did. Why should that be? Because, despite its enormous size, this report does not say a single word about the bulk of the Council's real activities. In fact, over the past few years the Council has devoted more and more time to meetings and encounters for which 110 provision is made in the Charter or in the Council's provisional rules of procedure - meetings not reflected in its report to the General Assembly. I am referring to so-called informal consultations. I challenge anyone to track down a single reference to that peculiar procedure in the voluminous report before the Assembly. More than one international problem, more than one request by a member of the General Assembly has been considered - or, to be generous, "dealt with" - by means of that contrived procedure for which the Council is not accountable, a procedure that enables the Council not t0 fulfil its mandate t0 report t0 the Assembly in such a way that the Assembly will have at least Some idea of what the Council actually did during the reporting period - and Of what it failed to do. In July we made some impressive gains. We succeeded in ensuring at least some progress on what has been called transparency in the affairs of the Council - and all speakers on the item yesterday and today referred to this aspect. Thus, from today's Journal members of the Assembly can learn that later this morning there will be closed Security Council consultations of the whole and that a formal meeting will be held this afternoon. Still, we were unable to achieve what was regarded as an excessive request: an indication in the Journal of the subject of informal consultations, or for that matter of formal meetings. Nothing in the rules of procedure or the Charter bars us from revealing such "secrets", so I wish to announce the subject of the consultations the Council will be holding shortly - not at the announced time, of course, since if members of the Council are consistent in any way it is with respect to never starting any meeting less than an hour late. The Council will conduct very private, very discreet consultations on a peace-keeping operation and on possible changes in its financing. At that private, closed meeting fleetingly referred to in the Journal, decisions could be taken involving additional financial responsibilities for all members of the General Assembly. Yet Assembly members cannot even learn what the 15 distinguished members selected to take decisions on their behalf decide about whether or not there are to be additional assessments. That is an example of the kihd of thing my delegation views as inadmissible: that the activities of a principal organ of the United Nations should move along unknown paths, using methodology not provided for and making it impossible for the rest of the Organization's membership even to learn the subject of a given meeting. That is particularly inadmissible for a body that has a clear Charter obligation to report to the General Assembly, which in turn has the obligation to receive the report, consider it and take action on it in accordance with the wishes of the majority. Ambassador Raaali of Malaysia touched on one consequence of the situation in the Council, with which my delegation too has had experience. It relates to the question of Palestine. A few weeks from now, my country's term as a non-permanent member of the Security Council will expire, bringing to an end 24 months of activity on a body where we have had a variety of experiences on the queslian of Palestine, and particularly on the question of the settlement of foreign settlers in the occupied territories. That was the first matter we faced when we joined the Council; the first request for the Council to consider an international problem, We spent 24 months witnessing the Council's inability to take any meaningful action on that subject. During that period, in this same room, my delegation together with a great majority of the members of the Assembly, voted on more than one resolution of the General Assembly which receives the report of the Security Council and has the authority, under the Charter, to review its activities, omissions and methods and to request it urgently to consider that same subject and adopt appropriate decisions. It is clear that, especially in the recent past, a situation has emerged which is at variance with what is clearly set forth in the Charter and which has a severe impact on the functioning of the Organisation. It should be first on the list of priorities when the General Assembly considers aspects of our work aimed at promoting greater efficiency and a higher quality in our activities. It is our view that it is very appropriate for the General Assembly to consider and explore ways and means of improving its activities, but it must begin to do so by giving serious and thorough consideration as to how it can meet, in the best possible way, the obligations conferred upon it by the Charter, especially in so far as concerns its relations with the other principal organs of the United Nations. For example, my delegation feels that it would not be unduly complicated for the Assembly to tell the Security Council certain things about ways in which the Assembly would be better able to consider the report of the Security Council now before it. There has been much discussion about the reasons why the annual report runs from June to June, creating a situation such as that mentioned by Ambassador Razali, who was referring to a period during which he was a member of the Council until his term ended nearly a year ago. The same will be true of me a year from noti. Last year, I considered the report covering a period during half of which my country had not been a member of the Council. There may be very compelling reasons and there are oral traditions in the Council - legends as it were - which are passed on orally through which we non-permanent members have found out that there are certain reasons for the cut-off date of 15 June and not a time closer to the meeting of the General Assembly. I wonder, however, whether the information is complete in June and whether it can truly be reduced to a compendium of publicly known documentation, Is it essential that the report should reach us just before the Assembly completes its work for the year? Does it mean that a document covering a period ending on 15 June cannot be considered by the Council during the rest of the summer before the start of the General Assembly or that it could not be submitted to us at the beginning of each session of the General Assembly? Elementary common sense requires that it should be. A contrary argument is that the period covered by the report should end closer to the opening of the General Assembly. Among those legends transmitted by oral tradition, one is that the report only runs to 15 June. The other argument is that it is provided to members of the Council in a Very discreet manner, a very confidential document. It is submitted to us in the autumn and we meet again - of course in secret - in order to adopt it without any further discussion after the beginning of the General Assembly. And the General Assembly, through custom and practice, agrees that we should consider it now, at the very end of the annual work of the Assembly, when it is difficult to assume, even theoretically, that this principal organ is going to make any real recommendation about the information in the report now before us. It should be the reverse. If the report can only cover the period up to mid-June, the Security Council should meet in the summer - in July - and adopt its report. We are not convinced that that meeting of the Council should necessarily be secret because its purpose is to adopt a report which later is to be sent to and considered by the entire membership of the Organisation. However, if that important tradition of secrecy needs to be preserved, the members of the Council should meet privately but at a time that would enable the Assembly to meet its responsibilities to a minimum extent. At any rate, I believe that the General Assembly should impose a limit - say, the beginning of September - by which the relevant information should be submitted to all members of the General Assembly so that we can, at an earlier stage in our work, exchange views on the activities of the Council, on what it did or did not do. We could state our views and the Security Council, under the terms of the Charter, could have the minimim courtesy, at least theoretically, to meet while the General Assembly is still in session and consider giving some thought to or, more likely, ignoring the recommendations and views of the General Assembly. But since we have to concern ourselves with appearances, we are disheartened to find ourselves now taking part in an annual exercise in which the General Assembly is practically winding up its activities by the time it receives this report and is virtually incapable of doing anything with it. I call upon the Members of the Organisation to give the most serious thought to this guestion, I suggest that we do so within the framework of our consultations which axe motivated by the desire of many delegations to improve the efficiency of this principal organ and to establish better conditions for our work. We should not continue with our perfectly legitimate concerns on ways of improving our work, without first beginning a thorough review of the way we are fulfilling one of the most important obligations conferred upon the Assembly by the San Francisco Charter. Not to do so would mean a serious failure on our part to live up to our responsibilities. It would do nothing to strengthen, to revitalize or to improve the workings of the General Assembly. It is obviously necessary for us to work on these relatively important issues but we would fail in our duty if we were to do so without considering the manner in which the General Assembly fulfils its fundamental responsi0ility. debate on the **Question of equitable representation on and increase in the membership of the Security Council". Many of the issues addressed by speakers related to the need seriously to consider the future structure and functioning of the Council as they should reflect the new realities evolving in the international scene. Today, as the General Assembly considers the report of the Security Council, in conformity with the mandate given it in Articles 15 and 24 of the Charter, I should like briefly to address a few questions related to the present functioning of the Council. The members of the Security Council deserve the recognition of the General Assembly for the work they have accomplished during the past year, a period in which so many momentous and extremely complex issues were brought to the attention of our Organization. The fact that the Security Council has gained new vitality in the wake of the demise of the cold war is in our view a very auspicious development. We have witnessed a new disposition for constructive dialogue among the members of the Council, more political will for flexibility and accommodation, more determination for prompt and effective action, In fact, in accordance with Article 24, paragraph 1, of the Charter, it was precisely "to ensure prompt and effective action" by the Organization that the whole membership of the United Nations decided to "confer on the Security Council primary responsibility for the maintenance of international peace and security". It was also agreed that "in carrying out its duties under this responsibility the Security Council acts on . . . behalf" of the Members of the United Nations. On the one hand, one Of the reasons for the delegation of powers to the Security Council was t0 ensure effectiveness of action. On the other hand, in acting on behalf of all the Members of the United Nations, the Council is responsible for adequately representing their collective will. In this respect, many relevant observations were made yesterday concerning the question of the representative nature of the Security Council. Today my remarks focus on the question of the accountability that should derive from such representation. In exercising their responsibilities under the Charter, the members of the Security Council must obviously engage in intense consultations among themselves, for such consultations are an essential part of parliamentary decision-making procedures. But we believe that no less important is the need to listen to the wider membership of the United Nations in order adequately to ascertain and reflect the sense of the majority, if not the consensus, of the international community. In this regard, my delegation views with some concern the recent trend towards formal adoption of important resolutions and decisions by the Security Council at very brief meetings, which are convened at short notice and in which non-members of the Council are not given the opportunity provided for in Article 31 of the Charter to participate directly in the discussion of questions brought before the Council. In several instances the resolutions thus adopted deal with very sensitive political questions that, directly or indirectly, affect the legitimate interests of a wider group of countries. They also frequently entail a heavy financial burden to Members of the Grganisationl as reElected in the increasing number and size of peace-keeping operations. Means should be devised to keep Members informed of the activities of the Security Council on a regular and timely basis. It would be unfortunate if the impression were given that Member States of the United Nations had less access than the media to information on certain aspects of the work of the Organization, A minor but also relevant point concerns the need for timely and adequate notification about the meetings to be held by the Security Council. In particular, ways should be devised to inform non-members of the Council promptly and efficiently of the convening of unscheduled meetings of the Council. As the role of the United Nations in the maintenance of international peace and security grows, through its activities of peace-keeping, peace-making and peace-building, it becomes all the more necessary to intensify and broaden the process of dialogue and consultation between the Security Council and the General Assembly. The effectiveness and the prestige of the United Nations in this new era should be predicated on the international community's perception of the equitable character of the Organization's aims and practices. In this connection, we believe it would be useful if all Members of the United Nations were to engage in an exchange of views and ideas on ways and means to strengthen the Organization further by promoting a greater degree of cooperation among its principal organs. The (interpretation from Arabic): May I take it that the General Assembly takes note of the report of the Security Council (A/46/2)? It was so deci&&.
That concludes our
consideration of agenda item 11.
144. Revitalization of the Work of the General System: Draft Resolution (A/46/L.45)
I have been holding
wide-ranging consultations for some time now with members, who are aware of
all aspects of the draft resolution before us now. I hope that we shall be
able to adopt it by consensus.
I should like to mention that nothing in the draft resolution being
presented should be interpreted as limiting or excluding the choice of a
distinguished candidate, especially the foreign ministers who may occupy the
presidency of the General Assembly. In my view, this statement - which will
be fully reflected in the records of the General Assembly - should complement
the draft resolution that is to be adopted.
I should also like to mention in regard to the financial implications of
the draft resolution that the Secretary-General has informed me that if the
General Assembly adopts draft resolution AI46IL.45, the consultations provided
for in paragraph 2 of the draft resolution will be within the terms of its
paragraph 3.
May I take it that the General Assembly decides to adopt draft resolution
A/46/L.45?
Draft resolution A/46/L.45 was adopted (resolution 46/77).
Vote:
46/77
Consensus
The drafting of this
resolution and the reaching of a decision has been a rather long process. I
should therefore like to take this opportunity to congratulate the Assembly on
the decision that has just been adopted, which is a major step in the right
direction.
LAW OF THE SEA
(a) REPORTS OF THE SECRETARY-GENERAL (A/46/722, A/46/724)
(b) DRAFT RESOLUTION (A/46/L.44)
I should like to
propose that the list of speakers in the debate on this item be closed today
at 12 noon. If I hear no objections, it will be SO decided.
It was so decided.
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 now call on the representative of Cape Verde who, in his capacity as
Chairman of the Preparatory Commission for the International Seabed Authority
and for the International Tribunal for the Law of the Sea, wishes to introduce
the dra-ft resolution in the course of his statement.
Mr. JESUS (Cape Verde), Chairman of the Preparatory Commission for
the International Seabed Authority and for the International Tribunal for the
Law of the Sea: As is well know& the Preparatory Commission for the
International Seabed Authority and for the International Tribunal for the Law
of the Sea started its work in 1983. Over the last nine years or so, much of
its work in drafting rules, regulations and procedures has been accomplished,
and I venture to say that, had it not been for the practical problems that
have saddled the Convention on the Law of the Sea since its adoption, we would
have finished the work of the Preparatory Commission some years ago.*
* Mr. Nyakyi (United Republic of Tanzania), Vice-President, took the Chair.
Not having been able as yet to deal with the issues related to the
fundamental problems raised in part XI, the Preparatory Commission still has
an arduous and difficult task to undertake. It might even prove to be an
impossible task if one were to persist in addressing in detail all the pending
issues, the substantive solution of which cannot be found for the time being,
for such a solution has to be premised on data and events not yet known to us.
As I put it elsewhere,
"the problems that we face today in part XI were born out of assumptions
made in past negotiations that have proved, only IO years later, to be at
odds with today's realities. We should thsrefore learn the lesson and
exercise restraint in attempting to find solutions today for the seabed
mining system on the basis of assumptions that might most likely prove to
be in contradiction with the facts and realities of tomorrow's world".
I believe that we must redirect the focus of OUK work in the Preparatory
Commission against this background and attempt to strike an agreement - a
framework agreement, Such a framework agreement, the format and the substance
of which I have dealt with in some detail in other forums, seems to be the
Only approach available to us in order to overcome the impasse in which we
find ourselves.
I believe it is high time for us to concentrate our efforts in those
areas where agreement can be found, It is important that an agreement be
found in the next two years before the entry into'force of the Convention if
it is to be the legal instrument of universal application that it was meant to
be.
The draft resolution submitted this year On this isSUe COntahS
provisions that, if not derailed in their implementation, can assist the
Preparatory Commission in finalising with some degree of success its work as
soon as possible.
On behalf of Australia, Barbados, Belarus, Brazil, Cameroon, Canada,
Chile, Fiji, Finland, Ghana, Guinea-Bissau, Indonesia, Jamaica, Lesotho,
Liberia, Malta, Mauritania, Mexico, Myanrnar, Namibia, the Netherlands,
New Zealand, Norway, Papua New Guinea, the Philippines, Portugal,
Sierra Leone, Sri Lanka, Sweden, Togo, Trinidad and Tobago, Ukraine, Vanuatu,
Zambia and my own country, Cape Verde, I have the honour to introduce the
draft resolution contained in document A/46/L.44 on the law of the sea. This
draft resolution is the result of open-ended consultations and it is, in the
main, the same as the one adopted last year. I shall therefore save the
Assembly’s time by commenting only on the following changes and additions:
In the seventh preambular paragraph the Assembly would recall the
expressions of willingness to explore all possibilities of addressing issues
of concern to some States in order to secure universal participation in the
Convention.
In the ninth preambular paragraph the Assembly would note the progress
made in the Preparatory Commission, including the registration of pioneer
investors and the designation of reserved areas for the Authority.
In the sixteenth preambular paragraph the Assembly would note with
concern the use of fishing methods and practices, including those aimed at
evading regulations and controls, which can have an adverse impact on the
conservation and management of marine living resources,
In the seventeenth preambular paragraph the Assembly would consider the
need for effective and balanced conservation and management of living
resources, giving effect to the relevant provisions in the Convention.
In the eighteenth preambular paragraph the Assembly would take note of
the activities carried out in 1991 under the major programme of marine affairs
and the report of the Secretary-General, as well as of programme 10 in the
medium-term plan 1992-1997.
In the nineteenth preambular paragraph the Assembly would take note of
the Secretary-General's report.
In the operative part of the draft resolution, I underline the following:
In paragraph 2 the Assembly would express satisfaction at the increasing
and overwhelming support for the Convention, as evidenced, inter alia, by the
one hundred and fifty-nine signatures and fifty-one of the sixty ratifications
or accessions required for entry into force of the Convention.
In paragraph 4 the Assembly would note with appreciation the initiative
of the Secretary-General to promote dialogue aimed at addressing issues of
concern to some States in order to achieve universal participation in the
Convention.
In paragraph 5 the Assembly would recognize that political and economic
changes, including particularly a growing reliance on market principles,
underscored the need to re-evaluate, in light of the issues of concern to some
States, matters in the regime to be applied to the Area and its resources and
that a productive dialogue on such issues involving all interested parties
would facilitate the prospect of universal participation in the Convention,
for the benefit of mankind as a whole.
In paragraph 6 the Assembly would call upon all States that had not done
so to consider ratifying or acceding to the Convention at the earliest
possible date to allow the effective entry into force of the new legal regime
for the uses of the sea and its resources and call upon all States to take
appropriate steps to promote universal participation in the Convention,
including through dialogue aimed at addressing the issues of concern to some
States.
In paragraph 10 the Assembly would recall the Understanding on the
Fulfilment of Obligations by the first four Registered Pioneer Investors and
their Certifying States adopted by the Preparatory Commission on
30 August 1990.
In paragraph 11 the Assembly would take note that negotiations OII the
fulfilment of the obligations had already been completed in respect of the
pioneer investor registered in March 1991.
In paragraph 19 it would approve the decision of the preparatory
Commission to hold its tenth regular session at Kingston from 24 February to
13 March 1992 and to hold a summer meeting in New York in 1992.
In paragraph 22 the Assembly would request the Secretary-General to
submit a special report to the General Assembly at its forty-seventh session
on the progress made in the implementation of the comprehensive legal regime
embodied in the United Nations Convention on the Law of the Sea, in the light
of the tenth anniversary in 1992 of its adoption, and to take such action, in
consultation with States, as may be appropriate to mark the occasion.
Lastly, this draft resolution does not contain the text that appeared as
the twenty-third preambular paragraph of last year's resolution, on the
financing of the expenses of the Preparatory Commission, since it was
understood during the informal consultations that its elimination would not in
any way jeopardise earlier decisions that such expenses shall be borne by the
regular budget of the United Nations.
The following countries have joined in sponsoring the text: the Comoros,
Costa Rica, Djibouti, Iceland, India, Madagascar, the Marshall Islands, Saint
Lucia, Samoa, Singapore, the Solomon Islands, and Thailand.
On behalf of the sponsors, I commend this draft resolution to all
delegations, in the hope that it will receive overwhelming Support,
Mr. HATANO (Japan): I should first like to express my delegation's
sincere gratitude to the Secretary-General's Special Representative for the
Law of the Sea, Mr. Satya Nandan, and his staff for their dedicated efforts
throughout the year. Their expertise and competence were manifest in the
various meetings they organized and in the valuable bulletins, studies and
reports they produced. My delegation appreciates particularly the Law of the
Sea Bulletin and the Secretary-General's report (A/46/724) on the law of the
sea for the useful and up-to-date information they provide on Stat@ practices
and on developments in the area of the law of the sea. I am sure these
documents, as well as the recently issued Bibliosraohv on the Law of the Sea
1968-1988 (United Nations publication, Sales No. E/F 91.V.7), will prove to be
a valuable resource for government officials and researchers working in this
field.
I am also pleased to have this opportunity to pay a special tribute to
Ambassador Jose Luis Jesus for his outstanding leadership as Chairman of the
Preparatory Commission for the International Sea-Bed Authority adi for the
International Tribunal for the Law of the Sea. It is thanks in large part to
the skilful manner in which he and the Chairmen of the four Special
Commissions guided the efforts of their respective bodies that the work of the
Preparatory Commission is now reaching its final stage. Most of the remaining
issues will have to be considered in the light of the changes in conditions
surrounding deep-sea-bed mining that have taken place since the Convention was
adopted. These issues should therefore be examined in relation to efforts for
ensuring the universality of the Convention. My delegation hopes that
constructive and efficient discussions towards this end will be held during
the spring session, which, I note, has been shortened by one week.
I would like to confirm that Japan and its pioneer investor intend to
implement faithfully the "Understanding on the fulfilment of obligations by
the Registered Pioneer Investors and their Certifying States", which was
adopted by the Preparatory Commission on 30 August last year. In accordance
with that understanding, the pioneer investor of Japan - together with the
pioneer investors of France and the Soviet Union - completed the preparatory
work for exploration of the mining area reserved for the Authority, and
submitted their report to the Preparatory Commission last August. Japan also
prepared a draft training programme and presented it to the Panel Meeting
which was held during the summer session of the Preparatory Commission.
Taking into consideration the suggestions made during the lively discussions
at that meeting, and pursuant to a request by the Preparatory Commission,
Japan will soon submit a revised training programme.
My delegation welcomes China's registration as a pioneer investor last
spring and Inter-Ocean Metal's registration last summer.
In his statement before this body in 1989, the Chairman of the Group
of 77 made a convincing argument for the importance of ensuring the
universality of the Convention. Now the General Assembly has before it a
draft resolution which gives clear expression to the common recognition by
United Nations Member States of the need to re-evaluate Part XI of the
Convention in view of the political and economic changes that have occurred
since its adoption. Japan welcomes this recognition as an important step
towards a realistic approach to ensuring the universality of the Convention.
I would also like to express my sincere appreciation to Secretary-General
Perez de Cuellar for the initiative he took in establishing a dialogue in an
effort to achieve this goal. My delegation is encouraged that the dialogue
has completed a first round of examination of specific issues. I hope that
the new Secretary-General, Mr. Boutros Ghali, will follow this same productive
approach. Japan, for its part, is ready to extend full cooperation to ensure
that the momentum engendered by the dialogue will csnt;inue to buila.
Next year will be the tenth anniversary af the adoption of the
CO?3V%ntiQl-L* I strongly hope that it will indesd pravo to be a landmmk in
progress toward3 ensuring univarsality.
Mr. FORTIER (Canada): For the first time since the signing of the
Law of the Sea Convention in 1982', some States which had not signed the
Convention have undertaken not to vote against it. This is in itself a major
accomplishment of this year's law of the sea draft resolution, which is about
to be adopted.
As we know, the reason we have not been able to achieve this until now is
not a reflection on the Convention as a whole, which remains one of the most
significant developments in international law. The reason has been a much
narrower one, involving the concerns of some countries with the Convention's
seabed mining regime.
While these concerns have thus far prevented the universal acceptance of
the Convention, they do not constitute an insurmountable obstacle. Thanks to
the tireless efforts of the Secretary-General and his Special Representative,
Mr. Satya Nandan, as well as the reasonable, constructive and far-sighted
attitude of the international community as a whole, a dialogue is well under
way to resolve outstanding concerns and thus facilitate universal
participation in the Convention. The fact that the draft resolution this year
will enjoy more support is a reflection of the progress already achieved.
This year's draft resolution, especially the seventh preambular
paragraph, as well as paragraphs 4, 5 and 6, represents even more. In
Canada's view, they are an endorsement for even more focused discussions, open
to all States, to facilitate universal participation in the Convention.
Canada's position is abundantly clear. Concerns over the Convention's
seabed mining regime need not hold up its universal acceptance. What is
absolutely vital is that we agree on the principles that will govern the
resolution of these concerns when seabed mining approaches commercial
viability.
The most fundamental of these principles are already to be found in the
Convention. They are the common heritage of mankind and the equitable
exploitation of the resources of the Area for the benefit of all countries,
particularly developing States. We must also add the commercial viability of
the seabed mining regime and we have a framework that cannot fail to lead to a
viable and universally accepted seabed mining regime.
We should not rest on our achievements. We must seize this opportunity
and resolve this issue as soon as possible, for we fear that if the
opportunity we now have is lost the integrity of the Convention could be
harmed beyond repair.
I turn now to the conservation and management of living resources in
waters outside national jurisdiction.
The international community has, for some years now, expressed concern
with respect to the living resources of the high seas.
The 1982 Law of the Sea Convention, for example, requires States to adopt
measures for the conservation of the living resources of the high seas and to
cooperate with each other in the conservation and management of such
resources.
The 1987 report of the World Commission on Environment and Development
spoke of the threat to living marine resources posed by over-exploitation,
pollution and land-based development.
The Secretary-General, in his recently released report on the law of the
sea, has underlined in eloquent terms the dimension of the issue and I quote:
*'The elaboration of the law of the sea regime for the rational
management and conservation of high-seas living resources is now firmly
inscribed on the international agenda. While this may be in large part
attributable to the large-scale driftnet fishing issue, it is to be
emphasized that this issue is but one symptom of the larger problems
confronting world fisheries, within national jurisdiction and beyond.
Another symptom is the reports of problems of overfishing by distant
water fleets in the proximity of EEZs." (A/46/724, nara. 130)
The living resources of the high seas have also been the focus of a large
and growing number of regional organizations.
The General Assembly for its part took up this issue for the first time
in 1989 when it adopted resolution 44126, in which it expressed its concern
regarding the use of fishing methods and practices that can have an adverse
impact on the conservation and management of the living resources of the
marine environment. This concern was further elaborated upon by the General
Assembly last year when it adopted resolution 451145 on the issue.
The law of the sea draft resolution before the General Assembly this year
takes up this issue again and carries it further in a number of important
respects.
The sixteenth preambular paragraph criticizes fishing methods and
practices, such as vessel reflagging and inadequate surveillance, control and
enforcement, aimed at evading the regulation and control of high seas
fisheries.
The seventeenth presmbular paragraph recognizes that the measures now in
place to conserve and manage the living resources of the high seas are not
effective and that they do not adequately implement the provisions Of the Law
of the Sea Convention.
Paragraph 21 calls on States to prohibit fishing methods and practices
which can have an adverse impact on the conservation and management of the
living resources of the high seas, and to take the measures required to give
full effect to the applicable provisions of the Convention. This paragraph
further calls on States to comply with the regimes established by regional
fisheries organizations through effective monitoring and enforcement measures.
Effective conservation and management of fisheries is an ever more
pressing issue. Literature published during the course of the last weeks
alone has spoken of problems in the anchovy fishery off Peru, the pilchard
,fishery off Namibia and the tuna fishery off the Philippines, to mention only
a few.
Overfishing by certain distant water fishing fleets off Canada's Atlantic
coast, on the Grand Bank of Newfoundland, has caused serious depletion of
stocks. It has resulted in a reduction of quotas for Canadians and
contributed to the closure of 75 fish processing plants, as well as the loss
of more than 5,000 fishing jobs in the last two years.
The paragraphs related to high seas fishing in the draft resolution we
are about to adopt are important; they are a good start and they must be built
Oil. Principles and measures must be developed that effectively implement the
provisions of the Law of the Sea Convention with respect to the conservation
and management of the living resources of the high seas. This is what this
draft resolution calls for. The United Nations Conference on Environment and
Development offers a unique opportunity to galvanize the international
community to this end. This opportunity must not be lost. Canada and a broad
coalition of other States will Continue to work at that Conference for the
acceptance of principles and practical measures that effectively conserve the
living resources of the high seas not only for the benefit of those fishing
today but also for the benefit of future generations.
this year to change its vote and to abstain on this draft resolution. I
should like to place this decision in perspective.
We are rapidly approaching the tenth anniversary of the adoption and
opening for signature of the Third United Nations Convention on the Law of tha
Sea. In most respects the Convention represents a monumental achievement by
the international community. In large measure it codifies pre-existing
customary international law, but we cannot lose sight of the fact that the
process of its negotiation and national actions anticipating and subsequently
implementing its provisions have contributed to the emergence of many of its
provisions as customary international law. Therefore, my country and the
international community as a whole benefit greatly from its existence.
My Government shares the view of the Secretary-General that a remarkable
degree of conformity exists in State practice with respect to the extent and
exercise of national sovereignty and jursidiction. We welcome the action by
many States to revise their laws and regulations to ensure conformity with
international law. My Government has been active in supporting and promoting
compliance with these provisions and in discouraging claims inconsistent with
international law. We hope that other Governments will also reject illegal
maritime claims, thereby assisting in maintaining a fair balance between the
interests of coastal and maritime States.
Notwithstanding the success of the Convention in general, the
international community failed to achieve a consensus on the issue of deep
seabed mining. Disappointing as that failure may have been, it is perhaps
understandable given the global political and economic environment of the
time. Not only were great Powers engaged in intense strategic and political
competition but two fundamentally opposed economic ideologies claimed wide
support. Western industrialized countries favoured free-market approaches
while many developing Countries viewed Government intervention as the key to
their economic development and thus favoured command economic models. In
addition, access t0 important strategic materials became a major concern
following the oil shocks of the 1970s. Together with these factors, the
perception that the deep seabed mining regime would be the prototype for
addressing other global issues focused great attention on the subject.
Momentous political and economic changes have occurred since the
Convention was adopted. A new environment has emerged in which strategic and
political competition is giving way to greater cooperation, In the economic
sphere equally dramatic change is in process, Democratic reform is being
accompanied by free-market reforms not only in Eastern Europe but within the
developing world as well,. Latin America is a striking example. The economic
reform programmes being pursued throughout the region have begun to reverse
the economic stagnation and decline that characterised the last decade and a
clear pattern of economic growth is beginning to emerge,
We have voted against the law of the sea resolution in the past because
Of its failure to acknowledge that many Governments have serious problems with
the Law of the Sea Convention's regime to govern deep seabed mining, its
praise for the Preparatory Commission's implementation of that regime, and its
unqualified calls for early ratification. This year's draft resolution,
however, departs from earlier resolutions in several important respects. Of
greatest significance is its acknowledgement for the first time that political
and economic changes, particularly growing reliance on market principles,
underscore the need to re-evaluate matters in the seabed mining regime in the
light of the issues of concern to some States. My Government Views the
changes in the draft resolution favourably and welcomes the changing attitudes
which they reflect. We are gratified and pleased by the willingness of the
sponsors of the draft resolution to acknowledge these significant points.
Therefore, we shall abstain rather than vote against this year's draft
resolution. We do not vote in favour of the draft resolution because we wish
to dissociate ourselves from its support for the activities of the Preparatory
Commission in preparing for the entry into force of a seabed mining regime
which we believe to be seriously flawed, and the unqualified calls for early
ratification of the Convention. Our inability to vote in favour should not be
seen as diminishing the significance which we attach to the changing attitudes
reflected in the draft resolution. Nor should it be seen as prejudging our
assessment of the informal discussions the Secretary-General has initiated,
My Government has fundamental objections to the seabed mining regime of
the Law of the Sea Convention. Our participation in discussions hosted by the
Secretary-General is for the purpose of assessing the attitudes of others
regarding our objections to the Convention. Whether further activities are
justified, and if so what form they may take, depends largely on the degree to
which the discussions demonstrate a willingness to translate the new thinking
alluded to in the draft resolution into the reality of a seabed mining regime
that provides a secure and stable investment climate through reliance on
market principles. Because my Government continues to support and promote the
balance struck in the remainder of the Convention, it is my hope that a way
can be found to achieve this transformation and through it the broader
objective of a universally accepted Convention,
I should also like to take a moment to comment on the importance of the
Convention with respect to the protection of the marine environment and its
should be the basis for resources. The Convention's provisions in this area
major initiatives to deal with land-based sources of marine pollution,
conserve high seas fishery resources, protect particularly sensitive marine
areas and develop systems for the monitoring of the health of the world's
oceans, By serving as the basis for such action, the Convention ensures that
initiatives will be accomplished in a manner that accords with the
international community's interest in navigation and overflight. For our part
we remain heavily committed to this objective.
Once again 1 should like to point out that the United States does not
view the call upon all States to safeguard the unity of the Convention as a
limitation on either the right or the duty of all States to act in accord with
those portions of the Convention which reflect customary international law.
In conclusion, let me express the deep appreciation of my Government for
the efforts of the Secretary-General, as well as those of the
Under-Secretary-General responsible for the law of the sea, in the critical
area of advancing international law of the oceans.
Mr. MAJNOCZI (Austria): The Austrian delegation is pleased once
again to have the opportunity to make a modest contribution to the debate on
the highly important question of the law of the sea.
First of ail, I wish to express our gratitude to the Office for Ocean
Affairs and the Law of the Sea, and in particular to the Special
Representative of the Secretary-General for the Law of the Sea,
Under-Secretary-General Satya Nandan, The documentation before us impreSSeS
ust as usual, by its thoroughness. For Austria as a landlocked country, this
documentation constitutes not only a necessary source of comprehensive
information but also a valuable contribution to the ongoing discussions in
general and to the deliberations in the General Assembly in particular.
We should also like to express our appreciation for the efforts of the
Office for Ocean Affairs in advising and assisting States, at their request,
with respect to the implementation of the Convention as well as for the
compilation and publication of all relevant national and international
legislation.
Austria notes with concern that national legislation does not always
conform to the rules of the United Nations Convention on the Law of the Sea.
Such developments may upset the delicate balance that has been established by
the provisions of the Convention and that formed a basis for its acceptance by
the land-locked and geographically disadvantaged States. It has to be noted
that particularly the rights of those States, as laid down in tbe Convention,
are not always fully reflected in national legislative acts.
Furthermore, my delegation considers it as a matter of concern that
States are often tempted to rely only on those parts of the Convention that
suit their interests. In the view of the Austrian delegation, such practice
may disturb the equilibrium achieved by the Convention between conflicting
interests of various States and therefore, in the long run, endanger its
effectiveness.
Issues relating to the protection and preservation of the marine
environment will be among the principal future challenges to the effective
implementation of the Convention, which tries to establish a balance between
the rights and freedoms of States, on the one hand, and effective protection
of the marine environment, on the other.
In this context, I should like to express more particularly my
delegation's concern with regard to the state of conservation and management
of the living resources of the high seas. While the Convention provides a
legal framework for collective action to ensure the sustainable management of
the living marine resources of the high seas, all States do not seem to be
sufficiently prepared to incur the duties deriving therefrom. The use of such
harmful fishing practices as large-scale pelagic driftnetting and overfishing
threaten the survival of certain living resources. In this context, my
delegation welcomes the recent adoption by the Second Committee of a draft
resolution calling for the full implementation of a global moratorium On
large-scale pelagic driftnet fishing by the end of 1992. With that decision,
the international community has taken an important step towards giving full
effect to the relevant provisions of the Convention.
MY delegation has drawn attention to the problem that some States, while
benefiting from the achievements of the Convention, do not always seem
sufficiently prepared to shoulder their duties deriving from it. At the same
time, it must be noted that many developing countries are not in a position to
benefit from their rights enshrined in the Convention owing to their lack of
resources and necessary scientific and technological capabilities. We
therefore wholeheartedly support the request made to such competent
international organizations as the United Nations Development Programme, the
World Bank and other multilateral funding agencies to intensify their
financial, technological, organisational and managerial assistance to
developing countries in this field,
The Preparatory Commission for the International Sea-Bed Authority and
for the International Tribunal for the Law of the Sea has already resolved
several difficult issues and has thereby laid a solid basis for further
endeavours in this direction. In this context, I should like to refer to the
great effforts that have been made to resolve the problems relating to pioneer
investors. The Preparatory Commission has already been able to register six
Pioneer investors and to conclude the negotiations on the fulfilment of the
obligations of five of those pioneer investors. The Understanding on the
Fulfilment of Obligations by the first four Registered Pioneer Investors and
their Certifying States adopted by the Preparatory Commission on
30 August 1990 is certainly a landmark in the history of its negotiations. It
proves the problem-solving capacities of the Preparatory Commission with
regard to the obligations of the remaining and future pioneer investors and
emphasizes the important competence of that body with regard to the
implementation of resolution II of the Third United Nations Conference on the
Law of the Sea,
My delegation would, in this context, like to thank the Chairman of the
Commission, Ambassador Jesus, for his outstanding contributions to the work of
that body. His unrelenting and energetic efforts merit particular praise, I
wish to assure him of the continued and wholehearted support of the Austrian
delegation in carrying out his difficult task.
Nine years have now passed since the adoption of the United Nations
Convention on the Law of the Sea. During those years the international order
has undergone fundamental changes. The contest between two political and
economic systems has given way to dialogue and, especially, to growing
awareness of the crucial importance of market mechanisms for the benefit of
mankind. These political and economic changes have influenced the ongoing
efforts to arrive at a universally accepted regime to be applied in the area
and its resources. The Austrian delegation is of the view that these efforts
will be fruitful only if we try to create the conditions for an effective,
market-oriented system that will be economically viable as well as
environmentally sound and if we secure the acceptance of those States with
advanced technical and financial capabilities to carry out activities relating
to the exploration and exploitation of the resources in the area. A
Convention that would not be adhered to by those countries would, in the view
of my delegation, remain a torso and could not realize the aspirations, which
originally engendered its elaboration, to form a viable and equitable legal
regime encompassing all the members of the international community for the
benefit of humanity,
We will thus have to consider ways and means of re-evaluating the regime
to be applied in the area and to its resources in a pragmatic and flexible
manner, taking into account the changed political and economic circumstances
that have occured since these provisions were drafted.
Since 1990 several rounds of consultations have been convened by the
Secretary-General to address issues of concern to some States in order to
achieve universal participation in the Convention. The Austrian delegation
would like to thank the Secretary-General for this initiative which, in our
view, has proved to be very helpful in assessing the main impediments to a
universal participation in the Convention. We would like to include in our
thanks the Representative of the Secretary-General, whose work has proved to
be instrumental for the fruitful outcome of those consultations. Based on
their result, it should be possible for a universal forum to address the
issues identified and to try to find, in a spirit of compromise and based on
the principle of consensus, a way to a universally acceptable regime for the
area and its resources.
We welcome the present draft resolution on the Law of the Sea as an
important step in the ongoing efforts to reach an effective and universal
legal order of the seas. We hope that it will pave the way for a renewed and
universal dialogue on the outstanding issues, a dialogue including all
interested parties, be they signatories of the Convention or not and whether
they be involved in current problem-solving efforts or not. The draft
resolution indicates that the time may be ripe for such a universal effort to
overcome the outstanding problems and, it is hoped, to arrive at the goal of
universal participation in a comprehensive Legal regime governing all maritime
uses.
The coming year will mark the tenth anniversary of the adoption of the
United Nations Convention on the Law of the Sea. It may also mark a new stage
in the ongoing'efforts to arrive at a universally accepted legal order of the
seas. Austria is prepared to take part in and to lend its full support to any
endeavour aimed at achieving that goal.
Mr. OUDOVENKQ (Ukraine): The delegation of Ukraine participates in
the debate on the agenda item "Law of the Sea" at each session of the General
Assembly. However , it gives me special pleasure to address this high forum
today, since this is the first opportunity for us to make a statement to the
General Assembly in plenary meeting after the referendum of 1 December in
Ukraine. On that day over 90 per cent of the ballots were cast in favour of
Ukraine's independence. Thereby "The Act of Proclamation of Independence of
Ukraine" promulgated by the Ukrainian Parliament on 24 August this year was
ratified by the overwhelming will of the Ukrainian people.
On 30 September the General Assembly was addressed from this rostrum by
Leonid Kravchuk, who has now been elected the first President of the
independent Ukraine, and is thus the commander-in-chief of our armed forces.
In the appeal entitled "TO Parliaments and Peoples of the World", which
was adopted on 5 December 1991, the Verkhovna Rada of Ukraine stated:
"Ukraine is building a democratic State based on the rule of law,
whose immediate objective is to guarantee human rights and freedoms. ,..
"Ukraine, one of the founding States of the United Nations, in full
accordance with the purposes and principles of the Charter of the United
Nations, will conduct a foreign policy aimed at strengthening world peace
and security and encouraging international cooperation in the solution of
environmental, energy, food and other global problems. Ukraine's foreign
policy will be based on the universally recognized principles of
international law."
I would like' also to announce that on 8 December this year, in
implementation of its newly acquired statehood, Ukraine signed an Accord on
Commonwealth of Independent States with Belarus and Russia.
The Commonwealth is based on principles which in no way infringe the
sovereignty of its parties. As before, Ukraine intends to pursue an
independent foreign policy, which will be governed by our national interests.
The Community of independent States is open for accession by all
Republics of the former Union of Soviet Socialist Republics as well as other
States sharing the goals and principles of this Accord.
The members of the community intend to pursue the policy of strengthening
international peace and security. They guarantee the fulfilment of
international obligations arising for them out of the treaties and agreements
of the former Soviet Union, and will also ensure unified control of nuclear
weapons and their non-proliferation.
The maritime policy of Ukraine is bound to become one of the major
elements of its foreign policy. The drawing up of my country's future
maritime policy proceeds from the geopolitical stance of Ukraine. As we
become further aware of our national interest in the'uses of the world's ocean
resources, we must take into account such factors as the geographical location
Of Ukraine and its Black Sea coast, the availability of warm-water ports and
its shipbuilding industry, the condition of its transportation network and its
overall economic potential.
With its 52 million people, Ukraine is one of the mOSt p0pUlOUS ShteS Of
Europe. Its territory is larger than the territory of any Western Or Eastern
European country save that of Russia. Ukraine accounts for nearly one fifth
of the industrial output and almost one quarter of the agricultural production
of the Soviet Union;
There are a number of well-equipped ports along the Ukrainian Black Sea
coast, which, as I have said, are open throughout the year. Ukraine has a
well-developed shipbuilding industry; a wide variety of vessels is launched
from Ukrainian shipyards. Fishing vessels from Ukrainian ports are engaged in
fishing activities in the waters of the Atlantic Ocean. Oceanographic ships
of the Ukrainian Academy of Sciences conduct marine scientific research in
different regions of the globe.
While implementing its maritime policy, Ukraine intends strictly to
follow both the letter and spirit of the United Nations Convention on the Law
of the Sea. In this connection we share the view of the Secretary-General:
"The Convention provides the indispensable foundation for the
conduct of States in all aspects of ocean space, its uses and resources,
to such an extent that it has now become possible for States actively and
confidently to consider building on its single and authoritative basis,
recognizing the dynamic nature of international legal development. The
unique role and status of the Convention'is also a central consideration
in facing issues where maritime and coastal State interests may conflict,
and where the individual exercise of sovereign and jurisdictional rights
may impinge upon the rights of the international community, as is
becoming more evident in the field of marine environmental protection and
conservation." (A/46/724, oara. 2)
My delegation would like to express its deep appreciation to the Special
Representative of the' Secretary-General, Under-Secretary-General Satya Nandan,
for the preparation of the lucid and comprehensive reports before us. These
reports constitute an excellent source of information and provide us with a
good basis for deliberations at this session.
We largely share the views expressed in document A/46/724, especially
those conclusions contained in chapter IV of part one on the protection and
preservation of the marine environment and on the conservation and management
of living marine resources. The Convention plays an important role in this
field as an instrument for environmentally sustainable development.
We would also like to commend the United Nations Secretariat for the
report on large-scale pelagic drift-net fishing and its impact on the living
marine resources of the world's oceans and seas (A/46/615). It proved to be a
solid contribution to the search for a solution to this important problem of
the law of the sea and it served as a good basis for the debate on this issue
in the Second Committee.
The.report on the realization of benefits under the Convention in
response to needs of States (A/46/722) aptly supplements the first report on
this subject (A/45/712) presented last year. The two reports, when read
together, present a global overview of the state of affairs with regard to the
realisation by States of the benefits under the Convention. It is indeed a
broad review of national, regional and international perspectives and
objectives, experiences and capabilities in this field.
This report draws the conclusion that developing countries are often
unable to benefit from the new opportunities because their capabilities and
resources are limited or already committed to existing non-marine development
sectors. It is obvious that one of the most important elements in the
national policy development in this field is the acquisition of data and
information related to basic oceanographic and marine resources. We share the
view expressed in the report that:
"The cooperation between the researching States and developing countries
with respect to marine scientific research in the exclusive economic
zones of the latter, incorporated in the Convention, can also be utilized
for this purpose". (A/46/722, oara. 188)
As I have already mentioned, Ukrainian ships conduct marine scientific
research in the world's oceans. We will gladly discuss any suggestions
regarding cooperation and joint research in this field.
The United Nations Convention on the Law of the Sea stands out as one of
the major accomplishments of the efforts of the international community
towards the codification and progressive development of international law,
Besides being an extremely important legal instrument, the Convention is also
a comprehensive programme of cooperation in the uses of the world's ocean
resources. This programme should be implemented by means of the mechanisms of
the United Nations. We need a broker who can effectively bring together those
who need assistance in the marine field and those who can provide such
assistance. The United Nations Office for Ocean Affairs and the Law of the
Sea, under the able leadership of Under-Secretary-General Satya Nandan, could
act as a catalyst in this process.
Yesterday, the sixth round of the Secretary-General's informal
consultations on outstanding issues relating to the deep-seabed-mining
provisions of the United Nations Convention on the Law of the Sea was
concluded. We have already pointed to the evident usefulness of these
consultations at previous sessions of the General Assembly. The
Secretary-General's initiative was undertaken in response to the invitation of
the General Assembly to all States to make renewed efforts to facilitate
universal participation in the Convention.
Consideration of the remaining four issues - production policy, a
compensation fund, financial terms of contracts and environmental issues - has
completed the examination of all core problems which inhibited some States
from ratifying or acceding to the Convention. The consultations proved to be
effective. A solid foundation has been laid for further negotiations. Now,
the progress could be speeded up if the Secretariat were to prepare more
precise and detailed drafts based on the approaches discussed at the
consultations,
Commenting on the consultations last year, we expressed hope for the
adequate representation of Eastern European States in this forum. We note
with satisfaction that the next round of consultations will be open to all
States that wish to participate. We believe in the ultimate success of these
negotiations, which would allow a wide majority of countries, including
Ukraine, to ratify or accede to the Convention.
The progress in these negotiations should greatly enhance the work of the
Preparatory Commission for the Seabed Authority and the Law of the Sea
Tribunal. The Preparatory Commission is approaching the final stage of its
work, Efforts should be concentrated on the remaining outstanding issues.
Special thought should be given to the completion of the drafting of the
deep-seabed-mining oode.
This yearr as in years past, Ukraine co-sponsored the draft resolution on
the agenda item "Law of the sea". This document is the result of complicated
negotiations; it is drafted in a very positive way. We hope that at the
present session it will receive no negative votes. In this connection, I note
with great satisfaction a change in the position of the United States
delegation.
Mr, ARAUJO CASTRO (Brazil): Brazil attaches particular importance
to this debate in the General Assembly on the law of the sea. Nine years ago,
when the United Nations Convention on the Law of the Sea was open for
signature, the international community commemorated what was felt to be the
successful conclusion of one of the most comprehensive, time-consuming and
complex processes of diplomatic negotiation, Fifteen years earlier, a
memorable speech made in the General Assembly by a man of vision, Ambassador
Arvid Pardo of Malta, had presented to the world the idea that was to inspire
this unprecedented effort by the United Nations,
For years, representatives of States large and small, powerful and
vulnerable, rich and poor, coastal and land-locked, came from all parts of the
world to meet in New York, Geneva and Caracas to discuss the many interrelated
issues at stake, first in the Ad Hoc Committee to Study the Peaceful Uses of
the Seabed and Ocean Floor beyond the Limits of National Jurisdiction, then in
the Committee entrusted with the preparatory work for the Conference, and
finally in the 11 sessions of the Third United Nations Conference on the Law
of the Sea.
In its 320 articles and 9 annexes, the United Nations Convention on the
Law of the Sea, which was finally signed at Montego Bay on 10 December 1982,
established a carefully negotiated set of legal norms and principles governing
all forms of human activity in areas covering more than two thirds of our
planet.
The Convention is a product of international understanding and
cooperation that stands out as one of the most notable achievements in the
history of the United Nations. It regulates subjects as diverse as, among
many others, the rights of States in interior waters, in the territorial sear
in archipelagic waters, in the contiguous zone, in the exclusive economic
zone, on the continental shelf, in straits used for international navigation
and on the high seas; the definition of baselines and of the outer edge of the
continental margin and the delimitation of marine spaces between States with
adjacent or opposite coasts; innocent passage, transit passage and freedom of
navigation; the rights of land-locked and geographically disadvantaged States;
the conservation and management of living resources; the protection and
preservation of the marine environment; marine scientific research and the
development and transfer of marine technology; and the settlement of
disputes. The Convention also establishes the regime for the area of the
seabed and ocean floor beyond the limits of national jurisdiction and its
resources, which are the common heritage of mankind.
It is unquestionably a valuable and extraordinary body of international
law. In the words of Secretary-General Javier Perez de Cuellar on the
occasion of the final session of the Conference at Montego Bay in December 1982:
"This Convention is like a breath of fresh air at a time of serious
crisis in international cooperation and of decline in the use of
international machinery for the solution of world problems. Let us hope
that this breath of fresh air presages a warm breeze from North to South,
South to North, East to West and West to East, for this will make clear
whether the international community is prepared to reaffirm its
determination to find, through the United Nations, more satisfactory
solutions to the serious problems of a world in which the common
Nations Conference on the Law of the Sea, vol. XVII, p. 135, para. 42)
Fifty-one instruments of ratification or accession have so far been
deposited, and it is to be expected that we will soon reach the required
number of 60, 12 months after which the United Nations Convention on the Law
of the Sea will enter into force. But we cannot fail to be very seriously
concerned at the fact that the majority of the Member States of the United
Nations, including practically all developed States, have still not taken the
decision to ratify or adhere to the Convention.
(Mr. Arauio Castro, Brazil)
Having signed and ratified the Convention after a very careful process of
evaluation by the executive and legislative branches of Government, Brazil is
committed to keeping the Convention alive. We are committed to preserving the
integrity and the unified and equitable character of the legal regime it
defines for the different areas and uses of the world's oceans. For that
reason we are also strongly committed to promoting adherence by all States to
the Convention. The participation of the entire international community is
clearly necessary to ensure the effectiveness of the Convention's provisions.
In that connection, the Brazilian delegation wishes to express its
recognition to the Secretary-General, Mr. Javier Perez de Cuellar, for the
lead that he, as the depositary and custodian of the Convention, has taken in
furthering its purposes and principles and in promoting the integrity of the
Convention. The Secretary-General, is to be congratulated in particular for
the timely initiative he took last year to begin a process of dialogue among
interested parties on what have been defined as "issues of concern to some
States", with a view to achieving universal participation in the Convention.
As the interim period draws to a close and as we look forward to the
entry into force of the Convention, the question of its universality acquires
special significance. Since June 1990, considerable progress has been made in
the dialogue conducted by the Secretary-General in identifying the issues
fhich have hitherto inhibited certain States from ratifying or acceding to the
:OWention and in holding preliminary and informal discussions on the basic
)utlineS Of possible solutions for these problems,
Brazil has been taking part in that dialogue in a constructive spirit and
In the understanding that, without prejudice to the positions of different
lelegations on specific issues, all delegations that are participating in the
exercise accept the fundamental principles underlying the Convention. It is
our understanding in particular that all those delegations without exception
accept the principle that the Area and its resources are the common heritage
of mankind.
As recognised in the draft resolution we have before us in document
A/46/L.44, recent political and economic changes underscore the need to
re-evaluate certain aspects of the international sea-bed regime. But those
changes do not invalidate the principle, stated in the preamble of the
Convention, that the problems of ocean space are closely interrelated and need
to be considered as a whole. The Convention is not a patchwork of
regulations. It is a carefully constructed and drafted comprehensive
international legal regime which was negotiated by consensus and whose
intricate balance must be preserved.
The principle of the common heritage of mankind rules out any
appropriation of the Area or its resources and should be understood in terms
of the collective management of resources for the benefit of mankind as a
whole. The principle of the common heritage implies an institutional and
regulatory framework in which States will cooperate to ensure the equitable
management of the resources of the Area.
Creative forms of interpretation and implementation of the basic
provisions of part XI of the Convention may hold out the prospect for devising
an institutional framework that is effective and not onerous and is an
appropriate regulatory framework for the activities of the International
Sea-Bed Authority and of investors. It is to be expected that the ongoing
discussion in the Preparatory Commission on the draft rules and regulations of
the Authority will yield fruitful results.
The vitality Of the Preparatory Commission has once again been borne out
by the registration at the resumed ninth session of the sixth pioneer investor
under resolution II of the Third United Nations Conference on the Law of the
Sea, Interest in the benefits of the parallel system as envisaged in the
Convention has clearly not abated. Its application in the interim period has
resulted in elaborate and far-reaching understandings concerning the
cooperative and rational management of non-renewable natural resources spread
out over vast areas beyond the limits of national jurisdiction.
The importance of the Preparatory Commission as a negotiating forum has
also been attested to by the ongoing discussion on the draft rules and
regulations on prospecting and exploration for and exploitation of
polymetallic nodules in the Area. The successful outcome reached at the last
Kingston session on the draft regulations on accommodation of activities in
the Area and other activities on the high seas is a case in point. It proved
possible for the first time to reach agreement on a significant portion Of the
draft mining code. The ultimate consolidation of the various ContraCtual
obligations and production policies provided for in part XI and annex 1x1 of
the Convention should offer an opportunity for bridging the gap between the
different interests at stake.
Credit for the successful work of the Preparatory Commission is due to a
large extent to the fact that we have been fortunate to benefit from the
experience, the dedication and the diplomatic skill of its Chairman,
Ambassador Jose Luiz Jesus, the representative of a country, Cape Verde, with 1
such a strong maritime vocation.
(Mr. Arauio Castro. Brazil)
Brazil is among the sponsors of the draft resolution On the Law Of the
Sea, which was introduced this morning by the Chairman of the Preparatory
Commission. The consultations held this year have made it possible to
accommodate the concerns of some States which have had difficulties with
certain provisions of our annual draft resolution on this subject. It is to
be expected that the conciliatory attitude on the part of the sponsors will
result in a greater commitment by all parties concerned to the comprehensive
legal regime contained in the Convention, whatever doubts they may harbour
about specific aspects of the Convention or about the ways and means of their
implementation. We would also expect that by next year our draft resolution
on this subject might finally be approved by consensus.
Such a development would be greatly facilitated if, as we hope, the
Secretary-General-elect, Mr. Boutros Boutros Ghali, decides to carry on the
process initiated last year, which has provided a good basis for further
consultations with a view to the promotion of universal participation in the
United Nations Convention on the Law of the Sea. We would also expect that
informal dialogue to go beyond its present exploratory and preliminary stage
and move closer to what might be described as a negotiating mode.
In this context, we would favour, as suggested in paragraph 20 of the
report of the Secretary-General (A/46/724), the widening of the participation
Of Member States in the consultations conducted by the Secretary-General in
order to enable all interested States to take part in them. In that process
we should also bear in mind the need to maintain the proper coordination with
the work of the Preparatory Commission.
Before I conclude, I wish to offer a very special word of recognition to
the Special Representative of the Secretary-General for the Law of the Sea,
Under-Secretary-General Satya Nandan, for the central role he and his staff
have played SO competently in the conduct of the dialogue promoted by the
Secretary-General and for their ongoing work in monitoring and analysing
developments related to the Convention as well as in providing assistance to
Member States and international organisations in the implementation, of its
provislons.
Mr. WILENSKI (Australia): Recent events concerning the United
Nations Convention on the Law of the Sea have included a degree of dialogue
and cooperation not witnessed since the adoption of the Convention in 1982.
Australia welcomes the progress that has been made in the course of this year.
We reaffirm our commitment to our common objective of the establishment of a
universal legal order for the world's oceans.
Australia also welcomes the Secretary-General's report on the law of the
sea as a comprehensive chronicle of the year's events and commends the Office
for Ocean Affairs and the Law of the Sea, under Under-Secretary-General
Satya Nandan, for its effective work in all areas of inarine affairs.
Australia particularly supports the recognition in this year's draft
resolution of the fact that there have been political and economic changes in
the course of the decade which has elapsed since the adoption of the
Convention on the Law of the Sea.
Australia believes that these changes should be taken into account in our
attempts to reach our common goal of universality. At the same time, we
remain committed to the principles which have guided our deliberations thus
far, including the common-heritage principle with regard to the international
seabed area beyond the limits of national jurisdiction.
In this context, Australia wishes to add its voice to the expression of
appreciation in the resolution for the efforts of the Secretary-General in
converting consultations aimed at addressing issues of concern to some States
in order to achieve universal participation in the Convention. These
consultations have played a crucial role in creating an atmosphere in which
the chances of universal participation in the Convention have been improved
significantly.
Australia looks forward to continuing progress in the Secretary-General's
consultations in the coming year. We wholly support the wish expressed by the
Secretary-General in his report on the law of the sea to widen participation
in the consultations in order to enable all interested States to take part.
We trust that all interested States will participate with open minds and good
will to explore and settle mechanisms through which universal participation in
the Convention can be satisfactorily achieved. We would very much like to see
the Secretary-General's initiative quickly rewarded with definitive results.
Australia also welcomes the progress achieved in the law of the sea
Preparatory Commission in the course of the last year, particularly the
registration of two new pioneer investors. This is a further indication of
the preparedness of States to seek and achieve agreement on issues which at
times appeared insoluble. Australia remains committed to further progress in
the Preparatory Commission through its active involvement in the work of this
body*
We are also pleased to note the new language in this year's resolution
which stresses the need for States to cooperate in conserving marine living
resources. With the importance now attached to environmental issues, it is
particularly appropriate that by this language we recall the central, role of
the Law of the Sea Convention in providing a framework for the protection and
preservation of the marine environment.
Australia's support for the Convention as a whole and the achievement of
universal participation has been underlined by its, steady implementation of
Convention provisions in domestic legislation. Last year Australia
established a 12-nautical-mile territorial sea. This year the Australian
Government decided to establish an Australian exclusive economic zone, to
redefine Australia's continental shelf and to establish a contiguous zone.
Legislation is being prepared to implement these measures in a manner
consistent with the terms of the Law of the Sea Convention.
These measures emphasize the fact that the Law of the Sea Convention
deals with matters which go far beyond those that are of concern to some
States with regard to the deep seabed mining regime. Universal participation
in the Law of the Sea Convention 'will provide a stable regulatory framework
for all aspects of ocean space, which must be in the interests of all States.
Considerable good will has been displayed by all parties concerned during
the course of coming to agreement on wording for this resolution. Australia
welcomes the movement that has been achieved. We believe that this has
substantially improved the general atmosphere, paving the way for progress on
a range of issues which need to be addressed in the coming year in order to
further our goal of universal participation in the Convention.
Mrs. SYAHRUDDIN (Indonesia): On behalf of the Indonesian
delegation, I should like to express our deep appreciation to the Special
Representative of the Secretary-General, Mr, Satya Nandan, for the
comprehensive reports on the law of the sea and to his staff for their
effective work. All this provides us with a useful source of information to
discuss the substantive issues at this current session.
From the outset, Indonesia recognized the overriding importance of
developing a universally accepted legal order for the oceans. It was
paramount for us, as an archipelagic nation, to seek a regime which would
promote our national unity, political stability and economic and social
development as well as national defence and security. The 1982 Convention on
the Law of the Sea is significant as it is the first comprehensive treaty
governing all aspects of the various uses of the oceans and their resources.
My delegation is therefore convinced that the Convention's importance should
strengthen cooperation among States to secure its universality in this realm
for our common future.
The report of the Secretary-General (A/46/724) of 5 December 1991
outlines a comprehensive and factual account of the progress made during the
year. We should like to avail ourselves of this opportunity to pay a tribute
to the Secretary-General for his initiative designed to ensure univeral
participation in the 1982 Law of the Sea Convention, In this connection, it
is pertinent to note that informal consultations have been held during 1991
concerning some of the contentious issues which have inhibited some States
from ratifying or acceding to the Convention.
Indonesia has been pleased to participate in those informal consultations
which provide a good basis to reach a satisfactory outcome. We are pleased to
note that the Secretary-General has consolidated all the viewpoints set forth
in the informal consultations, in order to make possible the wider
participation of interested parties.
As regards the protection and preservation of the marine environment, my
delegation looks forward to the completion of the updated version to be issued
in 1992, of the 1989 report on the Protection and Preservation of the Marine
Environment. As we are all aware, even though there is a wide body of laws to
protect and preserve the environment, the marine habitat continues to be
subjected to the serious threat of pollution. In this context, we welcome the
finalising of the guidelines of the Marine Environmental Protection Committee
of the International Maritime Organization (MO), which would designate
sensitive and special areas of marine protected areas.
On the strengthening and integration of regimes for maritime safety and
pollution prevention, my delegation is pleased to note that progress has been
made by the adoption of rules and guidelines concerning ship safety and
prevention of pollution.
Equally important are the conservation and the management of living
marine resources. The Secretary-General's report points out some alarming
facts of the status and trends in world fisheries. In 1990 the Food and
Agriculture Organization of the United Nations (FAO) provided us with data
that are still relevant today. Over exploitation of fishery resources gives
us cause for concern. The report identifies the areas for imprOV@ment at all
levels, including nationally and internationally, and in all aspects - law and
policy, economic planning, technological development, scientific research and
information and data systems.
Pursuant to General Assembly resolution 45/197 of 21 December 1990, it
was recommended inter alia that a moratorium should be imposed on all
large-scale.pelagic drift-net fishing by 30 June 1992, that immediate action
should be taken to reduce such fishing activities and that further expansion
of such practices should cease immediately. It is pertinent to mention in
this regard that there is now a globally acceptable length of definition of
2.5 kilometres for a large-scale drift-net. This definition was adopted by
the European Community Council of Fisheries Ministries. In implementation of
resolution 45/197, Indonesia was one of the countries that swiftly adopted
legislation by issuing a decree that the use of large-scale drift-net fishing
within its exclusive economic zone should not exceed 2.5 kilometres.
My delegation would like to commend the Chairman of the Preparatory
Commission, Ambassador Jose Luis Jesus of Cape Verde, for the skill and
patience with which he conducted the long and difficult negotiations last year
to arrive at an understanding on the fulfilment of obligations by registered
pioneer investors and their certifying States. We are encouraged to note that
the Preparatory Commission provides a forum in which States can exchange
diverse views to develop ideas in order to reach an acceptable solution aimed
at securing universal participation in the Convention. This demonstrates that
mutual cooperation, good will and understanding can go a long way towards
arriving at a mutually acceptable agreement on deep-seabed mining, We welcome
the approval by the General Committee of the applications submitted by the
People's Republic of China on behalf of the China Ocean Mineral Resources
Research and Development Association (COMRA) and by the Governments of
Bulgaria, Cuba, Czechoslovakia, Poland and the USSR.
With regard now to the activities of the Office for Ocean Affairs and the
Law of the Sea, the General Assembly in its resolution 451253 of
21 December lggo adopted a new medium-term plan for the period 1992-1997.
That plan provides for the implementation of a programme of activities
encompassing legal, political, economic, environmental, scientific and
technical aspects of the Convention on the Law Of the Sea to aSSiSt States in
implementing the Convention.
As the report of the Secretary-General indicates, the Office for Ocean
Affairs has rendered invaluable support to developing countries by providing
advice and assistance, conducting special studies on the various provisions of
the Convention, granting training and fellowships, and publishing numerous
bulletins, annual reviews and directories. Indonesia wishes to express its
sincere appreciation to the Office of Ocean Affairs for all these endeavours,
especially for its efforts to assist developing countries in updating their
national legislation and in integrating policy with development plans.
Finally, Indonesia takes great pleasure in jointly sponsoring the draft
resolution before the General Assembly. The draft resolution reflects the
intensive negotiations and painstaking efforts of the past few months. It is
truly encouraging to note that the draft resolution before us offers a unique
OppOrtUnity to all members to reappraise their positions on the Convention,
In this regard, we hope every effort will be made to facilitate dialogue and
thus to secure universal participation in the Convention. All of mankind
Stands to benefit from the implementation of this historic Convention, the
product Of comprehensive negotiations over the years,
It is against this backdrop that we urge all States to ratify or accede
to the Convention On the Law of the Sea in order to hasten its early entry
into force. Furthermore, universal support for the Decade of International
Law highlights the importance of the development and codification of
international law. In this light the Convention assumes even greater
significance as it develops and codifies norms of the law of the sea. We
should therefore seize the opportunity at hand, and Indonesia reiterates its
firm commitment to work towards this end.
The meetins rose at 12.45 p.m.
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