A/52/PV.57 General Assembly

At the outset, please allow me to express my appreciation for the remarkable results achieved at the United Nations Conference on the Law of the Sea and the Assembly of the International Seabed Authority. I would also like to take this opportunity to thank all those who have worked for the conferences, particularly the Chairmen of the conferences and the members of the Secretariat. The United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea adopted on 10 December 1982 constitute the basic documents of the international community regarding marine rights and interests and the order governing the ocean space. These documents have established a legal order governing the ocean space which will contribute to the exploration of the sea for peaceful purposes and the equitable and efficient utilization of marine resources and facilitate the establishment of a just and equitable international economic order. China has actively participated not only in the drafting of the Convention but also in the setting up of all the relevant organs under the Convention after its entry into force, including the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority. As a major outcome of the development of the law of the sea, the International Tribunal for the Law of the Sea, established in accordance with the provisions of annex VI of the Convention, is the first international judicial organ dedicated to the settlement of maritime disputes. Last year the membership of the Tribunal was elected. This year elections were carried out for the Seabed Disputes Chamber, the Chamber for Fisheries Disputes and the Chamber for Marine Environment Disputes. The composition of the Tribunal represents all the major legal systems of the world and reflects equitable geographical distribution. We believe that the Tribunal will play an important role in the settlement of relevant maritime disputes. The International Seabed Authority is an organ dedicated to the management of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction — the Area — as well as its resources. The Area and its resources are the common heritage of mankind, the exploration and exploitation of which are entirely in the interest of mankind. The Chinese Government has been active in all aspects of the work of the Authority. As a member of group B of the Council of the Authority, China has also sent its experts to take part in the work of the Finance Committee of the Authority and the Legal and Technical Commission. During the second phase of the third session of the International Seabed Authority, held last August, the Council of the Authority approved the exploration plans submitted by the pioneer investors, which represents a milestone in the history of the Authority and shows that the work of the Authority has evolved from the procedural and organizational phase to the substantive phase of operation management. With the approval of its exploration plan, China has become one of the first contractors of the Authority. China will continue faithfully to fulfil its obligations as a pioneer investor and make important contributions to the exploration and exploitation of the international seabed Area. Meanwhile, China will, as always, continue its participation in all In an effort to safeguard the maritime rights and interests of coastal States, as provided for in the Convention, China has continuously improved its domestic legislation on the ocean space. After the promulgation of the Act of the People’s Republic of China on the Territorial Sea and Areas Adjacent to It, the Chinese Government declared, in May 1996, the delimitation of certain portions of the baselines of the territorial sea of the main continent and the baseline of the Xisha Islands. To give effect to its sovereign right and jurisdiction over its exclusive economic zone and continental shelf, China is actively engaged in the formulation of an act of the People’s Republic of China on the exclusive economic zone and continental shelf. With regard to the overlapping claims by neighbouring States with adjacent or opposite coasts over exclusive economic zones or continental shelves, the Chinese Government is in favour of seeking proper solutions through peaceful negotiations in accordance with well- established international law and the United Nations Convention on the Law of the Sea. At present, China has started consultations with the countries concerned on questions relating to the law of the sea as well as the delimitation of the sea area and fisheries, and positive results have been achieved. Through consultation and dialogue, the countries concerned have enhanced mutual understanding and trust. This has contributed to the development of relations between China and those countries. The twenty-first century is one in which mankind will embrace the sea with all its potentials. With the development of science and technology, humanity will be faced with opportunities to obtain much more in terms of resources and energy from the sea, as well as tremendous challenges to protect the environment, achieve the sustainable development of the sea and maintain optimal harmony between humanity and nature. All countries should, in a spirit of mutual understanding and cooperation, strengthen their interaction so as to contribute to the well-being and progress of mankind as a whole. Before concluding, I would like to take this opportunity to point out that there is a mistake contained in this year’s report of the Secretary-General on the Law “such agreements, including an agreement between China and Japan for joint exploration and development of an island group in the East China Sea”. This description is at variance with the facts. The truth of the matter is that there is no such agreement between China and Japan involving joint exploration and development of non-living resources of an island group in the East China Sea. The Chinese delegation requests that the phrase “an agreement between China and Japan for joint exploration and development of an island group in the East China Sea”

My delegation welcomes the comprehensive and informative reports of the Secretary- General on matters relating to the law of the sea and ocean affairs. We are pleased to co-sponsor the omnibus draft resolution on the law of the sea, as well as the draft resolution on the Agreement concerning the Relationship between the United Nations and the International Seabed Authority and on the question of the Seabed Authority participating in the United Nations Joint Staff Pension Fund. The last matter is of course still subject to the consideration of the Fifth Committee. India is naturally interested in maritime matters and ocean affairs, given our geography, with its 4,000-mile coastline and 1,300 islands. India has had a great maritime tradition as a civilization. Our ancient and medieval history records extensive trade between India and Arab countries on the one hand, and the States of South-East Asia on the other, as well as with Africa. Large populations on our coasts and on the islands of Andaman, Nicobar and Lakshadweep have always depended on the sea for sustenance. Both before and after its independence, India has taken active part in the development and codification of the law of the sea, and participated in the First United Nations Conference on the Law of the Sea, in Geneva, and in the Third Conference. We have invested heavily in the exploration of minerals in the deep seabed and in the exploitation of petroleum resources and hydrocarbons in our territorial waters and exclusive economic zone. Turning now to the work of the International Seabed Authority, I would like first to congratulate its Secretary- General, Ambassador Satya Nandan, for his leadership of the organization. Our appreciation also goes to the first President of the Council of the Authority, Ambassador Lennox Ballah of Trinidad and Tobago, for the wisdom with which he has led the complex deliberations of the Council in the last two years. This year the Authority took the historic decision of granting its approval to the plans of work for exploration of mine sites submitted by the registered pioneer investors. As a registered pioneer investor, India was granted approval for the plan of work for exploration of the mine site in the Indian Ocean which it registered with the United Nations. This should now lead to the granting of contracts by the Secretary-General of the Authority for exploration of the mine sites by the investors. India has fulfilled its obligations under the Convention, the Agreement relating to the Implementation of Part XI and resolution II of the Third United Nations Conference on the Law of the Sea and is thus eligible to obtain a contract for exploration of its mine site. The other important aspect relates to the elaboration of a draft Mining Code by the Authority. During its last meeting, the Legal and Technical Commission of the Authority prepared a full text of the Mining Code and submitted it to the Council in August 1997. Member Governments may provide written comments on the provisional text of the Mining Code by 31 December 1997, so that the Commission can take those comments into consideration in finalizing the Mining Code at the next meeting, thus readying it for adoption by the Council and the Authority. The issue of contracts for exploration and the adoption of the Mining Code together constitute the most important substantive basis for the functions of the International Seabed Authority to be carried out. My delegation welcomes the observer status of the International Seabed Authority in the United Nations, and the signing of the Agreement concerning the Relationship between the United Nations and the International Seabed Authority by the two Secretaries-General. Finally, my delegation assures the Secretary-General of the Authority and its host State, Jamaica, a country with which we have very close ties, of our full cooperation. Turning now to the International Tribunal for the Law of the Sea, we are glad to note that under the leadership of the President of the Tribunal, Judge Thomas Mensa of Ghana, the Tribunal has finalized its rules of procedure and is even now seized of a case. The last Meeting of States Parties, held in New York, approved the budget of the Tribunal as well as the draft Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea. With the completion of the Headquarters Agreement between the Tribunal and the Host Country (Germany), the Tribunal is now adequately equipped to attend to its functions. In its first two meetings, the Commission on the Limits of the Continental Shelf has been working, among other things, on its rules of procedure. We are sure the Commission, being a technical body, will devise rules of procedure that will not involve the Commission in matters disputed between States, for it is well known that the Convention provides separately for dispute settlement mechanisms, and the Commission is not one of them. Turning to fisheries issues, we consider the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks a landmark in the implementation of the Convention on the Law of the Sea. In our view, the implementation of the Agreement should guarantee the I would also like to take this opportunity to welcome the Independent World Commission on the Oceans, which was founded on the initiative of Mr. Mário Soares, the former President of Portugal. We look forward to the Commission’s recommendations, which we believe should only add to and support the legal regime envisaged in the United Nations Convention on the Law of the Sea, without in any manner attempting to reopen the regime. India will also participate in the Ocean Expo in Lisbon in 1998. We support the proclamation of 1998 as the International Year of the Ocean. Finally, the very preamble of the 1982 Convention on the Law of the Sea recognized that all problems of ocean States are closely interrelated, and article 319 specifically maintained that the Secretary-General should monitor and review the issues of the law of the sea and ocean affairs and report on them to the General Assembly. The central role of the United Nations should continue, as reaffirmed in resolution 49/28, in active engagement with the functional organizations under the Convention. A healthy relationship between the United Nations and the specialized law of the sea institutions established under the 1982 Convention on the Law of the Sea should be nurtured from now onward to ensure peaceful and orderly management of the oceans and maritime resources, for the benefit of mankind as a whole.

In participating in the debate on this agenda item, “Oceans and the law of the sea”, my delegation would like to reaffirm that it attaches great importance to this issue. Indeed, the seas and oceans are an essential part of our geophysical environment and of the framework of our economic and social life. By adopting the United Nations Convention on the Law of the Sea on 10 December 1992 at Montego Bay, Jamaica, the Member States of the United Nations took a fundamental step for the benefit of peace and development. The provisions of the Convention deal with the essential aspects of maritime activities concerning coastal or landlocked States. Similarly, they define the rights and obligations of the States parties in this matter. The Convention is unquestionably an essential contribution to the codification and management of the problems of the marine and coastal environment. The new international legal order it embodies will promote, with effective implementation, the fair and efficient management of the common heritage of mankind represented by the resources of the seabed. This new legal regime will also contribute to ensuring the promotion of peaceful uses of the seas and oceans. There is a collective will to work to strengthen the legal basis of the treatment of the seas and oceans and to assure their sound and rational management, and Benin is part of it; on 16 October 1997 it ratified the United Nations Convention on the Law of the Sea, and it will continue its efforts to honour its commitment to comply with the provisions of the Convention. I am pleased to recall that as part of its policy for the preservation and protection of nature — specifically the marine environment in this instance — Benin organized a national workshop on the management of the maritime ecosystems of the Gulf of Guinea, held in Cotonou at the beginning of July 1997. Co-sponsored by the World Bank, the United Nations Environment Programme, the United Nations Development Programme, through the Global Environment Facility, and the United Nations Industrial Development Organization, this workshop enabled officials of national services at various levels, those involved in the chain of activities in ports and on the seas, and representatives of coastal populations, non-governmental organizations and professional organizations, to study together the problems affecting the management of the major marine ecosystems of the Gulf of Guinea. The delegation of Benin studied with great interest the excellent comprehensive annual report presented by the Secretary-General on the law of the sea and the activities of the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs. We are pleased with the quality of this document and the information provided in other documents dealing with related questions. The establishment of the main institutions provided for in the Convention and the various activities carried out by them and other competent United Nations bodies show that a good start has been made in implementing the Convention. The signing on 14 March 1997 of the Agreement concerning the Relationship between the United Nations and the International Seabed Authority is a sign of the Authority’s willingness to strengthen its cooperation with the United Nations and its Member States. My delegation therefore strongly recommends that the General Assembly approve the conclusion of this Agreement.

I am happy to address the Assembly on this agenda item, “Oceans and the law of the sea”, which for years has been of great interest and significance to Viet Nam. I could not begin without expressing our appreciation to the Secretary-General for his comprehensive reports contained in documents A/52/487, A/52/491 and A/52/557. Our appreciation is also extended to the Secretariat — particularly the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs — as well as the secretariat of the International Seabed Authority for their contribution on the question of oceans and the law of the sea this year. The year 1997 has witnessed significant and positive developments in ocean affairs and the law of the sea. The United Nations Convention on the Law of the Sea of 1982 has now been ratified by some 120 countries. This increasing number of ratifications indicates the fundamental importance of the Convention, particularly in the maintenance and strengthening of international peace and security, development and cooperation. Gradually, the We are encouraged that the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, adopted by the General Assembly in July 1994, has received broader support from the international community. We are also encouraged by the fact that a considerable number of States have lent their full support to the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted in August 1995. We believe that this Agreement must be interpreted and applied in the context of and in a manner consistent with the Convention. As a coastal State with a broad continental shelf, Viet Nam attaches great importance to the establishment of the Commission on the Limits of the Continental Shelf. The international community successfully overcame differences and gave birth to this 21-member institution in March 1997. Since coming into being, the Commission has begun consideration of its rules of procedure, which will be decided by the Meetings of States Parties to the Convention. It is our view that with its mandate being closely linked to the sovereignty and jurisdiction of coastal States over their continental shelves, the functions and activities of the Commission and its members must be in accordance with relevant stipulations in the Convention. In the draft, those rules dealing with delimitation disputes between States, the issue of confidentiality and the liability of members of the Commission should be further studied and seriously considered. In the meantime, our delegation also notes with satisfaction that the other bodies established under the provisions of the Convention have begun their activities and made considerable achievements. We highly appreciate the results obtained at the Meetings of States Parties to the Convention, above all the adoption of the 1998 budget for the International Tribunal on the Law of the Sea and the Agreement on Privileges and Immunities of the International Tribunal on the Law of the Sea. It is our view that the international community should find ways to heighten the role of these meetings, particularly in reviewing ocean affairs and law-of-the-sea issues. The International Seabed Authority, moreover, has successfully fulfilled its tasks. We welcome the approval of the work plans for exploration by seven registered pioneer investors; the considerable results made in the elaboration We strongly support the achievements realized so far in the elaboration of legal texts, as well as the organizational work done by the international community, the German Government and the International Tribunal on the Law of the Sea itself to enable it to operate normally and effectively. It is necessary to stress that those achievements were possible thanks to the efforts by the States parties to the Convention through their pursuit of a constructive approach and their responsible commitment to implementing the Convention to make it universal and effective. In this process, Viet Nam has been making its active contribution. We consider it important that the international community continue to make more efforts and take concrete steps to support those newly established institutions. The serious implementation of the United Nations Convention on the Law of the Sea, moreover, requires the strict observance by States of the spirit as well as the letter of its provisions and articles. The Convention makes it obligatory for States, among other things, to respect the sovereignty of coastal States and their sovereign rights and jurisdiction over their continental shelves and exclusive economic zones, as provided for in the relevant articles of the Convention. States are required in their actions at both the global and the regional levels to abide strictly by the provisions of the Convention. The United Nations Convention on the Law of the Sea and other relevant instruments have enjoyed the strong and effective support of the Government of Viet Nam. In our view, the Convention is a framework for national, regional and global activities in the maritime sector. We always welcome and actively participate in those initiatives and efforts to implement the Convention and other relevant texts. Accordingly, we note with great interest that the past year has been marked by an intensified call from the international community for a coordinated and integrated approach to ocean affairs and law of the sea issues. On the question of the Eastern Sea, also known as the South China Sea, Viet Nam wishes to reconfirm its consistent position. With regard to the territorial claims over the Paracel and Spratly Islands, Viet Nam has enough historical and legal evidence to assert its national sovereignty over them. That sovereignty is indisputable. Regarding existing disputes, it is our view that they should be settled through peaceful negotiations in a spirit of equality, mutual understanding and respect for each other’s sovereignty and jurisdiction over respective continental shelves and exclusive economic zones, in accordance with international law, particularly the United Nations Convention on the Law of the Sea. Moreover, the parties concerned should, while making active efforts to promote negotiations for a fundamental and long-term solution, maintain stability based on the status quo and refrain from any act that may further complicate the situation and from the use or threat of force. This is in conformity with the principles and norms of contemporary international law and the aspirations of the peoples, and it serves peace and stability in the region. We are confident that the Secretary-General will ensure the continuing institutional capacity of the Organization to respond adequately to the needs of States, newly established institutions and other competent international organizations by providing advice and assistance, taking into account the special needs of developing countries. Reports on developments and issues relating to ocean affairs and the law of the sea should continue to be made to the General Assembly at its fifty- third session. I would like to conclude by recommending that an item entitled “Oceans and the law of the sea” be included in the agenda of the fifty-third session of the General Assembly. We also note with appreciation the Secretary- General’s report on the impact of the entry into force of the 1982 United Nations Convention on the Law of the Sea on related existing and proposed instruments and programmes. The report demonstrates how broad and profound an impact the Convention has upon various related areas. My delegation hopes that the necessary measures mentioned in the report will be taken by relevant regional and global organizations in an appropriate manner, as they will further consolidate the orderly implementation of the new legal regime of the oceans. As a maritime country, Korea attaches great importance to the maintenance of a peaceful and stable maritime order. Because of its enormous potential as the planet’s last frontier for mankind, the sea offers us immense opportunities as well as challenges. Whether the sea’s bounty brings us prosperity or triggers conflict largely depends on how the international community maintains the public order of the ocean. Hence, it is crucial for all of us to seek the universality of the Convention and its full implementation. While we are pleased to note that, since November 1996, 14 States have additionally acceded to the Convention, raising the total number of States parties to 122, this figure still falls short of meeting the test of universality. We therefore urge States which have not yet done so to accede to the Convention as soon as possible. This year marks the first year that various institutions established under the Convention have been brought into full-fledged operation. At its resumed third session last August, the International Seabed Authority approved plans of work for exploration activities of registered pioneer investors. As one of the seven pioneer The International Tribunal for the Law of the Sea has also made great strides towards laying the groundwork for judicial functioning since its inauguration last year. The Tribunal adopted three significant instruments governing its internal procedures: the Rules of the Tribunal, the resolution on the Internal Judicial Practice, and Guidelines for the Preparation and Presentation of Cases Before the Tribunal. In this regard, we are pleased to note that the Tribunal is already in operation to consider its first case this month. It is our sincere hope that the Tribunal will continue to solidify its role as a principal judicial organ in the area of the law of the sea. Instituted this year, the Commission on the Limits of the Continental Shelf has concluded deliberations on its Rules of Procedure. In our view, two annexes regarding a submission involving delimitation disputes and the issue of confidentiality are very important to the effective functioning of the Commission. My delegation is prepared to participate actively in the discussion of these annexes during the next Meeting of States Parties. In connection with the request by the Commission for the Meeting of States Parties to clarify whether the mandate of the Commission should extend to non-parties, however, we believe careful consideration is needed with regard to identifying the most appropriate forum in which the issue could be best addressed. As a responsible fishing State, Korea is firmly committed to the sustainable development and use of the resources of the world ocean. In line with this policy, the Republic of Korea signed last year the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. My Government is currently taking the necessary domestic steps to ratify this Agreement. Pending the domestic procedures for ratification, however, Korea has already put in place various voluntary measures to implement the Agreement. Korea has done its Furthermore, Korea has faithfully complied with the global moratorium on large-scale pelagic drift-net fishing. Since 1 January 1993, my Government has taken all necessary measures to suspend all drift-net fishing operations by Korean fishing vessels. In addition, such effective measures as the education of fishermen and the application of punitive action against violations have been taken to ensure that no Korean fishing vessels engage in fishing in areas under the jurisdiction of other States, unless duly authorized. Surrounded by a semi-enclosed sea, the Republic of Korea strongly upholds the principle of cooperation among the relevant coastal States under the Convention. No living resource or marine environment respects artificial delimitations. The successful management of living resources or a marine environment in a semi- enclosed sea requires the establishment of a regime for the close cooperation of coastal States that takes into account the integrity of the sea. In a semi-enclosed sea, any unilateral measure or agreement in disregard of the interests of relevant parties would fail to achieve its intended goal. Furthermore, it is our strong view that coastal States in a semi-enclosed sea should not take any measures or reach any agreements which are likely to infringe upon the legitimate interests of other coastal States. Upon the request of any interested coastal States, consultations should be considered compulsory in such situations. Given the formidable implications of maritime disputes for international relations, the prevention and early settlement of such disputes is crucial for the maintenance of international peace and security. Close consultation and cooperation regionally or among the States concerned will contribute a great deal to the prevention of maritime disputes. Meanwhile, the Convention is considered epoch-making in establishing a third-party compulsory dispute-settlement mechanism. We believe that the wider use of this mechanism will help the international community to preserve the order of the ocean. It is also worth noting that States involved in a Finally, I wish to reiterate Korea’s firm commitment to the full implementation of the Convention and the amicable settlement of maritime disputes. The Republic of Korea has been, and continues to be, ready and willing to contribute to the orderly development of the ocean. We hope that mankind’s continuing voyage into the still- unknown potential of the ocean will bring prosperity in the next millennium, just as the voyage of Columbus opened up the New World 500 years ago. It goes without saying that the spirit of cooperation is indispensable for the success of this uncharted voyage.

The Russian delegation attaches great significance to the consideration of the agenda item entitled “Oceans and the law of the sea”. The discussion of this question by the General Assembly demonstrates the importance the international community attaches to the problems related to the oceans and the law of the sea and permits an annual assessment of the development of cooperation among States in this sphere. It also allows us to identify problems requiring attention and to adopt appropriate measures. In this respect, we also express our gratitude to the Secretary-General of the United Nations for preparing the four reports, which are a good foundation for today’s discussion. This past year had substantial significance for the further development of cooperation between States in matters relating to oceans and the law of the sea. It was noteworthy for the further movement by the international community towards a coordinated and integrated approach to solving the problems I have mentioned. There has also been an increase in the number of parties to the 1982 Convention on the Law of the Sea and a number of other international instruments related to ocean affairs. The Russian Federation, in particular, ratified the 1982 Convention as well as the Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. We note with satisfaction that with the election in 1997 of the members of the Commission on the Limits of the Continental Shelf the establishment of the institutions provided for by the Convention has now been virtually completed. The International Tribunal for the Law of the Sea took up its first case in November. Thus practically all the necessary requirements have been fulfilled for the effective implementation of the Convention, for its uniform The Russian delegation considers that the establishment of a single legal regime for the oceans genuinely promotes the maintenance of international peace and security and facilitates the development of international cooperation in the peaceful use of seas and oceans. For this reason, Russia has consistently advocated an enhanced role for the Convention on the Law of the Sea as an important universal international legal instrument in the domain of maritime activities and supports the appeals to States not yet parties to the Convention to accede to it as quickly as possible. This applies equally to the Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which represents a code of generally accepted standards of behaviour by States and defines the parameters for bilateral relations and for regional cooperation in the area of fisheries. At the same time, we wish to express our concern that some countries are trying to subordinate the interpretation and application of the Convention to the provisions of national law or to interpret some of its provisions unilaterally, including those related to the right of innocent passage through the territorial sea, transit passage through straits used for international navigation, archipelagic sea lanes passage and freedom of navigation and other internationally recognized uses of the seas, in the exclusive economic zone, as rightly pointed out in paragraph 15 of the Secretary-General’s Report [A/52/487]. Nor can we agree with unilateral attempts to change or give individual interpretations to some of the provisions of other international legal documents on the law of the sea, notably the 1936 Montreux Convention regarding the Regime of the Straits. As we see it, such actions are permissible in terms of international law now in force only with the manifestly expressed consent of all the other States parties to specific international agreements, including the agreement regarding the regime of the Black Sea straits. The problems of oceans are tightly interlinked and should be considered as a single whole. Here the 1982 Convention has a strategic significance as a basis for national, regional and global actions in the maritime sector. Unfortunately, we are obliged to note that some international mechanisms on the law of the sea settle problems related to the law of the sea outside the system of the 1982 Convention — a practice that is prejudicial to a single legal regime for the oceans. We believe that this Russia, as a major sea Power, attaches great importance to activities on the open ocean and intends to continue to participate actively in efforts to improve the peaceful and mutually profitable cooperation of States in mastering and exploiting the high seas and to further strengthen the international legal regime established by the Convention on the Law of the Sea.

At the outset, my delegation wishes to associate itself with the statement made this morning by the representative of the Solomon Islands on behalf of the South Pacific Forum island countries. The item under discussion is of great importance to all small island developing States, in particular to the Pacific island countries. This has been shown, in part, by our readiness to become co-sponsors of the draft resolutions which are before the General Assembly today. The resources of the seas represent the most tangible assets for future development and prosperity that we have. The Republic of the Marshall Islands has, especially within the past year, taken a very proactive approach towards the sustainable development of our fisheries. At a time when reform policies for the public sector and the structural adjustment that they entail are taking effect in the Marshall Islands, our fisheries sector is also undergoing significant changes. While these changes have not been easy, the results will no doubt foster sustainable economic development, while conserving and managing our most precious renewable resource. New fisheries policies and legislation have been introduced and accepted by our Parliament. They demonstrate our firm commitment to sound management and conservation of our fisheries. For example, the new Marshall Islands Fisheries Act incorporates approaches taken at the international level, particularly in regard to the United Nations Convention on the Law of the Sea and subsequently the Agreement relating to straddling fish stocks and highly migratory fish stocks. In addition, the Act has fully taken on board many of the provisions stipulated in the Convention on the Law of the Sea. The Marshall Islands is an active participant in the ongoing, multilateral, high-level consultation process in the The Marshall Islands is also nearing completion of our in-zone Fisheries Management Plan. This Plan, combined with our recently completed Fisheries Act and the National Fisheries Development Plan, further demonstrates our commitment to meaningfully implement the provisions of the Law of the Sea, specifically articles 61 and 62, in this context. In addition, these arrangements will be fully compatible with the provisions of the Agreement as a whole, and will further assist us in the ratification process. The Marshall Islands is an active member of our regional organization, the South Pacific Forum Fisheries Agency. At its regular meetings at the committee level the Marshall Islands will continue to emphasize the need for financial support from the international community, if we are to succeed in furthering the process that has been initiated in our region through multilateral high-level consultations. I would like to take this opportunity to echo that sentiment here in the General Assembly. Sustainable development, conservation and management in the developing countries and in our regions requires a concerted effort by the international community. We are grateful for the support that has been given; the names of our benefactors are contained in the report to the special session that I referred to earlier. But it is clear to all of us that we have not yet completed the process. There is much work to be done. For example, the Secretary- General’s report in document A/52/557 stresses that the level of illegal fishing activities in the Pacific would decrease with the implementation of a vessel monitoring system on distant-water nations’ fishing vessels. This was It is in this regard that my delegation wishes to stress the importance of financial and technical support from the international community. We strongly support the inclusion of this idea in the draft resolutions before us, and urge the General Assembly to accept these important recommendations. The role of the non-governmental organizations is also important, and they should continue to be invited to submit views on draft resolutions in the future. I would like to conclude by stressing the provision of article 64 of the Law of the Sea Convention that cooperation between coastal States and States that fish in the region is compulsory. This cooperation includes ensuring that appropriate meetings, with full participation of all parties occurs in a timely manner, and that there is sufficient funding for such meetings. The Marshall Islands is fully in compliance with this cooperative spirit, and we would urge those with an interest in our fisheries to be equally forthcoming in their support.

The Nigerian delegation is pleased to participate in the debate on the agenda item “Oceans and the law of the sea”. At the outset let me express appreciation to the representative of New Zealand for her introduction of the draft resolutions on the item and for the hard work she has put into their preparation. Since the entry into force of the Convention on the Law of the Sea, considerable progress has been made towards its implementation, and the number of parties to the Convention has also grown. Structurally, all the institutions created under the Convention — the International Seabed Authority, the Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf — have become functional. We note in particular that the International Seabed Authority has progressed this year from an organizational phase to a functional one, with the approval of work plans for exploration of seven pioneer investors by its Council, which requested the Authority’s Secretary-General to issue them with contracts effective for 15 years under the provisions of the Convention’s relevant implementation Agreement. Work on the deep seabed mining code is also at an advanced stage, while the draft regulation on prospecting and exploration of polymetallic nodules in the Following the signing of an agreement with the United Nations, 1998 will mark the beginning of independent work by the Authority, when its budget will become the sole responsibility of its members. Consequently, the Assembly of the Authority adopted a scale of assessment of contributions of members and its budget, including a Working Capital Fund, during its resumed session in August this year. In this connection, it is the belief of my delegation that only the resolute discharge of obligations under the Convention through the timely payment of assessed contributions by member States would ensure an assured resource base for the Authority to continue to carry out its activities. On the other hand, the International Tribunal established in 1996 has already held four sessions and approved its own budget. The last of the institutions, the Commission on the Limits of the Continental Shelf, has also adopted its modus operandi. In this connection, my delegation notes with interest the Commission’s request for the establishment of a trust fund for travel expenses and accommodation for developing member States, and would urge States parties to approve it. We have noted also that, in line with the streamlining of the United Nations system, the Meeting of States parties has been reduced to one annual session. In our view, this is cost- effective and a judicious use of man-hours. The strategic importance of the Convention as a framework for national legal and global action in the marine sector is underscored. However, only a faithful implementation of its provisions can yield the desired results. We agree with the necessity and importance of promoting international cooperation on the law of the sea and ocean affairs at the global, regional and subregional levels. In its resolution 49/28, the Assembly called for an annual review of developments relating to the law of the sea. That resolution conferred on the United Nations responsibility for, among other things, monitoring State practices and the provision of information, advice and assistance in the fields of interest and concern to States and international organizations. Consequently, cooperation on important new issues in the field of the law of the sea and ocean affairs would require the establishment of national integrated marine policies by Governments. In this connection, we appreciate the provision of assistance While 1998 has been designated the “Year of the Ocean”, we hasten to add that this can be meaningful only if all Governments agree to ratify or accede to the Convention and its relevant instruments and endeavour to implement them as soon as possible. An annual review of developments relating to the law of the sea has indicated, through a United Nations Environment Programme (UNEP) report, that there has been a deterioration of the global environment. More worrisome even is the report that a third of the world’s coastal regions are at high risk of degradation, particularly from land-based activities such as rapid, unplanned urbanization, thus placing a major stress upon adjacent ecosystems. This must be prevented, as this unsustainable manner of economic development can in future lead to food insecurity and conflict situations. It will be recalled that Agenda 21, from the Rio Summit, had underscored that socio-economic development and environmental protection are interdependent and mutually reinforcing. The Convention on the Law of the Sea, in its turn, has developed a balance between the use of the oceans and its resources and the protection of the environment in a manner that will ensure the equitable and efficient use of resources. In addition, it has developed a number of international legal instruments which directly or indirectly contribute to the protection of the marine and coastal environment. In resolution 51/36, the General Assembly took note of the report of the Secretary-General stating that large- scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and fisheries by-catch and discard are having negative impacts on the living marine resources of the world’s oceans and seas and their sustainable use. We cannot but agree with his deep concern at the continuing reports of activities inconsistent with the terms of resolutions 46/215 and 49/116. As a developing country and a developing coastal State, Nigeria is concerned that such detrimental practices still persist. Even reports of the progress made by members of the international community, international organizations and regional economic integration organizations towards the implementation of relevant resolutions, as indicated in the report of the Secretary-General, do not pacify us. Equally alarming are reports by the Food and Agriculture Organization of the United Nations (FAO) regarding over- fishing by large fleet shipping vessels. Unfortunately, We are happy to note the provision for development assistance to developing States by the General Assembly for this purpose. We must also underscore the need for those concerned to respect applicable international instruments, including, among others, the Convention on the Law of the Sea and the Agreement for the implementation of its provisions relating to the conservation and management of straddling fish stocks and highly migratory fish stocks. It is in this spirit that we also welcome the FAO’s efforts and intent to organize in 1998 a Technical Consultation on Management of Fishing Capacity, which will draft guidelines for the control and management of fishing. I cannot conclude this brief statement without drawing attention to the equally deplorable activities of some industrialized States, which dump toxic and hazardous wastes, especially in the waters of developing States, or carry out other forms of pollution through the deliberate discharge of pollutants such as oil and oily wastes, noxious liquids or solids, and sewage or garbage. In the interest of the marine environment and the preservation of the ecosystem, we call on such States to desist from those acts.

The Argentine Republic considers that the process begun in 1973 with the convening of the Third United Nations Conference on the Law of the Sea is now approaching fruition. This is because of the nearly universal application of the United Nations Convention on the Law of the Sea and because the network of institutions and organs provided for in the Convention have now been established. The hopes expressed in 1973 at the outset of the Third United Nations Conference on the Law of the Sea are now being realized. The nearly universal acceptance of the Convention and the functioning of its institutions clearly prove that law is playing an increasingly important role in international affairs. Given the length of its coastline and its southerly location, Argentina must inevitably give considerable attention to maritime affairs. With a coastline of 4,500 kilometres and with 1.3 million square kilometres of territorial seas, home to some of the world’s most substantial marine living resources, Argentina is particularly active in this area. Here I would recall such For Argentina, the importance of the sea and of the laws and institutions that govern it is heightened by the role of maritime routes in its international trade. For example, vital exports pass to other continents through ports of the Paraná and Plata rivers, notably Buenos Aires and La Plata. Our rivers and seas are not merely a source of resources, but are major trade routes for Argentina. The importance of the sea for Argentina is heightened even further by another geographical reality: the Plata river and the other main navigable rivers in its basin. Through the Paraná-Paraguay canal, which flows into the Plata, the Plata basin extends into the Atlantic Ocean, which facilitates trade by the Southern Cone Common Market (MERCOSUR) with other continents. Argentina therefore has a keen interest in river matters — an interest it shares with Uruguay — as well as maritime interests geared towards trade and cooperation in the framework of a strict policy of environmental conservation and protection. As a coastal State with particular interest in the development of the law of the sea and ocean affairs, Argentina stresses the importance of conserving the marine environment and of adopting the necessary measures to that end, in conformity with international law. Similarly, Argentina pursues a policy of conservation of living marine resources, and has adopted domestic laws to prevent overexploitation in maritime areas under its sovereignty or jurisdiction. Moreover, Argentina has signed the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and hopes soon to become a party to this. The purpose of that Agreement is precisely to avoid overexploitation. I wish to conclude by noting that, in the light of what I have said, the sea is a most important political and economic element of the process of world-wide interdependence. The Argentine Republic therefore considers that the legal order regulating the sea has a fundamental role to play in the context of international law. For Argentina, these political and economic developments have given the law of the sea renewed and growing importance compared with the situation in 1973, when the Third United Nations Conference on the Law of the Sea was getting under way. As an Atlantic State with a special

The item entitled “Oceans and the law of the sea” has special meaning for my delegation, not only because our economy and our geographical location make it relevant to us, but also because we firmly believe that it is a sphere of activity in which international law and cooperation among States should continue to play a particularly important role. Among the most notable activities of the United Nations was the initiative to convene the Third United Nations Conference on the Law of the Sea, which successfully culminated in the adoption of the United Nations Convention on the Law of the Sea — the Montego Bay Convention. The organs established under that Convention have begun functioning, and, following the 1996 election of its members, the International Tribunal for the Law of the Sea held its first sessions in 1997. Uruguay attaches particular importance to the establishment of the Tribunal, as it was among the States that when it signed the Convention opted to submit disputes relating to the interpretation or application of the Convention to the Tribunal’s jurisdiction, as stipulated in article 287 of the Convention. This year also saw the Commission on the Limits of the Continental Shelf begin its work. We welcome the election of its members and are certain that their technical skill and impartiality will ensure that States, such as my own, with continental shelves extending beyond 200 nautical miles will be able to delimit them through the exercise of the rights set out in the Convention. Probably the most important event of this period was the approval by the International Seabed Authority of the plans of work for exploration of seven registered pioneer investors. The long-held dream of exploration of the seabed as the common heritage of mankind is now beginning to come true. With the impetus and dynamism provided by the Secretary-General of the Authority, Ambassador Satya Nandan of Fiji, progress has begun on this and other tasks entrusted to the Authority. We hope that we shall now move on to concrete achievements in this area. We share the view that the various issues relating to the maritime space are very closely interrelated and The fishing resources that are under our jurisdiction and the marine currents that flow freely according to the laws of nature do not recognize limits and borders imposed by man and, in case of an accident, many of our States would be seriously harmed through such forms of transportation. Uruguay believes it essential to proceed to regulate the maritime transport of nuclear material and radioactive waste, and we are prepared to contribute in all areas to ensure that this does not continue. We are following closely the discussions taking place in the International Maritime Organization (IMO) and the International Atomic Energy Agency (IAEA), and it is our understanding that the obligation to safeguard the marine environment requires prior notification of coastal States that are situated along the route of radioactive cargo. The draft objective of the Joint Oslo and Paris (OSPAR) Commission with regard to radioactive substances marks progress in this area, and we hope that it will be adopted in 1998 in Lisbon on the occasion of Ocean Expo 98. As regards accidents involving the transport of nuclear material and other types of maritime accidents, there is need to develop new criteria and procedures for the payment of appropriate compensation. Article 235 of the Convention on the Law of the Sea provides for this form of international cooperation among States in order to determine the responsibilities and obligations related to the assessment of damage and compensation. We believe that the progress made by the Ad Hoc Working Group of Legal and Technical Experts of the Conference of Parties of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal should be complemented by work in the context of the relevant provisions of the United Nations Convention on the Law of the Sea. We shall now proceed to consider draft resolutions A/52/L.26, A/52/L.27, A/52/L.29 and A/52/L.30. Before giving the floor to the next speaker in explanation of vote before the voting, may I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats. I now call on the representative of Turkey.

Among the four draft resolutions before the General Assembly, Turkey will vote against the draft resolution entitled “Oceans and the law of the sea” contained in document A/52/L.26. The reason for my delegation’s negative vote is that some of the elements contained in the Convention on the Law of the Sea, which have prevented Turkey from approving the Convention, are still retained in this draft resolution. Turkey supports all international efforts to establish a regime of the sea that is based on the principle of equity and that can be acceptable to all States. However, the Convention does not make adequate provisions for special geographical situations and, as a consequence, is not able to establish an acceptable balance between conflicting interests. Furthermore, the Convention makes no provision for registering reservations on specific clauses. Although we agree with the Convention in its general intent, and with most of its provisions, we are unable to become a party to it owing to these serious shortcomings. This being the case, we cannot support a draft resolution which provides that States should harmonize their national legislation with the provisions of the Convention on the Law of the Sea and should ensure the consistent application of those provisions.

We have heard the only speaker in explanation of vote before the voting. The Assembly will now take a decision on draft resolutions A/52/L.26, A/52/L.27, A/52/L.29 and A/52/L.30 one by one. A recorded vote has been requested. [Subsequently, the delegations of Eritrea and Ghana informed the Secretariat that they had intended to vote in favour.]

We turn next to draft resolution A/52/L.27, entitled “Agreement concerning the Relationship between the United Nations and the International Seabed Authority”. May I take it that the Assembly decides to adopt draft resolution A/52/L.27?

We now turn to draft resolution A/52/L.29, entitled “Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks”. May I take it that the Assembly decides to adopt draft resolution A/52/L.29?

We now turn to draft resolution A/52/L.30, entitled “Large-scale pelagic drift- net fishing: unauthorized fishing in zones of national jurisdiction and on the high seas; fisheries by-catch and discards; and other developments”. I should like to announce that since the introduction of the draft resolution, Singapore has become a sponsor of draft resolution A/52/L.30. May I take it that the Assembly decides to adopt draft resolution A/52/L.30? I call on the representative of China.

The Chinese delegation wishes to exercise its right of reply because this afternoon the representative of Viet Nam, in his statement before the General Assembly, referred to the Chinese territory of Xisha and Nansha Islands. The Chinese delegation is compelled to express its views on this issue. First, Xisha and Nansha Islands have, since ancient times, been a part of Chinese territory. This is based on experience and on our practices in exploring that part of the South China Sea. It has also been made clear in numerous international instruments, and has been confirmed by international practices, including the confirmation of the Government of Viet Nam. Secondly, the Chinese Government has always maintained that a peaceful resolution of the problem should be achieved through bilateral negotiations. As I mentioned during the general debate, the Chinese Government is in favour of resolving the dispute appropriately through negotiation in accordance with well-established international law, including the principles established in the United Nations Convention on the Law of the Sea. The Chinese Government is at present in the process of conducting consultations in this respect. Thirdly, China is opposed to the internationalization of the question of the Nansha Islands. It also opposes intervention in the issue by nations outside the region. We believe that the parties to the dispute should abide by international law, the guidelines governing relations between States and the principles for the settlement of international disputes. The issue should not be made more complex.

I now call on the representative of Viet Nam.

My delegation wishes to refer to the question of the Eastern Sea, also known as the South China Sea. My Ambassador, the Permanent Representative of Viet Nam, in his address to the General Assembly this afternoon, reaffirmed Viet Nam's

I now call on the representative of the Philippines.

I wish to speak on the issue of conflicting claims in the South China Sea, which was raised both during the general debate and just now in statements made in right of reply. The Philippines is also a claimant, and still maintains its claims to areas of the South China Sea. Having said that, however, we believe in, and have been working towards, a just, peaceful and lasting solution to the conflicting claims. I might add that our desire to settle these disputes peacefully is driven not only by the fact that we fully realize that the peace and stability of our region has been the fundamental basis for our sustained growth, which is of record proportions, but because we are very much aware of the potential for conflict in the region. We are talking about potential strategic resources and strategic sea lanes in a region of great diversity — a region of very diverse history, language, culture, religion and colonial experience, all of which, together, could be quite a heady mixture for conflict. Perhaps in any other region in the world it would have resulted in conflict. There is no outward and manifest conflict over these claims. We are working. All the claimants, except one, are members of the Association of South-East Asian Nations (ASEAN) and the one that is not a member of ASEAN is a very close partner of ASEAN in regional dialogue. I believe that we will eventually not have to discuss matters like this in this forum, because we will eventually find a solution to these problems.

We have concluded this stage of our consideration of agenda item 39.