A/77/PV.49 General Assembly

The General Assembly will now continue the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea, in accordance with resolutions 76/72, of 9 December 2021, and 77/5, of 2 November 2022. I should like to remind participants that statements in the commemoration, including statements by delegations, shall be limited to 10 minutes, as stipulated in resolution 77/5.

I thank the President for convening this commemorative event and warmly congratulate all members of the United Nations Convention on the Law of the Sea (UNCLOS) on this momentous occasion. As we mark the fortieth anniversary of the adoption of the Convention today, it gives us the opportunity to reflect on how much we have achieved so far and the major challenges for its implementation. The adoption of UNCLOS, in 1982, was a landmark initiative, under the auspices of the United Nations, to establish a rules-based international order governing the oceans and seas. Over the past four decades, the Convention has successfully standardized States’ claims to maritime zones and the resources within them and provided States with mechanisms for settling disputes in a peaceful manner. In that way, it has contributed to preventing conflicts over the ocean and its resources around the globe. The three key institutions created under UNCLOS  — namely, the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority  — are making a significant contribution to the governance of the oceans and seas, with their respective mandates. Since its adoption, a total of two additional instruments have been concluded under the Convention — the 1994 Agreement relating to the Implementation to Part XI of UNCLOS and 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. Another important treaty, namely, a legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction, is currently being negotiated under the auspices of UNCLOS. UNCLOS bears critical importance for Bangladesh. Given our scarce land-based resources, we depend a lot on the ocean and sea for food, energy and the overall livelihood of our population. Much of our trade is carried out over the seas. A significant number of Bangladeshi seafarers are working around the world. As an early member of the Convention, we are strong defenders of the Convention and the obligations therein. Following our ratification of the Convention, in 2001, we have made significant efforts towards its implementation. We resolved our maritime boundary disputes with neighbouring countries, in accordance with Part XV of UNCLOS. We submitted our claim over the outer continental shelf in the Bay of Bengal, pursuant to the relevant provision of the Convention. At the national level, we enacted the Maritime Zones Act and a comprehensive blue economy development work plan, in conformity with UNCLOS. UNCLOS is the most successful multilateral instrument negotiated thus far under the auspices of the United Nations for international maritime cooperation. However, today we face numerous constraints to the implementation of the Convention. Climate change-induced sea-level rise has emerged as one of the most significant threats to the health of our oceans. Coastal erosion is worsening. Marine plastic litter and other types of marine pollution are increasing at an alarming rate. Unsustainable fishing, including illegal, unreported and unregulated fishing, remains a great concern. A third of fish stocks are overexploited, marine biodiversity continues to decrease, and approximately half of all living coral has been lost. While progress has been made towards the achievement of some of the targets of Sustainable Development Goal 14, action is not advancing at the speed or scale required to meet all of the Goals of the 2030 Agenda for Sustainable Development. The implementation of the Paris Agreement on Climate Change and related instruments bears critical importance in addressing the adverse effect of climate change on the oceans. The resolution adopted at the resumed session of the fifth United Nations Environment Assembly, held in Nairobi earlier this year, to launch an intergovernmental process in order to end plastic pollution and to forge an internationally legally binding agreement in that regard by 2024 is a step in the right direction to check marine pollution. The early conclusion of the legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction will be another important milestone in the conservation, protection and management of the marine environment beyond national jurisdiction, under the purview of UNCLOS. The renewed political commitment of global leaders at the recently concluded second United Nations Ocean Conference is expected to accelerate our efforts to protect the health of our oceans. Above all, we need global solidarity more than ever in upholding the rule of law in the oceans, as established by the Convention. On this joyous occasion, we take this opportunity to call upon all remaining States to join the Convention in order to make it truly universal.

It gives me great pleasure to deliver these remarks on behalf of the members of the Pacific Islands Forum in Kiribati, on this happy fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). As stewards of the largest body of ocean through which we live and breathe, we are proud and strong defenders of the Convention. It safeguards our political, economic and development aspirations. Indeed, the Convention shapes our Blue Pacific continent, which spans a combined exclusive economic zone of over 41 million square kilometres and lies at the heart of the Pacific Islands Forum Leaders 2050 Strategy for the Blue Pacific Continent. The importance of UNCLOS is even more critical today as the world becomes more interconnected. The value of global trade has grown exponentially. The freedom of navigation remains an essential condition for our global supply chains and economies. The establishment and maintenance of maritime zones and the rights and entitlements flowing from them is of paramount importance to us and remains a high priority for our region, as reaffirmed by the Leaders of the Pacific Islands Forum at their fifty-first meeting, held in Fiji in July. We consider the preservation of maritime zones to be an integral part of maintaining the balance of rights and obligations under UNCLOS and respecting coastal States’ jurisdiction, sovereignty and sovereign rights in the various maritime zones. Securing maritime zones against the threats of sea- level rise is the defining issue underpinning the full realization of our Blue Pacific continent. To that end, we continue to uphold the 2021 Pacific Islands Forum Leaders Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-level Rise, firmly rooted and grounded in UNCLOS. We thank all countries that have formally supported that initiative and welcome those that have not done so to join us. This week begins the fifteenth Conference of the Parties to the Convention on Biological Diversity. We look forward to the adoption of the post-2020 global biodiversity framework with a view to providing a strategic vision and a global road map for the conservation, protection, restoration and sustainable management of biodiversity and ecosystems over the next decade. In the new year, we look forward to a speedy conclusion of the new instrument for the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction. As Pacific peoples, we value and depend upon our vast ocean, our island resources and the integrity of our natural environment. We are at the forefront of regional tuna fisheries management. Fisheries remain critical for our food security, sustainable development and our recovery from the impacts of the coronavirus disease pandemic. While taking note of the endorsement of the partial Agreement on Fisheries Subsidies at the twelfth World Trade Organization (WTO) Ministerial Conference in 2022, we call on all WTO members to advance the ratification of the Agreement and to commit to the second wave of negotiations, especially on overcapacity and overfishing. Through our 2050 Strategy for the Blue Pacific Continent, we are committing to protect our oceans and environment and to safeguard the integrity of our natural systems and biodiversity through conservation action and by minimizing activities that degrade, pollute or overexploit our ocean environment. We have strong concerns about the significance of the potential threat of nuclear contamination to the health and security of the Blue Pacific. Faced with a painful nuclear-testing legacy, we are determined to avoid future transboundary and intergenerational impacts of nuclear contamination in our Blue Pacific, as articulated under the South Pacific Nuclear Free Zone Treaty. We therefore reaffirm the importance of ensuring international consultation, international law and independent and verifiable scientific assessments. We must strive for the highest standards — not only of nuclear safety, but of environmental and marine protection. In conclusion, we reiterate that UNCLOS must remain our compass as we voyage towards the next 40 years. Allow me now to offer some quick remarks in my national capacity. For Fiji and for much of the world, UNCLOS has provided stability and certainty over 40 years. It has provided a clear and unambiguous framework for dispute resolution. That framework is both robust and strong, but its integrity depends on all States accepting and acknowledging the jurisdiction of the institutions that we have established together. That is how multilateralism works. As individual Member States, we participate in the United Nations with a commitment and determination to uphold the rules of the system. At a time when our ocean is facing such incredible pressures, ocean governance can be undermined and weakened through unilateral action. This global commons belongs to all of us. We must remain invested in cooperating and resolving issues through dialogue and through the institutions established under UNCLOS. The fortieth anniversary is therefore a moment for all Member States to rededicate themselves to upholding the core elements of UNCLOS and working cooperatively to expand ocean governance, including through a legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and a plastics treaty, and speedily return this common heritage of humankind to stability and our planet to a 1.5℃ pathway. Fiji stands ready to work with all Member States in order to achieve those outcomes. We will seek to continue to make our contribution — not only because we place so much value on multilateralism, but also because multilateralism is so foundationally an extension of our national interests, culture, traditional knowledge systems, beliefs, food, livelihoods, trade, tourism, fish, biodiversity and health. Those are all contingent and dependent on sound ocean governance. The security and well-being of our coastal communities, now threatened by rising sea-levels, is connected to sound ocean governance. Ultimately, our security as a nation is connected to the integrity and robustness of ocean governance, at the heart of which lies UNCLOS. That is how high the stakes are for us small island States in the Blue Pacific and for people and communities across our many islands.

It is a pleasure to see the representative of Burundi presiding over our work. I thank the President for organizing this meeting to commemorate the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). The codification of the law of the sea was a colossal undertaking in Montego Bay, 40 years ago, which gave birth to a landmark convention, the United Nations Convention on the Law of the Sea. The Convention is the fruit of long, arduous and unprecedented negotiations. Its adoption is the result of international cooperation, compromise and multilateral effort par excellence. It goes without saying that, with 168 States parties, we can affirm that the Convention is widely accepted  — especially since many provisions of the Convention reflect international customary law. Morocco, which signed the Convention on 10 December 1982 and ratified it on 31 May 2007, remains convinced of its centrality and importance. By regulating maritime activities and establishing the rights and duties of States parties, the Convention has created a comprehensive and predictable normative framework for the management of maritime spaces. One of the Convention’s key features is the flexibility it provides. That allows it to keep pace with future developments. For example, 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 was based on the Convention, without undermining it. Forty years after its adoption, it is clear that there is still a need to ensure that it remains relevant and applicable, given the development of marine technologies. Similarly, capacity-building, particularly for developing countries, remains central to balancing the playing field and enabling those States parties most in need to benefit from the relevant provisions of the Convention. The health of the ocean must be at the centre of our collective efforts. Morocco is deeply concerned about the degradation of the ocean due to human activities that accentuate the devastating effects of climate change and contribute to the deterioration of biodiversity. Ocean acidification and sea-level rise are among the most worrisome and threatening phenomena for our environment. For our environment to face those challenges, the renewed commitment of the international community is pivotal to protect the biodiversity of the oceans, restore those ecosystems and use its resources sustainably for both present and future generations. As a coastal State, the protection and conservation of the marine environment and its biodiversity is at the heart of the concerns of the Kingdom of Morocco. We are convinced that the international community must redouble its efforts to fight against the great perils that threaten humankind and, in particular, those that affect the oceans. Finally, it is in keeping with those values and in that spirit that Morocco is engaged in the process of negotiating a legally binding international instrument on the United Nations Convention on the Law of the Sea, as well as on the conservation and sustainable use of biodiversity, in a legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. We welcome the resumption of the fifth session of the conference from 23 February to 5 March and stand ready to contribute in a constructive manner in order to finalize our work and to build a new and suitable global legal regime for the conservation and sustainable use of our oceans.

Allow me, on behalf of my delegation, to greet the high-level representatives present here today and to congratulate the President on the excellent initiative to hold this high-level plenary meeting on the occasion of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982 in Montego Bay. The Dominican Republic associates itself with the statement made by the representative of Guatemala on behalf of the Latin American and Caribbean countries that are States parties to the Convention (see A/77/ PV.48). On the threshold of the fortieth anniversary of UNCLOS, a historic milestone as one of the most important multilateral treaties in history since the adoption of the Charter of the United Nations, this instrument is considered to be the Constitution of the oceans. We congratulate ourselves for having understood then that the oceans should be protected, for having understood that, in spite of mistakes made along the way, our actions were aimed at safeguarding the oceans and the entire planet. After having been taught for millenniums that human beings should dominate nature, we finally learned that in order to survive as a species it is necessary to learn to coexist with it. Undoubtedly, UNCLOS by its nature — in addition to the establishment of regulations, the codification of norms and the development of international law — has a fundamental characteristic: its conceptual basis as a global agreement, and its success lies in the commitment and the collective effort and support of the States parties. The Dominican Republic, a coastal country, has always attached the greatest importance to the sea, which is why it signed UNCLOS in 1982 and proceeded to ratify it in 2009. Likewise, Santo Domingo hosted the first Conference on the Law of the Sea in Latin America, held in 1956. However, we have to admit that, despite the many agreements, the many declarations and the many efforts made, the sea and everything that surrounds it is still fragile, still under attack and still in need of our commitment, as is the very fact that our coral reefs and their biodiversity are dying as a result of the acidification of the oceans due to global warming, including the pollution caused by maritime transport. In fact, projections indicate that 90 per cent of the world’s corals will disappear with a temperature increase of just 1.5℃. And hundreds of millions of fish, including sharks, are caught every year, much of it illegally. Millions of tons of plastic waste are pumped into oceans every year. That damages biodiversity and marine ecosystems, where pollution causes the death of 100,000 marine species each year. In the face of such threats, the Government of the Dominican Republic continues to work with determination in order to save the sources of life. The State’s budget for environmental protection has increased from less than $2 million to $11 million. In addition, a binational marine conservation area will be created, together with our sister country of Colombia. That will protect 30 per cent of the country’s waters. In our territory, more than 30 per cent of coastal areas are under legal protection. The Dominican Republic appreciates and recognizes the work and efforts made by the Commission on the Limits of the Continental Shelf, the International Seabed Authority and the International Tribunal for the Law of the Sea. Our Government reaffirms its commitment to UNCLOS in all its parts and emphatically wishes to emphasize the special importance for our country and for the world that the negotiations that are being carried out in United Nations Headquarters of an international legally binding instrument within the framework of the United Nations Convention on the Law of the Sea, concerning the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, be agreed and implemented as soon as possible in order to complement the provisions and legal aspects contained in the Convention without undermining the importance and effectiveness of other existing conventions.

It is a great honour and privilege for me to take the floor at this General Assembly meeting commemorating the fortieth anniversary of the adoption and signing of the United Nations Convention on the Law of the Sea, particularly because I have had the opportunity of being able to deal with the law of the sea and its development for the greater part of my professional life — first, as a representative of Austria to the Seabed Committee; subsequently, to the third United Nations Conference on the Law of the Sea; later, as a Judge and Vice-President of the International Tribunal for the Law of the Sea; and finally, as a President of the Assembly and Chairman of the Review Committee of the International Seabed Authority. In view of the limited time available, I will endeavour to shorten my presentation. The fortieth anniversary of the Convention is yet another excellent occasion to look back at what has been achieved as well as to consider the remaining challenges and those lying ahead. Let me recall that the representatives to the Conference worked hard for years to try to overcome the many insurmountable difficulties on the way to the conclusion and adoption of this great legal instrument. In those endeavours, they were guided to success by outstanding personalities from all geographical regions, in particular by the two successive Conference Presidents — the late Hamilton Shirley Amerasinghe of Sri Lanka and Tommy Koh of Singapore. We very much regret not having him in our midst during this commemoration. The United Nations Convention on the Law of the Sea is truly a monumental achievement. It has shaped a whole generation of diplomats and international lawyers and is rightly referred to as a Constitution for the oceans. It lays down clear and universal rules for coastal State maritime jurisdiction and represents a common and indispensable denominator for the different maritime interests of all States, whether coastal or landlocked, in balancing their respective rights and duties over an area that represents more than half of our planet and its resources. There are also certain unavoidable gaps and imperfections in the Convention, as there have been developments in the law of the sea that had not or could not have been foreseen at the time of its adoption. The complexity of implementing some of its provisions was certainly underestimated by the negotiators. In addition, new scientific insights in various fields relating to the ocean have since been gained. From the very start of the negotiations leading to a new law of the sea, Austria has had the honour of chairing the Group of Landlocked and Geographically Disadvantaged States, co-chaired by Singapore, which in the end comprised 55 States, including 29 landlocked countries. The Maltese proposal to declare the seabed and the ocean floor beyond the limits of national jurisdiction the common heritage of humankind  — presented by the great visionary Ambassador Arvid Pardo, whom I had the honour of knowing personally — was from the very beginning highly welcomed and supported by the Group. It should be noted that 32 out of 43 landlocked States with United Nations membership are developing countries, 11 of which are classified by the Organization as least developed countries. It is regrettable that, as the Convention has been moving towards achieving universality, around one third of landlocked States still decided to remain outside it and therefore are not able to enjoy the benefits it offers. Let me take this special occasion to make some brief remarks on the institutions created by the Convention and their work. The International Seabed Authority is now moving from the exploration to the exploitation phase and has therefore arrived at a critical juncture of its existence. The exploitation regulations, which will have to take into account the serious environmental concerns that have been expressed in this context, are currently on the way to being finalized. In the view of many countries, including Austria, minerals in the Area should not be exploited before the effects of deep- seabed mining on the marine environment, biodiversity and human activities have been sufficiently researched in line with the precautionary principle and the ecosystem-based approach. At the present time, it is still uncertain when exploitation will actually start. It is therefore very hard to determine the amount of seabed revenues that would be available for distribution to States Parties. In any case, we agree with the suggestion that the establishment of a seabed-sustainability fund that would be used to support global public goods, investment in human and physical capital or deep-sea research and conservation, could be a viable alternative to simple financial distribution of funds to States Parties. With regard to the priority groups of recipients from among developing countries, in our view, the least developed countries, the landlocked developing countries and the small island developing States should be at the top of the list. With regard to the distribution of benefits to be derived from payments to be made by coastal States exploiting the continental shelf beyond 200 nautical miles under Article 82 of the Convention, these three groups of States should likewise be accorded priority. The major innovation of the dispute-settlement provisions of the Convention is certainly the possibility for States to have recourse to the International Court of Justice, arbitration and the International Tribunal for the Law of the Sea (ITLOS). At the beginning, the creation of this new Tribunal met with a certain amount of criticism. However, the evidence of the past decades has shown that the danger of conflicting jurisdictions has been widely overestimated. A fragmentation of the law of the sea, feared by some, has thus far not occurred. Since its establishment, ITLOS has further developed the law of the sea in certain areas, in particular with respect, inter alia, to the protection and preservation of the marine environment. The overall record of the decisions rendered by the dispute-settlement bodies referred to in the Convention is quite remarkable, as a number of uncertainties in the law of the sea have been clarified. However, there are still many unresolved law of the sea issues, in particular regarding delimitation between States with adjacent or opposite coasts, of which there may even be a few hundred. There is therefore still a lot of room for States to make use of the dispute-settlement system enshrined in the Convention. It has to be admitted that the experience of the past decades has shown that the highly important role of the third institution established by the Convention, the Commission on the Limits of the Continental Shelf, has not been genuinely recognized by the negotiators. Despite its heavy responsibilities, the Commission is the only body under the Convention that does not operate full time to fulfil its mandate. Although it has made substantial progress in its work over the years, it is still faced with an immense workload ahead. Improvements in science and technology coupled with deeper knowledge of continental-shelf areas, have undoubtedly increased the complexity of submissions by coastal States, requiring more time and analysis. It therefore unfortunately seems quite unlikely that the Commission will be able to complete its work before it is time to celebrate the fiftieth anniversary of the adoption and signing of the Convention in this Hall. We share the disappointment of many delegations that on the present occasion we are not yet in a position to celebrate the successful conclusion of negotiations on an agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. It remains crucial that a consensus be reached on quite a number of unresolved issues that would also offer a firm basis for the subsequent adherence to this new agreement by as many States as possible. We have been heartened by the statement of the President of the Intergovernmental Conference on Marine Biological Diversity of Areas Beyond National Jurisdiction, Mrs. Rena Lee, who is so ably continuing the great Singaporean tradition of bridge-building, that “the Conference was closer to the finish line than ever”. Austria wishes her and her excellent team of facilitators all the very best for the resumed session of the Conference in February and March. Looking back at the 40 years that have elapsed since the adoption of the United Nations Convention on the Law of the Sea, the conclusion can be drawn that the Convention has proved its value as a living treaty, having provided a firm legal basis for the conduct of all States with respect to the oceans and seas. It was adopted during a window of opportunity, and it seems doubtful that an undertaking of such magnitude would be successful today. The substantive balance between the rights and interests of all segments of the international community constitutes the foundation of the Convention. Great care must therefore be taken not to upset this delicate balance. Today we are facing new and great challenges in the law of the sea, such as addressing the impacts of climate-change-induced sea-level rise. Experience has shown that the best way to further develop the universal law of the sea is to build upon provisions of the Convention and to operationalize general obligations already contained therein. The aim must be to arrive at a comprehensive and effective system of ocean governance in areas beyond as well as within national jurisdictions in order to protect and strengthen the resilience of the ocean for future generations. Allow me at this time, exactly 56 years after I first had the honour as a representative of Austria to speak in this Hall, to bid farewell to the General Assembly — but not to the law of the sea.

We deeply appreciate the initiative to convene this commemoration and are grateful to the speakers for providing a clear picture of the current relevance of the legal regime established by the United Nations Convention on the Law of the Sea (UNCLOS) 40 years after its adoption. Italy aligns itself with the statements delivered by the observer of the European Union on behalf of the European Union and its member States, the representative of Iceland on behalf of the Western European and Others Group States Parties to UNCLOS, and the representative of Viet Nam on behalf of the Group of Countries, respectively (see A/77/PV.48). I would like to add the following remarks in my national capacity. Ever since its adoption, UNCLOS has established itself as the legal framework for the law of the sea within which all activities in the oceans and the seas must be carried out. This is clearly reflected in the high number of ratifications by States Parties from all parts of the world, be they developed or developing States, maritime nations or land-locked countries. Over time, UNCLOS has given birth to other instruments and bodies, such as the International Seabed Authority, the International Tribunal for the Law of the Sea (ITLOS) and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks, which have contributed to creating what we may today call the “UNCLOS system” which is a system that has proved to be extremely effective, not only for the codification of international law in this field, but also for its development, thanks to the innovation and flexibility it provides as well as to the case law provided by its own judicial body, ITLOS. At the same time, since UNCLOS was adopted in Montego Bay 40 years ago, new challenges have emerged: existential environmental threats, mostly related to climate change and loss of biodiversity; the increased use of the seas for illegal activities that endanger not only the safety of navigation, but also fundamental human rights; the proliferation of unilateral maritime claims not grounded in the provisions of UNCLOS; and the unsustainable use of the resources of the oceans. In this latter respect, precisely because of the urgency to provide an effective international legal regime for the conservation and sustainable use of marine resources, Italy strongly supports the conclusion of an ambitious, effective and universal agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction at the fifth resumed session of negotiations. At the same time, Italy supports the ongoing negotiations within the International Seabed Authority and remains convinced that deep-sea mining should not be authorized until after the adoption of a strong and adequate regulatory framework, based on sound scientific knowledge, the precautionary principle and the ecosystem approach, preventing harmful effects on the marine environment. Let me also recall that, as the number of States Parties grows and the potential for disputes expands, Part XV of UNCLOS on the peaceful settlement of disputes has become increasingly important. The value of the work of the arbitral and judicial forums, in particular ITLOS, cannot be emphasized enough, as these bodies ensure peaceful relations among States Parties and promote respect and compliance with the substantive obligations under UNCLOS. Only through peaceful and legal enforcement of States’ claims and rights can we ensure the peaceful and sustainable management of our seas and oceans in the long term, with mutual benefits for all. Italy has always been a staunch supporter of the principle of freedom in the high seas, including freedom of navigation, and is particularly committed to the achievement of Sustainable Development Goal 14. At the same time, we stand at the forefront when it comes to the primacy of the rule of law in international relations, especially in extraordinary times such as those in which we are living these days. We will continue to uphold the principles of international law, including those enshrined in the UNCLOS system, and contribute actively to the implementation and further development of the law of the sea.

The Philippines thanks His Excellency Mr. Csaba Kőrösi, President of the General Assembly, for convening this meeting, and His Excellency Mr. António Guterres, Secretary- General of the United Nations, for his remarks that set the tone for this gathering to mark the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). Amid the unprecedented challenges and the global emergency facing the world’s oceans, the Convention remains a bulwark for humankind. As an archipelagic State and a maritime nation with a seafaring tradition, the Philippines reaffirms that the Convention is the legal framework within which all activities in the oceans and seas must be carried out. For the Philippines, it was but natural to support the unprecedented multilateral effort to craft the Convention. For us, water is life, and inevitably so, as the country is an archipelago of 7,641 islands. The livelihoods of the majority depend primordially on the health of our seas and oceans. Lest we forget to whom our diplomatic efforts redound, let us be reminded of the fisherfolk, the seafarers and the coastal citizens whose lives are affected daily and directly by our common waters and therefore by the Convention. We signed it on the day it opened for signature. A year and a half later, we were among the first few States that submitted their instruments of ratification in the common aspiration to establish a legal order for the seas and oceans. The Convention remains the constitution of the oceans, establishing clear rules to promote their peaceful uses, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment. It clearly defined limits on the maritime areas in which States are entitled to exercise sovereign rights and jurisdiction. It comprehensively allocated rights to maritime areas. The Philippines has complied in good faith with its obligations under the Convention. Observance and compliance with the rules and norms codified and developed in the Convention contribute to the strengthening of peace, security, cooperation and friendly relations among all nations, consistent with the Charter of the United Nations. Compliance with the Convention is required of all States Parties. Within this framework, the Philippines, as a coastal State, sought to clarify its maritime entitlements, including to a territorial sea, an exclusive economic zone and a continental shelf in the South China Sea, and to clarify the rights and obligations of States Parties within these zones. To us, the dispute-settlement mechanisms provided for by the UNCLOS are a triumph of the advocacy for the peaceful resolution of international disputes. Likewise, decisions from these mechanisms are international law. They are final; claiming otherwise would not only be an affront to the UNCLOS, but to the rule of law in general. It is in this vein that the Philippines reaffirms the 2016 arbitral award on the South China Sea and calls on all parties to respect it. The 2016 arbitral award is a resounding reaffirmation of the Convention. In providing authoritative interpretation of key provisions of the Convention, the award is a milestone in the corpus of international law, the cornerstone of a rules-based regional and international order. The arbitration award conclusively settled the status of historic rights and maritime entitlements in the South China Sea. It is available to other countries with the same problematic maritime features as ours. It benefits the world across the board. As we commemorate the fortieth year of the adoption of Convention, we celebrate the issuance of the arbitral award as a singular contribution to the strengthening of the Convention. Together, they are the anchors of our positions and actions on the South China Sea. In the spirit of the Manila Declaration on the Peaceful Settlement of International Disputes, which this year also marks the fortieth anniversary of its adoption, recourse to the settlement of legal disputes should not be considered an unfriendly act between States. Rather, it is the recognition of the rule of law as a means to settle disputes amicably, achieve peace, advance a rules-based and equitable international order, and foster cooperation among friendly, responsible, law-abiding and civilized nations. Forty years since the adoption of the United Nations Convention on the Law of the Sea and almost 30 years since its entry into force, the Philippines reaffirms its commitment to the Convention. Beyond merely reflecting universally recognized principles, UNCLOS is an instrument of international law and a landmark document entrusted to us and future generations by its visionary framers.

The delegation of the Sultanate of Oman is pleased to partake in the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS), which was an important event in international cooperation and understanding on issues related to the law of the sea. It was also a great achievement that has entrenched the role of law as a key component that governs international relations. The Sultanate of Oman would like to stress its commitment to the United Nations Convention on the Law of this Sea of 1982. My country was one of the first 60 States to deposit their instruments of ratification of the Convention on 17 August 1989. The Convention entered into force 12 months later, namely, after the sixtieth instrument of ratification or accession was deposited. On 28 September 1996, the Royal Decree 77/1996 marked the accession of the Sultanate of Oman to the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, and, on 26 February 1997, we deposited the instrument of accession to the Agreement. On 23 January 2007, the Royal Decree 10/2007 approved the accession of the Sultanate of Oman 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. The accession instrument of that Agreement was deposited on 14 May 2008. The Sultanate of Oman attaches great importance to oceans and the law of the sea in the context of the Strategic |Development Plan  — Oman’s Vision 2040. That is evidenced by our adopting laws that aim to preserve maritime resources, guarantee the optimal use of maritime wealth and promote the blue economy, in keeping with achieving the Sustainable Development Goals. The United Nations Convention on the Law of the Sea has introduced integrated rules covering all maritime areas and their use. It has also contributed to settling maritime disputes by peaceful means, drawing on mechanisms that it has established, including the International Tribunal on the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. The latter plays a large and significant role in determining the outer limits of the continental shelf. In conclusion, the great importance the Sultanate of Oman attaches to the United Nations Convention on the Law of the Sea is seen in the alignment of our national legislation with it. We believe that the effective implementation of the Convention can contribute to achieving the Sustainable Development Goals and bringing about a new phase of constructive cooperation on sea and ocean matters. Dame Barbara Woodward (United Kingdom): The United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy and international law. It is a critical part of the rules- based international system. The Convention has made a significant contribution to global peace, prosperity and security by providing consistency and certainty about ocean governance. It provides the legal framework for all maritime activities. The United Kingdom is committed to upholding the Convention’s rules and securing the implementation of its rights and obligations. This legal framework applies in the South China Sea, as it also does across the rest of the world’s oceans and seas. In that context, the United Kingdom underlines the importance of the unhampered exercise of the freedoms of the high seas, in particular, the freedom of navigation and overflight and the right of innocent passage enshrined in UNCLOS. However, the United Kingdom recognizes that challenges to ocean governance remain. The United Kingdom acknowledges the particular concerns of the member countries of the Pacific Islands Forum and the Alliance of Small Island States with respect to the stability of their maritime boundaries in the face of sea- level rise. Despite the duty of States to protect the marine environment, the health of the ocean has significantly degraded owing to human action, including from industries directly regulated by UNCLOS. The United Kingdom is a founding member of the Illegal, Unreported and Unregulated Fishing Action Alliance launched at the United Nations Ocean Conference in Lisbon earlier this year. As the leader of the Global Ocean Alliance and Ocean Chair of the High Ambition Coalition for Nature and People, alongside Costa Rica and France, and a member of the High Ambition Coalition for Biodiversity Beyond National Jurisdiction, the United Kingdom looks forward to the conclusion of an ambitious agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction at the resumed fifth session of the intergovernmental conference in February 2023.

As an archipelagic State, Papua New Guinea welcomes today’s commemorative celebration on the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) and acknowledges in particular the delegation of Singapore for its important coordination of and leadership in this two-day event. We pay special tribute to the international community for its foresight, wisdom and boldness for the establishment of the modern legal framework for ocean governance, in the form of UNCLOS. The Convention was a monumental and historic achievement, and, in the 40 years since its adoption, it has proved to be one of the most successful international agreements ever created to govern the global commons. Imagine, for a moment, where the international community would be today without UNCLOS. As a Party to the Convention, Papua New Guinea is committed to upholding and defending UNCLOS as the constitution of the oceans and the legal framework within which all activities in the oceans and seas must be carried out. We have benefited immensely over the years since becoming a Party to UNCLOS. This is demonstrated through, inter alia, multi-stakeholder partnerships, including at the bilateral level, and engagement with the United Nations system and the regional fisheries organizations, which have strengthened our national institution-building and capacity-building, so as to address oceans governance and help us to better conserve and sustainably use our marine resources, including fisheries, for our national development. It has also fostered the rule of law in our maritime zones and beyond, and, in so doing, it continues to promote peace and security for our country and the international community. In the view of Papua New Guinea, one of the great strengths of UNCLOS is that it provides legal certainty and predictability in protecting the jurisdiction, sovereignty and sovereign rights of all States, which is especially important for small developing maritime States like mine and the rest of the Pacific islands. Another fundamental strength of UNCLOS is that it is not a static instrument. The Convention establishes not only rules and norms but also principles. and it has built- in flexibility when it comes to responding to evolving circumstances. Today these evolving circumstances include the threats of sea-level rise and climate change and the challenge of sustainable development. In that regard, my delegation joins our Pacific Islands Forum members in calling attention to our regional landmark Leaders’ Declaration on Preserving Maritime Zones in the face of Climate Change-related Sea-level Rise, adopted in August 2021. The Declaration is a formal statement by Pacific island leaders that our maritime zones, once they are established in accordance with UNCLOS, as well as the rights and entitlements flowing from them, will be maintained and will continue to apply without reduction, notwithstanding any physical changes connected to climate-change-related sea- level rise, and that this is supported by UNCLOS and the principles underlying UNCLOS. We welcome the growing international support for it, including as shown through the Alliance of Small Island States leaders’ declaration of September 2021. We also recognize the dynamism of UNCLOS in the context of its valued contributions to the attainment of the Sustainable Development Goals (SDGs) in The Future We Want, as reflected in SDG 14, and also championed through the United Nations Ocean Conferences. In similar vein, with regard to the application of UNCLOS for the further protection of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction under an international legally binding instrument under UNCLOS, we are strongly committed to the intergovernmental process, and my delegation looks forward to an ambitious and successful conclusion to it early next year. In conclusion, Papua New Guinea reiterates its steadfast commitment to the primacy of UNCLOS as the enduring legal order for the oceans and the seas.

At the outset, Brunei Darussalam would like to express its congratulations on the commemoration of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). We would also like to thank the States parties to UNCLOS for continuing to support its important legal framework and to encourage those that have yet to become party to UNCLOS to do so as soon as possible in order to ensure universal adherence to the Convention and further improve global maritime governance. The framework of compulsory dispute-settlement mechanisms under UNCLOS has enabled States to resolve their differences peacefully through bilateral negotiations, arbitration or third- party adjudication. A framework that champions dialogue and consultations for dispute resolution must be appreciated, especially at a time when the world is facing many challenges. Brunei Darussalam ratified UNCLOS on 5 November 1996. For a small coastal State that strongly supports a rules-based multilateral system, this year’s anniversary testifies to the fact that with more than 168 States parties, UNCLOS remains the constitution of the oceans, setting out an international order and comprehensive legal framework within which activities in the oceans and seas must be carried out in a balanced and integrated manner. It is crucial that UNCLOS continue to contribute to that stability, given the critical role of the ocean in ensuring the well-being of nations by providing resources, the means for conducting trade and commerce and transportation and one of the main repositories of the world’s biodiversity. In that regard, we look forward to the resumption of the fifth session of the Intergovernmental Conference on an international legally binding instrument under UNCLOS on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction, as an important step to build on the vision of UNCLOS to protect, conserve and restore marine life and ensure the sustainable use of ocean resources while strengthening the existing governance framework. The timely adoption of the declaration entitled “Our ocean, our future, our responsibility” at the United Nations Conference to Support the Implementation of Sustainable Development Goal 14 further demonstrates our collective determination to act decisively and urgently to improve the health, productivity, sustainable use and resilience of the ocean and its ecosystem. Brunei Darussalam will continue to work together with the international community in upholding the purposes and principles of UNCLOS.

Guyana aligns itself with the statements delivered by the representatives of Guatemala, on behalf of the States parties from Latin America and the Caribbean to the United Nations Convention on the Law of the Sea (UNCLOS), and Jamaica, on behalf of the Caribbean Community (see A/77/PV.48). Often referred to as the constitution of the oceans, the United Nations Convention on the Law of the Sea lays down a comprehensive regime of law and order aimed at promoting the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation and sustainable utilization of their living resources and the study, protection and preservation of the marine environment. As stated in its preamble, the codification and progressive development of the law of the sea achieved in UNCLOS is important to strengthening peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights, and will promote the economic and social advancement of all peoples of the world, in accordance with the purposes and principles of the United Nations, as set forth in the Charter of the United Nations. UNCLOS has stood the test of time and application. Indeed, with 168 ratifications, UNCLOS has wide application and is the most valuable and holistic legal framework related to activities in the oceans and seas. Importantly, the Convention is not static but a living document, providing a framework for further development of specific areas of the law of the sea. In that regard, Guyana looks forward to the successful conclusion of treaty negotiations on the biological diversity of areas beyond national jurisdiction. We will also be engaged in the upcoming negotiations at the United Nations Environment Assembly for the drafting of a new treaty on plastic pollution. The capacity of the Convention to address new legal issues is also seen in the work of the judicial bodies established under the Convention. As an independent judicial body that adjudicates disputes arising out of the Convention, the International Tribunal for the Law of the Sea has contributed immensely to jurisprudence related to the law of the sea, providing valuable decisions and advisory opinions on a wide range of issues. We also recognize the important contributions of the Commission on the Limits of the Continental Shelf and the International Seabed Authority. As we celebrate 40 years of UNCLOS, Guyana cannot but reflect on the role that it has played in the Convention’s history, and perhaps more importantly, the role that the Convention has played in creating a welcome chapter in our country’s history. In the first instance, the Convention entered into force one year after Guyana became the sixtieth nation to ratify it. Secondly, since its entry into force in 1994, the provisions of the Convention have been used on numerous occasions to resolve complex issues, and they continue to provide guidance on a wide range of matters. For Guyana, a long-term outstanding issue was resolved through the delimitation of our maritime boundary with Suriname, which was determined pursuant to articles 286 and 287 of the Convention and in accordance with its annex VII. One remarkable feature of the award is the fact that the Tribunal applied the equidistance method to establish the single maritime boundary under paragraph 1 of article 74 of the Convention and paragraph 1 of article 83. At a time when issues of climate change and food security are at the top of the world’s agenda, the framework provided by UNCLOS for effective ocean governance, including the sustainable use and conservation of marine resources and the protection and preservation of the marine environment, is increasingly important and can provide a basis from which to address such issues. In that regard, Guyana notes with appreciation the work of the International Law Commission on questions concerning the effects, implications and repercussions of the phenomenon of sea-level rise and its possible and potential legal consequences. As we commemorate this landmark anniversary, Guyana reiterates its full commitment to UNCLOS and expresses the fervent hope that the Convention will achieve universal ratification in the near future.

In the context of the increasingly maritime nature of major issues on the global diplomatic agenda, today we have an opportunity to revisit one of the most emblematic multilateral treaties of the previous century. Through the United Nations Convention on the Law of the Sea (UNCLOS), which has been rightly described as the constitution of the oceans, States parties to this ambitious instrument agreed 40 years ago to establish a legal order for the seas and oceans that facilitates international communication and promotes their peaceful use, the equitable and efficient management of their resources, the conservation of their living resources and the study, protection and preservation of the marine environment, with a view to achieving a just and equitable international economic order that takes account of the interests and needs of humankind as a whole and of the specific interests and needs of developing countries in particular, whether coastal or landlocked. While the promise of and the quest for that international economic order have yet to be realized, the consolidation of a global legal order for marine activity, for oceans and their areas and for their adaptation to the new realities of today’s world is more relevant than ever. The fortieth anniversary of the adoption of UNCLOS is therefore once again an opportunity to revisit the Convention’s achievements with regard to the rules set out in 1982. It is also an opportunity to urgently address the emerging challenges related to the oceans and seas. Finally, it provides us with an opportunity to engage proactively, considering the various developments, situations and challenges involving the marine environment in order to suggest appropriate measures to enable the Convention to continue to live up to the legitimate expectations and aspirations for it within the global architecture of ocean governance. (spoke in French) There is clearly no longer any need to prove the importance of the Convention and its universality, uniform character and legitimacy as a major strategic framework for international cooperation in the area of the law of the sea. It continues to provide a comprehensive legal framework of reference within which all activities at sea must be carried out. It has succeeded in producing various legal instruments that further strengthen the framework for ocean governance. However, over the years, contemporary developments affecting the oceans have demonstrated the importance of adapting that same organic framework to our current and future challenges. In addition to environmental issues and global warming, the Convention continues to face a significant increase in other threats, such as those related to resurgent illegal activity, piracy, trafficking in illegal products, arms trafficking, the global biodiversity crisis, the impact of anthropogenic pressures and human rights violations in the context of maritime migration. Those and other issues, which are more or less covered by the Convention, represent the framework of new issues that will need to be addressed in order to complete the organic architecture of ocean governance for which the Convention laid the foundation. In order to ensure that the oceans continue to sustainably support humankind’s many and various needs, we must redouble our efforts to first ensure that the Convention is uniformly and consistently applied. Besides that, it must continue to be open to developments in specific areas of the law of the sea and therefore able to adapt to the changing needs of the international community. It must continue to inform the establishment of various new legal instruments that will better codify new and emerging ocean governance concerns. The intergovernmental negotiations currently being conducted under the auspices of the General Assembly on drafting an international legally binding instrument on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (BBNJ) and the negotiations of the International Seabed Authority on draft regulations for the exploitation of mineral resources in the Area are a perfect illustration of that dynamic. As my country is fully engaged in the various processes, we took note of the Assembly’s decision to suspend the fifth session of the BBNJ Intergovernmental Conference and resume it and the next session of the International Seabed Authority at a later date in order to review the progress made on the proposed draft regulations so as to conclude the regulatory framework for the exploitation of the seabed by the deadline of July 2023, if possible. My delegation hopes that as in the past, our deliberations will be guided by constructive engagement and flexibility so that we can establish strong, effective and universal instruments that will bring real added value to today’s ocean governance, along with the necessary tools for the effective and sustainable protection of the related resources that can ensure that our enjoyment of humankind’s common heritage becomes a reality. Cameroon will continue to remain constructively committed to that end.

I am pleased to be here today, addressing the General Assembly on behalf of my country on this important occasion commemorating the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). As a comprehensive framework governing the uses of the ocean, the Convention sets forth an ambitious agenda for the world in using and protecting the ocean for the common benefit of humankind. With its commitment and contribution, Sri Lanka would like to reiterate that the culmination of the many years of work within the Convention has demonstrated the importance of multilateral efforts in establishing international norms. Against that backdrop the Convention opened a new chapter, so to speak, in the development of the law of the sea, as it established a legal framework for the conservation, management, exploration and exploitation of the living and non-living marine resources within and beyond areas of national jurisdiction. The codified principles have given a great impetus to the concept of the deep seabed beyond areas of national jurisdiction as the common heritage of humankind, to be utilized for the benefit of the international community. As we celebrate the fortieth anniversary of the United Nations Convention on the Law of the Sea, concluded at Montego Bay, Jamaica, on 10 December 1982, we need to take stock of the valuable contributions of the agreement, which can be seen as what I would describe as a monumental achievement of the international community, second only to the Charter of the United Nations itself. UNCLOS, as we know, introduced many new features into the law of the sea, going beyond gathering the main principles of customary law. Among its main innovations are its addressing of issues such as archipelagic waters, the establishment of the International Tribunal for the Law of the Sea, the qualification of the seabed beyond national jurisdiction as the common heritage of humankind and, above all, the concept of the exclusive economic zone. In the process, it has enshrined customary maritime law, but it has also contradicted it by extending national claims far beyond the sea, well beyond traditional claims, in the form of sui generis exclusive economic zones. By fiat, the creation of exclusive economic zones established new claims and conflicts that never existed before. The exclusive economic zone particularly reflects the complex balance of the Convention, which required many years of negotiations. It has made it possible to please both coastal States  — especially developing coastal States, with regard to their rights concerning their waters’ resources  — and the major maritime Powers, so attached to freedom of navigation and trade. Furthermore, UNCLOS has helped to settle many maritime disputes. By clearly defining the various maritime spaces and their extent, it has helped to resolve disputes and strengthen legal stability. The concept of the territorial sea is a particularly telling example. Although it was conceived in the early days of the law of the sea, States had never managed to agree on its breadth. However, UNCLOS clarified the point, and now the vast majority of States claim a territorial sea area of 12 miles or less, including some States that are not party to UNCLOS. The Convention has therefore become a guide for States’ behaviour on maritime matters. It is virtually the gospel of the seas. UNCLOS is an innovative convention, a modern text that has not suffered during the past 40 years. On the contrary, some provisions are even more relevant today, as is the case, for example, of the provisions concerning the exploration and exploitation of the seabed, which technological progress since the 1980s has made possible. In addition, the adoption of the Convention by the negotiators bore witness to the importance of environmental concerns at a time when such subjects were less of a priority. As a result, the Convention includes a comprehensive section on the protection and preservation of the marine environment. Yet we must continue to strive with greater vigour and political competency to maintain its momentum, lest we lose a unique opportunity to reap its benefits. Like many other provisions of UNCLOS, the concept of the exclusive economic zone has been incorporated into international customary law, making it legally binding on all States. I should also warn that the non-ratification of UNCLOS may have a negative impact on other interests in many regions of the world. In taking note of developed States’ non-ratification, other States may disregard key aspects of international law in this area, such as freedom of navigation or rights under the exclusive economic zone. Those continued impediments that industrialized States cite regarding the ratification of the Convention will need serious negotiations if the obstacles are to be overcome, and they must be made to bear fruit. At the same time, countries must keep in mind how maritime trade has developed on the oceans since ancient times, symbolizing prosperity and power for nations. At this juncture, as we celebrate the Convention’s fortieth anniversary, it is paramount that we join hands to keep the spirit, work together and overcome obstacles through mutual cooperation. In that context, many initiatives are in place to achieve a justifiable better distribution of wealth to benefit all through a substantial compromise and, if I may put it this way, a redimensioning of the recommendations that have emerged through various multilateral discussions. We must continue to focus on that objective and encourage humankind to make global efforts to work collaboratively and inclusively on developing the Convention in the years ahead. The discussions in this arena have concluded that the Convention itself is a monument to the possibilities of global multilateral diplomacy. It can also be a pillar for a consensus to emerge on reconciling important security, economic, environmental and other interests, providing precise norms and rules that can narrow the issues and resolve disputes in order to achieve results of common interest in the policymaking discourse. Finally, I would like to conclude by reiterating the view that the Convention has served the goal of governing humankind’s ocean use over the past 40 years and that its prominent role will continue to grow. The important work within the scope of the Convention will no doubt form a legal framework in which all countries of the oceans and seas can operate, contributing to the fundamentally important work of the maintenance and strengthening of international peace and security and the achievement of the Sustainable Development Goals. I should not fail to recall with pride the substantial contribution to the development of UNCLOS made by my predecessors, giants in the field, the late Hamilton Shirley Amarasinghe, Susantha De Alwis, Karen Breckenridge and Rodney Vandergert, as well as other well-known specialists such as Chris Pinto and Hiran Jayawardena, who have worked tirelessly to develop the law and the connected concepts in order to meet contemporary challenges. I also want to take this opportunity to commend the Division for Ocean Affairs and the Law of the Sea for its tireless and valuable efforts in making arrangements to guide the process and bringing the framework for ocean governance well into the future.

Since this is the first time that my delegation is taking the floor to address this agenda item, I would like to join previous speakers in commending the President for organizing today’s important meeting. I have the honour to deliver this statement on behalf of the delegation of the United Republic of Tanzania. My delegation aligns itself with the statement delivered by the representative of Rwanda on behalf of the Group of African States (see A/77/PV.48), and I would like to add the following general statement in my national capacity. I want to express my profound gratitude in particular to the Division for Ocean Affairs and the Law of the Sea — the secretariat for the United Nations Convention on the Law of the Sea (UNCLOS) — for its extraordinary efforts in support of the work of the Convention and the bodies established under it, that is, the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf and the International Seabed Authority, in carrying out their mandates within the law and promoting a more robust, peaceful and rules-based use of the oceans. I would like to assure the President of my delegation’s full cooperation in his work of steering the proceedings of the fortieth anniversary of the adoption and opening for signature of the United Nations Convention on Law of the Sea. My delegation has also taken note of the reports of the Secretary-General contained in documents A/77/68 and A/77/331. Tanzania is delighted to join its fellow Member States in commemorating the fortieth anniversary of UNCLOS. This is an important year for the oceans. On 10 December, we will mark 40 years since the adoption of UNCLOS at Montego Bay, Jamaica. At the third Conference on the Law of the Sea, States aimed at achieving a convention that would enjoy widespread participation by addressing identified issues and balancing the significant interests and aspirations of the negotiating States. It is therefore very important to note that UNCLOS was a result of successful multilateral diplomacy and an essential outcome of multilateralism. As a major developing maritime State in the Horn of Africa, Tanzania attaches great importance to UNCLOS. As one of the first States to accede to the Convention, we signed it during the opening signature ceremony on 10 December 1982 and ratified it on 30 September 1985. Since then, Tanzania has always been committed to the spirit of UNCLOS, strictly fulfilling its obligations and firmly defending its integrity and authority. In 1989, Tanzania enacted a territorial sea and exclusive economic zone law that domesticated some of the provisions of the United Nations Convention on the Law of the Sea. Today, 40 years later, the Convention enjoys widespread acceptance, with 168 States parties, including my own country. The Convention has also provided a framework for further development of specific areas of the law of the sea and has laid down a comprehensive regime of law and order in the world’s oceans and seas, establishing rules governing all uses of the oceans and their resources. It is that understanding that has brought all of us here today to take stock of the valuable contributions of UNCLOS since its inception, among other things. Since its adoption, two additional instruments have been concluded under the Convention  — the 1994 Agreement relating to the Implementation of Part XI of the Convention and the agreement adopted by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in 1995. Those important implementation agreements constituted significant developments in the implementation of UNCLOS, and I am pleased to note that Tanzania is also a State party to both of them. The ongoing negotiations on a third internationally binding legal instrument under UNCLOS, on the marine biodiversity of areas beyond national jurisdiction (BBNJ), represent yet another milestone in relation to the Convention’s implementation. In that regard, my delegation commends the Secretary- General for deciding to resume the fifth session of the BBNJ negotiations, to be convened from 20 February to 3 March 2023. A new agreement under the Convention will enhance our collective efforts to sustainably manage the biodiversity of the high seas beyond areas of national jurisdiction. And we are hopeful that this will be the final session of the negotiations. As we commemorate the fortieth anniversary of the opening for signature of the 1982 United Nations Convention on Law of the Sea, we also need to think more about how to help achieve the ideals of the Convention, especially in our march towards the 2030 Agenda for Sustainable Development. For instance, we need to speed up the determination of submissions pending before the Commission on the Limits of the Continental Shelf. During the thirty-second Meeting of the States Parties to UNCLOS, held in June here in New York, the Chair of the Commission said in his report (SPLOS/32/7) that the backlog of submissions had increased the waiting time between the start of a submission and its consideration by the Commission to almost 13 years, instead of the 10 years provided for in the Convention. And the trend is not getting better. A specific example of that is the United Republic of Tanzania’s 2012 submission, made 10 years ago, which the Commission has yet to finalize. Such waiting periods defeat the drafters’ and States parties’ intention to establish the Commission in the interests of individual States requesting an extension of their continental shelf limits. It increases uncertainties about outer limits, and among other things has a negative impact on the development plans of the countries concerned. To be clear, I do want to reiterate the sentiments expressed in Tanzania’s statement at the thirty-second meeting of the States Parties to UNCLOS, which is that in general the Commission is doing its best, tirelessly and innovatively, to deliver on its mandates. The backlog is partly the outcome of the successful implementation of the Convention. All we need to do is to enhance our support to the Commission to deliver more and thereby help decrease the backlog of submissions by shortening the waiting period and increasing the number of submissions determined within a single session. In that regard, Member States should consider taking the following actions. First, some submissions could be considered as a whole in view of their simplicity, small dimensions or absence of any disputes, under the terms of rule 51 of the rules of procedures of the Commission. Secondly, the Secretary-General should take appropriate measures within the overall existing resource levels to further strengthen the Division of Ocean Affairs and the Law of the Sea, which serves as the Commission’s secretariat, in providing it and its subcommissions with enhanced support and assistance in their consideration of submissions. Thirdly, we should perhaps consider amending the provisions of article 2 of annex II to the Convention by enlarging the Commission from 21 to 35 members, which would add two more subcommissions to the existing three. I would like to conclude by appealing to all States parties to the Convention and all States Members of the United Nations to leverage our political will and comments in line with the provisions of UNCLOS, in order to build on recent developments and accelerate action for the protection of that precious natural resource, the oceans. Let us commit to fully implementing the Convention by using all the tools available to us to ensure sustainable development and the future destiny of humankind, as articulated in the 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal 14, and as amplified in the Secretary- General’s report Our Common Agenda (A/75/982). UNCLOS would not have been possible without the collective commitment and support of all of us here. As we all agree, UNCLOS is a modern treaty that has established itself as a framework convention for the law of the sea, around which the other components of the law of the sea revolve. Let us keep the spirit of Montego Bay alive. The Convention should be interpreted and applied in its entirety, accurately, and in good faith. We must agree here that the ocean is the common home of humankind, and that its protection and sustainable use are our shared responsibility. Tanzania is ready to work with all States parties to uphold the purposes of UNCLOS.

Forty years ago, the United Nations Convention on the Law of the Sea was finally concluded after nine years of negotiations and opened for signature, launching a new chapter in global ocean governance. The Convention addresses the common interests of humankind, as well as the concerns of different types of countries. It actively safeguards the legitimate rights and interests of all countries, especially developing countries. It follows the trend of the times by upholding fairness and justice and promoting cooperation on maritime affairs. It is a result of successful multilateral diplomacy and an important outcome of multilateralism. Through its extensive codification and elaboration of the rules of the law of the sea, the Convention has established legal regimes governing the territorial sea, the exclusive economic zone, the continental shelf, the high seas, the international seabed area and other maritime areas. It has created legal rules in various fields, including marine environmental protection, marine scientific research and the development and transfer of marine technology. And it has established three major international institutions, the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. As a comprehensive legal instrument for ocean-related affairs, it has been widely accepted by the international community and has played an important role in humankind’s understanding, protection and sustainable use of the oceans and seas. At the same time, it is important to note that the Convention does not provide legal norms for all maritime activities or ocean-related issues. As affirmed in the preamble to the Convention, matters not regulated by the Convention continue to be governed by the rules and principles of general international law. Together with other ocean-related international treaties and customary international law, the Convention has established a modern framework for the law of the sea and has contributed to the maintenance and development of the international maritime order. The negotiation of the Convention was the first major international legislative process in which the People’s Republic of China participated after its lawful seat at the United Nations was restored. China participated in the entire negotiation process, contributed to the Convention’s conclusion and entry into force and was among its first signatories. We are committed to the full and faithful implementation of the Convention, participating in it actively and building and contributing to the Convention and its mechanisms. First, China has strengthened its domestic ocean- related legislation to promote the Convention’s implementation. We have enacted important laws, including on the territorial sea and the contiguous zone, on China’s exclusive economic zone and continental shelf and on the exploration and exploitation of resources in the deep seabed area, in order to ensure the orderly translation of the provisions of the Convention into domestic law. In addition, China has amended its marine environment protection and maritime traffic safety laws and has introduced a coastguard law, among other things, in order to continually improve its maritime management system in line with the provisions and spirit of the Convention. Secondly, China has promoted cooperation in marine scientific research in order to ensure the smooth flow of international shipping. We have set up a joint marine research centre with Indonesia and conducted joint marine surveys with Nigeria and other developing countries to explore and deepen our knowledge of the oceans together. China respects and supports the freedom of navigation and overflight enjoyed by all countries in accordance with international law, and conscientiously implements the provisions of the Convention and the rules of the International Maritime Organization in order to improve maritime search- and-rescue services. China has actively participated in escort missions in the Gulf of Aden, thereby effectively maintaining the safety and security of international shipping lanes. Thirdly, following the philosophy of ecological civilization, China has strengthened its marine environmental protection. China earnestly implements the Convention’s provisions on the protection and preservation of the marine environment, is actively involved in the United Nations Development Programme Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and promotes efforts for a clean and beautiful blue ocean. China has made a solemn commitment to carbon peaking and achieving carbon neutrality, and will continue to work to honour that by contributing significantly to addressing global challenges such as climate change and sea-level rise. The world, our times and history are currently changing in unprecedented ways. At the twentieth National Congress of the Communist Party of China, Xi Jinping, General Secretary of the Central Committee of the Communist Party of China and President of China, emphasized that China participates actively in reforming and developing the global governance system to make global governance fairer and more equitable. The oceans unite the world into a community with a shared future, and they constitute an important area of global governance. China stands ready to work with all stakeholders to firmly uphold the international system, with the United Nations at its core, and the international order, underpinned by international law, with the aim of fulfilling the purposes of the Convention, meeting the challenges of our times and making greater contributions to the peace, security and development of humankind and the sustainable development and use of the oceans. We must uphold genuine multilateralism and improve global ocean governance. All countries should join their efforts and forge a consensus in order to uphold the spirit of multilateralism embodied in the Convention, strengthen the key role of the United Nations in global ocean governance and put into practice features of global governance such as extensive consultation, joint contributions and shared benefits in order to construct a fair and reasonable international maritime order, build a maritime community with a shared future and improve the well-being of all of humankind. We must strengthen international cooperation in order to build a blue home for humankind. China is ready to work with all parties to seize the opportunity of advancing the Global Development Initiative to deepen practical maritime cooperation, develop blue partnerships and build a high-quality, twenty-first-century maritime Silk Road. We need to promote the sustainable development of the oceans, ensure food and energy security, build clean and beautiful blue oceans and join hands to address global challenges such as climate change. We must promote the international rule of law and maintain peace and tranquillity in the oceans and seas. The Convention should be fully and accurately interpreted and applied in good faith, without being distorted or misused. We should continue to develop the international law of the sea, including the Convention, in order to improve the rule of law in the oceans and seas. We need to promote dialogue and consultations, adhere to the principle of State consent and resolve maritime disputes through peaceful means. Freedom of navigation and overflight should be exercised in accordance with international law, and we should reject the practice of using the oceans to threaten the sovereignty and security of other States. In today’s meeting, some countries have mentioned the so-called South China Sea arbitration case. It must be emphasized that in that case the arbitral awards of the International Tribunal for the Law of the Sea seriously undermine the integrity and authority of the Convention. They are unfair and unlawful. China’s territorial sovereignty and maritime rights and interests in the South China Sea should under no circumstances be affected by those awards. China opposes and will never accept any claim and action based on them.

The Plurinational State of Bolivia welcomes the convening of today’s meeting commemorating the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS), and aligns itself with the statement delivered earlier today by the representative of Guatemala on behalf of the countries of Latin America and the Caribbean (see A/77/PV.48). Bolivia, which has been a State party to UNCLOS since July 1994, would like to take this opportunity to underscore the Convention’s importance in regulating the rights and obligations of States related to the seabed and as a key instrument for enabling the use of the wide diversity of marine resources. That is why we consider cooperation through capacity-building and the transfer of marine technology as essential for guaranteeing that all States can apply the Convention and benefit from the sustainable development of the oceans and seas. The law of the sea is one of the major current issues in international legal relations, since all landlocked and near-landlocked States face serious difficulties in accessing the sea and using its resources, and keeping in mind that marine spaces are areas of great potential for ensuring the welfare of the peoples of the world, especially in developing countries. UNCLOS, which is considered the constitution of the seas, specifically sets out rights and obligations for all its States parties. Another significant feature of that norm of international law is that it takes into account non-coastal countries, thereby demonstrating equality for all States regardless of their geographical situation. By establishing rights over the sea for landlocked developing countries such as Bolivia, the Convention strengthens our connection with one of the common goods of humankind — the oceans — and contributes to our economic and social development through the measures of balance and justice that it provides as an international instrument. In that regard, and guided by the principles of equity, non-discrimination, international solidarity and social justice with a view to correcting global imbalances and injustices, we believe it is important to strengthen international mechanisms for the preferential treatment of States that have no coastline and are consequently at a serious geographic disadvantage when it comes to the sustainable use of marine resources. I would like to emphasize that Bolivia recognizes the oceans as the common heritage of humankind, and that is why we are committed to actively participating in future decisions on this issue. The oceans bring us manifold benefits, and in many cases a people’s survival depends on them. The oceans are a living part of our Mother Earth, but the impact of unbridled consumerism on the oceans’ biodiversity is increasingly evident. In that regard, my delegation is deeply concerned about the very high levels of pollution in the oceans, especially plastics and microplastics, which are severely affecting our health and common heritage. Water, land, forests, ecosystems, biodiversity, airspace and marine space are gifts and components of our Mother Earth, and in a context of concern about food insecurity, the resources of the seas will play a decisive role in the future of the peoples of the world. We have yet to establish the conditions for ensuring a fair and equitable distribution of marine wealth. That is why it is important for us to work harder to restore the oceans and their harmony with Mother Earth. We need to radically change the way we live and relate to each other in the global community. All peoples have a right to the oceans, and it is the obligation of all States to protect them. We are approaching a point of no return and must take action now. Our lives and the lives of current and succeeding generations are in danger. If we do not make a decisive change today to stop this catastrophe, tomorrow it will be too late.

In April, the General Assembly marked the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea, one of the most significant multilateral instruments ever created. It represents a milestone in international cooperation and governance. As the constitution of the oceans, the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out. It has provided predictability and a basis for the peaceful uses of the ocean, maritime security, international cooperation and friendly relations among States. The Convention promotes economic and social advancement for all peoples of the world, through the just, equitable and sustainable utilization of the ocean. In that regard, its provisions both reflect the ecological unity of the ocean and are carefully designed to respond to the interests of all States parties, including developing States. The marine environment and biodiversity will continue to face significant and complex challenges in the coming years, including acidification, as well as illegal, unreported, and unregulated fishing, and pollution and illegal discharges. Furthermore, a changing climate will lead to a decrease in sea ice, accelerating sea-level rise, extreme sea-level events and more frequent extreme weather. Norway remains confident that the Convention is the appropriate framework for successfully addressing those emerging challenges for the oceans of the present and future and is committed to working within that framework towards achieving the Sustainable Development Goals (SDGs), in particular SDG 14. Let me take this joyous opportunity to call upon States that have not yet done so to become parties to the Convention in order to fully achieve the goal of its universal participation. The Convention is founded on the prerequisite that all States have the ability to participate in international processes and exercise their sovereign rights at sea. Such participation is also fundamental to ensuring the efficiency and legitimacy of the architecture that the Convention establishes. To achieve that, it is, first, paramount that States cooperate and share their experiences to further strengthen the capacity of developing countries and to ensure equal access. Capacity-building measures therefore remain a main priority for Norway. For example, Norway has supported successful capacity-building projects within the mandate of the International Seabed Authority (ISA) to increase awareness of developing States in various regions of their rights and possibilities under the Convention. Secondly, Norway contributes to the different trust funds of the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) to ensure the full and meaningful participation of all States and their representatives. For 2023, Norway hereby pledges to support the voluntary trust funds for the purpose of defraying the cost of participation of members from developing countries to attend meetings of the Legal and Technical Commission and Finance Committee of the ISA and the Commission on the Limits of the Continental Shelf, with $10,000, respectively. Norway is pleased to join others in co-sponsoring draft resolution A/77/L.36, entitled “Oceans and the law of the sea”. We once again thank Ms. Natalie Morris- Sharma of Singapore for her effective leadership during the consultations, noting with pleasure its in-person format this year. This year’s draft resolution represents a change from the mere factual updates of the recent year’s resolutions, including several substantive changes. In particular, I would like to highlight the updates related to the United Nations Environment Assembly decision to convene an intergovernmental negotiating committee to develop an international legally binding instrument on plastic pollution, including in the marine environment. Plastic pollution is one of the fastest- growing challenges of our time, and Norway places the highest priority on achieving an ambitious and robust agreement. I would also like to highlight the important negotiations taking place at the International Seabed Authority in Kingston. In paragraph 71 of the omnibus draft resolution, the General Assembly importantly welcomes the progress made on the draft regulations for exploitation of mineral resources in the Area. The early adoption of the new regulations is important to ensure that future exploitation of mineral resources in the Area complies with robust environmental standards. Norway welcomes the progress achieved at the in-person meetings held in Kingston in 2022 and encourages the Authority to continue its work on the draft regulations as a matter of priority. Norway is committed to doing its part in that endeavour. Norway also welcomes the substantial progress achieved in the latest round of negotiations on a new international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. More than ever, we need a framework to enhance coordination in ocean management and to set out more detailed rules and procedures for the use of environmental impact assessments and area-based management tools, including marine protected areas. We therefore welcome the convening of a resumed fifth session of the Intergovernmental Conference on an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction in February 2023 in order to finalize our negotiations. Norway will work to ensure a strong and robust instrument that can stand the test of time. In 2018 Norway’s Prime Minister, together with 13 other world leaders, established the High-level Panel for a Sustainable Ocean Economy. Two years ago, they launched their ambitious ocean action agenda, combining effective protection, sustainable production and equitable prosperity. They committed to sustainably managing 100 per cent of the ocean areas under their jurisdiction by 2025. In November 2021, they were joined by the United States, represented by President Biden, and in 2022 by President Macron of France and the British Prime Minister. To deliver results, the Panel’s recommendations and actions must be implemented. Each country is therefore now working to ensure that political decision-making leads to effective action. In that respect, engagement by countries beyond the Panel members on the action agenda is vital. In closing, let me mention the programme of assistance that Norway and DOALOS launched in 2020. The intention is to provide capacity development and technical assistance to developing States to reinforce their capacity to implement the United Nations Convention on the Law of the Sea and related agreements and to better harness the benefits of a sustainable ocean economy. We are thankful to DOALOS for its efforts in relation to that programme, on which more information can be found on the DOALOS webpage.

Namibia aligns itself with the statement delivered by the representative of Rwanda on behalf of the Group of African States (see A/77/PV.48). I add the following remarks in my national capacity. Namibia is proud to join in the celebration of the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). Our history with UNCLOS is unique, as we signed the Convention as its fifth member in 1982, a time that predates our independence; we signed it before we became independent. In 1983, the United Nations Council for Namibia ratified the Convention on our behalf, and, as part of the law of State succession, after independence UNCLOS became part and parcel of our legal dispensation. We find ourselves in a time that demands extreme urgency in our commitment to actions for our ocean. The urgent need to act to protect the biodiversity of our oceans is both a duty and an obligation for each generation. This year, we have made clear our focused commitment to the ocean through the convening of several important summits and meetings that will contribute to strengthening the protection of marine ecosystems and sustainable fishing, in particular by combating the plastic pollution of our oceans. With the fortieth anniversary of UNCLOS, we have a responsibility to ensure that as our countries prepare for the continuation of the intergovernmental negotiations, we must collectively endeavour to adopt a strong institutional framework to achieve the goals of conservation as well as the sustainable and equitable use of marine biological diversity in areas beyond national jurisdiction. Namibia has a coastline that stretches more than 1,572 kilometres. Therefore, our prosperity is dependent on the sustainable management of our ocean and marine resources. Namibia’s quest is to actively pursue, advocate for and defend the sustainable use of ocean and marine resources. That is demonstrated by our active involvement in the High-level Panel for a Sustainable Ocean Economy, which emphasizes the importance that we attach to maintaining and adapting our marine and other aquatic economies into the future so as to meet pressing and demanding challenges. In that vein, we remain cognizant of the fact that our responsibility extends beyond our national jurisdiction, and we therefore commit to ensuring the environmentally sound management of biodiversity in areas beyond our national jurisdiction. We anchor that principle in the basis of scientific knowledge, including the adoption of measures for the conservation of biodiversity in areas beyond national jurisdiction. While Namibia is of the view that the time to act is now, we believe in all-inclusive solutions to the problems affecting our oceans. Indeed, we are witnessing the visible threat of climate change globally, and every day that obligates us to foster collective action. We cannot continue to talk about those threats only in an abstract way or to offer a one-dimensional solution that could hinder the implementation of the recommendations from climate-change experts. As a global commons, the ocean gives us life and connects humankind in extraordinary ways. Therefore, its protection is not optional but vital for the survival of our global village. As such, no matter where we live, we must give back to the ocean by protecting it so that it is able to continue to provide for our livelihoods, now and into the future.

Cyprus associates itself with the statement made earlier on behalf of the European Union and its member States, as well as with the statement of the Group of Friends on the United Nations Convention on the Law of the Sea (UNCLOS) (see A/77/PV.48). The marking of the fortieth anniversary of the adoption of UNCLOS is an occasion for celebration as well as an opportunity to reflect on the Convention’s achievements and successful contribution to the promotion of the peaceful uses and the freedom of the seas, the exploitation of their natural resources, including the sustainable utilization and conservation of their living resources, and the study, protection and preservation of the marine environment. The Convention was rightly once described by the Secretary-General as one of the most significant and visionary multilateral instruments of the twentieth century. The negotiations that led to the adoption of the Convention in 1982 were exemplary from the point of view of multilateral diplomacy, and the Third Conference on the Law of the Sea was the first major international conference that decided to rely on consensus as a rule of decision-making. Since the day it opened for signature  — 10 December 1982  — the Convention has achieved near-universal acceptance. As the constitution of the oceans, UNCLOS represents a carefully crafted balance among the rights and interests of all States, irrespective of their specific characteristics. Its provisions reflect customary international law and constitute clear rules concerning the sovereignty and sovereign rights and jurisdiction of States at sea, as well as regarding the determination of maritime boundaries. Those rules are enforceable by and against all States, including States that are not parties to the Convention. That entails, inter alia, the responsibility on the part of all States to ensure that all inter-State arrangements they enter into, including international agreements on maritime delimitation or other matters related to the seas, are in line with international law as reflected in UNCLOS. As an island State and a maritime nation, Cyprus is strongly committed to upholding the provisions of UNCLOS and actively supports its objectives and its institutions. Cyprus recognizes the long-standing contribution of the Convention to international peace and security and underscores its central importance as the fundamental pillar of ocean governance. Cyprus has adopted its national maritime legislation in conformity with the provisions of UNCLOS and has delimited its maritime zones on the basis of the median line with a number of its neighbouring States, in accordance with international law. My delegation cannot overstate the importance of respecting the sovereignty, sovereign rights and jurisdiction over the maritime zones of all coastal States, as well as the principle of good-neighbourly relations, along with the primacy of the peaceful settlement of disputes in international relations. No State should demand exceptional treatment, encroach on the rights of other States or engage in practices that aim to deconstruct the clear legal regime established by the Convention, including in respect of island States and States comprising islands. I take this opportunity to underline that my country has on several occasions expressed its readiness to engage in negotiations with any relevant country with a view to reaching a peaceful settlement in good faith of any maritime dispute in the eastern Mediterranean, in full respect of international law, including the settling of any such dispute before the International Court of Justice. My delegation is confident that the importance of the Convention will only increase in the decades to come. UNCLOS has sufficient flexibility and scope to address the emerging challenges relating to the ocean, such as sea-level rise. That phenomenon is one of the urgent climate-change-induced consequences that particularly affects island States. As we have stressed on many occasions, we are strongly of the view that any law of the sea questions related to sea-level rise should be resolved within the framework of the Convention. The commemoration of the fortieth anniversary of UNCLOS is an occasion marking our renewed collective commitment to the Convention as an instrument for international peace and security. We urge all States Members of the United Nations that have yet to become party to the Convention to do so as soon as possible.

Greece wishes to align itself with the statement delivered previously on behalf of the European Union (see A/77/PV.48) and wishes to make the following remarks in its national capacity. The United Nations Convention on the Law of the Sea (UNCLOS), adopted 40 years ago, on 10 December 1982, was the successful outcome of several years of negotiations held within the Third United Nations Conference on the Law of the Sea, which started nine years earlier, in 1973. Greece, a maritime and seafaring nation, following a long-time tradition, took an active part in the negotiations, as it did several years ago at previous international conferences and endeavours, and it contributed to the successful outcome of the Third United Nations Conference on the Law of the Sea and to the adoption of the Convention, along with other nations sharing an equally strong support for a rules- based order. The Convention, at the time of its adoption, not only codified existing customary international law but also set out provisions reflecting the progressive development of law. Today, 40 years later, the pre-eminent, universal and unified character of the Convention is evidenced not only in its impressive, almost universal, participation, but also in the unique, comprehensive nature of its provisions. It is rightly recognized as the constitution of the oceans. In addition, international jurisprudence has long accepted that its provisions reflect customary international law and are thus binding on all States, irrespective of whether they are contracting parties to the Convention or not. The Convention sets out the legal framework within which all activities in the oceans and seas must be carried out and is of strategic importance to any national, regional and global action. It represents the foundation of ocean governance, which must be respected, and provides the legal basis for settling and regulating any issue that may arise. The Convention thus promotes the stability of the law as well as the maintenance of international peace and security. The unprecedented challenges that the planet is currently facing require urgent but equally smooth and effective action, which can be carried out within the legal order set out by the Convention or in accordance with and pursuant to its provisions, such as its implementing agreement on the conservation and sustainable use of biodiversity beyond national jurisdiction. We expect the agreement to be finalized during the resumed fifth session of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, in the next few months. To conclude, the commitment of all States to respect the legal order of the oceans and the law of the sea, as reflected in UNCLOS, is more than ever appropriate and relevant.

France fully associates itself with the statement delivered on behalf of the European Union (see A/77/PV.48) and would now like to make a few comments in its national capacity. We too thank Singapore and Norway for having facilitated negotiations on the two draft resolutions on our agenda (A/77/L.33 and A/77/L.36). The unique scope and universal relevance of the United Nations Convention on the Law of the Sea (UNCLOS) are once again reiterated therein. The Convention, whose fortieth anniversary we are commemorating today, establishes a fundamental balance among the freedoms, rights and obligations of States and of all users of the ocean and seas. Its goal is to cover all aspects: the various maritime areas and their boundaries, related rights and obligations, the protection and preservation of the marine environment and the settlement of disputes. In addition to setting forth the rights and obligations of coastal States and the legal framework for maritime zones adjacent to their territory, the Convention enshrines the various freedoms on the high seas, first and foremost those of navigation and overflight. Furthermore, its provisions on the rights of transit passage, archipelagic sea lanes passage and innocent passage are of utmost importance. We are deeply committed to that legal framework and to respect therefor. The Convention also states that maritime boundary delimitation must be done in a spirit of understanding and cooperation. The International Court of Justice has thus developed related methodology that is observed by the International Tribunal for the Law of the Sea and arbitral tribunals. Sustainable ocean governance and State cooperation are vital to global peace and stability. Thus the Convention strikes a balance that makes a substantive contribution to the peaceful use of all maritime areas, irrespective of whether they fall within the national sovereignty or the jurisdiction of a State or not. That is why it is vital that we defend and uphold the principle that all activities at sea must be fully in keeping with that international legal framework, whose unity and integrity must be protected. France is totally committed to that end. The legal framework established by UNCLOS can be strengthened. France has been actively supporting current negotiations on a legally binding agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ). Together with our European Union partners, we are actively involved in the BBNJ process. That involvement is evidenced by the establishment, at the One Ocean Summit, held in Brest, France, last February, of the High Ambition Coalition on Biodiversity Beyond National Jurisdiction. To date, 50 States and the European Union have signed on. We will continue to work to ensure that negotiations are finalized in 2023. The objective is to conclude a robust, effective and universal treaty that brings genuine added value to the current governance of the high seas along with the tools necessary for the effective protection and sustainable use of its resources. Another major challenge is climate change and its impact on sea- and ocean-level rise. As France has a presence in the Pacific, the Indian Ocean and the Caribbean, it is particularly affected. We share the legitimate concerns that have been forcefully expressed by overseas territories and small island States, for which this is a topic of paramount importance. France would like to commend the important contribution of the International Law Commission through its work on the legal effects of sea-level rise. We need to devise and implement pragmatic solutions within the existing legal framework without delay. France would like to take this opportunity to commend the outstanding work done in their respective fields by the three bodies established under UNCLOS. First, the Commission on the Limits of the Continental Shelf is working tirelessly to carry out its vital work and must be endowed with the requisite resources to continue to do so. Next, France has always been a strong supporter of the International Seabed Authority, whose unique mandate has to date made it possible to preserve the common heritage of humankind that is the Area and the deep seabed. In issuing exploration contracts, the Authority has made a useful contribution to the acquisition of fundamental knowledge that will help us to confront the global challenges we are currently facing. Lastly, we commend the work of the International Tribunal on the Law of the Sea and welcome its newly elected judges. To conclude, I should like to recall that France, building on its commitment, submitted a joint proposal, together with Costa Rica, to co-host the third United Nations Ocean Conference, to be held in 2024- 2025. The Conference would take place in France in June 2025, following a high-level event held in San José in June 2024.

We welcome the holding of this important meeting of the General Assembly commemorating the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea, which was opened for signature by States in 1982. As a country signatory to the Convention, we welcome its important contribution to the strengthening of our multilateral system through the establishment of freedoms, rights and obligations as well as a robust system for the resolution of disputes, thereby contributing to peace at the international level. At this fortieth anniversary, we commemorate the role of the Convention as a central element of the law of the sea aimed at ensuring the conservation and sustainable use of the oceans. We underscore in particular its designation of the Area and its resources as the shared common heritage of humankind. The sustainable use of ocean resources is vital to the development of our peoples. The oceans play a very significant role in the development of humankind. Our oceans, over many generations, have provided natural resources and food and will continue to serve as the principal channel of transport of international trade. Here we would underscore the important contribution of the Convention through the establishment of rules and principles that offer foreseeability to States and balance their respective rights and duties. Given its broad international membership, the Convention represents a common denominator for the various maritime interests of all States, be they a coastal or, in the specific case of Paraguay, a landlocked country. In that regard, the adoption of the Convention represents a major step forward in terms of ameliorating, at least to an extent, the disadvantageous geographical situation of landlocked countries. The right to access the high seas for landlocked countries is clearly included in the Convention. However, the integration of landlocked developing countries in our ocean economy continues to present challenges, with specific circumstances that must be taken into due account. Institutional limitations and limitations related to human and technological capital have a direct impact on our countries’ ability to exercise their rights as set out in the Convention. That is why we underscore the need to increase cooperation and coordination and promote equitable access to the oceans. As a landlocked developing country, we would encourage all States parties to ensure the effective implementation of Part X of the Convention. We also underscore the important contribution of the International Tribunal for the Law of the Sea to the rule of law and to the development of international jurisprudence in that respect. We acknowledge the importance of the Convention as the regulatory framework for the oceans. In conclusion, we would highlight the ongoing evolution of the law of the sea, as reflected in the negotiations on a legally binding convention on areas beyond national jurisdiction (BBNJ) and the forthcoming fifth session of the Intergovernmental Conference on the BBNJ. We hope for successful negotiations that will be translated into an inclusive, universal instrument that takes account of the particularities of all countries, particular landlocked developing ones.

In the interests of time, I shall deliver an abbreviated statement. The full text has been distributed. The commemoration of the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) is an opportune moment to reflect on the strengths and weaknesses of the Convention and to address the issues of compliance and enforcement. Bulgaria aligns itself with the statements delivered by the representative of the European Union and the representative of Viet Nam on behalf of a group of countries (see A/77/PV.48). I would now like to make few remarks in our national capacity. The adoption of the Convention is rightly considered as one of the pivotal moments in the development of international law and underpins the principle of the freedom of the high seas, which is vital to the peace and prosperity of each State around the globe. The trust placed in UNCLOS is clearly manifested by the high number of States parties, which currently stands at 168, including the European Union. Bulgaria is proud to have contributed to the negotiation process and to the implementation of the Convention, with Professor Alexander Yankov chairing Committee III of the Third United Nations Conference on the Law of the Sea from 1973 to 1982 and, later on, serving as a judge in the International Tribunal for the Law of the Sea. The Convention regulates and secures the sustainable use of the most important resource on the planet by establishing a comprehensive legal framework that defines the status of the various maritime areas and introduces an efficient mechanism for the settlement of disputes. UNCLOS is a holistic, integrated Convention that addresses virtually all the relevant issues known at the time of its negotiation and is a living legal instrument with two implementing agreements and a third currently under consideration, on the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction. On today’s commemorative occasion, allow me to highlight the fact that 40 years after its adoption, the Convention has preserved its relevance in our daily lives owing to the fact that in accordance with the provisions of UNCLOS, coastal States have concluded agreements on their maritime boundaries with neighbouring States, and each State, no matter whether coastal or landlocked, trades freely with many other countries by sailing its ships. In 40 years we have learned a lot, including the fact that in the seabed and the water column above it there are bioresources, not only mineral resources. In those 40 years we have also acquired the technology to reach those resources. That is only one of the many examples of the challenges facing the law of the sea in the twenty- first century that were objectively impossible to be codified by the drafters of the Convention at the time of its negotiation. Many other issues are not defined in UNCLOS  — maritime security, biodiversity loss, climate change, sea-level rise, human rights and labour protections, to name but a few. We share the view that they do not diminish the relevance of the Convention but, rather, bring renewed focus on its implementation. Concerning the relevance of the Convention, I would also like to address the issue of the key role played by the International Tribunal for the Law of the Sea in the settlement of disputes under the Convention. Part XV of UNCLOS provides States with four different forums to settle their disputes, and most maritime boundary awards are complied with. There are, however, instances of refusals by States to engage with proceedings before the Tribunal and to accept its rulings, which undermine the dispute-settlement process and threaten the ability of UNCLOS to provide a stable legal framework for the use of the oceans. In closing, let me reiterate the unwavering support of Bulgaria for the United Nations Convention on the Law of the Sea and for its relevance over time.

It is a pleasure for Brazil to take part in this celebration in our national capacity as a complement to the statement delivered by the representative of Guatemala on behalf of the members of the Group of Latin American and Caribbean States that are parties to the United Nations Convention on the Law of the Sea (UNCLOS) (see A/77/PV.48). I would like to thank Singapore for having taken the lead in the organization of today’s festivities. International relations have very often been viewed as a system governed by anarchy, in which global politics are determined by the balance of power and the material conditions of major Powers. Under such conditions, developing countries have a simple choice: which side’s bandwagon they opt for based on the interests of the powerful. The historic negotiations on the United Nations Convention on the Law of the Sea, concluded in 1982, showed us that we are not bound by that scenario and that developing countries can and should stand up for other forms of governance anchored in international law. Its successful conclusion is a strong affirmation that anarchy is what States make of it. This powerful instrument, which covers 70 per cent of our planet’s surface, guarantees that no matter its size or capability, each party thereto is bound by the principles of freedom of navigation, maritime security and the right of passage, among the other provisions that have literally shaped the world we live in with respect to maritime affairs. Make no mistake in that regard: UNCLOS is a success story of international law. To mention only two of its more prominent and ambitious provisions, its article 136 establishes the Area as a common heritage of humankind, predating some of the most difficult discussions we are still having to this day on the international governance of oceans. Its part VI, on the other hand, ensures the right of every State to argue for the extension of its continental shelf within technical and science-based boundaries, no matter how hard the balance of power might swing to one side or the other. However, the story of UNCLOS is still unfolding before our eyes, and despite the substantial progress made in the provisions related to technology transfer, capacity-building and financing, those still need to be translated into real progress for developing countries. In many cases, the technological gaps in maritime affairs are substantially greater than the ones we see in other areas. Notwithstanding the legal equality that UNCLOS has brought us, real equity is still one step further away. To be true to the legacy of those who negotiated the treaty we are celebrating today, we must change that and ensure that practice follows theory. In that respect, we have before us historic opportunities to make breakthrough progress within the UNCLOS framework and to ensure that once again it is ahead of its time. One of those opportunities is the negotiations at the International Seabed Authority regarding mining and exploitation, in which Brazil is firmly advocating for a substantial and comprehensive instrument that will allow for a proper balance between environmental protection and economic progress as well as between the liberty to explore resources in a responsible manner and the need to share benefits with all. That brings me to the second opportunity: the negotiations on an international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As set out on many occasions, the Brazilian position is that marine genetic resources follow the same classification of a common heritage of humankind as the Area and, as such, need to be conserved and sustainably used in a manner that allow us to benefit from them and to gather the resources necessary to invest in the protection of marine biodiversity. In that connection, we believe that monetary benefit-sharing is not a contribution that developed countries should pay to developing ones but an arrangement that will allow us all to be on a more equal footing in addressing the immense challenges facing sustainable development in the oceans, ensuring that the ocean is used for the benefit of all and enabling us all to help our oceans. February is around the corner, and Brazil will be on the front lines working for a successful conclusion to the BBNJ negotiations. The amount of investment that we need to get back on track for Sustainable Development Goal 14 is huge. Luckily, the benefits of the blue economy also are enormous. Just recently, a study showed that the profit made from five drugs developed using marine genetic resources as surpassed $12 billion in the last 10 years. That is billions, with a “B”. That is the level of monetary benefit-sharing that developing countries expect for a successful, ambitious and transformative outcome. Let us keep UNCLOS ahead of the curve for another 40 years.

My delegation aligns itself with the statements made by the delegation of Guatemala, on behalf of the States of Latin America and the Caribbean that are parties to the United Nations Convention on the Law of the Sea (UNCLOS), and by the delegation of Viet Nam, on behalf of a group of countries parties to UNCLOS (see A/77/PV.48). On behalf of my Government, I should like to express our satisfaction at having the opportunity to commemorate the fortieth anniversary of the adoption and opening for signature of UNCLOS, an international instrument that codifies customary international law on the activities that can take place in the marine area and that provides a regulatory framework of a universal nature for the law of the sea. Although Ecuador is a relatively recent party to the Convention, my country has made concrete contributions to the development of the law of the sea. Perhaps the most important was the Santiago Declaration of 1952, in which it was proclaimed that countries possess sovereignty and exclusive jurisdiction 200 nautical miles from their coasts, including the seabed and the subsoil thereof. An essential part of UNCLOS is its support for sustainable development and the conservation and use of marine resources. Moreover, because it contains provisions on the delimitation of maritime areas, the resolution of disputes and the protection of the rights of coastal countries, it contributes to the development of international law and the promotion of peace, security and cooperation among States. Although challenges remain, among which we could highlight illegal fishing, unreported and unregulated fishing, pollution, climate change, maritime security, equitable participation in the administration of the benefits from the use of mineral resources in the seabed and the transfer of maritime technology, we are confident that those can be tackled on the basis of the Convention. That is clear from the progress made in the negotiations on a legally binding international instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. From a national perspective, we wish to highlight two aspects of UNCLOS that are of particular interest to Ecuador and other developing countries. First, it is important to establish a moratorium in order to make it possible to carry out an analysis on the implications of mineral-extraction activities in the Area, so as to obtain the information and guarantees necessary to protect the resources and marine ecosystems of the international deep seabed. Secondly, we respectfully call on the Commission on the Limits of the Continental Shelf, in order to implement article 76 of the Convention, to speed up its management, particularly in cases where there are no island or territorial disputes and where the submissions it is considering are based solely on the morphology of the seabed. Ecuador appreciates the efforts made by the Commission and is aware of its workload as well as the unforeseen circumstances it has faced, including the coronavirus disease pandemic. However, the fact that submissions are not analysed within reasonable deadlines affects the legitimate expectations of State parties and their development plans. In conclusion, my delegation would like to reiterate its support for UNCLOS and its willingness to continue to contribute to its development.

The Principality of Monaco is proud to participate in this commemoration as a State party to the United Nations Convention on the Law of the Sea (UNCLOS). The Convention was adopted at the Third United Nations Conference on the Law of the Sea, held on 30 April 1982, and opened for signature in Montego Bay, Jamaica, on 10 December 1982. Those are milestones worth celebrating. Monaco would like to underscore the universality of the Convention, which is rightly known as the constitution of the oceans, as well as its unitary nature. The Convention’s provisions can now be considered customary. As we have stated on numerous occasions, the Convention establishes the legal framework governing all the activities involving our seas and oceans. The Convention has thus created a legal order and helped to ensure the stability of ocean governance. Thanks to the Convention, we have a balanced regime of rights and responsibilities whose integrity we are in duty bound to uphold. The Convention plays a key role in the strengthening of peace, the peaceful settlement of disputes, the delimitation of maritime boundaries and technical cooperation among States. It is a tool for not only sustainable development but also for fostering friendly relations among nations as well as justice and the equality of rights. The context within which the Convention was crafted in Montego Bay is exceptional on a number of counts: the discovery of new marine resources, a growing awareness of the finite nature of ocean and sea resources, the development of new techniques allowing for the extraction of resources and fresh pressures on the marine environment. The vision espoused by the negotiators of the Convention retains its full relevance today. It has stood the test of time as well as of practical developments. Both implementation agreements are also of utmost importance to the legal order established by the Convention. Given current challenges and the triple planetary crisis that we are facing, the Convention remains a key tool in helping us to ensure the conservation and sustainable use of the ocean and its resources for future generations. The elaboration of a third implementation agreement — a legally binding international instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) — is the most significant. development in the international law of the sea since 1995. The Principality of Monaco is fully committed to that process and calls for the adoption of an ambitious text at the resumed fifth session of the Intergovernmental Conference on the BBNJ, set to take place early next year. The Principality commends the three bodies established by UNCLOS: the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. Their work is of a high calibre, and their fundamental contributions should be acknowledged as part and parcel of our commemoration. Finally, I also commend the United Nations Division for Ocean Affairs and the Law of the Sea — which is part of the Office of Legal Affairs — its Director and all its staff for their professionalism and expertise and the assistance that they provide throughout the year.

In addition to the statement made by the representative of Guatemala on behalf of the Latin American and Caribbean States parties to the United Nations Convention on the Law of the Sea (UNCLOS) and the statement delivered by the representative of Viet Nam on behalf of a group of countries (see A/77/PV.48), I will now make a number of remarks in my national capacity. The adoption of the United Nations Convention on the Law of the Sea is one of the clearest contributions to bolstering peace, security, cooperation and friendly relations among all nations. At the same time, it constitutes one of the international instruments with the greatest economic, strategic and political impacts. UNCLOS represents a veritable constitution for States. It has a clearly universal character and is accepted as a binding instrument on all States, including those that are not parties thereto, because its provisions are considered to reflect customary international law. On 10 December 1982, after almost 15 years of negotiations, the Convention was adopted in Jamaica and opened for signature. Support for the Convention was immediate and unprecedented, as reflected in the 119 signatures it received on the day of its adoption. That support has remained strong over the following 40 years, and 168 Member States are now parties to it. In those 40 years, UNCLOS has continually faced fresh challenges emerging from the demands of our times. We can say that UNCLOS, having overcome a baptism by fire, is the cornerstone of the international legal framework for the oceans. The goals of the Convention’s negotiators were to resolve all open questions relating to the law of the sea in a single document. Its provisions therefore represent a delicate balance between rights and obligations for States that must be preserved, including when facing new challenges concerning the law of the sea. UNCLOS is an innovative treaty, a modern text that has not become obsolete. On the contrary, some of its provisions are more relevant today than ever. That is the case of the provisions regarding the protection of the marine environment. The Convention is testimony to the importance of environmental concerns to the negotiators at a time when those topics were less of a priority than they are now. As a result, the Convention includes a complete section on the protection and preservation of the marine environment. Today, 40 years after the adoption of UNCLOS, the health of our seas and oceans is at risk because of the persistence of unsustainable exploitation practices. That is why the negotiation of a legally binding international instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) should be a priority on the oceans agenda. The world needs an effective and balanced treaty that makes it possible to close the gaps in the protection of the marine environment. In that regard, we wish to reiterate our delegation’s constructive attitude towards the negotiations and encourage active participation in the resumed fifth session of the Intergovernmental Conference on the BBNJ, set for February 2023, at which we hope progress can be made on the basis of what was achieved at the previous session. It goes without saying that to bolster the rule of law on the oceans, it is of crucial importance that the Convention’s mechanism for the peaceful settlement of disputes work properly. That is why we commend the work of the International Tribunal for the Law of the Sea, and we are pleased to see the increased number of cases filed in recent years, which we believe reflects the increasing confidence of the international community in the Tribunal and its clear definition of different maritime zones and their extensions. Indeed, UNCLOS has helped to resolve many disputes and to strengthen legal stability. Argentina also reiterates its recognition of the continued work of the Commission on the Limits of the Continental Shelf concerning the submissions by coastal countries and the recommendations issued to those countries on matters relating to determining the external limits of their continental shelf. Additionally, Argentina would highlight the fact that the rules have been very well received and have allowed the Commission to discharge its eminently technical mandate. I would also like to acknowledge the vital work done by the International Seabed Authority and the importance of the negotiations held in its Council on draft regulations on exploitation of mineral resources, as well as the relevant standards and guidelines developed that allow us to move from exploration to the exploitation of mineral resources in the Area. Nonetheless, we reiterate that it will not be possible to move to that second phase without robust regulations that take account of the technical, environmental and financial aspects, which must all be set out in order to ensure that exploitation activities in the Area follow the best practices, standards and requirements available for the protection of the marine environment and respect for the common heritage of humankind, as set forth in UNCLOS. In that regard, in addition to regulations for mineral exploitation in the Area, there is a need to define the mechanism for payments and the distribution of benefits, as well the existence of a functioning business, otherwise we would be entering a phase of incomplete exploitation. Argentina has a coastline extending more than 3,000 miles and has always been a fervent defender of the international order established by UNCLOS. We believe that in order to maintain peaceful coexistence on the seas and oceans, it is of vital importance that the international community continue to tackle emerging ocean-related issues in the context of UNCLOS. We take this opportunity to reiterate our call on all Member States that have not yet ratified the Convention to do so and to contribute to its universality.

Portugal aligns itself with the statement made by the representative of the European Union (see A/77/PV.48). In times of great divide, the adoption and opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS) was a transformative moment for multilateralism and for building a long- term, sustained rules-based order for the ocean. We are here today to celebrate such a vision and such an achievement, a vision focused not on immediate narrow interests but on the long-lasting common benefit of humankind, in the framework of international law — a much-needed inspiration for the present moment. Indeed, the adoption of UNCLOS 40 years ago was a major accomplishment both as a multilateral undertaking and as a substantive outcome. As the cornerstone of ocean governance, the Convention sets out the overarching legal framework within which all activities in the oceans and seas must be carried out and establishes the institutional and regulatory foundations necessary to support international cooperation and friendly relations among all nations in ocean affairs, as well as the advancement of scientific knowledge, the protection of the marine environment and the sustainable use of marine resources. All that, coupled with a robust dispute-settlement regime, ensures its standing as an instrument for peace and stability as well as its resilience for years to come. In fact, UNCLOS remains our reference to address the challenges of our common future. Over the past 40 years, the Convention has proved to have the exceptional ability to evolve in order to better address new and emerging challenges. It is today indisputable that urgent multilateral action is needed to improve the health of the ocean. The conclusion of the negotiations on an ambitious legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction provides a good example of how UNCLOS is instrumental in supporting the long-term conservation of our ocean. Moreover, the legal tools enshrined in the Convention are key to supporting the implementation of the ocean-related goals of the 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal (SDG) 14. Other challenges, such as sea-level rise as a result of climate change, plastic pollution and maritime security threats, can be effectively addressed only if solutions are built upon and are consistent with the legal framework provided by UNCLOS. Portugal has long been an intrinsically maritime nation. Our identity, our history, our present and our future are inevitably linked to the ocean. That special relationship also entails great responsibility in working collectively to halt and reverse the decline of the health and productivity of our ocean and its ecosystems, as well as to protect and restore its resilience and ecological integrity. Accordingly, Portugal was an early and active advocate of the inclusion of SDG 14 in the development agenda of the 2030 Agenda for Sustainable Development. We co-hosted, alongside Kenya, the second United Nations Ocean Conference and are fully committed to achieving an ambitious, legally binding international instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction as soon as possible. We are now more than ever embracing the future, using the Convention as a framework for developing more and better marine scientific research, including by exploring the scientific interlinkages between the ocean, the atmosphere and space at the Atlantic International Research Centre in the Azores. We do so based on the conviction that the preservation of our blue planet and the well-being of present and future generations is intrinsically linked to peace and the health and productivity of our oceans, and that UNCLOS, as the constitution of the oceans, continues to play a key and irreplaceable role in ensuring that outcome. In this year of the fortieth anniversary, we call on all States to implement their obligations fully and effectively under the Convention.

On this occasion, as we gather to commemorate the fortieth anniversary of the United Nations Convention on the Law of the Sea (UNCLOS), we would like to state that Türkiye supports the general intent of the Convention, and, with the exception of articles 3, 33 and 121, agrees with its substantive provisions, including in particular those related to the protection of the marine environment and the sustainable use of oceans and their resources. We are concerned about the multiple extensive negative impacts of certain human activities and climate change on the ocean and the seas and thereby on livelihoods. As a party to various international and regional instruments in the fields of biodiversity and environment, and as the host of the twenty-second meeting of the Contracting Parties to the Barcelona Convention and its Protocols, held last year, at which a number of ground-breaking decisions were adopted with regard to the Mediterranean, Türkiye is strongly committed to global efforts to protect the marine environment and conserve and sustainably use biodiversity within and beyond national jurisdiction. As a demonstration of that commitment, we will also be hosting the sixteenth meeting of the Conference of the Parties to the Convention on Biological Diversity, in 2024. Furthermore, Türkiye attaches utmost importance to the ongoing negotiation process for the development of a new multilateral agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. We have been actively participating in those negotiations. We are also proud to have a distinguished woman serving as a member of the International Law Commission and leading, along with fellow members, the Commission’s work on the important topic of sea-level rise. Türkiye supports international efforts to establish a regime of the seas that is based on the principle of equity and is acceptable to all States. In that regard, it is worth noting that most provisions of the Convention have already been incorporated into our national legislation. However, as we state every year following the adoption by vote of the oceans and the law of the sea resolution in the General Assembly, Türkiye is of the view that the Convention does not provide sufficient safeguards for particular geographical situations where special circumstances prevail. In that context, Türkiye’s objection is first and foremost related to the application of the set provisions of the Convention in closed or semi-closed seas at the expense of the vital interests and legitimate rights of the relevant States. The Convention does not allow us to make reservations to those articles. Hence, 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 those prominent shortcomings. Those reasons, which have prevented us from being a party to UNCLOS, remain valid. We do not intend to elaborate further on our thorough legal and political arguments at this meeting, yet we would like to express Türkiye’s readiness to become a party to the Convention once the long- standing Aegean issues are resolved in a just and equitable manner through the means stipulated in Article 33 of the Charter of the United Nations on the basis of the mutual consent of the parties.

In view of the lateness of the hour, I will now suspend this meeting. We will hear the remaining speakers on Friday, 16 December, immediately after the adjournment of the 55th meeting.