Statement on Oceans and Law of the Sea

My delegation is pleased to co-sponsor the resolution entitled "Oceans and Law of the Sea." We also have the honor to introduce, on behalf of the co-sponsors, the resolution entitled "Agreement for the Implementation of the Provision 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." I should like to announce that, since the publication of the draft resolution, the following countries have become co-sponsors of A/56/L.18: Greece, Netherlands, Samoa, Saint Lucia, Nauru, Bahamas.

We extend our gratitude to all delegations that participated in drafting the Oceans resolution, especially the drafting coordinator Marcel Biato of Brazil. He had the formidable challenge of guiding the process while many of the participants were also working on terrorism issues. In addition, we thank delegations for their active participation in this year’s fisheries negotiations, and the Secretariat for its tremendous support during both discussions.

Mr. President,

The United States has long accepted the UN Convention on the Law of the Sea as embodying international law concerning traditional uses of the oceans. The United States played an important role in negotiating the Convention, as well as the 1994 Agreement that remedied the flaws in Part XI of the Convention on deep seabed mining. Because the rules of the Convention meet U.S. national security, economic, and environmental interests, I am pleased to inform you that the Administration of President George W. Bush supports accession of the United States to the Convention.

The United States hopes the international community will fully endorse the resolutions before us today. We believe they contribute to progress on oceans issues and reflect the benefits to be gained from international cooperation in this vital sphere.

We are particularly pleased that the Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks is about to enter into force. I take this opportunity to encourage other nations that have not already done so to sign and accede to this Agreement. We consider it to be essential for protecting fish stocks, in order to provide food security and economic development today and for future generations.

This Agreement is an important part of the system of global instruments that have been negotiated in recent years to promote sustainable fisheries. One key decision taken is the call for the Secretary-General to convene informal consultations with States Parties to the Agreement to discuss the evolving situation occasioned by its entry into force. The United States looks forward to participating in these discussions. We hope that in the future States Parties will meet regularly to ensure that the legal obligations of the Agreement are adopted and implemented in an even and transparent manner.

A second element of this system of instruments that bears special mention is the recently adopted FAO International Plan of Action to deter, prevent, and eliminate illegal, unregulated, and unreported (IUU) fishing. The United States is working on the development of its national plan of action on IUU fishing. We encourage other governments to do the same, if possible before the 2003 meeting of the FAO Committee on Fisheries. The four FAO International Plans of Action, including the IUU fishing plan, have all been adopted pursuant to the FAO Code of Conduct for Responsible Fisheries. Both fishermen and the environment would benefit from a wider application of their provisions.

Mr. President,

The United States believes that the informal consultative process on oceans and Law of the Sea has provided a valuable forum for nations to move forward on matters relating to oceans and seas that require improved coordination. The issues discussed in the consultative process last spring--marine science and fighting piracy -- are matters of considerable interest and concern to the United States. Indeed, a few months later we experienced the intersection of these two topics, when a U.S. scientific research vessel was attacked off the coast of Somalia. This distressing incident illustrates the threat that piracy poses to marine scientific research, as well as to all other legitimate activities at sea. The resolution before us today calls for further international cooperation to combat this threat, a statement we strongly endorse. It recognizes the need for additional training for seafarers, port staff, and enforcement personnel. We also join in the call for States to adopt legislation to respond to incidents of piracy and armed robbery at sea.

The United States also welcomed the opportunity to discuss marine scientific research during the informal consultative process. By its nature, marine science has important international ramifications. The conduct of oceanographic and other marine studies often requires access to other countries’ Exclusive Economic Zones. The Law of the Sea Convention establishes a framework for marine scientific research to ensure that coastal States receive the benefits of such research conducted in their EEZs, an obligation that the United States supports. Under the Law of the Sea Convention, it is also incumbent upon coastal States to provide timely clearance for research vessels, absent a basis for denial specified in the Convention. As noted in the resolution before us today, marine scientific research can make important contributions to eradicating poverty, ensuring food security, conserving the environment, and understanding and responding to natural processes. It is vital to the international community that all States foster the cooperation necessary to capture these benefits.

Mr. President,

I have mentioned a number of times already the excellent international cooperation within the UN process and generally on Law of the Sea matters. It is therefore with regret that I must note the lack of such international cooperation or consensus regarding Law of the Sea issues in the UNESCO Convention on the Protection of Underwater Cultural Heritage. Many provisions of that agreement, most notably the annexed rules, will be helpful in addressing underwater cultural heritage. Unfortunately, the provisions relating to jurisdiction, the reporting scheme, warships, and the relationship between the agreement and the Law of the Sea Convention, were included without consensus and are problematic. As a matter of international law, the UNESCO convention, if it enters into force, will apply only among Parties to it and cannot be considered in resolving any conflicts involving non-Parties or their vessels.

Mr. President,

The United States recognizes the importance of the work of the subsidiary bodies to the Law of the Sea Convention. We consider it vital that the work be conducted in a careful and deliberate manner. Pursuant to the decision of the eleventh Meeting of States Parties to the Convention, the earliest date that submissions need to be made to the Commission on the Limits of the Continental Shelf is 2009. This decision ensures that all Parties have ample time to prepare submissions carefully, with all necessary supporting data. The outer boundary of the continental shelf established by a coastal State, based upon the recommendation of the Commission, is final and binding -- a decision that may have major implications for the geographic scope of the International Seabed Authority’s competence. Parties and the Commission should therefore ensure that all questions regarding data and the underlying science are thoroughly addressed.

The United States looks forward to participating in the third informal consultative process next spring. We believe that protection and preservation of the marine environment is a particularly timely topic, as nations prepare for the World Summit on Sustainable Development. The second topic covers cross-cutting approaches to ocean affairs, such as capacity-building, regional cooperation, and integrated management of oceans. We expect this discussion will be relevant to the review next year of the informal consultative process.

In summary, the United States continues to promote widespread adherence to, and cost-effective implementation of, the provisions of the Law of the Sea Convention and the Straddling Stocks Agreement. We support protection and use of the oceans consistent with these conventions. We are therefore pleased to support adoption of these resolutions.

Thank you, Mr. President.