08 Dec 2022
Mr President, Mr Secretary-General, Distinguished Delegates and Friends of the UN Convention on the Law of the Sea,
1 Forty years ago, I had the honour to chair the final part of the last session of the Third UN Conference on the Law of the Sea, from 6 to 10 December 1982. It was held, not in New York, but in the beautiful city of Montego Bay, in Jamaica. I want to thank again, the government and the people of Jamaica, for their warm hospitality and for hosting the International Seabed Authority.
2 The UN Convention on the Law of the Sea or UNCLOS, was adopted by the Third UN Conference on 30 April 1982. It was opened for signature on 10 December 1982 and received 119 signatures on that day. It came into force in 1994.
3 After the signature ceremony for UNCLOS, in my closing statement to the Conference, on 10 December 1982, I said that this was a day for celebration. I would like to use this opportunity to explain why the 40th anniversary of the adoption and opening for signature of UNCLOS is also a day for celebration.
4 First, has UNCLOS contributed to international peace and to the rule of law? The answer is clearly, yes. UNCLOS had put an end to a period of chaos, conflict and unilateralism in the law of the sea. UNCLOS has brought peace, order and the rule of law. UNCLOS is an important pillar of the rules-based multilateral system founded upon international law.
5 Second, has UNCLOS promoted the peaceful settlement of international disputes? The answer is yes. One of the unique and valuable features of UNCLOS is the system of compulsory dispute settlement. When a country becomes a party to UNCLOS, it is bound by the system. It cannot opt out of the system. I observe that a few countries do not fully agree with the system and have tried to find an escape hatch. My advice to these countries is that if they wish to enjoy the benefits of UNCLOS, they have to accept the obligations that it provides for. The question, whether a tribunal or court has jurisdiction, is to be decided by the tribunal or court and not by the State Party.
6 Third, has UNCLOS struck the right balance between the rights of coastal States and the rights of the international community? UNCLOS has conferred on coastal States, sovereign rights to the resources of the Exclusive Economic Zone and the Continental Shelf. At the same time, UNCLOS has protected the international community’s interest in the freedom of navigation. There are also special regimes of passage through straits used for international navigation and archipelagic waters.
7 Fourth, is UNCLOS a treaty frozen in time or is it a living document in the sense of being capable of accommodating new developments and new opportunities? I view UNCLOS as a living document. In 1995, the UN General Assembly adopted an Implementation Agreement, under UNCLOS. The agreement dealt with the conservation and management of straddling fish stocks and highly migratory fish stocks. A new agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, which is imminent, will also be adopted under the umbrella of UNCLOS.
8 I want to call your attention to two negative developments.
9 First, will global warming, climate change and sea-level rise affect the implementation of UNCLOS? The answer is, yes. This is the greatest challenge which confronts humankind. UNCLOS contains the legal tools for us to meet this challenge, but States must act urgently. The rise of sea-levels poses an existential threat to many low-lying cities and countries. When a State loses its land territory does it cease to exist? The rise of sea-levels will affect the baselines of coastal States as well as their maritime entitlements. Should they be adjusted? The warming and acidification of the oceans are killing the coral reefs and causing fish stocks to migrate to colder parts of ocean space. The FAO has warned us that if we do not act now, there will soon be more plastic than fish in our oceans. I am glad that we are taking action to tackle this problem. There are many legal, ecological and marine scientific issues which call for our urgent attention.
10 Second, a few countries are seeking to downgrade the importance of UNCLOS. On 6 December 1982, in my opening statement at the last part of the final session of the Conference, I described UNCLOS as the “constitution for the oceans”. To put it in other words, UNCLOS is the mother treaty on the law of the sea. It sets out the legal framework within which all activities in the oceans and the seas must be carried out. We must not allow countries that seek to undermine UNCLOS to succeed.
11 I shall now conclude. We live in a very troubled world. The support for international cooperation and multilateralism is being challenged by the rise of nationalism, protectionism and unilateralism. A powerful country is tearing up the UN Charter and seeking to impose its will on its neighbour by force. At a moment like this, it is timely for us to celebrate UNCLOS because it represents a victory for international cooperation, for multilateralism, and for international law and the rule of law.
12 Thank you.
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