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Published by the
International Institute for Sustainable Development (IISD)
Vol. 25 No. 06
Monday, 9 June 2003
SUMMARY OF THE FOURTH MEETING OF THE OPEN-ENDED
INFORMAL CONSULTATIVE PROCESS ON OCEANS AND THE LAW OF THE SEA:
2-6 JUNE 2003
The fourth meeting of the United Nations
Open-ended Informal Consultative Process on Oceans and the Law of
the Sea (Consultative Process) took place from 2-6 June 2003, at UN
headquarters in New York. The meeting brought together over 200
delegates from governments, intergovernmental organizations and
non-governmental organizations (NGOs). Delegates convened in plenary
sessions to hear general statements and exchange views on areas of
concern and actions needed, particularly in matters of cooperation
and coordination on oceans issues, and identify issues for further
consideration by the General Assembly. In addition, two discussion
panels were held to consider safety of navigation, including
capacity building for the production of nautical charts, and the
protection of vulnerable marine ecosystems.
Delegates agreed on a draft text on elements to
be suggested to the General Assembly for its consideration under its
agenda item entitled "Oceans and the law of the sea," which include
proposals on safety of navigation, the protection of vulnerable
marine ecosystems, and cooperation and coordination on ocean issues.
Whether or not the 20th anniversary of the
opening for signature of UNCLOS or the 2002 World Summit on
Sustainable Development held in Johannesburg stimulated discussions
at this meeting, debates on sensitive issues, such as illegal,
unreported and unregulated fishing and flag State responsibilities,
were particularly focused and constructive.
A BRIEF HISTORY OF OCEANS AND THE LAW OF THE SEA
AND THE OPEN-ENDED INFORMAL CONSULTATIVE PROCESS
UNCLOS: Opened for signature on 10 December
1982, in Montego Bay, Jamaica, at the Third United Nations
Conference on the Law of the Sea, the UN Convention on the Law of
the Sea (UNCLOS) sets forth the rights and obligations of States
regarding the use of the oceans, their resources, and the protection
of the marine and coastal environment. UNCLOS, which entered into
force on 16 November 1994, comprises 320 articles and nine annexes.
It provides for a mechanism for the settlement of disputes, and is
supplemented by the 1994 Deep Seabed Mining Agreement, and the 1995
Fish Stocks Agreement. Since the entry into force of UNCLOS, three
relevant international bodies have been established, namely the
International Seabed Authority (ISA), the International Tribunal for
the Law of the Sea (ITLOS), and the Commission on the Limits of the
Continental Shelf (CLCS).
UNCED: The United Nations Conference on
Environment and Development (UNCED) was held in June 1992 in Rio de
Janeiro, Brazil. Chapter 17 of Agenda 21, the programme of action
adopted in Rio, addresses "the protection of the oceans, all kinds
of seas, including enclosed and semi-enclosed seas, and coastal
areas and the protection, rational use and development of their
living resources." This remains the fundamental programme of action
for achieving sustainable development of oceans and seas.
UNGA RESOLUTION 54/33: On 24 November 1999,
the General Assembly adopted resolution 54/33 (A/RES/54/33) on the
results of the review undertaken by the Commission on Sustainable
Development (CSD) at its seventh session on the theme of "Oceans and
seas." In this resolution, the General Assembly decided to establish
an open-ended informal consultative process in order to facilitate
the annual review of developments in ocean affairs. The General
Assembly decided that the Consultative Process would consider the
Secretary-General’s annual reports on oceans and the law of the sea,
and suggest particular issues to be considered by the General
Assembly, with an emphasis on identifying areas where
intergovernmental and inter-agency coordination and cooperation
should be enhanced. The resolution further established the framework
within which meetings of the Consultative Process would be
organized, and decided that the General Assembly would, at its 57th
session, review the effectiveness and utility of the Consultative
Process.
MEETINGS OF THE OPEN-ENDED INFORMAL CONSULTATIVE
PROCESS: The first three meetings of the Consultative Process
were co-chaired by Tuiloma Neroni Slade (Samoa) and Alan Simcock
(UK). Each meeting identified issues to be suggested and elements to
be proposed to the General Assembly, and highlighted issues that
could benefit from attention in the future work of the General
Assembly.
The first meeting of the Consultative Process was
held in New York from 30 May to 2 June 2000, with discussion panels
addressing fisheries, and the impacts of marine pollution and
degradation. The second meeting of the Consultative Process took
place from 7-11 May 2001, with discussion panels considering marine
science and technology, and coordination and cooperation in
combating piracy and armed robbery at sea. The third meeting of the
Consultative Process convened from 8-15 April 2002, with a focus on:
the protection and preservation of the marine environment; and
capacity building, regional cooperation and coordination, and
integrated ocean management.
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: The
World Summit on Sustainable Development (WSSD) convened from 26
August to 4 September 2002, in Johannesburg, South Africa. The WSSD
negotiated and adopted two main documents: the Johannesburg Plan
of Implementation (JPOI) and the Johannesburg Declaration on
Sustainable Development. The JPOI contains 11 chapters providing
a framework for action to implement sustainable development
commitments. Chapter IV on Protecting and Managing the Natural
Resource Base of Economic and Social Development contains several
paragraphs (30-36) on the sustainable development of oceans,
addressing: sustainable fisheries; the advancement of implementation
of programmes relating to the protection of the marine environment
against pollution from land-based activities; the promotion of
conservation and management of oceans; the enhancement of maritime
safety and protection of the marine environment from pollution; and
the improvement of scientific understanding and assessment of marine
and coastal ecosystems.
COMMEMORATION OF THE 20TH ANNIVERSARY OF THE
OPENING FOR SIGNATURE OF UNCLOS: On 9-10 December 2002, the
General Assembly at its 57th session held commemorative meetings on
the occasion of the 20th anniversary of the opening for signature of
UNCLOS. Delegates held a debate on "Oceans and the law of the sea,"
convened four informal panels on "Dynamism of the Convention:
Challenges for the present and solutions for the future," and heard
presentations on new scientific discoveries related to oceans.
UNGA RESOLUTION 57/141: On 12 December
2002, the General Assembly at its 57th session adopted resolution
57/141 on "Oceans and the law of the sea." The resolution welcomes
the previous work of the Consultative Process, and extends it for an
additional three years, with the aim of reviewing its effectiveness
and utility at the 60th session of the General Assembly. The
resolution requests the UN Secretary-General to convene the fourth
meeting of the Consultative Process from 2-6 June 2003, and
recommends that the meeting discuss the protection of vulnerable
marine ecosystems, and safety of navigation, including capacity
building for the production of nautical charts.
In response to resolution 57/141, the UN
Secretary-General produced his annual report on "Oceans and the law
of the sea" (A/ 58/65), to be presented at the 58th session of the
General Assembly. The Report, which also guided discussions at the
fourth meeting of the Consultative Process, elaborates on
developments regarding the protection of the marine environment and
safety of navigation, in particular in relation to the aftermath of
the November 2002 Prestige oil spill. It identifies two main
challenges: to ensure that States comply fully with their
obligations under UNCLOS, and that inter-agency cooperation is
facilitated and enhanced.
INFORMAL PREPARATORY MEETING: An informal
preparatory meeting for the Consultative Process was held at UN
headquarters in New York on 14 April 2003. Following this meeting
and consultations with country delegations, the Co-Chairs of the
fourth meeting of the Consultative Process, Felipe Paolillo
(Uruguay) and Philip Burgess (Australia), prepared a draft format
and provisional agenda (A/AC.259/L.4 Annex I and II). The Co-Chairs
further set out descriptions of the areas of focus for the two
discussion panels (A/AC.259/L.4 Annex III.A and B) on safety of
navigation, including capacity building for the production of
nautical charts, and on the protection of vulnerable marine
ecosystems.
ICP-4 REPORT
The fourth meeting of the Consultative Process
opened on Monday, 2 June 2003. Co-Chair Felipe Paolillo highlighted
the contribution made by the Process to the general debate on oceans
and the law of the sea. Co-Chair Philip Burgess noted that the
Process is a consultative and not a decision-making body, urging
delegates to consider practical actions and outcomes. Delegates then
adopted the meeting’s draft format and provisional agenda (A/
AC.259/L.4).
Participants then heard general statements, and
raised issues relating to: safety of navigation; the protection of
the marine environment; intergovernmental and inter-agency
cooperation and coordination; the obligations of flag and port
States; and capacity building. Participants also heard reports by
the Food and Agriculture Organization (FAO) on illegal, unreported
and unregulated (IUU) fishing, and the United Nations Environment
Programme’s Global Programme of Action (UNEP-GPA) on the impacts of
land-based activities on the marine environment.
The meeting convened two discussion panels from
Tuesday to Thursday on safety of navigation and on the protection of
the marine environment. The Plenary reconvened on Friday to discuss
and adopt the meeting’s recommendations to the General Assembly, as
well as address issues for further consideration by the General
Assembly, and exchange views on cooperation and coordination.
DISCUSSION PANEL A: SAFETY OF NAVIGATION
A Discussion Panel on safety of navigation was
held on Tuesday and Wednesday. Participants heard five presentations
and engaged in discussions on electronic navigational charts (ENCs),
the International Hydrographic Organization (IHO), the Baltic Marine
Environment Protection Commission (Helsinki Commission - HELCOM),
International Maritime Organization (IMO), and nautical charts.
PRESENTATIONS: ENCs: Richard West, Consortium
for Oceanographic Research and Education, presented the advantages
of electronic navigational charts (ENCs) over paper and raster
charts, highlighting the reduction of environmental degradation and
risks associated with the sea transport of dangerous cargo. He
outlined various applications of ENCs and said worldwide application
of ENCs requires equipment, internationally standardized data, and
capacity building.
IHO: Kenneth Barbor, IHO, reported on the
organization’s technical programmes and capacity building
initiatives relating to the production of nautical charts. He said
accurate nautical charts contribute to reducing the occurrence of
maritime accidents, protecting the marine environment, and improving
life at sea.
HELCOM: Anne Christine Brussendorff, HELCOM,
presented on measures undertaken by HELCOM to increase navigational
safety and reduce environmental risks in the Baltic Sea. She
highlighted: routing measures; use of pilots and ENCs; hydrographic
surveys; port State controls; traffic monitoring; phasing-out of
single hull tankers; involvement of the maritime industry; and the
possible designation of the Baltic Sea as a Particularly Sensitive
Sea Area (PSSA) within the International Maritime Organization’s
(IMO) framework.
IMO: Gaetano Librando, IMO, listed the
measures taken by IMO on maritime security and safety following the
11 September terrorist attacks. He mentioned proposals recently
submitted for IMO consideration, including: accelerating the
phasing-out of single hull tankers and designating sensitive marine
areas. Concerning places of refuge for vessels in distress, he noted
the fragile balance between the duty of States to provide assistance
and their right to regulate access to their ports.
Nautical charts: Yves Desnoës, Hydrographic
and Oceanographic Office of the French Navy, presented the
advantages of ENCs and, noting that hydrographic information in
developing countries is fragmented or outdated, called on
governments, donors and the IHO, to achieve better ENC coverage. He
stressed the need for IMO and IHO to clearly define their tasks, and
said the benefits drawn from greater ENC coverage outweigh the
costs.
DISCUSSIONS: Delegates addressed:
institutional and legal frameworks; applications of ENCs; capacity
building for the production of nautical charts; transport of
hazardous substances; and flag State implementation. Considerable
attention was given to measures adopted by the European Union (EU)
in the wake of the November 2002 Prestige oil spill, and many
countries emphasized the relationship between ensuring maritime
safety and protecting the marine environment.
Institutional and legal frameworks: Some
delegates, such as Norway and the International Chamber of Shipping,
said the IMO is the competent body for addressing shipping safety
and setting uniform pollution standards. Many participants,
including Norway, Portugal and IHO, also emphasized the importance
of establishing national maritime administrations as an essential
step in ensuring navigational safety and compliance with
international regulations.
ENCs: Many participants, including Jamaica,
Portugal and Mexico, noted the application of ENCs in ecosystem
monitoring and maritime delimitation negotiations, and recognized
the need for continuous coverage of ENCs, but noted the high costs
involved in transitioning from paper to electronic charts.
Capacity building: Norway and Portugal
stressed the importance of capacity building and establishing
navigational administrations within developing countries. They
identified finding donors as the main obstacle. The G-77/China
requested specialized assistance, partnerships with donor
institutions, and the establishment of technical programmes to
undertake hydrographic surveys and produce nautical charts. Portugal
said capacity building should be carried out within the IHO
framework.
Transport of hazardous substances: The
Alliance of Small Island States, supported by Argentina and Mexico,
expressed concern regarding the transport of radioactive cargo
through the Exclusive Economic Zone (EEZ) of its member States, and
the Arctic Council highlighted oil storage and transportation as
threats to the Arctic region.
Several participants expressed concern about
preemptive measures undertaken by the EU in the aftermath of the
Prestige accident, and urged that these be brought in conformity
with international law. The IMO said it was the only forum with the
mandate to address the phasing-out of single hull tankers and
opposed any regional regime. The EU noted that while flag States
bear the primary responsibility for ensuring safety at sea under
UNCLOS, coastal and port States also have some responsibilities and
rights, and said freedom of navigation has to accommodate emerging
environmental concerns. He outlined measures to establish a globally
harmonized regime for single hull tankers, including the EU proposal
to amend relevant provisions of the International Convention for the
Prevention of Pollution from Ships (MARPOL 73/78).
New Zealand welcomed the proposal to accelerate
the phasing-out of single hull tankers but, with Norway, raised
concern over their diversion from EU waters to other seas as a
result of the EU measures. The International Oceanographic
Commission (IOC) noted that pollution from oil spills only
contributes to 12% of all oil input into the seas each year, and
highlighted that most oil pollution at sea arises from regular oil
operations and extraction.
Flag State implementation and enforcement:
Delegates recognized the lack of adequate implementation by flag
States of their UNCLOS obligations, and discussed ways to address
this problem. In this context, many called for: enhancing port State
controls; investigating crimes at sea; protecting seafarers and
stowaways; preventing transport of illegal weapons; and establishing
effective marine administrations in all States. They underlined the
problem of open registries and flags of convenience, and the
inability of some flag States to effectively control vessels flying
their flag. Italy and Brazil said these States are responsible under
the international law on State responsibility, and urged clarifying
the legal consequences of non-compliance by flag States.
While a group of NGOs, supported by France and
Spain, called for the creation of a new instrument on flag State
obligations, most delegations preferred an inventory and
clarification of flag State responsibilities. Many States agreed
that it is crucial to establish criteria to determine the genuine
link between a flag State and a ship. Japan said IMO is the
competent body to engage in this work. New Zealand and Australia
suggested that the Consultative Process endorse the Food and
Agriculture Organization’s (FAO) ongoing work on criteria for
establishing the "genuine link" between a flag State and a ship,
rather than initiate a new process of negotiations. Canada, the EU,
and Australia highlighted the convergence between navigational
safety, fishing, environmental protection and human rights, and the
balance between flag, coastal and port States’ responsibilities.
DISCUSSION PANEL B: THE PROTECTION OF VULNERABLE
MARINE ECOSYSTEMS
A Discussion Panel on the protection of
vulnerable ecosystems took place on Wednesday and Thursday.
Participants heard five presentations and engaged in discussions on:
the Arctic environment; the state of the world’s fisheries; coral
reefs; near-shore habitats in the Pacific; and seamounts and
biodiversity of the deep sea.
PRESENTATIONS: Protection of the Arctic
environment: On Wednesday, Olav Orheim, Norwegian Polar
Institute, outlined key environmental challenges faced by the Arctic
environment, highlighting IUU fishing, accumulation of persistent
organic pollutants, oil operations, increase in sea transport of oil
and nuclear waste, the high potential for elevated levels of
radioactivity, and climate change. He described Norwegian management
approaches to these challenges in the Barents Sea, including the
application of the ecosystem approach and precautionary principle,
sustainable development, and shared responsibility. He called for
enhanced international cooperation to address IUU fishing, and urged
the adoption of a binding instrument to curb mercury levels.
State of the world’s fisheries: On Wednesday,
Daniel Pauly, University of British Columbia, presented on the
status and trends of the world’s fisheries. He said that contrary to
the previously held view based on flawed FAO datasets that global
marine catch has held relatively constant over the past decade, fish
stocks and catches have been in fact declining as a result of
overfishing. He noted how traditional fishing grounds in the
Northern hemisphere had been overfished, and stressed the increase
of fishing activity in deep waters and the Southern hemisphere.
Pauly also illustrated the negative impacts of aquaculture and
mariculture, underlining the significant amount of fishmeal consumed
by the aquaculture industry. He urged an ecosystem approach, and the
establishment of marine protected areas (MPAs) to halt the decline
and promote the restoration of fish stocks.
Coral reefs: On Thursday, Diana Ponce
Nava, Federal Environment Secretariat of Mexico, outlined Mexico’s
administrative and legal framework for the protection of the marine
environment and its resources, focusing on coral reefs. She said
protective measures include the establishment of MPAs, surveying and
monitoring, and restrictions on fishing, navigation and tourism. She
noted that sanctions for damage include fines, imprisonment,
cancellation of licenses, and seizures. Ponce Nava underscored the
problem of grounding of vessels on coral reefs, and called for,
inter alia: ecological evaluation of coral reef systems and
their non-use values; developing an international directory of
experts for valuating ecosystems and damage; technical assistance
for producing and maintaining nautical charts; diplomatic and legal
cooperation for resolving compensation cases; and strengthening
enforcement procedures for damage restoration.
Near-shore habitats in the Pacific: On
Thursday, Tim Adams, Secretariat of the Pacific Community,
described the Pacific’s fisheries governance system, noting that it
recognizes community systems and traditional knowledge. He
highlighted areas of concern, including the impact of climate
change, vulnerability of seagrass and mangrove habitats to human
activities, and cultivation of pearls. He explained that the
vulnerability of Pacific marine ecosystems is due to: proximity to
dense human population; lack of management in remote areas; and
economic dependency on marine resources. To address these
challenges, he advocated zoning, effluent control, and seasonal
closures, stressed the importance of regional and international
cooperation, and supported application of the precautionary
principle.
Seamounts and the biodiversity of the deep sea:
On Thursday, Matthew Gianni, IUCN–The World Conservation
Union, presented on seamounts, highlighting their high biodiversity
and vulnerability to fishing, mainly IUU fishing. He noted an
increase in IUU fishing with vessels moving into deeper waters in
areas beyond national jurisdiction. He outlined the existing
international legal framework for action to address this problem,
stressed the need for a precautionary approach, and recommended that
the General Assembly consider imposing a moratorium on fishing
around seamounts. He noted that, unlike other high biodiversity
ecosystems such as rainforests or coral reefs, seamounts do not face
a wide range of threats or support local communities, rendering
their protection easier.
DISCUSSIONS: In deliberations on the
protection of vulnerable marine ecosystems, delegates discussed: the
ecosystem approach; protection of near-shore, coastal and deep sea
ecosystems and areas beyond national jurisdiction; MPAs; and IUU
fishing.
Ecosystem approach: Many participants
supported an ecosystem approach to conservation and management of
marine ecosystems, with Canada highlighting its objectives-based
approach. New Zealand supported incorporating the approach into
relevant international agreements. Norway stressed that the
ecosystem approach should be applied to the marine environment as a
whole.
Protection of vulnerable ecosystems: China
called for the formulation of uniform criteria for identifying and
protecting vulnerable areas, and information sharing to meet this
end. Venezuela called for technology transfer and information
exchange to further domestic efforts. Australia and Canada stressed
the need to address the impacts of land-based activities on the
marine environment, and apply measures recommended by UNEP-GPA.
Protection of deep sea ecosystems and areas
beyond national jurisdiction: Supported by many, Norway called
for greater attention to coldwater coral reefs. She also urged
further research on seamounts and hydrothermal vents, and several
States supported ISA’s work on these areas. Norway said the
Consultative Process should not take decisions that would preclude
the outcomes of ongoing work under other processes, such as ISA and
CLCS. She also opposed addressing deep sea resources under the
Convention on Biological Diversity (CBD) or fisheries management
regimes. ISA and Mexico noted difficulties in distinguishing between
scientific research and bioprospecting of deep seabed genetic
resources, with Mexico calling for further studies on the issue and
recommending the establishment of a negotiating mechanism to address
the commercial utilization and equitable use of deep seabed genetic
resources. Portugal highlighted that ISA is not competent to deal
with matters other than mineral resources. Greenpeace called for a
moratorium on commercial activities around known seamounts,
hydrothermal vents and coldwater corals in the high seas, and urged
developing a programme of high seas MPAs in relation to these
ecosystems. The US opposed a moratorium, noting that this may
prejudge the outcomes of discussions under other fora.
Greenpeace also urged consideration of the
decision taken at the Eighth Meeting of the CBD’s Subsidiary Body on
Scientific, Technical and Technological Advice (SBSTTA-8) calling
for the establishment of MPAs beyond national jurisdiction, and the
World Wide Fund for Nature (WWF) requested the Consultative Process
to facilitate the establishment of a pilot MPA in the high seas.
Norway said creating MPAs in the high seas contradicts UNCLOS.
Japan stressed that establishment of MPAs in the
high seas must be based on the best scientific evidence and be
consistent with international law. The Netherlands said no treaty
exists to identify and protect all vulnerable ecosystems beyond
national jurisdiction in an integrated manner and, supported by
several States, suggested the meeting consider how: the protection
of vulnerable ecosystems can be addressed within the UN framework;
existing relevant instruments can be used to protect vulnerable
areas beyond national jurisdiction; and an ecosystem approach can be
made operational for such areas.
MPAs: The US outlined criteria for MPAs and
MPA networks, noting that they should be science-based, effective
and enforceable, and consistent with the ecosystem approach and
international law. Noting that 90% of fish catch comes from coastal
areas, Japan supported the establishment of near-shore MPAs.
Fisheries: Many countries highlighted
the threat posed by IUU fishing. New Zealand, Canada and others
stressed the need to establish and develop criteria for the genuine
link in order to address IUU fishing. Australia proposed creating
incentives for flag States to comply with international regulations.
Norway said overfishing is a greater problem within EEZs than in the
high seas.
ELEMENTS TO BE SUGGESTED TO THE GENERAL ASSEMBLY
A draft text, based on discussions from Monday to
Thursday, and including agreed elements to be suggested to the
General Assembly for consideration under its agenda item entitled
"Oceans and the law of the sea," was presented to delegates on
Friday. Delegates considered the draft text on a
paragraph-by-paragraph basis. The draft contained an introduction,
and sections relating to: safety of navigation; capacity building
for the production of nautical charts; measures to enhance safety of
navigation; flag State implementation and enforcement; and
protection of vulnerable marine ecosystems.
INTRODUCTION: Delegates agreed that language
recommending that the Consultative Process review progress on issues
addressed by previous meetings of the Process be moved to the agenda
item on "Issues for further consideration by the General Assembly."
Final Text: The final text recognizes
that this meeting marked the start of a new three-year period for
the Consultative Process, presents the topics discussed, and notes
the reports received from FAO and UNEP-GPA on the topics discussed
at the first meeting of the Consultative Process. It recognizes the
heightened awareness and focus on oceans issues, and states that the
Prestige oil spill provided a "dramatic focus" for
substantive discussion on the meeting’s key topics.
SAFETY OF NAVIGATION: This section contains
paragraphs concerning the strengthening of institutional and legal
frameworks for enhancing safety of navigation. It was adopted after
minor amendments.
Final Text: The final text recognizes
the existence of a substantial body of international instruments and
programmes of work addressing safety of navigation, and proposes
that the General Assembly reiterate its call to emphasize the need
to improve the implementation of international agreements and the
coordination of organizations with related mandates. It further
proposes that the General Assembly urge States to establish or
strengthen national institutional and legal frameworks to establish
an effective maritime infrastructure and administration.
CAPACITY BUILDING FOR THE PRODUCTION OF NAUTICAL
CHARTS: This section proposes means to enhance the development
of hydrographic surveys and the production of nautical charts.
Mexico noted, and delegates approved, the role of hydrographic
surveys and nautical charting in the protection of vulnerable marine
ecosystems. The EU proposed, and the Plenary supported, a reference
to call on States to support the IHO trust fund and examine the
potential of partnerships on this matter. Norway suggested, and
delegates agreed, to include coastal African States, among
developing countries requiring intensified efforts on capacity
building.
Final Text: The final text recognizes
that hydrographic surveys and nautical charting are critical to
navigational safety, life at sea, environmental protection,
including vulnerable marine ecosystems, and the global seaborne
trade. It highlights the advantages of ENCs in navigational safety,
fisheries activities, maritime boundary delimitation, and
environmental protection. The text proposes that the General
Assembly:
-
welcome the work of the IHO and its regional
commissions, encourage States to become IHO members, support the
IHO trust fund and examine the possibility of partnership with the
private sector;
-
invite IHO and IMO to continue their
coordinated efforts and adopt joint measures with respect to
enhancing transitioning to ENCs, and to increase coverage of
hydrographic information; and
-
encourage intensified efforts to build capacity
for developing countries to improve hydrographic services and
production of nautical charts.
MEASURES TO ENHANCE SAFETY OF NAVIGATION:
This section contains proposals relating to the phasing-out of
single hull tankers, guidelines on places of refuge for ships in
distress, transport of radioactive material, and piracy and armed
robbery. The text was adopted following approval of an EU suggestion
to add an additional paragraph on maritime security legislation.
Final Text: The final text proposes
that the General Assembly:
-
urge States and regional integrated economic
organizations to work within the IMO framework and in accordance
with international rules and regulations regarding measures
relating to the phasing-out of single hull tankers;
-
welcome IMO’s work in developing guidelines on
places of refuge for ships in distress, and encourage States to
draw up plans and establish procedures to accommodate such ships
in their jurisdictional waters;
-
welcome the convening of an international
conference on the safety of transport of radioactive material in
July 2003;
-
reiterate its call for cooperation in the
prevention and combating of piracy and armed robbery at sea,
urging States to consider promoting and implementing regional
agreements; and
-
urge States to implement maritime security
legislation consistent with UNCLOS and other relevant agreements
for the world seaborne trade.
FLAG STATE IMPLEMENTATION AND ENFORCEMENT:
This section contains proposals to improve the implementation and
enforcement by flag States of their responsibilities and duties
under international law. Prior to the discussions on Friday, the
Secretariat reported on the work of the Consultative Group on Flag
State Implementation, stating the Group had exchanged information on
research carried out on this issue and will be distributing a
summary on their initiatives and measures.
The US stressed the need to include reference to
social and human rights in the list of flag State responsibilities.
Norway opposed the wording proposed by the EU, stating that it
opened the door to unilateral State action for the enforcement of
environmental measures. She underlined that efforts to enhance flag
State implementation had to take place on a multilateral basis only.
Many delegations called for strong language regarding the need for a
definition and clarification of the genuine link, with Canada and
the US stressing that the issue is not one of defining nationality,
but of establishing a strong link between a State and vessels flying
its flag. Norway supported tasking the UN Division on Ocean Affairs
and the Law of the Sea (DOALOS) to carry out such a task, while the
EU preferred general language calling on "competent international
organizations."
In relation to port State obligations, the US
wished to stress the FAO’s work on IUU fishing, and Australia called
for enhancing cooperation between the IMO and FAO. The EU, supported
by Canada, stressed that existing international norms for port State
controls should set the minimum standard, and that States should be
able to implement more stringent regulations.
Final Text: The final text contains
four paragraphs aimed at enhancing flag State implementation and
recognizes the key role of a multilateral approach in this context.
It calls for the:
-
mobilization of resources to assist those
States that are genuinely attempting to discharge their
obligations but are unable to do so due to capacity constraints;
-
creation or enhancement of the necessary
infrastructure and enforcement capabilities in flag States without
an effective maritime administration;
-
clarification and definition of the genuine
link by DOALOS;
-
acceleration of the work of IMO in developing a
voluntary model audit scheme and the strengthening of its draft
implementation code;
-
cooperation between the IMO and FAO to enhance
efforts regarding flag State implementation;
-
development of new standards for seafarers and
fishermen;
-
strengthening of the functions of the FAO and
IMO in relation to port State control;
-
establishment of closer links and increase
exchange of information between the various regional memorandums
for port State control; and
-
prevention of the operation of substandard
vessels and IUU fishing activities.
PROTECTION OF VULNERABLE MARINE ECOSYSTEMS:
This section contains paragraphs on: the integrated management of
coastal and marine areas, including the link between freshwater and
saltwater environments; fisheries; seamounts and areas beyond
national jurisdiction; coral reefs; MPAs; and management of ships’
ballast water and sediments.
On the integrated management of coastal areas,
the EU requested, and delegates approved, a reference to relevant
WSSD time-bound targets in a paragraph related to the need to
accelerate activity to safeguard the marine environment against
pollution and physical degradation. Noting that the Consultative
Process has no mandate to make recommendations to the CSD on its
work programme, Norway and Japan opposed a paragraph recommending
that CSD consider the effects of freshwater management on coastal
and marine ecosystems in its upcoming work cycle, which is scheduled
to focus on water issues. Delegates agreed to propose that the
General Assembly invite, rather than recommend, the CSD to consider
the effects of freshwater management on saltwater environments in
its next work cycle. Venezuela requested, and delegates agreed, to
reference the relevant JPOI goals encouraging increased emphasis on
the link between freshwater, the coastal zone and marine resources.
Regarding fisheries, the EU proposed, and
delegates debated and approved, adding a paragraph on addressing the
relationship between ocean activities and environmental issues.
On seamounts and areas beyond national
jurisdiction, the US proposed, and delegates agreed, to add
reference to coldwater coral reefs to a paragraph on the management
of risks to the marine biodiversity of seamounts and underwater
features. While Norway, Japan, the US and China opposed referencing
relevant CBD SBSTTA-8 recommendations, noting that these still have
to be adopted by Conference of the Parties of the CBD in March 2004,
Mexico, the EU and Brazil stressed the need to retain the reference.
Delegates finally agreed to propose that the General Assembly note
the scientific and technical work related to marine and coastal
biodiversity under the CBD.
New Zealand stressed that identifying and
prioritizing vulnerable areas are critical preliminary steps to
managing the threats faced by such areas. Norway noted that no
regional body has competence to do so, and underscored the need for
consistency with international law. Delegates agreed to include the
management of threats to vulnerable marine ecosystems beyond
national jurisdiction in the list of possible issues for further
consideration by the General Assembly. However, Norway and the
Russian Federation noted that the issue was not "mature" enough, and
cautioned against singling it out. They opposed text requesting that
a consolidated report from relevant international organizations be
included in the Secretary-General’s report on oceans and the law of
the sea. Drawing attention to the importance and urgency of the
matter, the US, Australia, the EU, New Zealand, the Netherlands and
Canada stressed the need for a regular update on the issue.
Delegates could not agree, and Co-Chair Burgess said the paragraph
would be deleted in its entirety and countries’ positions reflected
in the meeting’s report.
Regarding coral reefs, Mexico supported, and
delegates agreed to, a reference supporting the CBD’s work under the
Jakarta Mandate on the Conservation and Sustainable Use of Marine
and Coastal Biodiversity. She further suggested a new sub-paragraph
on enhancing cooperation for the protection of coral reefs, while
Venezuela highlighted mangroves and seagrass habitats.
Concerning the ecosystem approach, delegates
adopted with minor amendments a paragraph welcoming the work of the
CBD, the FAO, and relevant international organizations in their
advancement of the ecosystem approach.
On MPAs, delegates supported reflecting relevant
language agreed at the WSSD, and approved Mexico’s suggestion to
reflect other management tools. Japan proposed, and delegates
agreed, to emphasize the use of scientific information in the
establishment of MPAs. Regarding ships’ ballast water and sediments,
delegates agreed that a diplomatic conference should be convened.
Final Text: In preambular paragraphs, the
text notes that the 57th session of the General Assembly welcomed
the commitments set out in the JPOI and international law for the
sustainable development of oceans. It recalls that protection of
vulnerable marine ecosystems requires an effective management of the
threats to, and impacts on, those ecosystems, and proposes that the
General Assembly reiterate the need to improve the implementation of
international agreements, and the coordination of and cooperation
between relevant organizations. The text further re-emphasizes the
need for an integrated, interdisciplinary, intersectoral and
ecosystem-based approach to management, consistent with UNCLOS,
Chapter 17 of Agenda 21 and the JPOI.
Integrated Marine and Coastal Management:
The text proposes that the General Assembly:
-
welcome the continued work in implementing the
GPA;
-
stress the need to accelerate activity to
safeguard the marine environment against pollution and physical
degradation, bearing in mind relevant WSSD time-bound targets;
-
emphasize that the protection of coastal and
marine environments is an important component of the WSSD target
on sanitation;
-
invite the CSD to include, in its focus on
water for the next two years, the effects of freshwater management
on saltwater environments; and
-
encourage increased emphasis on the link
between freshwater, the coastal zone and marine resources when
implementing the Millennium Development Goals, WSSD goals, and the
Monterrey Consensus on Financing for Development.
Fisheries: The text proposes that the
General Assembly call upon States that have not yet done so to:
ratify or accede to, and effectively implement, relevant UN and
associated regional fisheries agreements, expressing its deep
satisfaction with the entry into force of the 1995 Fish Stocks
Agreement and the 1993 FAO Compliance Agreement; and urgently
develop and implement national and regional plans of action to put
into effect the FAO International Plans of Action (IPOAs), in
particular the IPOA on the Management of Fishing Capacity by 2005,
and the IPOA on IUU Fishing.
The text further proposes that the General
Assembly:
-
request relevant bodies and agencies to support
increased enforcement and compliance capabilities for regional
fisheries management organizations and their member States;
-
encourage work to examine and clarify the role
of the genuine link between fishing vessels and their flag States;
and
-
recommend that the inter-relationship between
ocean activities, such as shipping and fishing, and environmental
issues, be further addressed.
Ecosystem Approach: The text welcomes the
work of the CBD, FAO and other relevant international organizations
to develop strategies and programmes for the implementation of
ecosystem-based management, and urges their cooperation to this end.
Seamounts and Areas beyond National Jurisdiction:
The text proposes that the General Assembly:
-
reiterate its call for urgently considering
ways to integrate and improve, on a scientific basis, the
management of risks to the biodiversity of seamounts, certain
other underwater features, and coldwater coral reefs;
-
note the scientific and technical work related
to marine and coastal biodiversity under the CBD; and
-
invite relevant bodies at all levels to
consider urgently: how to better address, on a scientific and
precautionary basis, the threats and risks to vulnerable and
threatened marine ecosystems and biodiversity beyond national
jurisdiction, including the identification of marine ecosystem
types that warrant priority attention, and to explore a range of
potential approaches and tools for their protection and
management; and how existing treaties and other relevant
instruments can be used in the process, consistent with
international law, in particular UNCLOS, and the principles of an
integrated, ecosystem approach to management.
Coral Reefs: The text proposes that the
General Assembly: reiterate its support for International Coral Reef
Initiative (ICRI) and the CBD Jakarta Mandate; emphasize the need to
mainstream coral reef management approaches; invite ICRI and other
relevant bodies to consider coldwater coral ecosystems; and call for
enhancing cooperation to protect and preserve coral reefs, mangroves
and seagrass beds, including through information exchange.
MPAs: The text proposes that the General
Assembly reaffirm the efforts of States to develop and facilitate
the use of diverse approaches and tools for conserving and managing
vulnerable marine ecosystems, including the establishment of MPAs,
consistent with international law and based on the best scientific
information available. It also supports the development of
representative networks of such areas by 2012.
Ballast Water and Sediments: The text
proposes that the General Assembly urge the IMO, as a matter of
urgency, to complete its work on the development of a draft
convention on the control and management of ships’ ballast water and
sediments, and convene a diplomatic conference to address the issue.
ISSUES FOR FURTHER CONSIDERATION BY THE GENERAL
ASSEMBLY
On Friday, participants suggested further issues
that could benefit from attention in the future work of the General
Assembly. These suggestion will be added to the list contained in
the report of the Third Meeting of the Consultative Process
(A/57/80, part C), and reflected in the report of the Fourth
Meeting.
Highlighting the increase of criminal activities
at sea, the US suggested that the General Assembly call on the IMO
to consider new means to address acts of violence, terrorism and
crimes at sea. Sierra Leone said attention should be given to sea
transportation of weapons, and the protection of seafarers’ human
rights.
Norway suggested reviewing: the effectiveness of
the EEZ in ensuring the protection of natural resources; the uniform
application of UNCLOS by the International Tribunal for the Law of
the Sea, the International Court of Justice, and regional settlement
bodies; and the harmonization of treaty obligations related to
oceans issues. Mexico recommended the consideration of State
responsibility to establish a system for prompt and adequate
compensation for environmental damage. Australia proposed
consideration of access to and protection of genetic resources of
the oceans. The EU, supported by Canada, suggested that the next
meeting of the Consultative Process review progress made to
implement the JPOI, and suggested addressing: MPAs, flag State
responsibility, the performance of the global assessment on the
state of the marine environment (GMA) initiated by the UNEP
Governing Council at its 21st session, and progress on items
previously discussed by the Consultative Process.
EXCHANGE OF VIEWS ON COOPERATION AND COORDINATION
Delegates considered inter-agency coordination
and cooperation on Friday morning, and discussed a draft proposal in
the afternoon. The Plenary discussed approaches to intergovernmental
and inter-agency cooperation, addressed the need for a mechanism to
replace the former Subcommittee on Oceans and Coastal Areas, and
considered modalities for the GMA.
Several countries, including the Republic of
Korea and Mauritius, called for a global and integrated approach to
ocean issues, and the Permanent Commission of the South Pacific,
Canada and Iceland highlighted the effectiveness of a regional or
subregional approach. The IOC underlined the need for clear
delineation of responsibilities and harmonization of roles to
improve oceans governance.
The Secretariat reported on the status of
deliberations within the UN Chief Executives Board (CEB) for
Coordination and the High-Level Committee on Programmes (HCLP)
regarding a mechanism for inter-agency cooperation on oceans and the
law of the sea. The IOC called for a two-tier system involving all
relevant bodies, an annual standing meeting held back-to-back with
the Consultative Process, and task-oriented groups to address
specific time-bound initiatives. Several countries, including
Australia, Mexico, the EU, Canada and New Zealand, called for a new
coordination mechanism, highlighting that such a mechanism would,
inter alia, meet on a regular and continual basis, be
accountable to member States, and involve all relevant
organizations, including DOALOS, ISA, and relevant Secretariats of
multilateral environmental conventions. Norway opposed creating a
new mechanism, and stressed cooperation and coordination at the
national level.
On the GMA, Finland recommended that the
assessment, inter alia, account for countries’ needs to
strengthen monitoring capacities, increase stakeholder
participation, and target assessments to a varied audience.
Supported by the US, IOC and others, he also recommended that an
intergovernmental meeting be convened in 2004 to discuss modalities
for the GMA. New Zealand suggested that DOALOS provide advice
delineating agencies’ duties and responsibilities, and also proposed
the creation of a web-based super portal of GMA-related initiatives.
Reporting on the outcomes of a GMA feasibility study, UNEP
recommended that the GMA be based on a composite partnership
approach, where all agencies contribute to the GMA within their
mandates. He said the GMA should be a tool for action with both
policy and science dimensions, and stressed consultations with the
scientific community.
Discussions on the draft text on cooperation and
coordination on ocean issues focused on Norway’s opposition,
supported by Iceland, to the recommendation that the General
Assembly take into account the views of this meeting. Norway argued
that reference to informal discussions could not be made in the
recommendations to the General Assembly, while Canada, supported by
the EU, Australia and New Zealand, said that the Co-Chairs’ summary
of discussions did not express any divergences or single out
delegations.
Final Text: The final text proposes that the
General Assembly:
-
reiterate its request to establish a
coordination mechanism and welcome the establishment of the
inter-agency Consultative Group on Flag State Implementation;
-
welcome the creation of the GMA;
-
invite DOALOS to convene an inter-agency
meeting to define the participation and contribution of
international, individual and regional organizations to the GMA
process;
-
request DOALOS to convene a group of experts to
prepare a plan for the GMA for consideration by an
intergovernmental meeting; and
-
invite the Secretary-General to convene an
inter-governmental meeting to discuss and endorse the detailed
plan for the scope modalities and organizational structure of the
GMA.
CLOSING PLENARY
Following adoption of the agreed elements to be
suggested to the General Assembly, Co-Chair Burgess closed the
meeting at 8:42 pm. The final report of the meeting, which will
include the agreed elements to be proposed to the General Assembly,
a Co-Chair’s summary of discussions, and a list of issues that could
benefit from attention in future work of the General Assembly, will
be available online on the DOALOS website, at:
http://www.un.org/Depts/los/consultative_process/consultative_process.htm
A BRIEF ANALYSIS OF ICP-4
While the need for a holistic approach to oceans
affairs has been on the agenda since the inception of UNCLOS,
several events, including the WSSD and recent oil tanker spills,
brought to the fore the urgency of adopting concrete steps to
address all too familiar oceans-related problems, including the
exhaustion of marine resources, pollution, and safety of navigation.
The fourth meeting of the Consultative Process presented a unique
opportunity to lay the groundwork for providing a coherent
international framework for ocean affairs and addressing these
issues and, despite some frustrations encountered during the final
plenary discussions, garnered the praise of many delegations.
Established in 1999 by the UNGA resolution 54/33
to facilitate the General Assembly’s review of developments in ocean
affairs and suggest additional issues for its consideration, the
Consultative Process is at a crossroads where a range of processes
and issues, including environmental protection, shipping interests
and workers’ rights, converge. The Process, which reflects the
comprehensive nature of the UN Convention on the Law of the Sea (UNCLOS)
in this respect, is faced with the challenge of addressing these
issues in a balanced and integrated manner. To some extent, this
meeting met this challenge and illustrated the balance between
environmental and private sector interests, and States’ rights and
obligations.
Before considering the role of and prospects for
the Process in the international oceans arena, this brief analysis
focuses on the debates concerning safety of navigation and the
protection of vulnerable ecosystems, to show how the Process, at its
fourth meeting, was successful in balancing conflicting concerns.
SAFETY OF NAVIGATION
As many delegates noted, the body of rules
addressing the issue of safety of navigation is substantial. The
lacuna lies in their implementation. UNCLOS provides for the primacy
of flag State jurisdiction regarding the enforcement of
international rules at sea. However, a number of countries, mainly
developing countries, operate open registries and fail to fulfill
their responsibilities regarding control and enforcement of the
International Maritime Organization’s (IMO) standards in the field
of safety of navigation. For these countries, flags of convenience
provide an important source of revenue devoid of any constraint
other than international law, which lacks an enforcement mechanism.
Considering the costs of establishing adequate
maritime administrations and legislation, and the attraction of
operating open registries at low maintenance costs, it is not
surprising that there is a lack of political will in certain
countries to meet their flag State obligations. However, developed
countries are not exempt from responsibilities. Capacity building,
financial assistance, technology transfer and knowledge sharing,
along with identifying donors, would certainly pave the way for
better implementation of navigational safety standards.
In light of the problem and of the fact that
enforcement by port States cannot fill the gap, the Consultative
Process recommended that the General Assembly consider drawing up an
inventory of flag State obligations. The legally binding nature of
such a list will certainly bear consequences on the effectiveness of
the exercise. In this respect, views diverged, with proposals
ranging from a binding implementing agreement to a mere inventory.
While delegates have opted for the lowest common denominator at this
stage, they have made a first step towards providing better
accountability and implementation of international standards. This
will be further reinforced by the call to clearly identify criteria
for and better define the genuine link between flag States and the
ships that they register.
Discussions on safety of navigation also brought
to the forefront the issue of unilateral preemptive measures to
protect a State’s marine and coastal environment against oil spills
and other discharges. Departing from the proposed focus on capacity
building, delegates engaged in heated exchanges from the outset of
the meeting on the legitimacy of recent EU legislation adopted in
the aftermath of the Prestige disaster. Deliberations
highlighted several issues, including the fragile balance between
freedom of navigation and the right of coastal States to adopt
environmental protection measures, and the conflict between
unilateral and multilateral action.
One of the underlying questions is whether the
adoption of international standards is evolving rapidly enough to
ensure effective protection of the marine environment. Indeed, even
though delegations at the Consultative Process and the recent Evian
G-8 Summit have recognized the need to urgently phase-out single
hull tankers over 25 years of age, relevant norms will not enter
into force before 2005 at best, as recalled by the IMO
representative. On this issue, the meeting confined itself to urging
States to work within relevant international organizations and in
accordance with international law. Although this may seem less than
satisfactory, ultimately, the Process is not the competent body to
decide on the legality of the EU measures, which would have to be
dealt with through relevant dispute settlement mechanisms.
PROTECTION OF THE MARINE ENVIRONMENT
Concerns regarding the freedom of navigation were
equally present, if not center stage, in discussions on the
protection of vulnerable ecosystems. Debates on marine protected
areas (MPAs) beyond national jurisdiction underlined the fine
balance between the fundamental freedom of the high seas and the
need to protect fragile ecosystems and fisheries in areas beyond
national jurisdiction. While Particularly Sensitive Sea Areas within
the IMO framework attracted much support, MPAs were still a concern
for some delegations, which feared that these may impede their
fishing and other extractive activities. Although work on the issue
has been undertaken in various fora, including the Convention on
Biological Diversity (CBD), MPAs still lack internationally agreed
definition and criteria. In this respect, the Consultative Process
may have missed a valuable opportunity to provide guidance on how
and where to address this issue, as it merely proposed that the
General Assembly reaffirm the value of MPAs as a management tool,
and recommend accelerated activity by the international community to
develop a global system of MPAs.
The only advancement seen on this issue may have
been the subtle but noticeable change of tone from a major fishing
State that moved away from an entrenched opposition to MPAs at the
beginning of the week to a more open attitude on Friday. This was
certainly facilitated by abundant references to consistency with
international law in the Co-Chairs’ text.
Debates on deep seabed genetic resources beyond
national jurisdiction had an air of déjà vu. Indeed,
negotiations regarding mining of mineral resources found in the area
were among the main obstacles to the prompt adoption of UNCLOS. As
seen recently at the eighth meeting of the CBD Subsidiary Body on
Scientific, Technical and Technological Advice, delegates to the
Process could not agree on the most appropriate forum to deal with
deep seabed genetic resources, that is whether it would be CBD or
the International Seabed Authority. Polarized positions on whether
or not the General Assembly should be encouraged to request that a
consolidated report on the protection of vulnerable marine
ecosystems beyond national jurisdiction be included in the
Secretary-General’s report on oceans and the law of the sea, proved
that the issue is still highly sensitive. While most delegations
recognized the need for further information on the topic to design
an adequate regime, others, who benefit from the current legal
vacuum, opposed singling out the issue.
Illegal, unregulated and unreported (IUU) fishing
generated equal concern: it is the main cause of stock depletion
and, by making the gathering of accurate data impossible, prevents
States and fishery organizations from making sound management
decisions. In addition, the problems posed by IUU fishing to food
security may jeopardize the globally agreed target to halve the
number of chronically under-nourished by 2015. While the problem of
IUU fishing is being addressed in other fora, including the Food and
Agriculture Organization (FAO), the level of participation in
activities such as the FAO International Plan of Action on IUU
fishing remains relatively low.
In discussing this topic, delegates faced issues
similar to those raised during the debates on safety of navigation,
namely the lack of flag State implementation, and the need for
assisting developing countries. In this context, the call for a
definition of the genuine link between a flag State and a vessel was
repeatedly made. In requesting the UN Division for Oceans Affairs
and the Law of the Sea to clarify and better define the genuine
link, the Process made a first step towards ensuring that the need
for better implementation of relevant international instruments is
not overridden by the economic benefits of IUU fishing. The upcoming
global assessment of the state of the marine environment will
further help curbing IUU fishing in enabling management decisions to
be made on sounder and more complete information. It will also
provide an opportunity for greater inter-agency and
intergovernmental cooperation on ocean issues.
FUTURE PROSPECTS FOR THE CONSULTATIVE PROCESS
At the outset, delegates unanimously expressed
satisfaction with the extension of the Consultative Process for
another three years, since it has proved able to provide substantive
input in the General Assembly’s debates on ocean affairs. The
unprecedented level of participation at this meeting, the focused
and open discussions, and the high level of legal and technical
expertise reflected in country statements were recognized as
testimony to the Consultative Process’ maturity. These, together
with the informal setting, certainly allowed for progress on
traditionally sensitive issues.
Over three years, the Process has established
itself as an indispensable mechanism for addressing oceans affairs.
While the Meeting of the Parties to UNCLOS only addresses
administrative matters related to the functioning of Convention’s
mechanisms, the Consultative Process has a broader mandate to
address all oceans-related issues. Moreover, its direct link and
accountability to the General Assembly allows non Parties to UNCLOS
and other stakeholders to participate in debates regarding oceans
issues.
This raises questions regarding the role that the
Consultative Process may have in the inter-agency coordinating
mechanism called for under UNGA resolution 57/141 and designed to
replace the Subcommittee on Oceans and Coastal Areas (SOCA), which
ceased to exist as of December 2001. SOCA had been established
following UNCED to ensure inter-agency cooperation on sustainable
development for the oceans. According to some delegates, it provided
an effective forum for cooperating and coordinating all oceans
affairs-related instruments and processes.
While the UN Chief Executives Board for
Coordination has decided to move away from permanent subsidiary
bodies and regular reporting requirements to an ad hoc,
time-bound and task-oriented coordination mechanism, discussions are
still underway on the modalities and functions of such a mechanism.
Many delegates noted that occasional inter-agency meetings are not
sufficient to address the complex oceans agenda in an integrated
way. At the same time, strong opposition was voiced against creating
new burdensome and costly UN machinery. With so many UN agencies and
international organizations addressing oceans issues, several
delegates said the mechanism should provide an opportunity for
constructive dialogue rather than a forum for protecting mandates.
In light of SOCA’s discontinuation and calls for
its urgent replacement, the Consultative Process, which is at the
crossroads of various issues and is directly accountable to the
General Assembly, may provide an effective leading role in defining
priority areas.
Ultimately, while inter-agency coordination is
important for ensuring coherence between relevant intergovernmental
processes, national implementation and cooperation between States
remain critical for effective implementation of UNCLOS and its
objectives. The challenge is to ensure that various regional
processes and instruments operate within the framework of UNCLOS and
international law, and do not undermine global efforts. The
Consultative Process may bear the responsibility for ensuring
overall coherence and consistency of actions with international law,
and its recent extension provides an opportunity to do just that.
THINGS TO LOOK FOR BEFORE ICP-5
13TH MEETING OF STATES PARTIES TO UNCLOS: The
13th Meeting of States Parties to UNCLOS will meet from 9-13 June
2003, at UN headquarters in New York. For more information, contact:
the UN Division for Ocean Affairs and Law of the Sea (DOALOS); tel:
+1-212-963-3962; fax: +1-212-963-5847; e-mail:
doalos@un.org; Internet:
http://www.un.org/Depts/los/meeting_states_parties/13th_meeting_states_parties.htm
WORKSHOP ON THE GOVERNANCE OF HIGH SEAS: This
meeting will be held from 16-20 June 2003, in Cairns, Australia. The
event specifically addresses the WSSD’s call to maintain the
productivity and biodiversity of important and vulnerable marine and
coastal areas beyond national jurisdiction. There will also be an
ecosystem-based management workshop addressing the use of this
approach for the sustainable management and conservation of the
oceans. For more information, contact: Nicola Rivers; tel:
+61-2-6274-1128; fax: +61-2-6274-1006; e-mail:
nicola.rivers@ea.gov.au;
Internet:
http://www.ea.gov.au/highseas
55TH ANNUAL MEETING OF THE INTERNATIONAL WHALING
COMMISSION (IWC): This meeting will take place from 16-20 June
2003, in Berlin, Germany. This event will be preceded by meetings of
the IWC’s Scientific Committee and various sub-groups. For more
information, contact: IWC; tel: +44-12-2323-3971; fax:
+44-12-2323-2876; e-mail:
iwc@iwcoffice.org; Internet:
http://www.iwcoffice.org/2003_meeting.htm
36TH SESSION OF THE IOC EXECUTIVE COUNCIL AND
22ND SESSION OF THE IOC ASSEMBLY: These meetings of the
Intergovernmental Oceanographic Commission will convene from 23 June
to 4 July 2003, in Paris, France. For more information, contact:
UNESCO-IOC; fax: +33-1-4568-5812; Internet:
http://ioc.unesco.org/iocms/
27TH ANNUAL CONFERENCE ON THE LEGAL AND
SCIENTIFIC ASPECTS OF CONTINENTAL SHELF LIMITS: This conference
will take place from 25-27 June 2003, in Reykjavik, Iceland, and
will focus on key legal and scientific issues regarding the
determination of the outer limits of the continental shelf beyond
200 nautical miles. For more information, contact: Esther Steinson;
tel: +354-585-4300; fax: +354-585-4390; e-mail:
esther@icelandtravel.is;
Internet:
http://www.virginia.edu/colp/conference.htm
INTERNATIONAL CONFERENCE ON THE SAFETY OF
TRANSPORT OF RADIOACTIVE MATERIAL: This conference will take
place from 7-11 July 2003, in Vienna, Austria. It will provide an
opportunity for States to address issues relating to the maritime
transport of radioactive materials by sea. For more information,
contact: Hildegard Schmid, IAEA; tel: +43-1-2600-21316; fax:
+43-1-2600-7; e-mail:
Hildegard.Schmid@iaea.org; Internet:
http://www-pub.iaea.org/MTCD/Meetings/Announcements.asp?ConfID=101
CBD MEETING ON THE FURTHER ELABORATION AND
GUIDELINES FOR IMPLEMENTATION OF THE ECOSYSTEM APPROACH: This
meeting under the Convention on Biological Diversity will convene
from 7-11 July 2003, in Montreal, Canada. For more information,
contact: CBD Secretariat; tel: +1-514-288-2220; fax:
+1-514-288-6588; e-mail:
secretariat@biodiv.org; Internet:
http://www.biodiv.org/doc/meeting.asp?wg=ECOSYS-01
COASTAL ZONE ’03: This event will take place
from 13-17 July 2003, in Baltimore, Maryland, United States, to
consider issues relating to coastal zone management. For more
information, contact: Gale Peek; tel: +1-843-740-1231; e-mail:
gale.peek@noaa.gov;
Internet:
http://www.csc.noaa.gov/cz2003
MEETING OF THE IMO MARINE ENVIRONMENT PROTECTION
COMMITTEE: This International Maritime Organization meeting will
take place from 14-18 July 2003, in London, UK. For more
information, contact: IMO; fax: +44-20-7587-3210; e-mail:
agarofal@imo.org; Internet:
http://www.imo.org/Newsroom/mainframe.asp?topic_id=109
PREPARATORY PROCESS FOR THE INTERNATIONAL MEETING
TO REVIEW IMPLEMENTATION OF THE BARBADOS PROGRAMME OF ACTION (BPOA):
Three regional meetings and one inter-regional meeting will take
place in preparation for the international meeting to review
implementation of the BPOA on sustainable development of Small
Island Developing States (SIDS). The Pacific SIDS meeting will take
place in Apia, Samoa, from 4-8 August 2003. The Caribbean SIDS
meeting will be held in Port of Spain, Trinidad and Tobago, from
18-22 August 2003. The Atlantic, Indian Ocean, Mediterranean and
South China Seas SIDS meeting will convene in Praia, Cape Verde,
from 1-5 September 2003. An inter-regional preparatory meeting for
all SIDS will take place in Nassau, Bahamas, from 26-30 January
2004, while the international meeting will be held in Mauritius in
August/September 2004. For more information, contact: UNDSD-SIDS
Unit; tel: +1-212-963-2803; fax: +1-212-963-4260; e-mail:
dsd@un.org; Internet:
http://www.un.org/esa/sustdev/sids/sids.htm
13TH SESSION OF CLCS: This meeting of the UN
Commission on Limits of the Continental Shelf will take place from
25-29 August 2003, in New York. For more information, contact:
DOALOS; tel: +1-212-963-3966; fax: +1-212-963-5847; e-mail:
doalos@un.org; Internet:
http://www.un.org/Depts/los/clcs_new/clcs_home.htm
OCEAN MARGIN RESEARCH CONFERENCE: This
conference will be held from 15-17 September 2003, in Paris, France.
Organized by the Ocean Margin Deep-Water Research Consortium and
co-sponsored by the EU, IOC and UNESCO’s Division of Earth Sciences,
this event aims to increase knowledge on the functioning of ocean
margin systems, and promote the wise use of the seafloor and
sub-seafloor of the Earth’s ocean margin system as a source of
natural marine resources. For more information, contact: Kai Rune
Mortensen; tel: +47-776-44428; fax: +47-776-45600; e-mail:
kai-rune.mortensen@ig.uit.no;
Internet:
http://www.ig.uit.no/konferanser/omarc/index.htm
THIRD ABLOS BIENNIAL SCIENTIFIC CONFERENCE:
This conference will take place from 28-30 October 2003, in Monaco.
Convened by the joint Advisory Board on the Law of the Sea (ABLOS),
this event will address issues related to geodesy, hydrography, and
marine geoscience that may affect the interpretation and application
of UNCLOS. For more information, contact: Ron Macnab, Conference
Convenor; fax: +377-9310-8140; e-mail:
ron.macnab@ns.sympatico.ca;
Internet:
http://www.gmat.unsw.edu.au/ablos/index.html#ABLOS"03
GLOBAL CONFERENCE ON OCEANS, COASTS AND ISLANDS:
This meeting will convene from 12-14 November 2003, in Paris,
France. This conference aims to help countries implement integrated
coastal management, and will review WSSD implementation of relevant
issues. For more information, contact: Center for the Study of
Marine Policy, University of Delaware; tel: +1-302-831-8086; fax:
+1-302-831-3668; e-mail:
johnston@udel.edu; Internet: http://icm.noaa.gov
DEEP SEA 2003 CONFERENCE: This conference
will take place from 1-4 December 2003, in Queenstown, New Zealand.
The event aims to provide a forum to discuss the present and future
needs for science, conservation, and governance and management of
the continental slope and deep seas. For more information, contact:
Ross Shotton; e-mail:
ross.shotton@fao.org; Internet:
http://www.deepsea.govt.nz/index.aspx
CBD COP-7: The seventh meeting of the CBD
Conference of the Parties will take place from 8-19 March 2004, in
Kuala Lumpur, Malaysia. For more information, contact: CBD
Secretariat; tel: +1-514-288-2220; fax: +1-514-288-6588; e-mail:
secretariat@biodiv.org;
Internet:
http://www.biodiv.org/doc/meeting.asp?mtg=COP-07
CSD-12: The 12th session of the Commission on
Sustainable Development is scheduled to take place in April/May 2004
at UN headquarters in New York. Issues on the agenda include fresh
water and sanitation. For more information, contact: DESA/DSD; tel:
+1-212-963-3170; fax: +1-212-963-4260; e-mail:
dsd@un.org; Internet:
http://www.un.org/esa/sustdev/
FIFTH MEETING OF THE OPEN-ENDED INFORMAL
CONSULTATIVE PROCESS ON OCEANS AND THE LAW OF THE SEA: The
schedule for the fifth meeting of the Consultative Process will be
determined by the General Assembly at its 58th session. The meeting
is likely to take place in May/June 2004, at UN headquarters in New
York. For more information, contact: DOALOS; tel: +1-212-963-3962;
fax: +1-212-963-5847; e-mail:
doalos@un.org; Internet:
http://www.un.org/Depts/los/ |