THE FBA SDNY CHAPTER HUMAN RIGHTS REPORTER SERIES
By Artem Volgaev[1]
FBA UN Reporter
January 14, 2020
On December 10, 2019, the United Nations General Assembly considered a report of the Secretary-General on the theme ocean science and the United Nations Decade of Ocean Science for Sustainable Development,[2] its draft resolution on sustainable fisheries (“Resolution A/74/L.21”),[3] and its draft resolution on oceans and the law of the sea (“Resolution A/74/L.22”).[4]
Norway presented the Resolution A/74/L.21. Ambassador Mona Juul pointed out that fishery is “a vital source of food and economic well-being for people all around the world,” and that achieving sustainable fisheries is the cornerstone of the global sustainable development. The Ambassador referred to the United Nations Fish Stock Agreement,[5] which sets out a comprehensive legal regime for conservation and sustainable use of straddling highly migratory fish stocks. She mentioned positive examples of international cooperation which is crucial for better coordination and management of the oceans. Ms. Juul noted that despite these positive developments made since the adoption of the Code, there is a lot of important work to be done in the sphere of prevention of illegal, unreported and unregulated fishing (“IUU”). In her opinion, the problem can be resolved by implementation of the binding Agreement on Port State Measures between states specifically targeting the IUU.
Norway also joined other states in co-sponsoring the Resolution A/74/L.22. In her view, the draft resolution reaffirms the universal and unified character of the United Nations Convention on the Law of the Sea, and sets out the legal framework for all activities in the oceans and seas. In conclusion, Ms. Juul pointed out that Norway continues to play “a leading role in the global efforts to promote clean and healthy oceans.” The Ambassador affirmed that Norway will continue its strong support of development of new mechanisms of controlling biodiversity in areas beyond its national jurisdictions.
Singapore introduced the draft Resolution A/74/L.22. Ambassador Burhan Gafoor said that it remains “one of the most important and comprehensive resolutions on oceans and law of the sea.” Mr. Gafoor highlighted the main issues emerging from the previous negotiations of this document, including a roadmap for exploration for polymetallic nodules and the creation of the International Seabed Authority database (DeepData). The main purpose is to consider the impact of climate change on the oceans and the cryosphere. The Ambassador noted the importance of international cooperation in addressing the issues facing the oceans and seas.
Ms. Keisha McGuire, the Ambassador of Grenada, spoke on behalf of the 14 member states of the Caribbean Community, and expressed concern regarding the impact of climate change findings reflected in the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate. Ms. McGuire expressed her concern that the language of the resolutions must be emphatic and ambitious in its treatment of the findings. She pointed out that the language employed should be more oriented toward “tackling climate change by reducing the growing gap between emissions targets and reality.” Fiji, Belize, Vanuatu, EU and other member states supported this critique.
Mr. Silvio Gonzato, who spoke on behalf of the European Union, supported both Resolutions and noted that they are not only mechanisms aiming to regulate significant developments and issues in this area, but also serve all states “as regular political stocktaking and guidance in this regard.”
The
President of the International Tribunal for the Law of the Sea reported about
judicial work in 2019. Judge Jin-Hyun
Paik said that the Tribunal dealt with a wide array of disputes arising from
the freedom of navigation, exclusive flag state jurisdiction on the high seas,
and the military activities exception to compulsory dispute settlement. In
these cases, provisions of the United Nations Convention on the Law of the Sea
were applied and interpreted to clarify to states their rights and obligations.
In conclusion, Mr. Paik noted that the
Tribunal “stands ready to deal with any further tasks with which the
international community wishes to entrust it in the future.”
[1] Artem Volgaev is an LLM Student at Fordham Law School studying Corporate, Banking and Finance law. He is scheduled to graduate in May 2020.
[2] U.N. Secretary-General, Oceans and the Law of the Sea, U.N. Doc. A/74/350 (Sep. 11, 2019).
[3] G.A. Res. A/74/L.21, Sustainable Fisheries, including through 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, and Related Instruments: Draft Resolution (Nov. 27, 2019).
[4] G.A. Res. A/74/L.22, Oceans and the Law of the Sea: Draft Resolution (Nov. 29, 2019).
[5] The United Nations 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, Dec. 11, 2001, 3 U.N.T.S. 2167.