Norwegian Statement

Mr. President,

The United Nations Convention on the Law of the Sea has rightly been labelled the Constitution of the oceans. As we today celebrate the tenth anniversary of its’ coming into force, we reaffirm its fundamental importance as the undisputed overarching legal framework for all peaceful uses of the seas and oceans. Our challenge lies in ensuring full implementation of the Convention through loyal implementation of our obligations and effective utilisation of the possibilities its provisions prescribe.

Mr. President,

I will focus on three main topics:

The contribution of the Law of the Sea Convention in respect of the international legal order and international peace and security,

Environmental challenges, and

Measures to secure the sustainable management of our living marine resources.

Mr. President,

The Convention promotes international peace and security by establishing clarity and predictability around all oceans activities. The instrument defines the limits of territorial waters, national zones and the continental shelf. It also guarantees the freedom of navigation beyond the territorial sea and the right of passage through the territorial sea, international straits and archipelagic waters. The Convention carefully balances a number of interests and thus fosters friendly relations and cooperation among all nations. This balance constitutes the basis for the rule of law on the oceans. This is a key contribution to the international legal order.

While the rules and principles of the Convention provide a stable legal framework, our security challenges change. Piracy and armed robbery at sea are increasing. Proliferation of Weapons of Mass Destruction (WMD) and in particular the danger of such weapons coming into the hands of terrorists, is a major threat to international peace and security. Proliferation by sea is unfortunately a real risk.

Under Security Council Resolution 1540 all nations are obliged to prevent proliferation of WMD. Nations must cooperate to this end and we welcome the efforts made within the IMO. Of particular importance are the recent amendments to the Convention for the Safety of Life at Sea and the ongoing process to substantially strengthen the Convention for the Suppression of Unlawful Acts against the Safety of Marine Navigation. Furthermore, Norway is an active participant in the Proliferation Security Initiative (PSI) to strengthen our national and collective ability to prevent and stop proliferation of WMD.

As a major shipping nation we are deeply concerned about the increase in piracy and armed robbery at sea in certain parts of the world. In addition to support for multilateral efforts against this increasing challenge, we are actively engaged in bilateral cooperation with other nations. And in all our efforts to counter piracy, terrorism and proliferation of such weapons at sea, the Convention serves as the basic legal framework for developing new initiatives.

Mr. President,

Shipping carries more than 90% of world trade. It is the most energy-efficient as well as ecologically sound mode of freight transportation. Preserving workable conditions for commercial shipping must therefore be a priority to us all. Shipping interests must, however, always be weighed against environmental considerations and the legitimate interests of the coastal populations of the world.

We have seen several environmental catastrophes caused by shipping accidents over the last years. This clearly illustrates the need for measures to further protect the environment. In this regard, we welcome the new IMO measures to prevent oil pollution from vessels, including the decision to speed up the phasing out of single hull tankers.

Shipping security is inextricably linked to flag states fully shouldering their responsibilities. These cannot be effectively discharged without a genuine link between the flag state and the ships flying its flag. I urge all flag states to comply with their obligations under international law to make sure that their ships meet international security standards. Without an effective maritime administration and appropriate domestic legal frameworks, states must refrain from operating shipping registries.

Mr. President,

States have a general responsibility to protect and preserve the marine environment and living resources in all ocean areas. How to best carry out this responsibility has increasingly been debated. The IMO has discussed the establishment of Particular Sensitive Sea Areas, while Marine Protected Areas have been debated within the framework of the Convention on Biological Diversity. Some have argued that we need a revision of the Law of the Sea Convention itself to clarify and strengthen our environmental responsibilities.

I believe that we are best served by adopting a focused, practical and targeted approach to address the problems at hand within the existing legal framework. When a problem is identified, specific measures to effectively deal with it should be adopted by the relevant international body or the national authority concerned. In line with this approach, Norway is actively working to prevent the destructive practice of bottom trawling in vulnerable areas. Within our 200 miles zones, protected areas have been established. These include areas within our Economic Zone where bottom trawling is prohibited.

I welcome last week’s decision by the North East Atlantic Fisheries Commission to ban all trawling in four areas within its regulatory area in accordance with Norwegian proposals. Also in other vulnerable high seas areas the relevant regional fisheries management arrangements should engage actively in order to prevent harmful bottom trawling. And where such competent bodies do not exist, I would urge coastal states to work together in order to establish them as soon as possible.

Based on the close cooperation of the states with best local knowledge, such regional arrangements are the best tools for ensuring a sustainable management of marine living resources and preventing destructive practices. These arrangements also have a key role to play in preserving marine biodiversity in general.

Mr. President,

The FAO reports that the global situation of the marine fish stocks continues to deteriorate. This broad statement does not apply to all stocks in all waters and zones, but overall it gives reason for increasing concern. We must prevent further depletion of living marine resources through sustainable resource management and the fight against illegal, unreported and unregulated fishing.

The Convention recognises the responsibility of coastal states for sustainable management of living resources in their maritime zones. Through the 1995 Fish Stocks Agreement states are obliged to cooperate in the management of straddling and highly migratory fish stocks. In discharging these responsibilities, the coastal states and regional arrangements are afforded a wide range of discretion in choosing the most appropriate management measures. A lack of complete scientific data can never serve as an excuse for failing to implement responsible management measures.

Our resource management efforts must be comprehensive and ecosystem based in order to match the complexity of nature. In line with this thinking, my Government is now working on a comprehensive management plan for the Norwegian part of the Barents Sea. This plan, which will guide our activities and measures for the next 15 years, will encompass aspects relevant not only to resource management, but to the marine environment as a whole.

Mr. President,

However responsible and precautionary the coastal states and the regional management arrangements might be in their management, it does not serve the full purpose as long as we are struggling with illegal, unreported and unregulated fishing. Significantly, the Secretary General states in his report on sustainable fisheries (A/59/298) that so called IUU fishing in all its forms presents the major obstacle to achieving sustainable fisheries in both areas under national jurisdiction and on the high seas.

Curbing such fishing is therefore among the most important measures we can take to protect the marine resources. Obviously, a huge responsibility here rests with the flag state. Unfortunately, some states allow vessels to fly their flag without ensuring that their fishing practices are legal and sound.

International instruments, such as the 1995 Fish Stocks Agreement and the 1993 FAO Compliance Agreement, are essential. Regrettably, the number of ratifications is still way too low. In other words, there seems to be a lack of political will to deal effectively with this problem. I appeal to all states to make sure that vessels flying their flag do not engage in illegal, unreported an unregulated fishing.

Mr. President,

In my statement I have repeatedly referred to common obligations and shared responsibilities. We share the responsibility to fully implement the Convention and achieve its full potential. There are, however, differences between the States Parties’ abilities to implement the various provisions and take advantage of the possibilities provided by the Convention. Norway therefore notes with satisfaction the widespread consensus that capacity building is a main challenge in relation to the law of the sea. As part of our development aid programs, we will continue to make funds and expertise available for States who need such support.

In closing Mr. President,

Let me state that it has been a pleasure to address law of the sea issues on the day of the tenth anniversary of the coming into force of the Convention. It has been a particular pleasure to do this in the General Assembly, the universal forum for taking stock of broader developments of law of the sea and ocean affairs and setting out our collective priorities.