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United Nations Convention on the Law of the Sea at 30: Reflections

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United Nations Convention on the Law of the Sea at 30: Reflections UNITED NATIONS CONVENTION UNITED NATIONS CONVENTION ON THE LAW OF SEA ON THE LAW OF THE SEA AT 30: REFLECTIONS UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AT 30: REFLECTIONS On the occasion of the commemoration of the 30th anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea, delegates of the Third United Nations Conference on the Law of the Sea overwhelmingly responded to the request from the Legal Counsel of the United Nations AT 30 to send their personal recollections and reflections to : be set out in a publication. The result is a personal REFLECTIONS tribute to the negotiations which took place in the last century and which led to the adoption of the Convention. It is a reflection of the spirit of consensus at the Third United Nations Conference and of the importance the Convention still has thirty years later as the legal framework for all matters related to the oceans and seas. USD 15 ISBN 978-92-1-133794-5 UNITED NATIONS 12-00087 UNITED NATIONS United Nations Convention on the Law of the Sea at Thirty Reflections United Nations Convention on the Law of the Sea at Thirty _________________________________________________________ Reflections United Nations Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs NOTE The views expressed herein are those of the authors and do not necessarily reflect the views of the United Nations. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Any information that may be contained therein concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. Published by the United Nations New York, New York 10017, United States of America © 2013 United Nations All right reserved All queries on rights and licenses, including subsidiary rights, should be addressed to: United Nations Publications New York, New York 10017 United States of America e-mail: [email protected] website: un.org/publications Requests to reproduce excerpts should be addressed to: [email protected] ISBN: 978-92-1-133794-5 eISBN: 978-92-1-055826-6 United Nations Publication Sales No. E.12.V.10 Design Outreach Division, Department of Public Information United Nations, New York FOREWORD The tenth day of December 1982 was a milestone for multilateralism. After years of detailed and delicate negotiations, the United Nations Convention on the Law of the Sea was opened for signature. That same day, an unprecedented 119 countries signed the treaty, a record that still stands. This achievement was made possible by the hard work and meticulous preparation of a diverse and committed group of women and men. This booklet tells their story. For 30 years, the law of the sea has guided our management of the oceans and the activities that take place on and beneath them. The progressive development of the law of the sea through the Convention and related instruments has provided a flexible and evolving framework. It has guided us through the peaceful settlement of disputes, the delineation of the outer limits of the extended continental shelf, and the administration of the resources of the international seabed. It contributes to international peace and security and the equitable and sustainable use of the marine environment. The primacy and relevance of the “constitution for the oceans” were most recently affirmed by the Rio+20 United Nations Conference on Sustainable Development, which emphasized that the law of the sea provides the legal framework for the conservation and sustainable use of the oceans and their resources. The law of the sea is also central to the Oceans Compact, which I launched in Yeosu, Republic of Korea, to provide a strategic vision for the United Nations system to deliver on its ocean-related mandates. The peaceful management of our seas and oceans requires broad engagement. The authors of these personal recollections have played a major role. I urge all stakeholders to follow their lead. By working together we can achieve healthy oceans for prosperity and sustainable development for all. BAN Ki-moon Secretary-General v Table of contents Foreword The International Tribunal for the Law of the Sea....................................................1 Shunji Yanai...................................................................................................1 The International Seabed Authority ..........................................................................3 Allotey Odunton.............................................................................................3 The Commission on the Limits of the Continental Shelf..........................................5 Galo Carrera...................................................................................................5 Argentina...................................................................................................................8 Osvaldo Pedro Astiz.......................................................................................8 Australia..................................................................................................................13 Charles Mott.................................................................................................13 Philip Symonds ............................................................................................14 Austria.....................................................................................................................18 Gerhard Hafner.............................................................................................18 Helmut Tuerk ...............................................................................................20 Bahamas..................................................................................................................22 Patricia Rodgers, Marilyn Zonicle, Charice Rolle........................................22 Belgium...................................................................................................................24 Philippe Gautier ...........................................................................................24 Herman Portocarero ....................................................................................26 Brazil ......................................................................................................................29 Vicente Marotta Rangel................................................................................29 Cyprus.....................................................................................................................31 Andrew Jacovides ........................................................................................31 Czech Republic .......................................................................................................33 Vladimir Kopal.............................................................................................33 El Salvador..............................................................................................................35 Alfredo Martinez-Moreno ............................................................................35 Finland ....................................................................................................................37 Kari Hakapää................................................................................................37 Germany..................................................................................................................39 Eitel (Antonius) Tono...................................................................................39 Günter Görner ..............................................................................................40 Grenada...................................................................................................................43 Dolliver Nelson ...........................................................................................43 Indonesia.................................................................................................................45 Hasjim Djalal................................................................................................45 Nugroho Wisnumurti ...................................................................................47 Iraq ......................................................................................................................50 Mohammed Al-Hajj Hamoud.......................................................................50 Ireland .....................................................................................................................56 Francis Mayon Hayes ..................................................................................56 vi Table of contents Jamaica....................................................................................................................58 Allan G. Kirton ............................................................................................58 Patrick Robinson ..........................................................................................60 Japan ......................................................................................................................62
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