unitex@rubbs.fidonet.org (unitex) (09/03/89)
sea-bed resources formed part of the national resources of her country. But
her people could not participate as a nation in the deliberations on that
matter because of the system of apartheid. South Africa was in a political
and economic crisis from which it could not extricate itself. The defiance
campaign in her country was a non-violent, popular movmement expressing the
will of the majority of her people -- both black and white -- to eradicate
apartheid. She repeated her call for creation of a non-racial democratic
State in South Africa.
The Assistant Secretary-General of the Asian-African Legal Consultative
Committee said the Law of the Sea Convention was unique. As a codifying
Convention, it combined customary international law with new rules regarding
contractual rights and obligations. As a constitutive instrument, it
established such entities as the International Sea-Bed Authority and the Law
of the Sea Tribunal. It envisaged creation of a commission to make
recommendations to coastal States on the outer limits of their continental
shelf. In addition to providing for settlement of disputes arising out of the
Convention, it envisaged a significant role for international organizations.
He was concerned, however, about "furtive efforts" to amend the
Convention before it had even entered into force. The developing countries
had a feeling of frustration and betrayal at the industrialized countries'
reluctance to ratify and become bound by the Convention. The principle of the
common heritage of mankind was a vital element of the new legal order for the
seas and oceans, and was part and parcel of contemporary international law.
He, therefore, opposed "any premature amendments" aimed at removing the
reservations of some industrialized countries, and suggested that there might
be other solutions for those reservations.
The Commission had long waited for one of the major industrialized
countries to participate in the negotiations, he said. It was time for all
States to reaffirm their faith in negotiations and commence a dialogue with a
view to finding generally acceptable solutions that would enable them to
ratify the Convention.
The observer of the International Ocean Institute called attention to her
Institute's training programme on sea-bed mining, which had been restructured
to meet the changing needs of the international community and the developing
countries in particular. It was a demanding course on the high technologies
related to sea-bed mining. Over the past two years, it had been held in
Jamaica, Colombia and India, and arrangements were being made for it to be
held alternatetely in Oslo and India. She said that the programme made
provision for 16 scholarships, and urged interested delegations to apply
early, in view of the large number of applications received.
The CHAIRMAN said that, after consultation with the regional groups, he
proposed for the next session of the Commission be held at Kingston, Jamaica,
from 5 to 30 March.
The SECRETARY said the provision for the forthcoming eighth session had
been made in the regular budget of the United Nations.
The Commission decided to hold its next session from 5 to 30 March at
Kingston.
The CHAIRMAN said he agreed with the need for universal acceptance of the
Convention. Any action that the Preparatory Commission might take to
strengthen the universality principle of the Convention was, therefore,
welcome. He expressed the hope that, by the time of its entry into force,
every nation would lend its support to the Convention.
Members of Commission
Under the provisions of resolution I establishing the Preparatory
Commission, the Commission consists of the representatives of States and
Namibia (represented by the Council for Namibia), which have signed the Law of
the Sea Convention or acceded to it. Representatives of signatories of the
Conference's Final Act may participate fully in the deliberations of the
Commission as observers, but are not entitled to participate in its decisions.
Officers
The Chairman of the Preparatory Commission is Jose Luis Jesus (Cape
Verde). Its 14 Vice-Chairmen are the representatives of Algeria, Australia,
Brazil, Cameroon, Chile, China, France, India, Iraq, Japan, Liberia, Nigeria,
Sri Lanka and USSR.
The Rapporteur-General is Kenneth Rattray (Jamaica).
Hasjim Djalal (Indonesia) is Chairman of the Special Commission on
Developing Land-Based Producer States (Special Commission 1); Lennox Ballah
(Trinidad and Tobago) is Chairman of the Special Commission on the Enterprise
(Special Commission 2); Jaap Walkate (Netherlands) is Chairman of the Special
Commission on the Mining Code (Special Commission 3); and Theodore
Chalkiopoulis (Greece) is Acting Chairman of the Special Commission on the
International Tribunal for the Law of the Sea (Special Commission 4).
The Vice-Chairmen for Special Commission 1 are the representatives of
Austria, Cuba, Romania and Zambia; for Special Commission 2, Canada, Mongolia,
Senegal and Yugoslavia; for Special Commission 3, Gabon, Mexico, Pakistan and
Poland; and for Special Commission 4, Colombia, Greece, Philippines and Sudan.
The Special Representative of the Secretary-General for the Law of the
Sea is Satya N. Nandan, Under-Secretary-General for Ocean Affairs and Law of
the Sea.
* Origin: UNITEX --> Toward a United Species (1:107/501)
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Patt Haring | UNITEX : United Nations
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