unitex@rubbs.fidonet.org (unitex) (09/03/89)
of 11, said the Convention on the Law of the Sea was a milestone in the history
of international lawmaking which must not be allowed to fail. The Convention
expressed the aspirations of States, and his Group would work towards the
achievement of its universal acceptance. He said that the matter of pioneer
obligations was crucial and should be settled at the Commission's next
session, so that other outstanding issues might be addressed.
The representative of France, on behalf of the European Community and its
members States, said the Commission's work had been characterized by a spirit
of openness which augured well for the achievement of universality. Although
it had not yet entered into force, the Convention provided "an indispensable
reference point" on law of the sea problems, and promoted a harmonization of
international law. But lack of total acceptance entailed a risk that
divergent practices might emerge. It was, therefore, important to achieve
universality, through the opening of dialogue.
He then spoke on behalf of the pioneer investors, who, he said, favoured
the spirit of open-mindedness and would do everything possible to promote
dialogue with a view to achieving universal acceptance of the Convention. The
pioneer investors would continue to demonstrate a spirit of compromise. The
Chairman's statement had indicated progress in two key areas: informal
consultations on the technical experts' reports; and the existence of a
favourable climate. He said the Chairman should begin negotiations on
obligations, for the Commission's next session to have a positive outcome.
The representative of Italy, speaking for the Group of Six, said
negotiations were entering a crucial stage, and the Convention constituted a
major achievement of the United Nations and of the process of codification and
progressive development of internationational law. But the Group held the
view that provisions of the Convention covering the sea-bed mining Area and
principles governing its exploitation (Part XI of Convention) presented some
serious problems which, if left unresolved, might jeopardize that achievement.
The members of the Group had worked tirelessly in the Preparatory Commission
to find appropriate solutions that might pave the way for a universally
acceptable Convention. They believed the achievement of that objective might
be greatly facilitated should all States agree to the launching of a dialogue,
without preconditions and in the appropriate framework. They would welcome
developments in that direction.
The representative of Canada, speaking for potential applicants for
registration as investors, expressed appreciation for the efforts of the
secretariat in attempting to resolve the issue of pioneer investor
obligations. The potential applicants welcomed the reports of the Group of
Experts and hoped the report, outlining plans for stages of exploration of a
mine-site reserved for the Authority, would enable them to resolve some of the
outstanding differences related to the obligations issue. They regretted,
however, that it had not been possible to achieve that result during the
session. They were ready to contribute actively and constructively to a
dialogue, without preconditions, for a universally acceptable solution.
The representative of China said the reports of the Chairmen of the
various Special Commissions and that of the Plenary demonstrated that "smooth
progress" had been achieved during the session. He was confident that the
goals of the Preparatory Commission could be achieved within the target date
of 1991. He expressed regret that the consultations on the obligations of
pioneer investors had not proceeded satisfactorily and hoped that progress
could be made in that area at the next session in Kingston. He welcomed the
positive attitude of the Group of 77 and joined it in inviting non-signatories
to the Convention to participate in talks to resolve problems they might
have. China would work for the attainment of the goals of the Commission.
The representative of Bulgaria, speaking for the Group of Socialist
States of Eastern Europe, said they supported the position of the Group of 77
on the need for ensuring the universality of the Convention. They would work
towards that end. He said the concept of the resources of the seas being the
common heritage of mankind could not be achieved without the participation of
all countries in realizing the objectives of the Convention. The Group was
ready to support all positive steps aimed at surmounting difficulties involved
in the attainment of the universality concept.
The representative of Oman said his country was a littoral State and had,
therefore, supported international efforts to regulate passage between littora
States and others. His Government had made proposals and had, through the
Group of 77, reached compromises that would satisfy all countries. It had
ratified the Convention and had declared a 200-mile exclusive economic zone.
It would give due consideration to the rights of other States in conformity
with provisions of the Convention.
The observer of the African National Congress of South Africa (ANC) said
* Origin: UNITEX --> Toward a United Species (1:107/501)
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