UNCLOS and the Pacific Island Countries: the main issues Joeli Veitayaki Marine Affairs Programme, The University of the South Pacific Suva, FIJI.

Background UNCLOS is very attractive to Pacific Islands and brings considerable effect No where is UNCLOS more suited and relevant than Pacific Islands Pacific Islands were participants in the negotiation Convention was a major gain for Pacific Islands UNCLOS III commenced in 1973 and took 9 years UNCLOS was signed in 1982

Background Constitution of the oceans-promote international peace and security and replace conflicting claims with universally agreed limits The most comprehensive political and legislative work undertaken by UN Balance of rights and responsibilities 17 parts and 9 annexes Package dealing

Background All countries claimed huge maritime areas Reliance on marine resources Impact on national development Countries need to focus on meeting their responsibilities such as delimitation, determination of continental shelf boundary, development of offshore mining legislation, exploration and exploitation of Area, marine scientific research and the development and transfer of technology

Internal waters, archipelagic waters and territorial sea (II - IV) 12 mile territorial sea is compromise between 3 mile used in west and 200 miles used in Latin America. Measurements start from baselines Sovereignty for PIC extended under provision for archipelagic state Innocent passage is to be observed Foreign passage may be assigned in archipelagic sea lanes within archipelagic waters Anadromous (stocks that breed in rivers and estuaries) are to be conserved by coastal states Catadromous stocks need to be conserved

Internal waters, archipelagic waters and territorial sea Pacific Islands is a maritime region Archipelagic states have archipelagic baselines and can declare straight baselines - PNG, Solomon Islands, Fiji Internal water areas are extended Total jurisdiction in archipelagic waters Territorial Sea is measured from the baseline

Exclusive Economic Zone (V) The most important zone given the potential it offer coastal states All countries have declared 200 mile EEZ Coastal states must observe rights for freedom of navigation Some of the countries are still to delimit their zones and agree to shared boundaries Coastal states must explore and exploit, conserve and manage stocks

EEZ (cont) Overexploitation must be prevented through optimum utilisation Coastal state must determine MSY and prevent overfishing and under utilisation DWFNs must comply with access conditions Cooperation between neighbouring states over management of shared stocks Cooperation between coastal states and DWFNs

EEZ (cont) Coastal states are entitled to limit fishing for whales, porpoises and marine mammals

Continental Shelf and High Seas (VI - VII) Most nations have narrow continental shelf Management of sedentary species on the sea floor are up to coastal states High Seas are open to all states Pockets of High Seas - the resources of which need to be conserved States must acknowledge the interests of other states Hot pursuit is possible

Continental Shelf and High Seas States are to apply conservation measures Fisheries technology must be promoted to support social and economic development Area - area of seabed in the high seas Manganese nodules, polymetalic sulphides and polymetalic crust are found in parts of the Pacific Mineral exploitation may mean environmental problems and increase in traffic

Protection and preservation of marine environment (XII) Regional environment programme and conventions and treaties Tertiary institution and universities are conducting research on pollution Marine scientific research is promoted but coastal state permission is required for research inside EEZ SPREP and FFA conventions are part of the initiative within the Pacific to protect and preserve the marine environment

Critical UNCLOS Issues Delimitation of maritime zones and boundaries charts or a list of geographic coordinates need to be deposited at the UN lack of technical capacity to continue the work archipelagic baselines need to be updated need for hydrographic survey common boundaries need to be negotiated

Determination of continental shelf boundary Nations with continental shelf extending beyond 200 nm can establish the outer boundary 350 nm from the baseline or 100 nm seaward of the 2,500 metre isobath whichever is further from the coast Commission on the Limits of the Continental Shelf and the coastal state must agree on the outer boundary The boundaries beyond the 200 nm must be submitted with supporting technical and scientific data to the Commission within 10 years from the ratification date

Determination of continental shelf boundary (cont) Potential for extension exist in 6 location with can affect 10 countries Delimitation of continental shelf between States with opposite or adjacent coasts

Development of offshore mining legislation Few countries have necessary regulatory framework to maximise the benefits of exploring and exploiting offshore minerals States mining legislation do not extend beyond the 12 nm Territorial Sea and may be inappropriate Biotechnological research is not addressed but will be important

Development of offshore mining legislation (cont) Issues that need to be addressed: collection and analysis of data from offshore exploration, assessment of likely effects on the marine environment of offshore mining and the equitable participation of SOPAC members Development of in-country projects and a model regional legislative provisions

Exploration and exploitation of the Area (XI) ISA is an autonomous international organisation established in 1994 after LOS entered into force Extensive offshore deposits of manganese nodules, cobalt-rich manganese crusts and hydrothermal mineral deposits Exploitation of minerals need to ensure the protection and preservation of the environment

Exploration and exploitation of the Area (cont) The regime developed through ISA provide an opportunity for PIC to participate in the work of ISA The draft Code emphasises data collection and the establishment of environmental baseline Pacific countries can benefit from studies carried out by ISA SOPAC is observer at the Assembly of ISA

Marine Scientific Research (XIII) PIC need to consent to all MSR within their waters MSR is mostly conducted by institutions from outside PIC need to: promote the conduct of MSR in their waters improve their capacity for MSR SOPAC and other technical organisation can assist in the development of capacity and regional regulations on MSR

Development and transfer of marine technology (XIV) SOPAC should assist member countries National capacity varies greatly and need enhancing SOPAC can advice on legislation relevant to the use of marine resources

Advantages of multilateral agreements DWFNs do not play off countries Agreement on regional legal standards Regional surveillance and enforcement Share administrative duties and costs Set standards for adoption by subregional and bilateral members Regional cohesion and understanding

Elements of Access Agreements Licensing-payment of fees and other remuneration Catch, effort, area and gear restrictions Reporting Observers Research Terms and conditions relating to partners Enforcement procedures Promote conservation of stock

Objectives of access agreements Recognition of coastal states right over resources Compliance with coastal state laws Conserve and manage the resource Receive economic benefits Increased information through reporting Develop the fisheries Technical assistance Marine scientific research

Objectives of access agreements (cont) Joint venture Secure markets for domestic industry Implementation of regional standards Avoid extraterritorial application of DWFNs laws Consultation and dispute settlement process

The Nauru Agreement Coordinated approach to the fishing of common stocks a central licensing system (Regional Register) agreement on uniform terms and conditions foreign vessels must have a license placement of observers standardised form of log book timely reporting standardised identification