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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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