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Malta Statement on the Law of the Sea

PR2138
Date Icon 10/12/1996

Malta's Ambassador to the United Nations, Dr. Joseph Cassar, yesterday afternoon addressed the UN General Assembly on the Law of the Sea.

A summary of Dr. Cassar's statement follows hereunder:

Malta called for the universal ratification of the UN Convention onthe Law of the Sea. Addressing the UN General Assembly which was discussing the item entitled "Law of the Sea", Malta's Permanent Representative to the UN, Ambassador Dr. Joseph Cassar, stated that notwithstanding the flexibility of the original State Parties to reach agreement on Part XI of the Convention to ensure universality, "Universal ratification still evades us".
The importance of the United Nations Convention on the Law of theSea stemmed not only from the legal norms which it outlined but also from the overall principle of the common heritage of humankind which inspired it and which has since permeated other areas of relations within the international community.
Malta took particular pride in having launched the concept ofcommon heritage of humankind at the United Nations almost 30 years ago soon after becoming a member of this Organisation. The importance of the Convention as a contribution to the maintenance of international peace and security could not be underestimated. In a global community characterised by an increasing strain on resources and the impact of the use and abuse of rapidly evolving technologies on the environment, the nature of threats to peace and security has changed.
"When speaking about security, my Government considers thepotential threats of an environmental nature that we are exposed to as being of extreme importance. At this moment in time, the threats to our security are more of non-military nature than otherwise. They are threats of an environmental nature, economic threats and social threats", stated Ambassador Cassar quoting from a recent statement delivered by the Deputy Prime Minister and Minister of Foreign Affairs and the Environment, the Hon Dr. George Vella, at the University of Malta's Biology Symposium.
Whilst providing a tool to exploit and conserve the resources ofthe seabed and the subsoil thereof, UNCLOS was also a tool for the peaceful settlement of disputes in an area not lacking in competition and an instrument of co-operation between States in the interest of present and future generations. The Convention came into force on November 16, 1994, after a long and arduous process which saw detailed negotiations as complex as the nature of the subject matter treated.
The setting up of the International Seabed Authority was a coredevelopment in the implementation of the Convention. The election of the judges and the inauguration of the International Tribunal for the Law of the Sea had again underlined the importance which the world community assigned to the areas covered by the Convention which continued to gain importance as agreements were negotiated to further define and regulate areas such as straddling and highly migratory fishstocks.
"The entry into force of the Convention was the beginning,rather than the end, of a process", stated Ambassador Cassar. One of the unique features of the concept of the common heritage was the in-built notion of institutional management. The preservation and elaboration of such a concept depended on the ability of institutions to function effectively in the common interest of humankind. An awareness of the environmental impact surrounding such technological advances was an intrinsic aspect of our endeavour.
In concluding, Dr. Cassar stated that, "the notion of thecommon heritage of humankind, continues to inspire successive Maltese governments, as the key to the realisation of a solidarity between States which spans the interests of present and future generations through such international instruments as the United Nations Convention on the Law of the Sea. A solidarity best ensured through that universal acceptance of the Convention to which we still aspire".
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