STATEMENT BY MR NATHANIEL KHNG, COUNSELLOR (LEGAL), PERMANENT MISSION OF SINGAPORE TO THE UNITED NATIONS, AT THE COMMEMORATION OF THE FORTIETH ANNIVERSARY OF THE ADOPTION AND OPENING FOR SIGNATURE OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, GENERAL ASSEMBLY, 8 DECEMBER 2022

Mr President,

1 Singapore is a small island nation whose history, people and economy are intricately intertwined with the ocean. Situated along two major shipping arteries in the Straits of Malacca and Singapore and the South China Sea, Singapore is a major global maritime hub and the world’s busiest transhipment port.  It goes without saying that our survival and prosperity depend on the full and effective implementation of UNCLOS.  All maritime claims must be in accordance with the relevant rules of UNCLOS, which are comprehensive, and all freedoms, rights and obligations set out in UNCLOS must be respected and adhered to.

2 UNCLOS is the constitution for the oceans.  It sets out the legal framework within which all activities in the oceans and seas must be carried out.  It introduced order and predictability to the governance of the ocean.  To this day, it remains one of the United Nations’ greatest achievements in addressing complex issues of the global commons through the codification and progressive development of international law.  Singapore is proud of our contributions to the formation of UNCLOS, most notably when Ambassador Tommy Koh served as President of the Third UN Conference on the Law of the Sea from 1981 until its conclusion.

3 On this occasion, in which the General Assembly is commemorating key moments for multilateralism and the rule of law in ocean governance, the following aspects of UNCLOS, which are of critical importance for small island nations like Singapore, should be highlighted. 

4 First, UNCLOS has significantly contributed to international peace, security and sustainable development, through its comprehensive and universally-accepted rules regarding maritime zones and their associated freedoms, rights and obligations, and its comprehensive dispute settlement regime.  In particular, these rules have been critical to the maintenance of open trade routes and sea lines of communications.  Every State, whether in the Global North or South, has benefitted in this regard, and especially in the current geopolitical climate which has strained global supply chains.

5 Second, UNCLOS imposes a clear obligation on all States to protect and preserve the marine environment.  As the international community responds to the urgent and unprecedented decline in ocean and climate health, we must look to the provisions of UNCLOS when coordinating our efforts against issues that have complex, wide-ranging consequences, such as the degradation of coastal and marine ecosystems, sea-level rise, plastic pollution, loss of biodiversity, illegal, unreported and unregulated fishing, and ocean acidification.

6 Third, the rules of UNCLOS, while firm, are sufficiently flexible to accommodate and address new developments and challenges relating to ocean governance.  In this regard, we are honoured that a Singaporean, Ambassador Rena Lee, serves as the President of the BBNJ Intergovernmental Conference, which is negotiating an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Singapore commends the significant progress so far on the BBNJ treaty, and we call on delegations to work towards the conclusion of an ambitious and future-proof BBNJ treaty when negotiations resume in 2023.

Mr President,

7 This commemoration of the 40^th anniversary of the adoption and opening for signature of UNCLOS builds on an eventful oceans “super year”.  At a time where multilateralism and our global commons are under severe duress, the durability and success of UNCLOS is a reminder of the fundamental importance of the international rule of law. Singapore will continue to be unwavering in our support of UNCLOS and its status as the constitution for the oceans.  We look forward to celebrating its Golden Jubilee, and milestones beyond.

8 Before I conclude, I wish to express Singapore’s appreciation for the Division for Ocean Affairs and the Law of the Sea of the UN Office of Legal Affairs for its work as secretariat of UNCLOS and its unstinting efforts in support of the full and effective implementation of UNCLOS.

9 Thank you for your attention.

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