STATEMENT BY AMBASSADOR ALBERT CHUA, PERMANENT REPRESENTATIVE OF SINGAPORE TO THE UNITED NATIONS, ON AGENDA ITEM 76: OCEANS AND THE LAW OF THE SEA 6 DECEMBER 2011

STATEMENT BY AMBASSADOR ALBERT CHUA, PERMANENT REPRESENTATIVE OF SINGAPORE TO THE UNITED NATIONS, ON AGENDA ITEM 76: OCEANS AND THE LAW OF THE SEA 6 DECEMBER 2011 

1. My delegation is pleased to address the General Assembly on agenda item 76, "Oceans and law of the sea". We thank the Secretary-General for the comprehensive reports in A/66/70 and its two addenda. We also thank the co-ordinators of the two draft resolutions before us today, Ambassador Henrique Valle of Brazil and Ms. Holly Koehler of the United States. We record our appreciation to the Director and staff of the Division for Ocean Affairs and the Law of the Sea, for their assistance in supporting delegations' work on these drafts.

Mr President

2. Singapore's long-standing commitment to the law of the sea is well-known. We are a small island State with significant maritime interests. We are also one of the three littoral States of the Straits of Malacca and Singapore. The Straits are Singapore's economic lifeline. But the Straits are also a major international shipping route of long-standing importance. Roughly 90 per cent of global trade is carried by sea. About half of that passes through the Straits of Malacca and Singapore. It is therefore in the interest of all States that we continue to preserve the freedom of navigation and passage rights through these and other waters, as guaranteed by UNCLOS (United Nations Convention on the Law of the Sea).

3. There is no better safeguard of the world's maritime and marine interests than the Convention. It is a testament to the Convention's fine balance of these often competing interests that it remains the "constitution of the oceans" nearly thirty years after its adoption. My delegation welcomes the two new ratifications of the Convention during the period under review, bringing the total number of Parties to 162. For the most part, the Convention already reflects customary international law. However, we encourage the minority of Member States that are not yet party to give serious consideration to accession, so that the Convention will achieve universal membership.

Mr President

4. New challenges relating to the oceans and seas will emerge along with the evolution of technology and changes to the environment and the global economy. Some of these challenges may prompt fresh debate over the sufficiency or the proper application of the Convention. The international community has to respond to these challenges in a way that maintains the balance of uses and the peaceful order in the oceans and seas we have hitherto enjoyed. We must therefore remind ourselves that it is critical to maintain the indivisibility of the Convention, which is the sole and overarching legal framework for the oceans and seas.

5. When the Convention was drafted, its negotiators recognised that there were a number of very contentious issues that could be resolved only through trade-offs and by accepting the Convention as a package. This is particularly true of the new legal regimes created by the Convention, including those relating to the exclusive economic zone, archipelagic States, archipelagic sea lanes passage and transit passage. No reservations can be made to the Convention, and no selectivity should be exercised in its application. While the Convention allows for declarations, the Convention itself provides that declarations are not a back-door method to express reservations concerning certain provisions, or to interpret the provisions in a manner that is inconsistent with their letter and spirit.

6. Some of the new challenges we face are explicitly dealt with in the Convention text. Others are not. But it is my delegation's firm view that the Convention contains both the core set of principles that should be applied and the necessary scope for us to successfully address all emerging issues relating to the oceans and seas. In this context, my delegation would like to focus on two key issues today.

7. The first issue relates to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. My delegation has followed the discussions in the Ad Hoc Open-Ended Working Group with interest. We welcome the endorsement of the Working Group's recommendations in the draft omnibus resolution, particularly the recommendation in paragraph 1(a) of A/66/119, which specifically recognises that any multilateral agreement dealing with marine biodiversity in areas beyond national jurisdiction must be developed under the Convention. In pursuing the endeavour of conserving and sustainably using marine biodiversity in areas beyond national jurisdiction, we must also be careful not to undermine freedom of navigation and other equally important interests. It bears repeating that the careful compromises embodied in the Convention have served us well. Even as we move forward with the process that we will initiate within the Working Group by adopting the draft resolution now before us, it is imperative that we do so without undermining the integrity of the Convention.

8. The second issue relates to the protection of critical communications infrastructure located on the seabed and ocean floor. It is still a little-known fact that more than 95 per cent of international communications are routed through fibre optic submarine cables. In other words, almost all of us use these cables to perform everyday tasks that we have come to take for granted: sending e-mail, making international telephone calls, internet banking and making purchases online. A single break in a submarine cable could result in huge economic costs for all the countries it connects. As submarine cables are slim and fragile, and simply laid on top of the seabed, such breaks could happen for any number of reasons, such as an unknowing ship dropping anchor in the wrong place.

9. My delegation is therefore heartened to note that the report of the Secretary-General on oceans and law of the seas again highlights the important issue of submarine cables (A/66/70, paragraph 84). For the second year running, Singapore introduced language on submarine cables into the draft omnibus resolution on oceans and the law of the sea. Singapore's proposals received strong expressions of support from many delegations during the negotiations of this draft resolution. We thank delegations for working constructively with us to raise awareness of the need to protect these cables and for them to be rapidly repaired when damaged. This is an issue that concerns all States, regardless of their geographical situation, which rely on international communications to keep their economies going.

10. Thank you.

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