asked the Minister for Foreign Affairs if he will make a statement on the outcome of the Law of the Sea Conference.
Written Answers. - Law of the Sea Conference.
481.
There have been three United Nations Conferences on the Law of the Sea and Ireland has participated in all of them. Because of the importance which we attach to the seas and their resources the Irish delegation was particularly active in the negotiations at the most recent conference which was the third conference. It took over nine years to complete its work and finally adopted a convention on 30 April last.
The convention confirms many rules of customary international law, establishes new laws and gives precision to jurisdictional claims over the seas. It enhances the prospects of international order in the seas by giving certainty to the rules and reduces the areas of potential conflict resulting from unilateral interpretation of the existing law.
The coastal state has total sovereignty over its territorial sea subject to innocent passage for the ships of all states in accordance with existing customary international law but the breadth thereto may under the convention be extended to 12 nautical miles. Innocent passage means continuous and expeditious transit for the purpose of transversing the territorial sea or entering internal waters and which is not prejudicial to the peace, good order or security of the coastal state. Submarines are required to navigate on the surface. The coastal state may not hamper the innocent passage of foreign ships. The coastal state has the exclusive right to regulate marine scientific research. We may, as a result, if we consider it desirable extend our territorial sea to 12 nautical miles.
The coastal state may claim a contiguous zone of 24 nautical miles in which it may exercise control to prevent infringement of its customs, fiscal immigration and sanitary laws. We have never claimed a contiguous zone but may now if we wish create jurisdiction in this area.
The coastal state may claim an exclusive economic zone of 200 nautical miles in which it has sovereign rights for the purpose of exploring, exploiting, conserving and managing the natural resources whether living or non-living. This right of the coastal state is subject to the high seas freedoms of navigation, overflight and the right to lay submarine cables and pipelines. The coastal state may determine the total allowable catch and ensure maintenance of fish stocks by avoiding over-exploitation. It may determine its own capacity to harvest but must give access to the surplus to landlocked and geographically disadvantaged states in the region and particularly the developing countries among them. The coastal state has the right to regulate marine scientific research but shall in normal circumstances grant consent for projects by other states. It has exclusive jurisdiction in relation to the establishment of artificial islands and installations and enforcement powers in relation to pollution caused by dumping or from vessels. Ireland, which has established a 200 nautical mile exclusive fishing zone, will be entitled to establish an exclusive economic zone.
The advantages of such extension continue, as for the existing fishery zone, to be subject to the right of access of fishermen from other EEC countries and to the Community fishery policy.
The State in whose rivers salmon originate has primary responsibility for such stocks and may establish the total allowable catch. Salmon may only be caught inside the exclusive economic zone or, in consultation with the states concerned, outside that area. The provisions will help to protect Ireland's investment in this resource.
The article on coastal state continental shelf jurisdiction is satisfactory in that it would give Ireland jurisdiction over by far the greatest part of the geological continental margin (comprising not only the shelf but also the slope and the rise).
Acceptance of this by the conference was made possible by (a) meeting fears of uncertainty as to limits and of exaggerated claims, by acceptance of methods for identification of limits which would sacrifice some of the outer part of the rise; and (b) meeting the preoccupations of those who regarded national jurisdiction beyond 200 miles as encroachment of the international area, by provision for contribution by the coastal state to the international authority of a small percentage of the revenue from resources recovered from the part of the shelf beyond 200 miles.
The articles on delimitation of the continental shelf and exclusive economic zone between neighbouring states leave the solution of delimitation to the applicable international law and do not set out a substantive rule.
High seas freedoms are maintained which include the right of all states to freedom of navigation, overflight, the laying of cables and pipelines and for marine scientific research. These provisions, of even greater importance for island states, ensure freedom of intercourse between nations.
All states have an obligation to preserve the marine environment and to reduce and control pollution. They must minimise the release of harmful substances from landbased sources or by dumping and pollution from vessels or installations used in exploitation. The coastal state has control over dumping in its territorial sea, exclusive economic zone and continental shelf and may adopt laws for prevention of pollution from vessels. These provisions will enable Ireland to protect the marine environment around its coasts.
There is an obligation on all states to settle any disputes between them concerning application or interpretation of the convention by peaceful means. There is a choice of procedure which includes the new International Tribunal for the Law of the Sea, the International Court of Justice or special arbitration procedures. These provisions ensure that, in accordance with Ireland's objectives, the rule of law should prevail.
The newest element in the convention is the establishment of a new international body (the International Seabed Authority) to administer the exploitation of the deep seabed—i.e. the area beyond the exclusive economic zone and continental shelf. A preparatory commission of which signatory states will be members is to be set up to begin preparations for the establishment of this organisation. The organisation will be funded, inter alia, by contributions made by states parties assessed in accordance with the scale used for the regular budget of the UN. Ireland has as yet no sea-bed mining technology and it is not anticipated that we would be involved in sea-bed mining in the foreseeable future but availability of supplies of minerals from the sea-bed— nickel, copper, cobalt, manganese — should increase.
Ireland intends to be in a position to sign the convention when it is opened for signature in December this year and is encouraging other countries to give favourable consideration to signature at an early date.
The Irish delegation worked particularly hard with other interested delegations at the last session to try to bridge the gap which remained between the industrialised and developing countries.
It was a disappointment that the convention, which is a major step towards a comprehensive and universally acceptable regime for the oceans, could not be adopted by consensus but we were encouraged by the fact that 130 states voted in favour of its adoption while only four opposed it. Ireland, of course, voted for its adoption.
Ireland's decision to vote in favour of the convention was influenced by the fact that the convention confirms many rules of customary international law, establishes new laws and gives precision to jurisdictional claims over the seas. It enhances the prospects of international order in the seas by giving certainty to the rules and thus reduces the areas of potential conflict resulting from unilateral interpretations of the existing law.
The convention covers many areas of direct national interest since we are a coastal state. The provision relating to the territorial sea, innocent passage, exclusive economic zone and continental shelf are of particular importance. High seas freedoms are maintained in the provisions of the convention thus ensuring freedom of intercourse between nations. Of concern to us is the protection of the marine environment and again the convention is a considerable step forward in this regard.
482.
asked the Minister for Foreign Affairs if it is proposed to extend the territorial sea of the State to 12 miles as a result of the Law of the Sea Conference.
The Attorney General has advised that we would not be precluded from extending the territorial sea to 12 miles by the terms of the Constitution. There has been consideration of the question but the United Nations Convention on the Law of the Sea is not yet open for signature and it would not be appropriate to take any action which relies on its provisions at least before that date.
483.
asked the Minister for Foreign Affairs if he will publish a report from the Irish delegation at the Law of the Sea Conference detailing the proposals and speeches made by them and the position taken by them on proposals.
I refer to my statement regarding the outcome of the Law of the Sea Conference in reply to written Question No. 481 of July 13, 1982, by Deputy Ruairi Quinn which sets out the position very fully. It is not the practice to publish reports of the Delegation to the Conference.
The negotiations over the 11 sessions of the conference were usually conducted in informal meetings for which there are no records. Copies of all interventions and statements by the Irish Delegation over this lengthy Conference are therefore not available. I will arrange to forward to the Deputy copies of those statements made between July 1974 and April 1982 which are available.
I will also forward copies of formal proposals tabled at the conference in which Ireland joined, as well as some informal proposals submitted informally in the course of the negotiations.
485.
asked the Minister for Foreign Affairs if he will make a map available indicating the Government's view on the seaward limit of Ireland's continental shelf jurisdiction and the appropriate line of division indicating the areas under the jurisdiction of the British and French Governments.
The Law of the Sea Convention defines the continental shelf of a coastal state and the methods for establishing its outer limits. Information on the limits must be submitted to the Commission on the Limits of the Continental Shelf to be set up under the convention and this commission will make recommendations on the basis of which the coastal state will establish the outer limit of its continental shelf jurisdiction. I do not, therefore, propose to make available any map in relation to this matter at this stage.
With regard to lines of division between areas under British or French jurisdiction I refer the Deputy to my reply to Question No. 477.