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Published by the International Institute for Sustainable Development (IISD) 
<http://iisd.ca> 

 

Vol. 25 No. 38
Monday, 25 June 2007

EIGHTH MEETING OF THE UNITED NATIONS OPEN-ENDED INFORMAL CONSULTATIVE PROCESS 
ON OCEANS AND THE LAW OF THE SEA: 

25-29 JUNE 2007

The eighth meeting of the United Nations Open-ended Informal Consultative 
Process on Oceans and the Law of the Sea (Consultative Process or ICP) 
<http://www.iisd.ca/oceans/icp8/>  opens today, 25 June 2007, at UN 
headquarters in New York, and will continue until 29 June 2007. During the 
week, delegates are expected to: exchange views on areas of concern and actions 
needed, including on issues discussed at previous meetings; discuss cooperation 
and coordination on oceans issues, particularly as they relate to marine 
genetic resources; and identify issues that could benefit from attention in 
future work of the General Assembly on oceans and the law of the sea. A 
discussion panel will be held to consider marine genetic resources. 
Recommendations from the meeting will be forwarded to the General Assembly at 
its 62nd session for consideration under its agenda item entitled “Oceans and 
the law of the sea.”

A BRIEF HISTORY OF THE LAW OF THE SEA AND THE CONSULTATIVE PROCESS 

On 1 November 1967, Malta’s Ambassador to the UN, Arvid Pardo, asked the 
nations of the world to recognize a looming conflict that could devastate the 
oceans. In a speech to the General Assembly, he called for “an effective 
international regime over the seabed and the ocean floor beyond a clearly 
defined national jurisdiction.” The speech set in motion a process that spanned 
15 years and saw the creation of the UN Seabed Committee, the signing of a 
treaty banning nuclear weapons on the seabed, the adoption of a declaration by 
the General Assembly that all resources of the seabed beyond the limits of 
national jurisdiction are the common heritage of mankind, and the convening of 
the Stockholm Conference on the Human Environment. These were some of the 
factors that led to the convening of the Third UN Conference on the Law of the 
Sea during which the UN Convention on the Law of the Sea (UNCLOS) 
<http://www.un.org/Depts/los/index.htm>  was adopted.

UNCLOS <http://www.un.org/Depts/los/index.htm> : Opened for signature on 10 
December 1982, in Montego Bay, Jamaica, at the third UN Conference on the Law 
of the Sea, UNCLOS <http://www.un.org/Depts/los/index.htm>  sets forth the 
rights and obligations of states regarding the use of the oceans, their 
resources, and the protection of the marine and coastal environment. UNCLOS 
<http://www.un.org/Depts/los/index.htm>  entered into force on 16 November 
1994, and is supplemented by the 1994 Deep Seabed Mining Agreement and the 1995 
Agreement for the Implementation of the Provisions of of UNCLOS 
<http://www.un.org/Depts/los/index.htm>  relating to the Conservation and 
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA).

UNCED: The United Nations Conference on Environment and Development (UNCED) was 
held in June 1992, in Rio de Janeiro, Brazil. Chapter 17 of Agenda 21, the 
programme of action adopted in Rio, addresses “the protection of the oceans, 
all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas 
and the protection, rational use and development of their living resources.” 
This remains the fundamental programme of action for achieving sustainable 
development of oceans and seas.

UNGA RESOLUTION 54/33: On 24 November 1999, the General Assembly adopted 
resolution 54/33 on the results of the review undertaken by the Commission on 
Sustainable Development at its seventh session on the theme of “Oceans and 
seas.” In this resolution, the General Assembly established an open-ended 
informal consultative process to facilitate the annual review of developments 
in oceans affairs. The General Assembly decided that the Consultative Process 
would consider the Secretary-General’s annual reports on oceans and the law of 
the sea, and suggest particular issues to be considered by the General 
Assembly, with an emphasis on identifying areas where intergovernmental and 
interagency coordination and cooperation should be enhanced. The resolution 
further established the framework within which meetings of the Consultative 
Process would be organized, and decided that the General Assembly would review 
the effectiveness and utility of the Consultative Process at its 57th session.

ICP-1 to 3: The first three meetings of the Consultative Process were 
co-chaired by Tuiloma Neroni Slade (Samoa) and Alan Simcock (UK). Each meeting 
identified issues to be suggested and elements to be proposed to the General 
Assembly, and highlighted issues that could benefit from attention in its 
future work. The first meeting of the Consultative Process (30 May-2 June 2000, 
New York) held discussion panels addressing fisheries, and the impacts of 
marine pollution and degradation. The second meeting of the Consultative 
Process (7-11 May 2001, New York) focused on marine science and technology, and 
coordination and cooperation in combating piracy and armed robbery at sea. The 
third meeting of the Consultative Process (8-15 April 2002, New York) held 
discussion panels on the protection and preservation of the marine environment, 
capacity building, regional cooperation and coordination, and integrated oceans 
management.

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: The World Summit on Sustainable 
Development (WSSD) (26 August - 4 September 2002, Johannesburg, South Africa) 
negotiated and adopted two main documents: the Johannesburg Plan of 
Implementation (JPOI) and the Johannesburg Declaration on Sustainable 
Development. Among the 11 chapters of the JPOI, which provide a framework for 
action to implement sustainable development commitments, Chapter IV on 
“Protecting and Managing the Natural Resource Base of Economic and Social 
Development” contains several paragraphs on the sustainable development of 
oceans that address, inter alia: water pollution prevention for the protection 
of ecosystems; improved cooperation and coordination on oceans and coastal 
issues within the UN system; and the application by 2010 of the ecosystem 
approach to marine areas.

UNGA RESOLUTION 57/141: On 12 December 2002, the 57th session of the General 
Assembly adopted resolution 57/141 on “Oceans and the law of the sea.” The 
General Assembly welcomed the previous work of the Consultative Process, 
extended it for an additional three years, and decided to review the 
Consultative Process’ effectiveness and utility at its 60th session. 

ICP-4 and 5: These two meetings were co-chaired by Philip Burgess (Australia) 
and Felipe Paolillo (Uruguay). The fourth meeting of the Consultative Process 
<http://www.iisd.ca/oceans/icp4/>  (2-6 June 2003, New York) adopted 
recommendations on safety of navigation, the protection of vulnerable marine 
ecosystems, and cooperation and coordination on oceans issues. The fifth 
meeting of the Consultative Process <http://www.iisd.ca/oceans/icp5/>  (7-11 
June 2004, New York) adopted recommendations on new sustainable uses of the 
oceans, including the conservation and management of the biological diversity 
of the seabed in areas beyond national jurisdiction. 

ICP-6 <http://www.iisd.ca/oceans/icp6/> : The sixth meeting of the Consultative 
Process <http://www.iisd.ca/oceans/icp6/>  (6-10 June 2005, New York), 
co-chaired by Philip Burgess (Australia) and Cristián Maquieira (Chile), 
adopted recommendations on fisheries and their contribution to sustainable 
development, and considered the issue of marine debris.

ICP-7 <http://www.iisd.ca/oceans/icp7/> : The seventh meeting of the 
Consultative Process <http://www.iisd.ca/oceans/icp7/>  (12-16 June 2006, New 
York), co-chaired by Lori Ridgeway (Canada) and Cristián Maquieira (Chile), 
enhanced understanding of ecosystem-based management, and adopted 
recommendations on ecosystem approaches and oceans.

INTERSESSIONAL HIGHLIGHTS 

SECOND INTERGOVERNMENTAL REVIEW OF THE GLOBAL PROGRAMME OF ACTION FOR THE 
PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED ACTIVITIES: The Second 
Intergovernmental Review (IGR-2) Meeting of the Global Programme of Action for 
the Protection of the Marine Environment from Land-based Activities (GPA) took 
place in Beijing, China, from 16-20 October 2006. Delegates addressed several 
key issues, including: the way forward with National Plans of Action; a review 
of accomplishments in GPA implementation from 2001 to 2006; and Guidance for 
the Implementation of the GPA 2007-2011. The outcomes of the meeting include: a 
Chair's summary of the high-level discussions; a report of the meeting; and the 
Beijing Declaration on Furthering the Implementation of the GPA.

UNGA RESOLUTION 61/222: On 20 December 2006, the 61st session of the General 
Assembly adopted resolution 61/222 on “Oceans and the law of the sea,” calling 
on states to take actions on, inter alia: protection and preservation of the 
marine environment; addressing destructive practices that impact marine 
biodiversity and ecosystems; and increasing marine scientific research in 
accordance with UNCLOS <http://www.un.org/Depts/los/index.htm> . The General 
Assembly also requested the Secretary-General to convene the eighth meeting of 
the Consultative Process from 25-29 June 2007. The General Assembly recommended 
that ICP-8 organize its discussions around the theme of “Marine genetic 
resources,” and the ninth meeting in 2008 focus its discussions on “Maritime 
security and safety.”  

TWENTY-SEVENTH SESSION OF THE FAO COMMITTEE ON FISHERIES: The twenty-seventh 
session of the Committee on Fisheries (COFI) was held in Rome from 5-9 March 
2007. The Committee reviewed issues of an international character and the 
programme of work of FAO in fisheries and aquaculture. In addition to the 
further work to facilitate and ensure the implementation of the Code of Conduct 
for Responsible Fisheries and its International Plans of Action, COFI welcomed 
the pending submission of a general multi-year programme of work on genetic 
resource management in fisheries and aquaculture. 

The Committee, inter alia, encouraged member states to join or cooperate with 
the voluntary International Monitoring, Control and Surveillance Network and to 
develop a new legally-binding instrument on port state measures to combat 
illegal, unreported and unregulated (IUU) fishing.

FIRST MEETING OF THE GROUP OF EXPERTS FOR THE ASSESSMENT OF ASSESSMENTS OF THE 
REGULAR PROCESS FOR GLOBAL REPORTING AND ASSESSMENT OF THE STATE OF THE MARINE 
ENVIRONMENT, INCLUDING SOCIOECONOMIC ASPECTS: The first meeting of the Group of 
Experts was held at UNESCO headquarters in Paris, France from 28-30 March 2007. 
The Group of Experts discussed and developed the overall working approach for 
the “Assessment of Assessments.” They also considered and developed an 
annotated outline, a work plan and timetable, and considered the utility of the 
survey and database for the “Assessment of Assessments.” 

ICP INFORMAL PREPARATORY MEETING: An informal preparatory meeting for ICP-8 was 
held at UN headquarters in New York on 30 March 2007. Following this meeting 
and consultations with country delegations, a draft format and provisional 
agenda for the meeting was prepared (A/AC.259/L.8 
<http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/AC.259/L.8&Lang=E> ). 

SIXTH INFORMAL CONSULTATIONS OF STATES PARTIES TO THE UNFSA: The sixth round of 
Informal Consultations of States Parties to UNFSA 
<http://www.iisd.ca/oceans/icp8/>  convened from 23-24 April 2007, at UN 
headquarters in New York. Participants considered implementation of the 
Agreement, progress in the implementation of the outcomes of the Review 
Conference of the Agreement, and preparatory steps for the resumption of the 
Review Conference. A side event on recommended criteria for reviewing the 
performance of Regional Fisheries Management Organizations (RFMOs) made 
progress towards drafting a list of suggested criteria for RFMO review.

CITES COP14: CoP14 of the Convention on International Trade in Endangered 
Species in Wild Fauna and Flora <http://www.iisd.ca/cites/cop14/>  convened 
from 3-15 June 2007, in The Hague, the Netherlands. Delegates, inter alia: 
agreed to a new Strategic Vision for CITES, and listed sawfishes and eels on 
the CITES appendices. Proposed listings of pink and red corals and two shark 
species were narrowly rejected.   

ELEVENTH REGULAR SESSION OF THE COMMISSION ON GENETIC RESOURCES FOR FOOD AND 
AGRICULTURE: The eleventh Regular Session of the Commission on Genetic 
Resources for Food and Agriculture (CGRFA-11) 
<http://www.iisd.ca/biodiv/cgrfa11/>  met from 11-15 July, 2007 and discussed 
among other things biodiversity-related matters, including aquatic genetic 
resources. In the meeting’s report, the Commission requested that coverage of 
aquatic genetic resources under the Multi-Year Programme of Work be undertaken 
with, inter alia, the FAO Committee on Fisheries, the CBD, and the UN informal 
consultative process on oceans and the law of the sea. The Commission agreed 
that improving the collection and sharing of information on aquatic genetic 
resources is a high priority.

This issue of the Earth Negotiations Bulletin © <[EMAIL PROTECTED]> is written 
and edited by Robynne Boyd, Andrew Brooke, Leila Mead and James Van Alstine. 
The Digital Editor is Dan Birchall. The Editor is Pamela S. Chasek, Ph.D. 
<[EMAIL PROTECTED]> and the Director of IISD Reporting Services is Langston 
James "Kimo" Goree VI <[EMAIL PROTECTED]>. The Sustaining Donors of the 
Bulletin are the United Kingdom (through the Department for International 
Development – DFID), the Government of the United States of America (through 
the Department of State Bureau of Oceans and International Environmental and 
Scientific Affairs), the Government of Canada (through CIDA), the Danish 
Ministry of Foreign Affairs, the Government of Germany (through the German 
Federal Ministry of Environment - BMU, and the German Federal Ministry of 
Development Cooperation - BMZ), the Netherlands Ministry of Foreign Affairs, 
the European Commission (DG-ENV) and the Italian Ministry for the Environment, 
Land and Sea. General Support for the Bulletin during 2007 is provided by the 
Swiss Federal Office for the Environment (FOEN), the Norwegian Ministry of 
Foreign Affairs and the Ministry of Environment, the Government of Australia, 
the Austrian Federal Ministry for the Environment, the Ministry of Environment 
of Sweden, the New Zealand Ministry of Foreign Affairs and Trade, SWAN 
International, the Japanese Ministry of Environment (through the Institute for 
Global Environmental Strategies - IGES) and the Japanese Ministry of Economy, 
Trade and Industry (through the Global Industrial and Social Progress Research 
Institute - GISPRI). Funding for translation of the Earth Negotiations Bulletin 
into French has been provided by the International Organization of the 
Francophonie (IOF) and the French Ministry of Foreign Affairs. Funding for the 
translation of the Earth Negotiations Bulletin into Spanish has been provided 
by the Ministry of Environment of Spain. The opinions expressed in the Earth 
Negotiations Bulletin are those of the authors and do not necessarily reflect 
the views of IISD or other donors. Excerpts from the Earth Negotiations 
Bulletin may be used in non-commercial publications with appropriate academic 
citation. For information on the Bulletin, including requests to provide 
reporting services, contact the Director of IISD Reporting Services at <[EMAIL 
PROTECTED]>, +1-646-536-7556 or 212 East 47th St. #21F, New York, NY 10017, 
USA. The ENB Team at ICP-8 can be contacted by e-mail at <[EMAIL PROTECTED]>.

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