UN GENERAL ASSEMBLY PLENARY MEETING: OCEANS AND THE LAW OF THE SEA
5 December 2023
Statement by H.E. Mr James Larsen, Ambassador and Permanent Representative of Australia to the United Nations
Thank you, Mr President.
Australia aligns itself with the statement delivered by the Kingdom of Tonga on behalf of the members of the Pacific Islands Forum.
And we make these additional remarks in our national capacity.
Australia is deeply committed to sustainable ocean management.
And as we come to the conclusion of 2023, we have a number of reasons to acknowledge there has been some progress.
Notably, we are proud to have played a role in the conclusion and adoption, by consensus, of the Agreement on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
The BBNJ Agreement is an historic achievement for the multilateral system and a critical victory for those of us championing the ocean.
Australia is a founding signatory of the BBNJ Agreement and we are working to ratify the treaty and bring it into force as soon as possible.
Three elements of the BBNJ Agreement stand out:
First, it delivers stronger protection for the ocean including the provisions for establishing marine protected areas in the high seas.
In this way, it will play an important part in achieving the global target to protect 30 per cent of the world’s coastal and marine areas by 2030.
Second, the BBNJ Agreement will support the sustainable development of all States Parties, through an ambitious and effective system of sharing the benefits derived from the sustainable use of marine genetic resources of the high seas.
And third, it will protect the interests of Indigenous Peoples and local communities while recognising the immense contribution they can make to addressing shared regional and global development challenges, including climate change and oceans health.
Australia also welcomes the ambitious Kunming-Montreal Global Biodiversity Framework – the global community’s agreement to halt and reverse biodiversity loss by 2030.
We especially support the Framework’s flagship ’30 by 30’ target to protect at least 30 per cent of the world’s oceans by 2030.
Australia has long been at the forefront of ocean protection with marine protected areas covering some 48 per cent of Australia’s waters. We stand ready to work with others to help them achieve the Framework’s global target.
Mr President,
Notwithstanding the above successes, there is more to do.
We acknowledge that sustainable ocean management is critical to addressing the interconnected global challenges of climate change and biodiversity loss and that much more is required to achieve this.
This means Australia is investing in blue carbon projects – to support biodiversity outcomes and to create carbon sinks. For example, we are working with some Pacific partners to protect and restore blue carbon ecosystems and measure, report and verify carbon in mangroves and seagrasses.
Mr President,
The prospect of deep seabed mining beginning in the near future also raises significant issues. As a member of the Council of the International Seabed Authority, Australia is working to conclude a robust regulatory framework for any deep seabed mining industry.
In particular, we want a regulatory framework that provides the strongest possible protection for the marine environment, ensures a level-playing field for the land-based mining industry, and contains robust inspection, compliance and enforcement mechanisms.
We are keenly aware that climate change is an immense challenge for our region and we know that our marine areas are already deeply impacted.
For this reason, Australia participated in the proceedings before the International Tribunal for the Law of the Sea seeking an Advisory Opinion on climate change.
And we are especially pleased to see today’s General Assembly resolution take a step forward in considering the relationship between sea-level rise and international law.
Mr President,
As we reflect on this annual resolution, it is timely to recall the ongoing centrality of the United Nations Convention on the Law of the Sea.
Australia reaffirms the universal and unified character of the Convention.
We reaffirm that the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out.
And we welcome the fact that today’s General Assembly resolution continues to uphold the centrality and integrity of the Convention as the constitution for the ocean.
We reiterate that the rules and principles of general international law do not displace the Convention and cannot be relied upon in such a way.
We reaffirm that the Convention provides the foundation for a peaceful and predictable maritime order where all countries can cooperate, trade and thrive.
We seek a peaceful Indo-Pacific region where international law is respected and upheld, and waterways are safe and open for trade.
And it would be remiss of us on this occasion to fail to record our deep concerns about ongoing unsafe and unprofessional conduct in the maritime domain.
Such conduct endangers safety and security, and creates risks of miscalculation.
We maintain that any maritime dispute, including those in the South China Sea, should be resolved peacefully and in accordance with international law, particularly the Convention.
Mr President,
In conclusion, the Convention is one of the landmark achievements of 20th century multilateralism and we call upon all States to support its full and effective implementation.
Australia is proud once again to co-sponsor this resolution.
Thank you.