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Statement by Ambassador Wu Haitao At the 74th Session of the United Nations General Assembly on Oceans and the Law of the Sea

2019-12-10 12:13

Mr President,

The Chinese delegation actively participated in the consultations on the two draft resolutions, namely, “Oceans and the Law of the Sea” and “Sustainable Fisheries”. The draft texts are a comprehensive round-up of the international community’s major efforts in the spheres of oceans and fisheries over the past year. They provide important guidance on the furtherance of global ocean governance. I would like to take this opportunity to thank the two facilitators and the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) for their efforts in the negotiation, development and finalisation of the draft resolutions.

Mr President,

Chinese President Xi Jinping pointed out that oceans provide a breeding ground for life, connect the world and promote development. The blue planet humans inhabit is not divided into islands by the oceans, but is connected by the oceans to form a community with a shared future, where people of all countries share weal and woe. In this context, China would like to underscore the following:

--We must stay committed to multilateralism and actively promote global ocean governance. It is necessary to espouse the spirit of extensive consultation, joint contribution and benefit sharing; improve international legislation for oceans and seas and improve the ocean governance regime. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) should be interpreted and applied in good faith and accurately, and its integrity maintained. Matters not regulated by the Convention shall continue to be governed by the rules and principles of general international law.

-- We should broaden the avenues of development and actively implement the Sustainable Development Goals related to oceans and seas. It is necessary to balance between the protection and the sustainable use of oceans and seas to achieve orderly exploitation and use of marine resources. We should develop blue economy, promote maritime connectivity and practical cooperation in various fields, and jointly build the 21st Century Maritime Silk Road.

-- We should join hands to meet the new challenges and leave a legacy of unpolluted seas and skies for our future generations. Joint efforts should be made to protect marine ecological civilisation, further strengthen the prevention and control of marine environmental pollution, protect marine biodiversity and promote the conservation and rehabilitation of marine ecosystems. We should work hand in hand to address such challenges as illegal fishing and marine pollution and actively study and work out appropriate solutions to the emerging ocean-related issues, including the impact of climate change on oceans, sea level rise, marine litter and microplastics.

Mr President,

The Chinese Government has been responsibly and constructively participating in the negotiations towards an international instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ) and the development of Regulations for the Exploitation of Mineral Resources in the Area (Regulations). China believes that the BBNJ instrument should position itself appropriately in relation to the existing legal framework, strive for a balance between conservation and sustainable use, take into account the interests and concerns of all parties and move forward step by solid step. The Regulations should stay strictly in line with UNCLOS and its 1994 implementation agreement both in letter and in spirit; ensure a balance between the rights and obligations of both the International Seabed Authority (ISA) and the Contractors; and take an integrated approach to such issues as distribution of benefits derived from deep-sea mining activities.

China appreciates the efforts of the International Tribunal for the Law of the Sea (ITLOS), the ISA and the Commission on the Limits of the Continental Shelf (CLCS) to fulfil their respective mandates emanating from UNCLOS. In the same breath, we would like to register our position that strict adherence to the principle of state consent is central to the work of ITLOS, and so is full respect for the right of States Parties to settle disputes between them by any means of their own choice. The ISA should, in steady steps, continue moving forward the development of the Regulations and effectively implement the principle of “Common Heritage of Mankind”. The CLCS should continue to exercise prudence when handling those submissions on the outer limits of the extended continental shelf that involve “a land or maritime dispute” and perform its functions in strict accordance with UNCLOS and the Commission’s rules of procedure, in particular the rule that any submission that involves an unresolved dispute shall not be considered.

China is committed to strengthening international cooperation and promoting capacity building in the area of oceans and seas. In October 2019, the Chinese Ministry of Natural Resources and the ISA signed, in China, a Memorandum of Understanding on the Establishment of a Joint Training and Research Centre, representing a positive contribution to deep-sea scientific and technological capacity-building in developing countries and international cooperation in marine scientific research. In May 2020, the relevant Chinese agencies will be hosting the Seventh International Symposium on Scientific and Legal Aspects of the Regimes of the Continental Shelf and the Area. China will also continue contributing to the voluntary trust funds of the CLCS and the ISA, to support the participation of developing countries in their work.

Mr President,

China is committed to the sustainable development of fisheries and actively participates in international fisheries governance. Here I would like to share our positions and experience in this regard.

First, we are guided by a policy that prioritises aquaculture and stresses green development. China is vigorously developing healthy and sustainable aquaculture. By relying primarily on aquaculture as required by our policy, the yield from aquaculture in 2018 accounted for 77% of China's total aquatic products and nearly 70% of the world's total aquaculture output. At the same time, the Chinese Government has been vigorously promoting ecologically sound aquaculture models, such as integrated rice-fish farming, Engineering Pond Recirculating Aquaculture System (EPRAS), Integrated Multitrophic Aquaculture (IMTA) and Industrial Recirculating Aquaculture System (RAS), to promote the green development of aquaculture.

Second, we promote, in greater depth, the conservation and rehabilitation of living aquatic resources. The Chinese Government issued a Programme of Action on Conservation of Living Aquatic Resources. It has been implementing actions for the protection of aquatic life; consistently controlling the total number and power of fishing vessels; and maintaining the 20-year summer moratorium on fishing. We have been conducting large-scale stock enhancement and releasing activities, building marine ranches, developing protection zones for aquatic life and stepping up the construction of marine ecological civilisation.

Third, we firmly combat illegal fishing and regulate the development of pelagic fishing. We have a zero tolerance policy on irregular fishing activities and investigate and punish such activities according to law. We have been improving the blacklist system for the fishing industry. China will continue to take an active part in international fisheries governance and the work of regional fisheries management organisations. Right now, careful studies are underway in China regarding its accession to the FAO’s Agreement on Port State Measures.

Mr President,

Just now, the German delegate , in her statement , referred to the relevant issue of the South China Sea, to which China resolutely opposes, and would like to elaborate on the following positions:

China’s territorial sovereignty and the maritime rights and interests in the South China Sea is consistent with international law and international practices.

China has always respected and supported the enjoyment of the freedom of navigation and overflight by countries in the South China Sea, in accordance with international law. There has never been any problem with such a freedom.

the Arbitral Tribunal in the South China Sea arbitration exercised its jurisdiction ultra vires and make an award, which goes against the international law, and seriously and negatively impacting on the rule of law at the international level and the integrity and authority of UNCLOS. On this arbitration case, China’s position has been consistent and clear-cut: China neither accepts nor participates in that arbitration, and nether recognize nor accept the so-called award, neither accept any claim or action based on the award. What we did is for safeguarding our own rights and interests in accordance with international law, as well as for safeguarding integrity and authority of UNCLOS and the rule of law at the international level.

China’s position on the issue of the South China Sea has been consistent. China firmly believes that the issue of terrestrial and maritime boundary delimitation should be properly addressed and resolved by states directly concerned on the basis of respecting historical facts and international law, through negotiations and consultations.

Currently, thanks to the concerted efforts of China and ASEAN countries, the situation in the South China Sea is generally stable and consultations on the Code of Conduct in the South China Sea have been moving forward smoothly. China stand ready, together with ASEAN countries, to continue to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea, actively and orderly take forward the consultations on the Code of Conduct in the South China Sea, thus making our joint contributions to the maintenance of peace and stability in the South China Sea.

Mr. President

Building a maritime community with a shared future is both a conceptual vision and an actionable initiative. It requires an unflagging commitment and unremitting efforts from us. As an important player in international ocean governance, a promoter of sustainable development of oceans and seas and a builder of a fair maritime order, China shall continue to work with other countries for a deeper involvement in global ocean affairs and a joint response to the challenges related to oceans and seas, thus contributing to enhanced sustainable development of oceans and seas.

Thank you, Mr President.

(XINHUA NEWS AGENCY LI MUZI)

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