EU Statement - Thirty-fifth Meeting of States Parties to the 1982 United Nations Convention on the Law of the Sea: Agenda item 9 – Information reported by the Secretary-General of the International Seabed Authority
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Madam/Mister President,
The European Union and its Member States recognize the authoritative role of the International Seabed Authority established by the United Nations Convention on the Law of the Sea and its exclusive mandate under the Convention not only to organize, regulate and control all mineral related activities in the Area on behalf and for the benefit of all humankind, but also to ensure effective protection of the marine environment that may arise from deep-seabed-related activities.
We would like to reiterate our commitment to continue contributing to its important work.
Madam/Mister President,
We take this opportunity to highlight the important work done by EU Member States to establish a sound regulatory regime on potential future deep-sea mining that is based on the precautionary principle as well as on the highest environmental standards and sufficient scientific knowledge, in order to ensure that such activity would not cause harmful effects to the marine environment in the Area, as defined by UNCLOS.
These steps are essential to achieving a reliable and comprehensive legal regime for deep-sea mining activities in the Area, prevention of damage to the marine environment being a key obligation under the Convention.
We recall, in this context, that the Convention sets out the legal framework within which all activities in oceans and seas must be carried out. It is rightly considered as the Constitution of the oceans, and its provisions generally reflect customary international law and are thus binding on all States.
This is particularly true of the UNCLOS principles governing the legal status of the Area and its resources as the common heritage of humankind, which insofar reflect customary international law.
The legal status of the Area and its resources as the common heritage of humankind predates the Convention. It has been universally recognized ever since the adoption in 1970 of the UN General Assembly’s Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil thereof, beyond the Limits of National Jurisdiction (UNGA Res. 2749/XXV).