Mr. President,
Let me first join other delegations in thanking the coordinators of the informal consultations, Singapore and Norway, for their outstanding work, and the Division for Ocean Affairs and the Law of the Sea for their constant support.
Germany fully aligns with the statement presented on behalf of the European Union and its Member States. This year, we celebrated the 30th anniversary of the entry into force of UNCLOS, the “constitution of the ocean”, and we look forward to the 3rd UN Ocean Conference in Nice, France, next year.
Germany welcomes that this year’s Omnibus Resolution on “Oceans and the Law of the Sea” reaffirms the universal and unified character of UNCLOS as the legal framework, within which all activities in the ocean and seas must be carried out.
As has been mentioned during the consultations by various delegations: international law in general is wider than UNCLOS, but when it comes to the law of the sea, it is enshrined in UNCLOS. Hence, we use this opportunity to also underscore the need to maintain the integrity of the Convention.
Germany as the host State of the International Tribunal for the Law of the Sea welcomes that the Omnibus Resolution highlights the Tribunal’s continued contribution to peaceful dispute settlement under Part XV of UNCLOS, and its capacity-building efforts, such as the Summer Academy of the International Foundation for the Law of the Sea at the Tribunal (IFLOS), which the German Government continuously supports. We are pleased to see the mention of the Tribunal’s advisory opinion on Climate Change and International Law, which will guide us in addressing the climate crisis. The ocean is key to combating climate change, and its protection is our common concern.
Sea Level Rise resulting from climate change is an existential matter especially for many Small Island Developing States, who economically rely on their maritime zones. Germany believes that UNCLOS also offers the stability of maritime zones that these countries need, as Germany has highlighted in its contributions to the ILC. In particular, UNCLOS does not contain an obligation of Coastal States to regularly review and update their baselines, charts or outer limits of maritime zones. Of course, States retain the right to do so if they so wish. We are pleased to note that there seems to be an increasing convergence of States who share this view.
Mr. President,
The adoption of the BBNJ Agreement in June 2023 marked a historic milestone for ocean protection. We are confident that the international community will remain committed to achieving the globally agreed biodiversity goals and to swiftly ratifying and implementing the BBNJ Agreement.
While the resolution now includes some developments, such as the adoption of important capacity-building measures, it could have more fully acknowledged the progress made. Germany is committed to the early entry into force and effective implementation of the BBNJ Agreement.
Mr. President,
Germany calls on all States to make maritime claims exclusively in accordance with the relevant provisions of UNCLOS. The same is required for all conduct of maritime activities.
We urge all States to resolve their maritime disputes peacefully, and free from coercion, in accordance with the relevant provisions of the Convention and its dispute settlement mechanisms.
Binding decisions by international courts and tribunals must be respected.
This also applies to the 2016 Arbitral Award under UNCLOS. We stress the lawful rights of all States to access their natural resources in their Exclusive Economic Zones. There is no other legal basis than UNCLOS for claiming any maritime zones, anywhere in the world.
We call on all States to respect freedoms of navigation, overflight, and the laying of submarine cables and pipelines in the High Seas and the Exclusive Economic Zone, and not to interfere with all other lawful uses of the oceans and seas. This includes the right of innocent passage through the territorial sea.
We reaffirm our support for Ukraine’s sovereignty and territorial integrity within its internationally recognized borders. This extends to Ukraine’s territorial waters, including those around Crimea.
Mr. President,
Lastly, we welcome the election of the first woman as Secretary-General of the International Sea Bed Authority and wish Ms. Carvalho the best in her term. Regarding deep seabed mining, Germany continues to call for a precautionary pause until sufficient scientific knowledge is available to ensure effective protection of the marine environment.
We have only one ocean and we should be very careful with it.
I thank you.