UN conference on Convention on an international legally binding instrument under the Law of the Sea 1982
9 March, 2023. The 4 March 2023 marked the conclusion of historic negotiations of the Intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea 1982 on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
The negotiations which took over two decades of negotiations finally concluded with a Draft agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
At present the text is undergoing legal scrubbing before its formal adoption later this year by the United Nations General Assembly.
The Draft Agreement was reached on Saturday evening, after 38 hours of nonstop negotiations at the UN headquarters in New York to which the Tonga Delegation was actively engaged in.
The difficult issues which arose from the discussions were centered around components of the Agreement which focused on access to marine genetic resources, area-based management tools in areas beyond national jurisdiction and final provisions.
Tonga, through its Delegations over the years, led by Tonga’s Permanent Representatives to the United Nations, have actively engaged throughout the sessions with varying representation from the key line Ministries including representatives from the Prime Minister’s Office, Ministry responsible for Environment, Ministry of Fisheries and the Attorney General’s Office.
Tonga’s final Delegation which drove the Negotiations to its conclusion was led by H.E Ambassador Va’inga Tōnē, and a delegation comprised of Ms. Rose Lesley Kautoke, Senior Crown Counsel, Attorney General’s Office, Ms. Jeanett Vea, First Secretary, Ms.Darlene Vaea, Second Secretary, Mr.Sione Tokai, Advisor, Mr.Soane Tōnē, Advisor and Mr.Va’inga Jr Tōnē, Advisor.
The Tonga Delegation focused on advancing and protecting Tonga’s key interests through the Pacific Small Island Developing States (PSIDS) Group, the Alliance of Small Island Developing States and the Group of 77 and China.
In June 2022, Ms. Kautoke, Senior Crown Counsel and Head of the International Law Division of the Attorney General’s Office was appointed by the PSIDS Group to be one of the Group’s lead negotiators on priorities of the Pacific relating to the special circumstances of small island developing states and marine genetic resources.
The comradery of the PSIDS Group, the Lead Negotiators and its regional experts ensured the Pacific’s fine handprint and its interests and needs, were reflected throughout the Draft Agreement.
The Draft Agreement is the third and most recent implementing Agreement under the Convention on the Law of the Sea 1982.
It focuses on marine genetic resources, area-based management tools, environment impact assessments and capacity building and transfer of marine technology. Once in force, it will apply to areas beyond national jurisdictions which cover two thirds of the world’s oceans, a significant and importance milestone in the history of the law of the sea.
