Ambassador and Permanent Representative Antonio M. Lagdameo delivers the opening remarks to the side event, “Equity and the Law of the Sea,” a side event, held at the sidelines of the 33rd Meeting of the States Parties to the UN Convention of the Law of the Sea on 13 June 2023 at the UN Headquarters in New York. He is joined by Undersecretary Carlos D. Sorreta, Judge Tomas Heidar, and Ambassador Yuri Gala Lopez. (Photo Credit: New York PM)
UNITED NATIONS, NEW YORK, 13 June 2023 – The Permanent Mission of the Republic of the Philippines in New York, today, held an event entitled “Equity and the Law of the Sea,” at the sidelines of the 33rd Meeting of the States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) at the UN Headquarters in New York.
The side event gathered panelists, specifically negotiators and experts on the law of the sea, including candidates to the International Tribunal for the Law of the Sea (ITLOS), for a discussion on developments related to equity and the law of the sea.
The panel talked of aspects of equity and the law of the sea in light of recent jurisprudence on maritime delimitation, progress in norm-creating processes, such as the recent conclusion of negotiations on marine biodiversity in areas beyond national jurisdiction (BBNJ), and other related developments.
In opening the side event, Ambassador and Permanent Representative Antonio M. Lagdameo remarked, “To us, equity has been at the heart of the law of the sea.”
“At the center of our commitment to equity in the law of the sea is the reality that we are an archipelagic and maritime state and our people are inextricably bound to the ocean. Our coastal communities rely on marine biodiversity, our seafarers ply the world’s ships,” Ambassador Lagdameo added.
Undersecretary Carlos D. Sorreta of the Office for Multilateral Affairs and International Economic Relations of the Department of Foreign Affairs of the Philippines delivered a cross-cutting intervention to explain how equity, in the context of UNCLOS, is relevant to developing states like the Philippines. He highlighted that while there was no single definition of equity, what started out as a divisive concept eventually became safe landing ground to achieve consensus, based on flexibility on what equity was.
He cited the Philippines’ special interests in negotiating UNCLOS focusing on the archipelagic state regime in relation to the geopolitical situation and the importance of a unitary concept of a state. He noted that the recognition of the status has been a critical precondition to the integration of the Southeast Asian region. He also emphasized the importance of dispute settlement mechanisms under UNCLOS in relation to equity.
Judge Tomas Heidar, Vice President of ITLOS, spoke of the relevance of equity, particularly in the context of maritime delimitation. He stressed that equity is an integral part of the law of the sea and is explicit in UNCLOS and discussed the ‘equitable solution’ provisions of Articles 74 and 83 of the UNCLOS. He also elaborated on the key aspects of the Judgment of the ITLOS Special Chamber in the recent case of Mauritius/Maldives.
On the other hand, Mr. Thembile Joyini, a seasoned negotiator from South Africa, and previously Vice Chairperson of the Legal and Technical Commission of the International Seabed Authority, shared his views on the operationalization of provisions on deep seabed mining under UNCLOS, a regime that developing countries advocated for at the Third Law of the Sea Conference. He discussed equity in terms of the ongoing work for a robust and future-proofed mining code as balanced with the need for protection of the marine environment.
Meanwhile, Ambassador Yuri A. Gala Lopez of Cuba, as Chair of the Group of 77 and China, in his intervention, highlighted the contributions of the group of developing countries in the recent negotiations on a BBNJ Agreement.
“The Group of 77 and China have succeeded in including in the Treaty a truly balanced model for the sharing of benefits arising from the use of marine genetic resources and digital sequence information, which is the basis and an important part of biological research today,” according to Ambassador Gala Lopez. He further added that the Group succeeded in ‘including in the final agreement the principle of common heritage of humankind which is set out in UNCLOS’ and noted that this is an ‘important step towards economic justice.’
Mr. Rodrigo Barenho of Brazil shared his country’s experience in dealing with one of the most contentious issues at the BBNJ negotiations – the recognition of the principle of the common heritage of mankind. He explained why the provision was so central for countries in the Global South and how it helps to promote equity in the context of the law of the sea. He asserted that marine genetic resources in areas beyond national jurisdiction should be recognized as common heritage of mankind.
Ms. Maria Angela Ponce, Assistant Secretary for Maritime and Ocean Affairs of the Department of Foreign Affairs, wrapped up the discussion with a commentary on the interventions from panelists, concluding that equity continues to evolve and remains a work in progress.
The panel discussion, taking place prior to the adoption of the BBNJ Agreement, and moderated by Ms. Azela Arumpac-Marte, Legal Adviser of the Permanent Mission of the Republic of the Philippines, provided a timely forum to discuss equity in its emergent dimensions, such as the allocation of resources in relation to jurisdiction and control of ocean space, the distribution of benefits and obligations, the common heritage of humankind, intergenerational equity, and equitable participation, as well as in its traditional context of maritime delimitation. END
Undersecretary Carlos D. Sorreta joined by panelists after the side event, “Equity and the Law of the Sea,” held at the sidelines of the 33rd Meeting of the States Parties to the UN Convention of the Law of the Sea on 13 June 2023, at the UN Headquarters. (Photo Credit: New York PM)