As an island nation surrounded by the world’s largest ocean and with a heavy reliance on shipping for our international trade, New Zealand has a strong interest in the effective regulation and peaceful management of the uses of the ocean.
The United Nations Convention on the Law of the Sea (UNCLOS), concluded in 1982, is often described as a “constitution for the oceans”. It sets out a comprehensive regime for the law of the sea, covering such matters as territorial sea limits, navigational rights, the legal regime for the 200 nautical mile wide exclusive economic zone (EEZ) and the continental shelf, the high seas and the legal status of resources of the deep seabed outside the limits of any nation’s jurisdiction, passage of ships through narrow straits, conservation and management of fisheries, the protection and preservation of the marine environment, marine scientific research, the transfer of marine technology and dispute settlement procedures. Over 150 States are party to UNCLOS and many aspects of its provisions are widely regarded as reflecting customary international law so that they are legally binding on all States.
In 1994 an additional agreement was adopted to implement the provisions of Part XI of UNCLOS relating to the resources of the deep seabed outside the limits of any nation’s jurisdiction. This Agreement and Part XI of the Convention are interpreted and applied together as a single instrument. New Zealand played an active role in the negotiations of both UNCLOS and the Part XI Implementing Agreement, and became party to both on 19 July 1996.
UNCLOS established three bodies designed to ensure its effective implementation:
In addition, UNCLOS provides for the United Nations Secretary-General to convene meetings of States Parties as may be required. Since 1994 the States Parties to UNCLOS have met on an approximately annual basis to elect the members of the CLCS and ITLOS, take associated administrative and budgetary decisions, and discuss any issues arising from the application of UNCLOS. New Zealand chaired the meeting of States Parties in both 2002 and 2007.
New Zealand has a close interest in ensuring that UNCLOS is effectively implemented, and the Ministry participates actively in the work of its bodies. New Zealand also plays a leading role in other international forums dealing with oceans issues, such as the annual UN Informal Consultative Process on Oceans and Law of the Sea. New Zealander Don MacKay was Co-Chairperson of the tenth meeting of the UN Open-ended Informal Consultative Process on Oceans and the Law of the Sea in June 2009 and will continue in this role in 2012. New Zealand has also participated in the Ad Hoc Open-ended Informal Working Group to Study Issues Relating to the Conservation and Sustainable Use of Marine Biological Diversity Beyond Areas of National Jurisdiction as well as a Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socio-Economic Aspects.