STATEMENT BY
H.E. SYED MOHAMAD HASRIN AIDID
PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS
ON AGENDA ITEM 72 (A): OCEANS AND THE LAW OF THE SEA
COMMEMORATION OF THE FORTIETH ANNIVERSARY OF THE ADOPTION AND OPENING FOR SIGNATURE OF
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
AT THE PLENARY OF THE 77TH SESSION OF THE GENERAL ASSEMBLY
NEW YORK, 9 DECEMBER 2022
Mr. President,
Distinguished delegates,
It gives me great pleasure to join you today in celebrating the fortieth anniversary of the adoption and opening for signature of the UN Convention on the Law of the Sea 1982 (UNCLOS 1982).
Mr. President,
2. Since time immemorial, oceans and human life have always been inextricably linked. As you mentioned yesterday, the oceans provide us with incredible biodiversity, sustenance and resources to sustain the lives of billions of people and organisms on this planet.
3. Because of its vastness, it used to be thought that the resources of the oceans are inexhaustible. However, our relationship with oceans, as with nature at large, has historically been one of imbalance and overuse. With the growing needs for food, energy and resources, even the great oceans require our protection.
4. It is due to this that four decades ago, the world came together and agreed for a comprehensive legal regime to govern the conduct of people and nations on the use of oceans and seas. Therefore, it is most fitting that UNCLOS 1982 is known as the “constitution for the oceans”.
Mr. President,
5. As a maritime nation and a state bordering one of the busiest straits in the world, Malaysia takes particular interest in the legal regime governing oceans and seas. Malaysia signed the UNCLOS 1982 on 10 December 1982 and ratified it on 14 October 1996. As a State Party, Malaysia has always and continues to implement the various provisions under the Convention faithfully.
6. With a coastline of 4,492 kilometres and extensive maritime boundaries with our neighbours, we have and continue to conduct maritime boundary delimitation negotiations through peaceful means, in accordance with the letter and spirit of the recognised principles of international law, particularly UNCLOS 1982.
7. Malaysia's experience in dispute settlement reflects our trust and good faith in the Convention. On several occasions, Malaysia has sought the wisdom of the independent judicial bodies to adjudicate disputes arising out of the interpretation and application of the Convention.
8. As a country straddled between the strategic waterways of the Indian Ocean and the South China Sea, and as a littoral state to the Strait of Malacca, Malaysia places great importance on, and is committed to, ensuring its maritime area is safe and secure for navigation, maritime-borne international trade, and other ocean-related economic uses. The Cooperative Mechanism for the Straits of Malacca and Singapore has been widely recognised as a successful model of cooperation among littoral states, as encouraged by the Convention.
Mr. President,
9. Malaysia has constantly advocated the importance of oceans and seas in sustainable development, and in strengthening international peace, security and cooperation. The guiding principle of sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet theirs. The attainment of SDG 14 (Sustainable Development Goal 14 “Life Below Water”) thus engenders a true global partnership – one that recognises the importance of inclusive and meaningful engagement and participation of all States no matter their size or development status. The principles of equity, common heritage of mankind, and common but differentiated responsibilities and respective capabilities (CBDR) should guide our way forward.
Mr. President,
10. Malaysia commends the three bodies provided for in the Convention, namely the Commission on the Limits of the Continental Shelf (CLCS), the International Seabed Authority (ISA) and the International Tribunal for the Law of the Sea (ITLOS), that continue to contribute to the enhancement of legal certainty with respect to maritime zones and boundaries despite the extenuating circumstances brought by the COVID-19 pandemic. Given the importance of these organs, it is imperative that they continue to receive our support. I am pleased to mention that Malaysia has been contributing actively in the work of the CLCS, through our current expert, Dr. Mazlan Madon, and former expert, Dr. Abu Bakar Jaafar respectively, since the Commission’s establishment in 1997.
Mr. President,
11. I began my statement earlier with highlighting the connection between human life and the ocean. As we are now in the Decade of Ocean Science for Sustainable Development (2021-2030), we should strengthen our resolve to restore and protect the health, resilience and productivity of the oceans, for the benefit of current and future generations. We must keep this in mind as we strive to finalise the text of a legally binding instrument under UNCLOS for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ agreement) next year, and embark on negotiations for a global plastic pollution treaty that would also tackle the issue of plastics in the marine environment.
12. As many previous esteemed speakers have noted, the UNCLOS 1982 is more relevant today than ever. Malaysia is convinced that the Convention will continue to be universally recognised and fully applied to the conduct of States on oceans for decades to come.
I thank you.