Hambantota Port and new Law of the Sea

by Dr. Upali KARUNATILLEKE

Arvid Pardo, the Ambassador of Malta to the UN, presented a revolutionary concept on "the sea-base and the ocean floor", where he warned the United Nations that it must be treated as "common heritage of mankind" as otherwise it could lead to conflict between states that would lead to the Third World War that would spell the end of humanity.

The United Nations General Assembly which took serious note went ahead by sponsoring a number of conventions on 'The Law of the Sea", which is unique in many respects, but the most notable was that it now serves as a constitution for the management of the ocean.

The Under Secretary for the Special Representative of the Secretary General for the Law of the Sea, Bernard Zules had this to say in presenting the Law of the Sea (UNCLOS III).

"On December 10, 1982, the United Nations Convention on the Law of the Sea was opened for signature at the Montague Bay, Jamaica.

This marked the culmination of over 14 years of work involving participation by more than 150 countries representing all regions of the world, all political systems, all degrees of socio-economic development, countries with various dispositions regarding the kinds of minerals that can be found in the sea-bed. Coastal states, states describing as geographically disadvantageous with regard to the ocean space, archipelagic states, island states and landlocked states.

These countries convened for the purpose establishing a comprehensive regime "dealing with all matters relating to the Law of the Sea.... bearing in mind that the problems of ocean-space are closely inter-related and need to be considered as a whole". The fruits of these labours are embodied in the UNCLOS III".

The Special Commissioner of Sri Lanka at the UNCLOS Conventions, Dr. Hiran Jayawardena, signed the convention on behalf of Sri Lanka. He is the Secretary General of IOMAC and the Chairman of NARA.

UNCLOS III is of particular interest to Sri Lanka because the then Ambassador to the UN in the 80s, the late Shirley Amarasinghe was the Chairman of UNCLOS III. And the convention grants a special status to beyond her EEZ of 200 nautical miles to an area in the continental shelf, which will be more than 23 times the land and sovereign rights for the purpose of exploring and exploiting natural resources such as hydrocarbons, minerals and living organisms and sedimentary species.

What is most significant in UNCLOS III is defining the rights and obligations of all states - coastal, flag and port. The state responsibilities have been identified and emphasised. But in the Indian Ocean, most of the States are in the Third World. They have very limited resources, particularly in regard to conservation, and prevention of marine pollution. Fortunately, the Convention has suggested the implementation should be tried with International assistance - such as IMO Conventions - and with Regional arrangements as a basis.

As a matter of fact, this has been suggested in twenty-two clauses in the convention - eg. In Part V - Exclusive Economic Zone-Arts - 61, 62, 63, 64, 66, 69 and 70. Similarly in part VI - High Sea, Part IX - Enclosed seas, part X - Land Locked States, Part XII - Protection of Marine Environment and Part XIV - Development and Transfer of Marine Technology. With the commissioning of the Hambantota Port in November, it becomes the most suitable capital of the Indian Ocean to implement the Convention of UNCLOS to the advantage of our country.

There are four entrances to the ocean for ships including oil and other cargo. It is estimated that about 7,000 ships use the ocean for trafficking to and from East to West and West to East. The entrances are: the Cape of Good Hope in South Africa, Aden in Yemen through the Red Sea, the Gulf of Hormuz in Iran through the Persian Gulf and Singapore.

It will be necessary through IMO to monitor the safety and seaworthiness of every vessel entering the area around Hambantota Prot in the Indian Ocean, to make the safest sea.

All the authorities in Sri Lanka will have to co-ordinate their activities by using Hambantota as a centre for administration of the Indian Ocean. Hambantota will become a focal point for International Law of marine activity in shipping, marine pollution and international co-operation. This is apart from a centre of development of the country as a free port of the Southern and Badulla and Uva Provinces.

(The writer is an Attorney-at-Law and was conferred a Ph.D by the Solent University, Southamption in the United Kingdom on his thesis "The UNCLOS III and its implementation in the Indian Ocean". Email:[email protected])