Technology Cooperation and Transfer, Piracy and Armed Robbery at Sea: A Discussion Paper in Two Parts for UNICPOLOS II†

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References
  • 'f EDITORS' NoTE.-This article is an edited version of the paper "UNICPOLOS II: A Discussion Paper Compiled by the International Ocean Institute," presented by Elisabeth Mann Borgese at the second meeting of UNICPOLOS in New York from 7 to 11 May 2001. 1. Published as Draft Resolution A/55/L.10. Adopted by the General Assem- bly on 30 October 2000 and issued in final version as A/RES/55/7. 2. Report on the Work of the United Nations Open-ended Informal Consulta- tive Process on Oceans and the Law of the Sea at its First Meeting (A/55/274). Letter dated July 28, 2000 from the Co-Chairpersons of the Consultative Pro- cess addressed to the President of the General Assembly. The first meeting of UNICPOLOS was held on 30 May-2 June 2000. 3. Resolution A/55/L.10, para 32.

  • 4. Ibid., para 33. 5. UNICPOLOS was established by the General Assembly on 24 November 1999 in its Resolution 54/33 to facilitate the annual review by the Assembly of devel- opments in ocean affairs. 6. Resolution A/55/L.10, para 40. 7. Resolution 54/33.

  • 8. For example, IMO-Maritime Safety Committee, Piracy and Armed Robbery Against Ships: Guidance to Shipowners and Ship Operators, Shipmasters and Crews on Preventing and Suppressing Acts of Piracy and Armed Robbery Against Ships (MSC/Circ.623/Rev.l) (London: IMO, 16June 1999).

  • . 9. Marine technological developments are intimately connected with other high-tech endeavours especially in the fields of microelectronics, robotics, genetic engineering and biotechnology, space and lighter-than-air technologies, new materi- als technology, and superconductivity. There is a need to monitor developments in these fields for their complementary and competitive impacts. The complementary impacts would be the developments they could generate in marine technology (e.g., space technology and microelectronics on environmental pollution monitoring, bio- technology on leaching of minerals and on mariculture, and superconductivity on submarine cables for the transmission of electricity). At the same time, the impact of these developments on terrestrial industries has also to be taken into account. For a resource to be exploited, not only does it have to be accessible with the technology available to exploit it, but exploitation also has to be economic. In the case of ocean resources, it would mean extracting resources at an economic price competitive with

  • resources from terrestrial sources. So the increasing efficiency of terrestrial mining due to technological advance would have a competitive impact on ocean technology. See K. Saigal, Feasibility Study (Malta: International Ocean Institute, 1988). 10. E. Mann Borgese, The UNCLOS/UNCED Process: A Comparative Study of Eight Documents (Halifax: International Ocean Institute, 2000), Part 3, p. 65. 11. M. B. Spangler, New Technology and Marine Resource Development (New York: Prager, 1970).

  • 12. M. Sharp and C. Shearman, European Technological Collaboration (London: Royal Institute of International Affairs, 1987).

  • 13. See "Recommendations" in Ocean Technology, Development, Training and Transfer- Proceedings of Pacem in Maribus XVI August 1988, eds. J. Vandermuelen and S. Walker (Oxford: Pergamon Press, 1991).

  • 14. Ibid. 15. United Nations Convention on the Law of the Sea, with Index and Final Act of the Third United Nations Conference on the Law of the Sea (A/CONF.62/ 122) (New York: United Nations, 1983), Annex VI to the Final Act of the Third United Nations Conference on the Law of the Sea. Accessed 10 March 2001 on the World Wide Web: .

  • 16. For example, the International Centre for Genetic Engineering and Bio- technology, with headquarters in Trieste and Delhi, and the International Centre for Science and High Technology (ICS) in Trieste, both established by UNIDO. At the global level, a Multilateral Ozone Fund has been established to cover all "incremental costs" arising from the introduction of environmentally safe technolo- gies. Similar arrangements have been made for the implementation of technology transfer under the Biological Diversity and Climate Change Conventions. At the regional level of the Mediterranean, one should mention the UNDP-initiated Centre for Environment and Development for the Arab Region and Europe (CEDARE) which was established to enhance European-Arab cooperation in sustainable devel- opment and which has a technology cooperation component. In Greece, a mecha- nism was established to facilitate technology cooperation in the private sector. In Spain, a centre for the advancement of environmentally sustainable technology was established and funded by the Government of Spain.

  • . 17. Agreement Relating to the Implementation of Part XI of the United Na- tions Convention on the Law of the Sea of 10 December 1982 (Resolution 48/263) (1994), Annex. . 18. See The International Sea-bed Authority: New Tasks. Proceedings of the Leader- ship Seminar, Jamaica, 14-15 August 1998 (Halifax: International Ocean Institute, 1998) .

  • 19. LOS/PCN/SCN.2/L2 Add.l and L.2 Add.2. 20. LOS/PCN/SCN.2/WP14, Add.l and Add.2. 21. Convention on Biological Diversity, accessed 14 February 2001 on the World Wide Web: http://www.biodiv.org/. 22. United Nations Framework Convention on Climate Change, accessed 12 March 2001 on the World Wide Web: http://www.unfccc.org/. 23. International Ocean Institute, Mediterranean Centre for Research and Develop- ment in Marine Industrial Technology: A Proposal (Malta: Foundation for International Studies, 1988).

  • 24. A. Chan, The Dangers of Piracy and Ways to Combat It. Keynote address to the 1999 Piracy Seminar, Singapore, 22 October 1999, accessed 9 February 2001 on the World Wide Web: http://www.sils.org/seminar/1999-piracy-01.htm. (See also J. Abhyankar, An Overview of Piracy Problems-A Global Update. Address to the 1999 Piracy Seminar, Singapore, 22 October 1999, accessed 8 February 2001 on the World Wide Web: http://www.sils.org/seminar/1999-piracy-02.htm. The example of the Strait of Malacca is particularly alarming as there has been a recent dramatic in- crease in incidents of armed robbery against ships transiting this narrow and shal- low waterway which some 600 vessels utilize daily. For a description of the difficulty of navigating this Strait, particularly while under attack, see MaritimeSecurity.com and Special Ops Associates, Report on Worldwide Maritime Piracy: June 1999 (Elec- tronic version 2.0), accessed 19 December 2000 on the World Wide Web: http:// / Www.maritimesecurity.com/maritime-piracy.htm, p. 9. 25. International Chamber of Commerce-Commercial Crime Services, Pi- racy Attacks Rise to Alarnzing New Levels, ICC Report Reveals, accessed 1 February 2001 on the World Wide Web: http://www.iccwbo.org/ccs/news_archives/2001/ Piracy-report.asp.

  • 26. United Nations Convention on the Law of the Sea (n. 15 above), Art. 101.

  • 27. Ibid., Art. 58, para. 2. 28. International Chamber of Commerce-International Maritime Bureau. Ac- cessed 4 January 2001 on the World Wide Web: http://www.iccwbo.org/ccs/ imb_piracy/ weekly/ _piracy_report.asp. 29. International Maritime Organization-Maritime Safety Committee, Draft Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships (MSC./Circ.984) (London: IMO, 20 December 2000), Annex 1. 30. Principally under the auspices of the IMO and the ICC-IMB. 31. IMO, "Piracy and armed robbery at sea," Focus on IMO. (London: IMO, January 2000). 32. ICC-IMB, 2000 Annual Report: Piracy and Armed Robbery Against Ships.

  • 33. United Nations Convention on the Law of the Sea, Preamble (n. 15 above). 34. IMO, "Piracy and Armed Robbery at Sea," (n. 31 above), p. 4.

  • 35. A notable exception could have been the United States' Ship Rider Accords that were negotiated between the U.S. and many of its regional neighbours in an attempt to counter regional maritime drug trafficking. However, these accords have been increasingly criticized and labelled as U.S. "extraterritorialism," resulting in wholesale loss of maritime sovereignty for the nations of the Caribbean Region. It is expected that these accords will soon be phased out by a truly regional approach in the form of the Inter-American Drug Abuse Control Commission of the Organiza- tion of American States' (OAS-CICAD) Draft Agreement Concerning Co-operation in Suppressing Illicit Maritime Trafficking in Narcotic Drugs and Psychotropic Sub- stances in the Caribbean Area (CICAD/doc.1076/00 rev.l) (28 September 2000), hereafter referred to as the Regional Drug Interdiction Protocol. 36. F. Bailet, "Achieving Compliance in the Maritime Sectors." Paper pre- sented to the Maritime Institute of Malaysia (MIMA), October 2000. 37. E. Mann Borgese and F. Bailet, Ocean Governance: Legal, Institutional and Implementation, Considerations (Tokyo: Ship and Ocean Foundation, to be published November 2001), in press.

  • 38. In the case of Canada, various government departments that possess mari- time interdiction mandates have negotiated these types of MOUs in order to facili- tate rapid and flexible interdiction operations which utilize, for the most part, either Coast Guard or Naval platforms. 39. H. Terashima, "The Role of NGOs in Dealing with Piracy at Sea." Address to the 1999 Piracy Seminar, Singapore, 22 October 1999. Accessed 8 February 2001 on the World Wide Web: http://www.sils.org/seminar/1999-piracy-09.htm.

  • 40. IMO-MSC, Piracy and Armed Robbery Against Ships, (n. 29 above). 41. It has been estimated that the average economic cost of an incident is about U.S.$5,000. C. Vallar, The Cost of Piracy-Modern Piracy, Part 3 (1 October 2000). Accessed 8 February 2001 on the World Wide Web: http://www.suitel01.com/ article.cfm / 6236 / 44265. 42. IMO-MSC. Draft Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships, Article 1 (hereafter referred to as the Draft Investigation Code). The Draft Investigation Code was approved at the IMO-MSC's Seventy-third Session (27 November-6 December 2000) and will be con- sidered at the IMO's Twenty-second General Assembly (19-30 November 2001). 43. Ibid., background.

  • 44. The URL for the weekly piracy report is http://www.iccwbo.org/ccs/s imb piracy/weekly�piracy�report.asp. 45. See http://www.iccwbo.org/ccs/menu_imb_bureau.asp; See IMO, "Pi- racy and Armed Robbery Against Ships," (n. 29 above, p. 7).

  • 46. The English version of the Nippon Foundation Piracy Database is available and was accessed 2 January 2001 on the World Wide Web: http://db01.nippon- toundation.or.jp/cgi-bin/zaidan/index_e.cgi.

  • 47. United Nations Convention on the Law of the Sea, (n. 15 above), Article 100. 48. It is important to note that the international community has renewed its will to cooperate in the fight against transnational crime through the recently negoti- ated United Nations Convention Against Transnational Organized Crime and its associated protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol Against the Smuggling of Migrants by Land, Sea and Air (Palermo, December 2000). Although this Conven- tion remains sectoral in its approach, the logical next step for the international community would be to expand provisions of this instrument through the adoption of additional protocols and to harmonize it with other related conventions such as the UN Single Convention on Narcotic Drugs (1961, as amended by the 1972 Proto- col Amending the Single Convention on Narcotic Drugs), the UN Convention on Psychotropic Substances (1971), and the UN Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).

  • 49. See Mann Borgese and Bailet (n. 37 above). 50. IMO-MSC, Piracy and Armed Robbery Against Ships: Recommendations to Governments for Preventing and Suppressing Piracy and Armed Robbery Against Ships (MSC/Circ.622/Rev.l) (London: IMO, 16 June 1999), Annex, Appendix 5 (hereafter referred to as the Regional Piracy Interdiction Protocol).

  • 51. Chan (n. 24 above).

  • 52. B. Boutros-Ghali, An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peacekeeping Report of the Secretary-General (New York: United Nations, 1992). t: 53. E. Mann Borgese, Ocean Governance and the United Nations, 2nd ed., (Hali- t�x: Centre for Foreign Policy Studies, Dalhousie University, 1996).

  • 54. W. Schuecking, Der Bund der- Voelker. Studien und Vortraege zum organisa- torischen Pazifismus (Leipzig: Der Neue Geist-Verlag, 1918), pp. 149-53.

  • 55. United Nations Conference on Environment and Development, Rio Decla- ration on Environment and Development (Rio de Janeiro, Brazil, 3-14 June 1992), Principle 25.

  • 56. FAO, Code of Conduct for Responsible Fisheries (Rome, Italy: 1995). 57. K. Saigal, Research and Development in Marine Industrial Technology: A Feasibil- ity Study (Unpublished, 20 April 1989).

  • 58. United Nations Conference on Environment and Development. Agenda 21: Programme of Action for Sustainable Development (Rio de Janeiro, Brazil, 3- 14 June 1992), Paragraph 17.21. 59. Global Programme of Action for the Protection of the Marine Environ- ment from Land-based Activities (UNEP(OCA) /LBA/IG.2/7) and the Washington Declaration on Protection of the Marine Environment from Land-based Activities (Annex II of the Washington Conference Report of the Meeting, UNEP (OCA) / LBA/IG/2/6). Adopted at the High-level Segment of the Intergovernmental Con- ference to Adopt a GPA on 1 November 1995. 60. Programme of Action for the Sustainable Development of Small Island Developing States. Adopted at the Global Conference on the Sustainable Develop- ment of Small Island Developing States, Barbados, 25 April-6 May 1994. 61. United Nations Convention on Biological Diversity. Adopted at the UN Conference on Environment and Development, Rio de Janeiro, Brazil on 5 June 1992. � . J . J 62. United Nations Framework Convention on Climate Change. Adopted in New York, U.S.A., on 9 May 1992. 63. Programme of Action for the Sustainable Development of Small Island Developing States, (n. 60 above). 64. FAO, Code of Conduct for Responsible Fisheries, (n. 56 above), accessed 23 March 2001 on the World Wide Web: http://www.fao.org/. 43. 65. United Nations Convention on the Law of the Sea, (n. 15 above), Article

  • 66. In regions where such a commission does not exist, its establishment should be undertaken and modeled on the highly successful and innovative Mediter- ranean Commission on Sustainable Development.

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