9. Policy and Law relating to Global Commons


By virtue of its acknowledged scientific capabilities and accomplishments, India acquired Pioneer Status in deep seabed exploration in 1982 and secured allotment of a mine site of 150,000 sq. km. in the central Indian Ocean basin during 1987, in terms of the United Nations Convention on the Law of the Sea, which establishes a comprehensive legal framework and provides foundation for the use of the ocean resources. This Convention contains provisions governing, inter alia, the limits of national jurisdiction over ocean space (such as territorial sea, Exclusive Economic Zone and the continental shelf), access to seas, navigation, protection and preservation of the marine environment, exploitation of living resources and conservation, scientific research, seabed mining and exploitation of other non-living resources and the settlement of disputes. In addition, it establishes new international bodies to carry out functions for the realisation of specific objectives. As a signatory to the UN Convention on the Law of the Sea and as a registered Pioneer Investor, India has been participating in the work of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea set up in 1983 and whose mandate is to elaborate rules, regulations and procedures for implementing the seabed mining regime of the Convention. The Commission has been entrusted with the specific responsibility of carrying out functions envisaged under Resolution II which governs preparatory investments in pioneer activities.

The Indian Antarctic research programme commenced during 1981. The scientific endeavours in Antarctica form the basic component of our long term objectives, which in turn have been formulated to enable Indian scientists to take advantage of the unique site and environment of Antarctica in understanding the key global processes and to enable India to design its national policies and programmes in a changing world perspective based on a first hand knowledge and experience of the Antarctic environment.

India's scientific endeavours in Antarctica have enabled it to secure consultative status in the Antarctic Treaty System-decision making role in the system.

During the year under review India continued to play its rightful role in various international fora, a brief summary of which is given below:

9.1 Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea

The Preparatory Commission has todate accomplished a major part of its work. Resolution of overlapping claims for deep seabed mine sites in the Pacific Ocean, registration of India, France, Japan and the Soviet Union as Pioneer Investors and allocation of mine sites in August 1987 have been major accomplishments, The question of implementation of obligations of registered Pioneer Investors was resolved through a special understanding adopted during August 1990 session in New York.

Preparatory Commission met twice during 1991. It held its ninth session at Kingston from 25 February to 22 March 1991, and the summer meeting in New York from 12 to 30 August 1991. During these meetings the Commission continued its deliberations on (a) Mining Code, (b) transitional arrangements and operational options including joint ventures for the seabed mining arm of the International Seabed Authority, (c) assistance to land based producers likely 10 be adversely affected by deep seabed mining,( d) matters relating to Law of the Sea Tribunal, and (e) establishment of a training schedule to meet the manpower requirements of the future enterprise.

The Commission, based on the recommendation of the group of technical experts also decided to register the China Ocean Mineral Resources Research and Development Association and Interoceanmetal Joint Organisation-an entity controlled by Bulgaria, Cuba, Czech and Slovak Federal Republic, Poland and the former Soviet Union-as Pioneer Investors and allotted mine sites in the Pacific Ocean for further exploration and development work. An Indian expert participated in the meetings of the Group of Technical Experts which evaluated the technical work of these two Pioneer Investors. India also supported the registration of China and Interoceanmetal as Pioneer Investors and in reaching a consensus decision by the General Committee of the PREPCOM.

9.2 Eleventh Antarctic Treaty Special Consultative Meeting Comprehensive measures for the protection of the Antarctic environment:

The 11 th Antarctic Treaty Special Consultative Meeting which was convened in accordance with the recommendations of the Antarctic Treaty Consultative Parties (ATCPs) of October 1989, to explore and discuss proposals relating to the comprehensive environmental protection of Antarctica and its dependent and associated ecosystems, held its second session during the year. Representatives from all the twenty six Consultative Parties and representatives of States which are not Consultative Parties, representatives of international organisations and non-governmental organisations attended the meeting. At the conclusion of the session in Madrid the representatives of the Consultative Parties adopted by consensus the Protocol on Environmental Protection to the Antarctic Treaty. The Protocol was opened for signature on 4 October 1991 and will remain open for signature until 3 October 1992. Twenty-four out of the 26 Consultative Parties signed the Protocol.

In the Protocol, the Parties commit themselves to the comprehensive protection of the Antarctic environment and the dependent and associated ecosystems, designating Antarctica as a natural reserve devoted to peace and science., The Protocol also provides for the prohibition of all Antarctic mineral resources activities for a period of 50 years. The Protocol provides for environmental principles which not only emphasise the wilderness and aesthetic and scientific values of Antarctica but accords priority to scientific research, including research essential to the understanding of global environment. The Protocol includes, inter alia, provisions for the environmental impact assessment, conservation of the Antarctic flora and fauna, waste management and waste disposal and the prevention of marine pollution. Provision has been made for the possibility of adopting additional measures to regulate other human activities in order to ensure the best possible protection for Specific Antarctic Areas.

The Protocol, thus, includes measures for environmental protection. Of particular importance are the provisions concerning prohibition of mining activities and mechanisms for review after the expiry of 50-year period.

The outcome of the Madrid XI Special Consultative Meeting of Antarctic States, in which the Indian delegation played an active part, corresponds to the Government's objective of contributing through active environmental protection policy at the national and international levels towards the preservation of nature and the environment as highly valuable assets belonging to mankind as a whole. It is a matter of satisfaction that there has been convergence of consensus among ATCPs on the basic stand and the elements of Indian proposal and the Antarctic Treaty Parties have agreed for a 50 year prohibition on mining activities in Antarctica, with specific provisions for review after that period.

The question of signature and ratification of the Protocol is currently being examined by the Government.

9.3 XVI Antarctic Treaty Consultative Meeting

The XVI Antarctic Treaty Consultative Meeting was held in Bonn from 7-18 October 1991. Thirty eight Antarctic Treaty Parties and international organisations and Non- Governmental Organisations participated in the meeting. The meeting addressed to the questions concerning (a) operation of the Antarctic Treaty System, (b) obligations following from the Protocol on Environmental Protection to the Antarctic Treaty agreed to at the XI Special Meeting at Madrid, and scientific and legal framework for their observation, compliance and enforcement, (c) organisational aspects, (d) environmental impact assessment and environmental monitoring, (e) Antarctic Protected Areas, (f) tourism (g) scientific cooperation and data and information exchange, etc.

The meeting adopted 13 recommendations on specific issues addressed to the Governments Parties to the Antarctic Treaty, which will become binding after they have been formally accepted by them. The Antarctic Parties also stressed their determination to give effect to the Protocol on Environmental Protection to the Antarctic Treaty as soon as possible.

In a declaration marking the 30th anniversary of the Antarctic Treaty, the Antarctic Treaty Parties underlined the successful cooperation in the field of scientific research and protection of the environment of the continent for which the Antarctic Treaty provides the basis. The outstanding role of Antarctica as outdoor laboratory for the research and observation of global phenomena and significance of Protocol on Environmental Protection to the Antarctic Treaty for the conservation of the fragile environment of the continent was also emphasised.

India as a Consultative Party participated in this meeting.

9.4 Intergovernmental Oceanographic Commission

As a member of the Intergovernmental Oceanographic Commission and member of the Executive Council, India participated in the XVI Assembly of the Intergovernmental Oceanographic Commission held in March 1991 in Paris. The Commission whose function is to promote marine scientific investigations and related ocean services has been planning, implementing and coordinating specific programmes with a view to learning more about the nature and resources of the oceans through the concerted actions of its members. It is implementing a Global Ocean Observing System (GOOS) which uses a globally coordinated scientifically based strategy over management of data generated from regular observations of major physical, chemical and biological properties of the oceans, including the coastal zone. These include global ocean observing system, global sea level observing system, drifting buoy activities, international oceanographic data exchange, assessment and prediction of the wealth of the oceans, coastal zone protection, etc.

The research initiatives already taken under the Department's programme relating to development of coastal zone and islands, especially those relating to monitoring and modelling of the marine environment, monitoring and modelling of Sea level variations, coastal ocean design and prediction system thus put India at par with these state-of-the- art oceanographic activities in the most advanced countries.

9.5 Other Meetings

Secretary , Department of Ocean Development attended the General Assembly of the International Union of Geodesy and Geophysics (IUGG) at Vienna during August 1991 and presented scientific papers on: (i) Earthquake Hazards in the Seismic Gaps on the Himalaya, and (ii) Continental subduction and evolution of the South Indian Granulite Terrain.