9. Policy and Law
India is a signatory to the United Nations Convention on the Law of the Sea, 1982. The convention gives every coastal State the right to establish its territorial sea upto a limit of 12 nautical miles, contiguous zone between 12 and 24 mile limits, Exclusive Economic Zone upto 200 nautical miles. The Convention also makes provision for access to seas by land-locked States, navigational rights, protection and preservation of the marine environment, scientific research, exploration and exploitation of the resources of the deep seabed etc, It also envisages establishment of the International Seabed Authority for carrying out the deep seabed mining activities.
A Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea has been established and entrusted with the task of preparing the ground for the authority to commence its functions. The commission has also been charged with the task of implementing and overseeing the pioneer investors regime.
The Convention will enter into force twelve months after the deposit of the 60th instrument of ratification or accession. So far 159 States have signed and 54 States have ratified the Convention, Although the Convention has not yet entered into force, many governments have taken measures to implement the rules embodied in it. Competent international organisations have also taken a series of measures pursuant to its provisions.
In accordance with the provisions of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act of 1976, India established a 200 nautical mile exclusive economic zone. India has been allocated a mine site of 150,000 sq.km. in the Central indian Ocean for further exploration and development under the pioneer investors regime established under Resolution II of the Third United Nations Convention on the Law of the Sea of 30 April 1982.
India's scientific endeavours in Antarctica have enabled it to secure consultative status in the Antarctic Treaty System. India joined the Antarctic Treaty in 1983, the Convention on the Conservation of Antarctic Marine Living Resources, in 1985 and is a signatory to the Madrid Protocol on Environmental Protection to the Antarctic Treaty adopted in October 1991.
During the year in review the Department of Ocean Development as the Nodal Department continued to participate and play its rightful role in the work of the Preparatory Commission, the Antarctic Treaty Consultative Meeting and other international fora which are associated in the implementation of the new ocean regime. A brief review of the developments 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 for the International Seabed Authority and for the International Tribunal for the Law of the Sea (PREPCOM) which was mandated to prepare draft rules, regulations and procedure of the Authority and its subsidiary organs, Mining Code, operational options for the enterprise, implementation of the pioneer regime etc . has by now accomplished major part of its work. The Commission met twice during the year 1992 : at Kingston from 24 February to 13 March 1992 and in New York from 10 to 21 August 1992. During the Kingston meeting the Commission considered the reports from the first group of registered Pioneer Investors, viz. France, Japan, India and Russian Federation regarding fulfillment of their obligations. India submitted a report on the activities carried out in the deep seabed exploration from August 1990 onwards which was accepted by the General Committee of the PREPCOM. India also offered a training programme in fulfillment of its obligation as a registered pioneer investor. The Commission decided to conduct a stock taking exercise and prepare the summary reports of the Commission from its inception down to the present time.
At the resumed Tenth session held in New York the Commission approved the training programme offered by India arid decided to invite applications from different countries for selection to be made at the Eleventh session during 1993. Similarly, training programme for the Russian Federation was also approved. China and Interocean Metal, a consortia of East European countries and Cuba, who have also been accorded status as Pioneer investors agreed to submit their training programmes to be considered at the next meeting. The Training Panel considered 68 applications and selected six candidates with alternates for the French and Japanese training programmes
Although at the end of the New York meeting the stock taking reports were prepared, they could not be considered in depth as some members of the PREPCOM felt that considerable amount of work still remained to be done.
Experts from Germany presented their views on the environmental impact of deep seabed mining. They considered that enough research has not been done to predict adequately the environmental consequences of seabed mining. The experiments to date including the US-Russian large scale experiments are not sufficient and that pilot mining operations are necessary for adequate review of environmental consequences of deep seabed mining. Environmentally oriented technology, specially for the nodule collector is essential for minimising the impact of seabed mining.
9.2 XVII Antarctic Treaty Consultative Meeting
The XVII Antarctic Treaty Consultative Meeting was held in Venice from 11-20 November 1992. Representatives of all the 26 Consultative Parties to the Antarctic Treaty and 10 delegations from Contracting Parties which are not Consultative Parties attended the meeting. Experts from several international organisations having a scientific or technical interest in Antarctica also attended the meeting.
The agenda for the meeting included implementation of the Protocol on Environmental Protection to the Antarctic Treaty, review of the operation of the Antarctic Treaty system, organisational aspects including the question of establishment of Secretariat, exchange of information, amendment to rules of procedures, inspection under the Antarctic Treaty, environmental monitoring, scientific and logistic cooperation, Antarctic meteorology and telecommunication, cooperation in hydrographic charting, air- safety, exercise of jurisdiction in Antarctica etc.
While reviewing the progress in the implementation of the Protocol on Environmental Protection to the Antarctic Treaty the meeting was informed by the representative of the depository Government that 36 Contracting Parties including 26 Consultative Parties had signed the Protocol. With regard to entry into force, for which ratification by all Consultative Parties is required, it was noted that only one Consultative Party, viz. Spain had deposited its instrument of ratification and that others would need more time to complete the process of ratification. There was general support for the view that the establishment of the Committee for environmental protection envisaged under the Protocol and the functioning of the Committee should be possible as soon as the Protocol entered into force.
As a result of increase in the number of States Parties to the Antarctic Treaty and increase in the strength of the Consultative Members the need for establishment of a permanent Secretariat has been recognised. There is widespread support for the establishment of a small, modern, cost- effective Secretariat responsible to and under the authority of the Consultative Meetings to support the operation of the Antarctic Treaty consultative mechanism. The need for a Secretariat is based on three considerations: support for the increasingly numerous and complex operations of the consultative mechanism, circulation of information, and facilitation of the implementation of the Protocol on Environmental Protection. While there existed a broad measure of agreement on the functions, composition, legal status and cost sharing, agreement could not be reached on the location of the Secretariat for which offers were recieved from two Contracting Parties. The need for further work on this was acknowledged. On the question of environmental monitoring the meeting recognised the need for development of a coordinated data management system, difficulties inherent in designing specific environmental impact monitoring mechanisms as well as the resource constraints. Cooperation within the Antarctic Treaty system in scientific and logistic field was stressed. The meeting undertook an analysis of the existing recommendations regarding tourism and non-Governmental activities in Antarctica and considered proposals for establishing an additional annex to the Protocol on Environmental Protection. It was decided that matters concerning elaboration of a liability regime under the Protocol and issues concerning exercise of jurisdiction in Antarctica should be further considered at the next Consultative Meeting. In the meanwhile, the matter should be considered by a group of legal experts. India as a Consultative Party participated in the deliberations of the XVII Antarctic Treaty Consultative Meeting.
9.3 Question of Antarctica in the United Nations
The General Assembly of the United Nations has been dealing with the question of Antarctica since 1983 when the question was inscribed on the agenda at the initiative of Antigua and Barbados and Malaysia. With the adoption of the Protocol on Environmental Protection to the Antarctica Treaty which provides for a ban on mining activities for fifty years, there has been a shift in the focus. The discussions on this item during the 47th Session of the General Assembly however, revealed that some of the countries who are not Parties to the Treaty are highly critical of the Antarctic Treaty System while the Antarctic Treaty Consultative Parties believe that the Antarctic Treaty is an example of how nations can successfully work together to preserve a major part of this planet, for the benefit of all mankind, as a zone of peace where the environment is protected and science rules supreme.
9.4 Scientific Committee on Antarctic Research
The Scientific Committee on Antarctic Research (SCAR) is the sole organisation that can draw on the experience and expertise of an international mix of scientists across the complete spectrum of Antarctic science. It is a major source of advice on a wide range of scientific questions, particularly concerning the Antarctic environment. An increasing number of recommendations from the Antarctic Treaty Consultative Meetings require action by, or direct input from, SCAR. The membership of SCAR comprises the national committees of those national scientific academies or research councils which are the adhering bodies to International Council of Scientific Union (ICSU) and which are active in Antarctic research. SCAR meets every two years to conduct its business and Groups of Specialists have been created in response to specific scientific problems.
The 12th SCAR meeting was held in Bariloche, Argentina during June 1992. Seven permanent working groups and three groups of specialists, Council of Managers of National Antarctic Programme (COMNAP), Standing Committee on Antarctic Logistic and Operations (SCALOP) presented reports on progress and developments in different areas of Antarctic science. The applications of Ecuador, Estonia and Pakistan for membership of SCAR were considered. Ecuador was admitted to full membership of SCAR and Estonia and Pakistan as associate members. SCAR now comprises of 25 full members and 5 associate members of which Estonia and Pakistan are not, as yet, signatories to the Antarctic Treaty.
The role of Antarctica in global change, cooperation in scientific and logistic matters in Antarctica, management plans for Specially Protected Areas, coordination of Antarctic data, hydrographic charting, air safety in Antarctica and code of conduct for use of animals for scientific purposes in Antarctica were some of the major issues on the agenda of SCAR. Specific recommendations concerning protection of geological specimens, scientific cooperation, introduction of indigenous species, hydrographic charting etc. were adopted at this meeting.
A representative of the Indian National Science Academy participated in this meeting.
9.5 Council of Managers of National Antarctic Programme (COMNAP)
The various national programmes of science and support activities in Antarctica are conducted in accordance with the purposes and principles of the Antarctic Treaty and reflect the diversity, cohesion and relevance that are hallmarks of treaty system. The national programmes have traditionally been conducted so as to be consistent with recommendations and measures adopted by the Consultative Parties. With the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in October 1991 which accords priority for scientific research, including research essential to the understanding of Antarctic environment, the emphasis is gradually shifting to the implementation of the Protocol even before it has entered into force. The Council of Managers of National Antarctic Programme (COMNAP) and its Standing Committee on Antarctic Logistic and Operations (SCALOP) at its annual meeting held in June 1992 in Bariloche, Argentina, considered matters relating to environmental monitoring, inspection system under the Antarctic Treaty, tourism and non-governmental activities, logistic cooperation, information exchange and reporting requirements, regional contingency planning, air-safety, waste management etc. The meeting evolved practical guidelines aimed at providing the Managers of National Antarctic Programme with an explicit and concise mechanism for the implementation of environmental assessment procedures. The guidelines are also meant to provide insights into the types of information that should be gathered and analysed for purposes of environmental assessment to support environmental decision making. The Council recognised the difficult challenge of designing and implementing the environmental monitoring programmes in Antarctica as well as the costs involved.
India was represented at this meeting. Subsequently the report of the COMNAP was also considered by the XVII Antarctic Treaty Consultative Meeting held in Venice in November 1992.
9.6 Convention on the Conservation of Antarctic Marine Living Resources ( CCAMLR)
The Eleventh annual meeting of the Commission and of the Scientific Committee under the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) was held in Hobart, Australia from 25 October to 6 November 1992. Twenty- eight States, of which 21 States including India are members of the Commission and 7 others who are not members of the Commission, participated in the meeting. The Department of Ocean Development was represented in the meetings of the CCAMLR. Matters relating to the exploitation, development and rational use of krill and other resources being fished in the Convention Area, ecosystem monitoring and management, establishment of conservation measures etc. were discussed at these meetings.
Currently krill is the most important species being fished in the Antarctic waters with a total catch of about 288,000 tonne during 1991-92 season. Estimates of global sustainable yield of krill vary greatly but compared to most conservative estimates the current level of catch is rather small. There is, however, concern that because fishing is concentrated in relatively small areas it could have an impact on krill predators which forage within these areas. The measures adopted by the Commission to carry krill fishery endeavour take account of these concerns. Although, India at present is not engaged in krill fishing, its Antarctic research programme includes a component on biological investigations in Antarctic waters.
Recently the Department has established a Task Force to explore the possibility of krill fishing, its economic viability and prepare a plan of work and suggest the infrastructure and facilities required for the same.
9.7 Intergovernmental Oceanographic Commission (IOC)
The Intergovernmental Oceanographic Commission (IOC) which was established within the United Nations Education, Scientific and Cultural Organisation (UNESCO), plays an important role in ocean sciences and service in regard to current developments such as the planning and implementation of global climate research programmes as well as management and protection of the marine environment. India is a member of the IOC and its Executive Council.
The representatives from India participated in the meeting of the Executive Council held in Paris from 10-18 March 1992. The Council considered matters relating to various scientific programmes, budget, training, education and mutual assistance in marine 'Sciences; development of regional programmes; inputs of IOC to the United Nations Conference on Environment and Development; implications of the UN Convention on the Law of the Sea etc. The question of mobilisation of greater resources for the IOC, continued development of Global Ocean Observing System (GOOS), inter-agency relationship and links, with international doner agencies etc. were discussed. The Council also considered the proposed international mechanism for Global Ocean Observing System which will include (i) climate monitoring, assessment and prediction, (ii) monitoring and assessment of marine living resources, (iii) coastal zone management and development, (iv) assessment and prediction of health of ocean, (v) marine meteorological and oceanographic services. The Council decided to establish an IOC Committee and Technical and Scientific Advisory Panel for GOOS for taking next steps for the implementation of the programme.
The initiative taken by the IOC in setting up of GOOS, which has implications for coastal zone programmes, was endorsed by the Earth Summit in June 1992.
9.8 Meeting of ESCAP Working Group on Marine Environment and Oceanographic Studies
The Working Group of ESCAP on Marine Environment and Oceanographic Studies met from 28 September to 3 October 1992 at Guangzhou, China. Department of Ocean Development was represented in this working group meetings. Strategies for management of marine and coastal environment and guidelines for the preparation and implementation of Coastal Environment Management Plan were discussed. The possibility of having a network of Ocean Observation Systems, particularly on Moored Data Buoys, at the regional/sub-regional level was also discussed. Interest was expressed by some experts in sharing data and information collected from their data buoys with neighbouring countries for the purpose of cyclone forecasting, disaster warning etc.