Law of the Sea

Mahon Hayes

Description

The Third UN Conference on the Law of the Sea defined the rights and duties of nations in the use of the world's oceans. Henry Kissinger called it 'One of the most significant negotiations in diplomatic history'. It ran from 1973 to 1982 and assembled over 150 nations. Ireland played a key role in achieving international consensus on many of the intractable issues addressed, and this book is the first to present a narrative account of the conference from the point of view of the Irish. It presents a case study of how a small but effective delegation developed and executed its national marine policy in a large forum with a complex and comprehensive agenda. It shows how Ireland became the third largest country in the European Union after the ratification of the Law of the Sea (UNCLOS ) in 1996. Irish diplomats won for Ireland exclusive rights to oil, gas, mineral, wind and wave energy and all natural resources of the seabed for an area ten times bigger than Ireland. The author, the late distinguished diplomat Mahon Hayes, led the Irish delegation to the Law of the Sea conference and was centrally involved in the negotiations.

Sujets

• Droit et juridique
• International law
• Law of the sea
• Ireland
• Stephen Ireland

Informations

• Publié par: Royal Irish Academy
• Date de parution: 11 octobre 2011
• Nombre de lectures: 1
• EAN13: 9781908997005
• Langue: English

Extrait

THE LAW OF THE SEA
The role of the Irish delegation at the Third UN Conference
Mahon Hayes
CONTENTS
Acknowledgements
Foreword
Preface Chapter I Background Chapter II The Delegation Chapter III Preparations and primary instructions Chapter IV First Session Chapter V Second Session Chapter VI Third Session Chapter VII Fourth Session Chapter VIII Fifth Session Chapter IX Sixth Session Chapter X Seventh Session Chapter XI Eighth Session Chapter XII Ninth Session Chapter XIII Tenth Session—first part Chapter XIV Tenth Session—second part Chapter XV Eleventh Session—first part Chapter XVI Eleventh Session—resumed Chapter XVII Signature Session Chapter XVIII Conclusion
Annex 1: Guide to the Conference sessions
Annex 2: Guide to the groups
Further reading
Abbreviations
ACKNOWLEDGMENTS
Since venturing to write this memoir on the role of the Irish delegation at the Third United Nations Conference on the Law of the Sea I have enjoyed encouragement and assistance from many sources, and I would like to acknowledge at least some of them.
I deeply appreciate that I was given access to the relevant Department of Foreign Affairs archives, without which I could not have undertaken the task. In this respect, Patricia O’Brien, then Legal Adviser in the Department (now Legal Counsel to the United Nations), was immediately enthusiastic about my suggestion regarding the memoir. She then pursued on my behalf the granting, not only of the necessary permission in regard to the archives, but also the use of office space to facilitate their perusal. The then Secretary-General of the Department graciously acceded to these requests.
Several other officers of the legal division were extremely helpful in different ways (not least, in some cases, in providing patient assistance in regard to information technology, on which I was, and am, a novice). These included James Kingston, Declan Smyth (who was particularly generous with his time), Naomi Burke, Nuala Ní Mhuircheartaigh, Lisa Walshe, Paul Johnson and Ann Spollen.
A special word of thanks is due to Maureen Sweeney (formerly Keane). It was a huge advantage to me that she was in charge of the relevant files in the archives when I undertook my researches. As an official in the legal division at the time of the Conference and administrative assistant to the Irish delegation at most of the sessions, she was fully familiar with the subject and the documentation and ensured that all the relevant files were identified and made available.
Several of my colleagues in the Irish delegation encouraged the venture and were most helpful both in their advice and in filling gaps in my knowledge and recollections. These included Brendan Finucane (formerly of the Department of Finance and the National Board of Science and Technology), Piers Gardiner (formerly of the Geological Survey of Ireland), Geraldine Skinner and Paul Dempsey (both formerly of the Department of Foreign Affairs), and Agnes Aylward (formerly Breathnach and of the Taoiseach’s Department). They all read early drafts, on which their comments were most useful, and continued to offer helpful observations. Time and mortality deprived me of the opportunity of seeking similar assistance from Con Cremin, James Kirwan, Raphael Siev and Aidan Mulloy (all from the Department of Foreign Affairs), Seamus Mallon (from Fisheries) and Colm Ó hEocha (from University College Galway and the National Science Council). All were valued friends whose absence I deeply regret for more important and personal reasons than that I could not avail of their help. I consulted some other delegates on specific details but was unable to reach several others for various reasons.
I appreciate the granting of access to the UCD Library and the helpfulness of the Library Staff, including my niece Karen Hayes. My first draft was read by my daughter Loraine Hayes, who has experience of writing and publishing articles on legal subjects. I valued her comments and suggestions and reassuring assessment that the work was both readable and interesting.
When I first envisaged this undertaking I did not have publication in mind. In fact my reaction was just that when Patricia O’Brien raised the question, and it was only when she pressed the point that I responded that consideration of publication was at least premature at that stage. I was subsequently persuaded to a more positive reaction by her urging and that of several of my colleagues, but particularly by Professor Ronan Long of the National University of Ireland, Galway (NUIG) and Micheál Ó Cinnéide of the Marine Institute (formerly of the Department of Foreign Affairs and briefly a member of the delegation at the Conference). I met both at a seminar on the law of the sea in Dublin and was invited to address the students at the Institute. Since then Ronan Long has been a tower of support, furnishing most useful comments on my draft, steering me through the maze of procedures leading to publication, persuading NUIG to grant the necessary funding and constantly encouraging me. I am most grateful to the Royal Irish Academy for its decision to undertake publication, as suggested by Ronan Long and on the basis of its own assessment; and to NUIG for providing the necessary funding. I thank also Ruth Hegarty, Helena King and Roisín Jones of the Academy’s publications staff, for their considerate and helpful attitude during this process. Again I thank the Department of Foreign Affairs, more specifically the Minister, for permitting publication, and the Secretary-General, David Cooney, for his role in the lead-up to this decision. I greatly appreciate that Satya Nandan, a very significant personality at the Conference and in his subsequent United Nations appointments, acceded so kindly to my request to write the Foreword to this document.
Last but not least my family, my wife Kathleen and our children Carolyn, Fiona, Loraine and Frank. In the 1970s when the Conference was in full spate our children were teenagers and younger. My long absences from home to attend the Conference sessions and other events were presumably a burden on them all, if in different ways. Kathleen was left to cope alone for lengthy periods with all the household demands and the children’s needs. I perhaps flatter myself that the children were conscious of neglect by their father. While my absence must have had some impact, I am glad to be able to say that their later development did not suggest any long-term damage. More recently Kathleen had to tolerate my preoccupation with the task of preparing this memoir, and Loraine lent me the benefit of her proof reading skills at the early stage and her lawyer’s assessment of the coherence and readability of the text. To all five I tender my regrets for neglecting them and my thanks for their constant and invaluable support.
FOREWORD
This is an important treatise in which Ambassador Mahon Hayes has provided an account of the participation of the Irish delegation in the Third United Nations Conference on the Law of the Sea. In doing so he has made a significant contribution to the literature on the negotiating history of this important Conference that concluded with the adoption of the 1982 United Nations Convention on the Law of the Sea. The Convention is an important contribution to the rule of law and forms the basis of the modern legal framework for ocean governance. It has provided clarity, certainty and stability to the international law of the sea. Its widespread acceptance and application in state practice has earned it a place as one of the great achievements of the international community. It sets out principles and norms for the conduct of relations among states on maritime issues and in this way has made an immense contribution to the system for global peace and security of which the Charter of the United Nations is the foundation.
This treatise provides an important case study of how a small but effective delegation from a relatively small country planned, participated and pursued its national interests in what were difficult and protracted negotiations. The reader is presented with a rare insight into the internal processes of a country preparing for a major multilateral conference and the development and execution of national marine policy in one of the largest conferences with a complex and comprehensive agenda, the final outcome of which would change the political geography of nations and the world at large.
The study recounts the internal processes, which began with coordination meetings involving all government departments having competence in ocean-related matters. The law of the sea is multifaceted and deals with diverse issues, which are multidisciplinary in nature and therefore required input from experts in different fields. We are informed that the coordination involved the identification of issues of national interest for Ireland and the development of recommendations for policy decisions by government. The importance of selecting a competent delegation and ensuring at the national level that all key departments are adequately represented is highlighted.
The next phase is the actual participation in the Conference itself and the promotion of the national policy on a number of issues of critical interest to the country. The reader is provided with a narrative of the negotiating process covering more than twelve years, which includes three years of the preparatory phase. Ambassador Hayes was intimately involved in the preparation of national policies and in the negotiations at the Conference, eventually as leader of the Irish delegation. He has provided the reader with a fairly detailed session by session account from the perspective of the Irish delegation of the developments relating to some of the key issues at the Conference.
The negotiating process at the Conference was complex. As indicated in the text, the negotiations and discussions were held in diverse settings an