How
we stirred a storm and won the sea
Dr. Hiran W. Jayewardene, Secretary General of the Indian Ocean
Marine Affairs Co-operation (IOMAC) was in the forefront of a successful
bid by Sri Lanka to win a large sea area for the country more than
two decades ago.
"It
was a small but effective delegation," he says. Apart from
Dr. Jayewardene, who was the Special Advisor on the Law of the Sea,
the delegation included Karen Breckenridge, Christopher Pinto and
Susantha de Alwis.
In
1978, the Third UN Conference on the Law of the Sea which had started
its work in 1972 was attempting to resolve some of the "hard
core" issues that had defied resolution despite years of negotiations.
Dr.
Jayewardene said the conference was perhaps the most ambitious,
largest and long drawn out international negotiations in the history
of mankind as it dealt with three-fourth of the earth's surface
and involved the participation of almost all the countries of the
world. Some of the sessions were attended by thousands of delegates.
One
of the thorny issues was the "definition of the continental
margin". In April 1978, the Sri Lankan delegation formally
objected to the conclusion of a special negotiating committee headed
by Venezuela's Andres Aguilar.
The
objection halted the work of the committee and created a stir. Sri
Lanka's objection was based on equity and scientific facts, which
were later substantiated before the conference with comparative
information from continental margins from around the world.
Sri
Lanka demanded an exception to the new rule called "Irish Formula"
which was used as a ratio of distance and sediment thickness to
limit national claims to the continental margin and stood firm on
certain proposals which would have limited the country's right to
the sea area. And with successful arguments, Sri Lanka overcame
the maximum distance of 350 nautical miles limit set for continental
shelves of all countries, which resulted in the formulation of the
special exception later adopted unanimously by the entire conference
in 1981.
The
formal agreement was signed in 1982 bringing years of negotiations
to a successful end. The historic signing of United Nations Law
of the Sea Convention and Final Act of the UNCLOS Conference in
1982 under which Sri Lanka gained an additional 350,000 square miles
of seabed area. |