THIRTY-FIFTH MEETING OF STATES PARTIES TO THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Statement by Laura McIlhenny, First Secretary and Legal Adviser of Australia to the United Nations
25 June 2025
Thank you, President.
Australia aligns itself with the statement delivered by Tonga on behalf of the Pacific Islands Forum (PIF) members and we make these additional remarks in our national capacity.
More than 30 years on since its entry into force, the United Nations Convention on the Law of the Sea continues to provide the comprehensive legal framework within which all activities in the ocean and seas must be carried out.
With the challenges facing us in the maritime sphere, maintaining the integrity of the Convention is more important than ever. The Convention, as the constitution for the ocean,establishes a foundation for a peaceful, stable and prosperous maritime domain by ensuring all countries are operating by the same rules.
Australia is committed to working constructively with all States within the robust framework of the Convention to address the challenges we face with respect to the ocean.
I would like to take this opportunity to highlight four examples of Australia’s commitment to the full and effective implementation of the Convention.
First, Australia affirms our steadfast support for the Convention’s rules and institutions.
We call on all States to respect the rights and freedoms contained in the Convention and perform their obligations in good faith.
We reject excessive and unlawful maritime claims that are inconsistent with UNCLOS.
We recognise the essential role of the International Tribunal for the Law of the Sea in the clarification of the international law of the sea, as set out in the Convention.
We also recognise the importance of the compulsory procedures in UNCLOS Part XV, Section 2, for the peaceful settlement of disputes. We call upon all parties to any such proceedings to comply with final and binding decisions of the Court or tribunal.
We recognise the Commission on the Limits of the Continental Shelf’s important contribution to the certainty and predictability of our ocean regime.
As a member of the International Seabed Authority Council, Australia is actively working to conclude a robust regulatory framework before any mining of the deep seabed beyond national jurisdiction goes ahead. The Authority has the exclusive mandate to regulate deep seabed mining in areas beyond national jurisdiction. It is more important than ever that States conclude this regulatory framework.
Second, with more than half of its ocean under protection (52 per cent), Australia is a global leader in marine conservation.
The adoption of the BBNJ Agreement – the third implementing agreement of the Convention – was a triumph for the conservation and sustainable use of marine biodiversity and a demonstration of the international community’s commitment to ocean protection. The BBNJ Agreement demonstrates the agility of the Convention as the comprehensive legal framework for addressing the most pressing challenges we face with respect to the ocean.
Australia is proud to be co-chairing the BBNJ Preparatory Commission with Belize and we were pleased by States’ constructive engagement at the first meeting in April. We look forward to continuing to work together towards the entry into force of the Agreement and the first meeting of the Conference of the Parties.
The Agreement will help to progress the Kunming Montreal Global Biodiversity Framework commitment to protect 30 per cent of the world’s coastal and marine areas by 2030. We were delighted to see progress towards reaching 60 ratifications of the Agreement at the third UN Ocean Conference (UNOC) earlier this month, and to announce at that Conference Australia’s plans to introduce our domestic enabling and implementing legislation later this year and to ratify the Agreement as soon as possible after that.
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Australia was also pleased to co-facilitate, with Cabo Verde, the political declaration for UNOC, driving momentum towards SDG14.
Third, as a member of the PIF, Australia is committed to a peaceful, stable and prosperous Blue Pacific.
Nowhere is the climate threat more profound than in the Pacific and for Small Island States. Pacific voices have demonstrated sustained, clear and innovative leadership on climate, as well as tremendous resilience.
We want to help tell that story through hosting COP31 (UNFCCC) in partnership with the Pacific. We want to show the world the unique climate challenges facing our region and amplify the voices of the custodians of our world’s ocean.
Australia acknowledges the role of the Convention in addressing climate change and commends the leadership of the Pacific on addressing sea-level rise. We encourage States to support the interpretation of the Convention as set out in the PIF Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-Level Rise.
Australia also encourages States to support the PIF Declaration on Statehood and the Protection of Persons in the Face of Climate Change-related Sea-Level Rise. We welcome the work of the International Law Commission on “Sea-Level Rise in relation to International Law”.
Fourth, we recognise the importance of the connection and vast knowledge of First Nations people as stewards of the ocean.
As Traditional Custodians of Country throughout Australia, First Nations people have a profound and enduring connection with sea Country, which is central to cultural and spiritual identity, social and economic life, and wellbeing.