Views of the Government of the Federated States of Micronesia on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction Submitted: 14 March 2016

Introduction 

1. In a letter dated 18 December 2015, H.E. Mr. Eden Charles of Trinidad and Tobago, Chair of the Preparatory Committee established by United Nations General Assembly resolution 69/292, invited delegations to submit views on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ instrument). The Government of the Federated States of Micronesia (FSM)—a Member of the United Nations and a State Party to UNCLOS—welcomes this opportunity to present its views in response to Ambassador Charles’s invitation. This paper discusses the FSM’s views on the four issue areas comprising the so-called “package deal” adopted by delegations in 2011 as necessary elements of a future BBNJ instrument. This paper also discusses additional elements related to the four issue areas of the 2011 package deal.
2. As a preliminary matter, the FSM notes that as a small island developing State (SIDS) with a sizable exclusive economic zone (EEZ) abutting several expansive areas beyond national jurisdiction (ABNJs) in the Pacific Ocean, the FSM has moral (if not legal) standing to advocate for and ensure the proper conservation and sustainable use of the rich marine biological diversity of ABNJs for the benefit of present and future generations of humankind. When the ancestors of the indigenous people of the FSM first settled the hundreds of islands and atolls of the FSM centuries ago, they did so through brave, harrowing seafaring voyages across the vast Pacific Ocean. Using the stars, waves, and the creatures of the Ocean as guides and sources of sustenance, the ancestors of the people of the FSM voyaged where few had ventured before and began a new era of human civilization in the Pacific. The people of the FSM are people of the Ocean. The Ocean is our most precious natural resource, our guardian and guide, and our ancient heritage which we are obligated to protect and bequeath whole to future generations. A robust, far-reaching BBNJ instrument will be a central component for honoring that fundamental obligation.