New york: Cyprus highlighted the critical importance of fully respecting the UN Convention of the Law of the Seas (UNCLOS) during a presentation before the Sixth Committee of the United Nations General Assembly. Addressing the committee as the Head of the Department of International Law at the Law Office of the Republic of Cyprus, Mary-Ann Stavrinides underscored that UNCLOS serves as the legal framework guiding all oceanic and maritime activities.
According to Cyprus News Agency, Stavrinides praised the inclusion of new topics in the International Law Commission’s program, specifically ‘compensation for damage caused by internationally wrongful acts’ and ‘due diligence in international law’. She emphasized the need for studies to align with the Articles on the Responsibility of States for Internationally Wrongful Acts, particularly Article 36.
Addressing the issue of sea-level rise, Stavrinides highlighted its fundamental importance, especially for low-lying coastal states and small island nations like Cyp
rus, which face direct impacts from climate-induced changes. She pointed out the severe consequences these changes pose to territory and sovereignty, noting the International Court of Justice’s acknowledgment of the far-reaching effects of climate change as an existential threat.
Cyprus advocates for a contemporary interpretation of international law that preserves existing rights and maintains legal stability. Stavrinides stated that no rule prevents states from preserving existing baselines legally established, stressing that Article 62 of the Vienna Convention on the Law of Treaties does not apply to maritime delimitation agreements. She also noted that the ICJ has confirmed that states are not required to update geographical charts, rendering any additional interpretative statements unnecessary.
On the matter of statehood, Stavrinides underlined the importance of legal stability, security, and territorial integrity. She cited the ICJ’s finding that the disappearance of a state’s constituent elements doe
s not necessarily lead to the loss of statehood. Cyprus supports the Study Group’s conclusion that states can take necessary measures to preserve their statehood, sovereignty, and maritime entitlements.
Regarding the right of self-determination, Stavrinides stressed the need to maintain the historical and legal context of this right, traditionally applied to colonial or foreign occupation situations.
In discussing general principles of law under Article 38(1) of the ICJ Statute, Stavrinides emphasized that norms can coexist across different legal sources without blurring their distinctions. She rejected extending the ‘persistent objector’ rule to general principles, as it lacks state practice support and offers no practical benefit. Cyprus agreed with the Special Rapporteur that such an extension should be avoided.
Stavrinides concluded by congratulating the International Law Commission and the Special Rapporteur for their exemplary work and expressed hope for ongoing constructive dialogue on these critic
al issues.