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PART X - NON-PARTIES TO THIS AGREEMENT

For Article 33, on Non-parties to this Agreement, the Chair proposed substituting "prevent" for "deter" to be consistent with Article 17(4), but Japan disagreed that "prevent" had been agreed upon earlier and requested that "deter" be retained. The Republic of Korea preferred "discourage," and Canada, supported by Peru, argued that agreement had been reached and that "prevent" reflects a concern for conservation measures. Iceland, supported by Canada, India and the Russian Federation, suggested specifying that "vessels" refer to those which are not Parties to this Agreement. India questioned a reference to international law, and recommended a reference to UNCLOS and this Agreement. Japan expressed concern that the article could lead to abuse by State parties and proposed adding "Nothing in this agreement shall effect the rights and obligations of non-Parties under other agreements or international law." New Zealand, supported by Papua New Guinea, Peru, Iceland, the US, Uruguay and Canada noted that this concern was covered in Articles 4 and 43. Japan reiterated that the proposal referred only to non-Parties, but the Russian Federation, Poland and Argentina stated that the Agreement cannot effect the rights of non-Parties. Israel stated that the article's two sentences should be two separate paragraphs and that the article should precede Article 32.

The Chair summarized the debate: Israel's suggestion will be incorporated; the reference to non-Parties will not be included because non-Parties are not bound by the Agreement; the article will include "deter", which is not covered under UNCLOS, thereby requiring a reference to international law.