Mr. Chairman,

- I have the honour to speak on behalf of the Group of 77 and China on agenda item 7 regarding theconsideration of the guiding approaches and principles of an international legally binding instrument.

- The Group of 77 and China welcomes this agenda item as we believe that the identification of relevant guiding approaches and principles of the new instrument is prerequisite for identifying and defining obligations and rights to be included in the new instrument.

Mr. Chairman,

- The Group of 77 and China is well aware that the objective of the new international instrument to be developed under the United Nations Convention on the Law of the Sea (UNCLOS) would be both to conserve and to sustainably use the marine biodiversity.The consideration on the guiding approaches is therefore critical as the approaches and principles to be adopted will cut across possible issues of the instrument. The challenge is how to well balance between different principles and approaches.
- At this stage, it is also imperative to achieve a common underst
anding at the very beginning on what can fall within the category of guiding approaches and principles.

Mr. Chairman,

- The Group of 77 and China is of the view that the guiding principles and approaches of a new instrument can be drawn from the relevant principles in the United Nations Convention on the Law of the Sea such as the common heritage of mankind which governs the Area and its resources as well as the freedom of the high seas of which the exercise is subject to the conditions laid down by the Convention as well as other rights, responsibilities and obligations under the Convention.

- For the Group of 77 and China, it is important that the new instrument is based on this important principle of common heritage of mankind as enshrined in the UNCLOS and in the General Assembly resolution 2479. To this end, it is important to reflect on its ratione loci and ratione materiae in scope and extent.

- Furthermore, other guiding principles, including the science-based approach, can be drawn from the general obligation of protection and preservation of the marine environment under UNCLOS.

Mr. Chairman,

- Other principles and approaches that can be drawn from other relevant instruments are the precautionary and ecosystem approaches which are also recognized, by the outcome of the United Nations Conference on Sustainable Development (Rio+20), entitled "The future we want" in 2012, as instrumental to the management, in accordance with international law, of activities having an impact on the marine environment.

- Furthermore, some basic principles of governance in the context of the implementation of sustainable development such as transparency, public participation and accountability would also be relevant in the context of the operationalization of the measures or topics identified in the 2011 package.

- I thank you, Mr. Chairman.