CURRENT INTELLIGENCE WEEKLY SUMMARY 13 FEBRUARY 1958 INTERNATIONAL CONFERENCE ON THE LAW OF THE SEA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00391R000200220014-0
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: July 10, 1998
• Sequence Number: 14
• Publication Date: February 13, 1958
• Content Type: SUMMARY

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CURRENT INTELLIGENCE WEEKLY SUM M, RY
1.3 February. 1958
INTERNATIONAL CONFERENCE ON THE LAW OF THE SEA
The divergent claims of
states over their adjacent sea
areas will be highlighted at
the International Conference on
the Law of the Sea at Geneva
beginning 24 February. The con-
ference, under United Nations
sponsorship, is being convened
to draw up agreements defining
numerous aspects of internation-
al maritime law. Representa-
tives of about 89 countries will
attend. The problem of the ex-
tent of "territorial sea," over
which a coastal state has full
sovereignty, will be,one of the
most difficult the conference
will attempt to solve.
Other subjects to be re-
viewed by the conference include:
methods of measuring territorial
waters, freedom of "innocent
passage" for ships and the reg-
ulation of such passage through
territorial waters, rights ex-
ercised by the coastal state in
the "contiguous zone" beyond
the territorial waters, extent
of the contiguous zone, regula-
tion of fishing and conserva-
tion of marine resources on the
high seas, jurisdiction over the
continental shelf, freedom of
movement for ships and aircraft
on and over the high seas, lay-
ing of cables and pipelines un-
der the high seas, nationality
status of ships, and policing
of the seas.
The three-nautical-mile
limit for territorial waters
has come under increasing attack
since the end of World War II.
Traditionally the principal
maritime countries--the United
Kingdom, the United States, and
Japan--have favored the three-
mile limit for the area of ex-
clusive national jurisdiction.
Aligned against these powers
are the countries with limited
maritime interests, countries
desiring exclusive control over
offshore marine resources, and
many of the new Afro-Asian
states. Of 62 coastal states
having definite policies, about
30 restrict their claims to
three miles. Several of these
30, however, are on the point of
making more extensive claims.
The Soviet Union has long
claimed a 12-mile limit and has
sought to close particular areas
beyond this limit along its
coasts. Several Soviet satel-
lites, together with about four
free world states, also claim
12 miles, and most of the Arab
states, Indonesia, and possibly
some other countries seem ready
to concur.
Maintenance of jurisdiction
over the contiguous zone beyond
the territorial waters has long
been practiced to prevent smug-
gling and for other purposes.
Now there is a tendency to ex-
tend the width of these zones
and to increase the type of con-
trol exercised over them. Some
countries have claimed partial
jurisdiction over areas ranging
up to a distance of 200 miles
offshore. Canada has proposed
that a zone 12 miles wide be
established for the control of
fisheries. Presumably the zone
would be divided between a three-
mile belt of territorial waters
and a nine-mile contiguous zone.
In view of the growing fre-
quency of more extensive claims,
it seems doubtful that the three-
mile principle will be accept-
able to the conferees. The
British are reported ready to
offer a compromise proposal,
posssibly of six miles, rather
than have the conference adopt
a 12-mile limit or fail to come
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CURRENT INTELLIGENCE WEEKLY SUMMARY
13.February 1958
to any agreement. The Soviet
bloc-will doubtless attempt to
exploit the differences between
those advocating the three-mile
limit and the other conference
members.
Czechoslovakia and Afghani-
stan called a preliminary meet-
ing of some 13 landlocked, states,
probably to influence their
views.on`,the territorial sea
question and other issues, al-
though the main interest of
,these states is in the question
of access to the sea.
Conflicting interests in
respect to territorial waters
have long given rise to num-
erous disputes, most recently
regarding the waters of the
'USSR, Indonesia Iceland, and
. the Gulf of Aqaba .
Following Czarist prece-
dents', the? Soviet Union forma
lined its, claim to sovereignty
UNCLASSIFIED
1 9 FEBRUARY 1968
over a 12-mile zone. After
World War II.the USSR became
embroiled with Sweden and Den-
mark when it extended its 12"
mile claim to the Baltic coast,
where three- and four-mile'limits.
had previously been recognized.
It has also claimed 'the waters
of the Bering'Sea and'Strait
from the Siberian mainland
_ Use We `T rg
12-6le limit !Rog
Ifenho 11
r~T O 1
r9 r"
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CURRENT INTELLIGENCE WEEKLY UEZMJ R
13 February 1958
eastward'to the line defined in
the Alaska Purchase Treaty of
1867. There are indications
that the USSR regards the Arctic
Ocean from the coast to the
North Pole--particularly the Kara,
Laptev, and East Siberian Seas--
as within its jurisdiction.
The USSR has several times
attempted without success to
secure Japanese assent to clos-
ing the Sea of Japan to naval
vessels of those countries not
bordering on the sea. Semioffi-
cially, the Russians have de-
scribed the Sea of Okhotsk as
a "great bay" surrounded by So-
viet territory that should be
closed to outside ships and
aircraft, a view aimed partic-
ularly. at Japanese fishing,
fleets..., The latest move to ex_~
clude foreign vessels and air-i
craft from Par Eastern waters
occurred on 31 July 1957 with
the closing of Peter the Great
on geographic, historic, eco-
nomic, and security grounds.
Indonesia
The Indonesian Council of
Ministers announced proposed
legislation on 13 December 1957
defining all waters around the
islands comprising the republic
as "national waters" under Indo-
nesian sovereignty. Indonesia's
territorial sea would also be
extended outward 12 nautical
miles, from "straight base
lines," drawn to connect the
outermost points of the islands.
The straight-base--line method,
differing from the method of
following coastal irregulari-
ties, was given qualified ap-
.proval by the International
Court of Justice in the Anglo-
Norwegian fisheries case in
1951. Little opposition is ex-
pected to passage of the legis-
lation by the Indo-
nesian Parliament.
The Indonesian
legislation would pro-
vide the limited fleet
of Indonesian patrol
vessels with a 'legal
basis for controlling
smuggling and unauthor-
ized barter trade now
plaguing, the central
government. Indonesia
will defend its posi
tion before the Geneva
conference.
Bay near Vladivostok, site of
the-Soviet Pacific Fleet head-
quarters. The USSR, in reject-
ing protests by Japan, the UK,
and the United States, claimed
in January 1958 that the bay
was part of its internal waters
The proposed leg-
islation constitutes a,
radical departure from
the Dutch ordinance providing
a~three-mile limit around indi-
vidual islands. Large expanses
of water and strategic passages
such as the Java Sea, Banda Sea,
Makassar Strait,. and Sunda
Strait--heretofore considered
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CURRENT INTELLIGENCE WEEKLY SUMMARY
13 February 1958
international waters--would be-
come Indonesian "national wa-
ters." Several European gov-
ernments, Australia, and the
United States have protested
the move. Canada, mindful of
its islands in the Arctic, has
refrained from protesting. Al-
though the new law would guar-
antee-passage for
foreign vessels on
lawful missions, the
protesting states
point to it as an
interference with
freedom of navigation
on the high seas.
Iceland
In May 1952,
following the ICJ
decision in the An-
glo-Norwegian fish-
eries case, the Ice-
landic Government
established a zone
barred to foreign
the dispute until 1956, when it
was agreed that specified
amounts of Ice land' o f isr:i could
be landed in Britain. Iceland
still maintains its right to
exclusive jurisdiction over its
adjacent seas, and will probably
extend its .f ishings limits
if the Geneva conference
A T A !s T1 C O C E AN
fishing vessels which
extends four miles seaward from
straight base lines drawn from
outermost points of coasts, is-
lands, and rocks and across the
openings of bays. Since the
coast of Iceland is quite ir-
regular, this action resulted
in the restriction of large wa-
ter areas.
Iceland in 1949 denounced
a 1901 treaty whereby British
vessels were allowed fishing
rights within a three-mile zone.
The Icelandic, action was pro
.tested by the United Kingdom
and other States, and a ban was
imposed on the importation of
Iceland's fish into British mar-
kets.' This move was temporarily
disastrous for the Icelandic
economy and forced a search for
alternate markets in Italy, the
United States, and the USSR.
No compromise was reached in
Four-mile limit
---Be Se line
13 FEBRUARY 1958
UNCLASSIFIED
24875
does not meet its minimum re-
quirements.
Gulf of Aqaba
. The problem of the; Gulf
of Aqaba involves, the issue of
freedom of navigation in a nar-
row arm of the sea. Although
Egypt, Saudi Arabia, and Israel
to date claim a six-mile limit
and the Arab states may extend.:
'their claims to 12 miles in the
`future, these claims are of lit-
tle consequence since the stra-
tegic southern entrance through
the Strait of Tiran is only
about four miles wide. and the
northern end of the gulf border-
ing Israel and Jordan narrows
to less than four miles. The
Strait of Tiran is bordered by
the Egyptian mainland and by
Tiran Island, which is claimed
-by. Saudi Arabia.
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 CURRENT INTELLIGENCE WEEKLY SUR,y
13 February. 1958
Egypt and Saud-? Arabia
assert the gulf should be
divided equally between them
and that the entrance itself
is not international waters,a
contention made only since the
founding of Israel in order to
isolate the Israeli port of
Eclat. Britain.and the US main-
tain that the gulf and its en-
trance are international wa-
ters.
By the Egyptian-Israeli
General Armistice Agreement of
1949, Israeli naval vessels
were excluded from waters with-
in three miles of Egyptian ter-
ritory, a coadition which is
a licable to the Gulf of Aqaba..
Saudi off 1.c Lacs state' that
ships of all nations except
Israel and the United States
now obtain entry clearance when
approaching the Strait of Tiran.
Recent passages by vessels that
have failed to request clear-
ance have not been stopped be-
cause of the acknowledged in-
effectiveness of Saudi troops,
the presence of units of the
United Nations Emergency Force
stationed along the Strait of
Tiran, and the proximity of
Israeli and American armed
forces. Territorial rights in
the waters at the head of the
gulf are complicated by vary-
ing definitions of the Israeli-
Jordanian and Jordanian -
Saudi Arabian boundaries.
(Prepared.. by ORR)
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O MILES 2I
13 FEBRUARY 1958
UNCLASSIFIED
24876
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