LAW OF THE SEA COUNTRY STUDY INDONESIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100050001-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 43
• Document Creation Date: December 9, 2016
• Document Release Date: March 27, 2001
• Sequence Number: 1
• Publication Date: April 1, 1974
• Content Type: STUDY

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Secret
No Foreign Diesem
Law of the Sea Country Study
Indonesia
Secret
BGI LOS 74-5
April 1974
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from general declassification schedule
of E.O. 11652, exemption category:
? 5B(1), (2), and (3)
Automatically declassified on:
Date Impossible to Determine
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NO FOREIGN DISSEM
FOREWORD
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that 'cy,
PartII provides
asic data and information bearing on law of the sea matters.
This study was prepared by the Office of Basic and
Geographic Intelligence, was provided by
the Central Reference Seivt uie st.ucly was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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NO FOREIGN DISSEM
CONTENTS
Part I - Law of the Sea Analysis
Summary 1
Factors Influencing Policy 1
Law of the Sea Policy 4
Ke Polic Makers LOS Negotiators and Advisors 10
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Part II - Background Information
Basic Data 18
Present Ocean Claims 19
Conventions 21
Membership in Organizations related to LOS Interests 21
Action on Significant UN Resolutions 22
ANNEX
Draft articles submitted by Indonesia to the Seabed Committee
Maps: Regional map
Theoretical Division of the World Seabed
Map A - Indonesia: Sovereign Waters Claim
Map B - Indonesia: Offshore Petroleum and Tin Producing Areas
Map C - Indonesia: Major Shipping Routes
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NO FOREIGN DISSEM
INDONESIA
Part I - Law of the Sea Analysis
A. SUMMARY
Indonesia, comprising several thousand islands
in a setting astride major world shipping routes,
is the leader of the world's archipelago nations
in lobbying for international acceptance of a
sovereignty definition that would include all of
the areas within the archipelago. The chief reasons
for advocating the archipelago concept of Indonesian
sovereignty are to maintain political control over
its vast island nation and to avoid confrontations
of the major powers in its seas. Indonesia already has uncontested
jurisdiction over the petroleum wealth on its continental shelf, and
an exclusive fishing or resources zone of 200 miles or more will also
give it jurisdiction over the abundance of marine life in its seas.
The archipelago claim, as it now stands, is not acceptable to the
United States because Indonesia insists that foreign warships sail
through the archipelago--including through traditionally inter-
national straits such as Malacca, Singapore, Sunda, Lombok, and
Makasar--under the regime of innocent passage, not free transit.
Indonesia, however, has recently indicated that it may be willing
to accept a transit regime less restrictive than innocent passage if
all warships sailing through the archipelago are confined to specified
sealanes. Indonesia, with oil resources on its continental shelf to
protect, has negotiated with its neighbors to establish seabed
boundaries between them; only the shelf boundary with South Vietnam
remains unresolved. The government feels that the coastal state should
have the right to assert some influence over activities in the high
seas contiguous to the zone under its jurisdiction, especially in
conserving fisheries, combating pollution, and conducting marine
research. Indonesia supports proposals for a deep seabed mining regime
but wants assurances that operations in the international zone will
not jeopardize those on its seabed.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Indonesia, the largest archipelago country in the world, comprises
several thousand islands spread over a sea area of 765,000 square
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nautical miles that extends about 1,000 miles from north to south
and about 3,400 miles from west to east. Total land area, which
includes some of the world's largest islands, is 735,000 square
miles. Indonesia's insularity has, in the past, retarded unity
and abetted outer island dissidence.
Indonesia is located athwart all maritime trade routes linking
Europe, the Middle East, Africa, and South Asia with East Asia, as
well as those linking Australia with East Asia. Included in the
ship traffic through the Indonesian archipelago are supertankers
that carry the nearly 80 percent of Japan's crude oil supplied by
the Middle East and the warships of both the United States and
U.S.S.R. navies sailing between the Pacific and Indian Oceans.
Uses of the Sea
Resources -- Petroleum accounts for more than half of Indonesia's
foreign exchange earnings. While most of its petroleum exports have
to date come from Sumatra, most exploration since the late 1960's
has been offshore; about 14 percent of its total production now comes
from offshore fields in the southwestern Java Sea and from the
Makasar Strait. All offshore production and current exploration is
on Indonesia's contiguous continental shelf and all of its 300 million
barrels of proven recoverable offshore reserves are on the shelf.
Tin, which accounts for only about 5% of Indonesia's export
earnings, is the only metallic mineral to be mined from Indonesia's
seabed. Production in 1972 was 21,734 metric tons of concentrate,
nearly all from the islands of Bangka, Billiton, and Singkep and
nearby sectors of the continental shelf. All known offshore tin
deposits are on the shelf.
The shallow seas in the western part of the archipelago are
unusually rich in a variety of fish and crustaceans, including
shrimp; the deep seas of the east are teeming with tuna. The
official 1971 fish catch by the domestic maritime fishing fleet
was 1,226,800 metric tons. In addition, large quantities of
shrimp and tuna were caught by foreign fleets. Shrimp and tuna
are the principal seafood exports.
During the 1960's Indonesia confiscated a number of foreign
fishing vessels in its eastern seas, charging that foreign fisher-
men were violating its sovereignty and exhausting its resources.
To put an end to the seizures, bilateral agreements were signed
with several countries, including Japan, South Korea, the Philip-
pines, Singapore, Norway, and Kuwait. Fishing concession blocks
were granted, and the foreign fleets assessed annual license fees.
The fishing agreements are, in effect, payoffs to stop Indonesian
harassment of the fleets since most of the signatory countries do
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not recognize Indonesia's archipelago definition of its sovereignty,
which encloses all of the eastern seas in which their fleets are
fishing.
Only the waters of eastern Indonesia, which are nearly every-
where more than 200 meters deep, cover seabed resources not, by the
1958 Continental Shelf Convention, under Indonesia's uncontested
jurisdiction. Depths here plunge to more than 7,000 meters. Although
oil exploration concession blocks do extend into these deep water
areas, the seabeds are too deep for present drilling technology. As
improved drilling methods make the exploration of deep sea petroleum
deposits profitable, however, exploration may well extend into the
deep seas of the east. There are no prospects for the mining of any
metallic minerals at depths greater than 200 meters.
Marine Transport -- Shipping is the most important means of
interisland and intraisland movement of passengers and freight in
Indonesia. The domestic merchant fleet is, however, inadequate to
meet the country's need for economic development. The fleet consists
of only 161 ships larger than 1,000 g.r.t. -- mostly old and slow
and many of them out of service at any one time. Domestic shipping
lanes are centered on Java where the nation's two most important
ports, Tandjungpriok and Surabaja, are located; in most other parts
of the country, port facilities are poor and service infrequent.
President Suharto has stressed the need to improve sea communications.
The Navy -- The Indonesian Navy, the largest indigenous maritime
force in Southeast Asia, is charged with defense of the country's
coasts and territorial waters, protection of maritime trade, and
assistance in maintaining internal security. Despite its relative
size, its ship inventory is small, its ship maintenance poor, and
its combat effectiveness low. Because of these deficiencies, the
Navy is incapable of adequately carrying out any of its missions.
Political, Military, and Economic Factors
Since its suppression of the Communist Party (PKI) coup attempt
in 1965, the Indonesian Army under General Suharto has restored
political and economic stability. The PKI, previously the nation's
most powerful political organization, has been outlawed and ruthlessly
suppressed. Indonesia has renewed its political and economic ties with
western nations, resumed active participation in the United Nations,
and taken a leading role in Southeast Asian regional affairs. The
Association of Southeast Asian Nations (ASEAN), formed in 1967 with
Thailand, Malaysia, Singapore, and the Philippines also as members, is
the major vehicle for regional cooperation. Regional security, however,
continues to be promoted primarily through bilateral military
assistance, training, and intelligence exchange programs.
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Ties with Malaysia have grown particularly close since the end of
the Indonesian-Malaysian "confrontation" in 1966. Malaysia may fear,
however, that Indonesia will insist that Malaysian ships sailing
between West Malaysia and East Malaysia through waters within
Indonesia's archipelago claim must do so under a restrictive
transit regime. Such insistence could seriously impair the current
friendly relations between the two countries. Racial antagonisms and
differences over key LOS issues mar otherwise proper relations with
Singapore. Relations with the Philippines are cordial but, except for
their sharing of archipelago definitions of their sovereignty, are not
close.
Except for squabbles over transit of ships of the 7th Fleet through
the Malacca Strait without prior notification, generally relations
with the United States have been excellent in recent years. The United
States has been the largest contributor of foreign aid to Indonesia
and has led other western nations, Japan, and Australia in rescheduling
its debts amassed during the Sukarno era. Relations with most communist
countries, on the other hand, have been cool. With a sizable Chinese
minority that the government regards as a subversive threat, Indonesia
considers the People's Republic of China (PRC) to be the major long-
range threat to its security. Diplomatic relations were suspended in
1967. Although diplomatic relations with the U.S.S.R. have been
retained, economic and political ties have been drastically slashed
since the PKI coup attempt.
C. LAW OF THE SEA POLICY
The Archipelago Concept and the Territorial Sea
The archipelago concept is the cornerstone of Indonesia's LOS
policy. Indonesia claims jurisdiction over all seas, seabeds, sub-
soil, and superjacent airspace within a perimeter formed by 8,168
nautical miles of baselines drawn between 194 points on its outer-
most islands. The government is firmly and publicly committed to
the claim, and there are no indications that it will develop a more
flexible negotiating position at the Caracas Conference. Acceptance
of the concept will be Indonesia's principal goal at the Conference.
Indonesia inherited a territorial sea of 3-mile zones around
individual islands from the Netherlands East Indies colonial govern-
ment at the time of independence after World War II. In December 1957
Indonesia advanced its claim to sovereignty over all the archipelago
seas and superjacent airspace, claiming that such a narrow and frag-
mented territorial sea was not in accordance with the unity -- land
and sea -- of the archipelago. This unilateral declaration, ratified
in a Government Regulation issued in February 1960, also set the
width of the territorial sea outside the baselines at 12 miles.
Indonesia is not a party to the 1958 Convention on the Territorial
Sea and the Contiguous Zone.
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Maintaining political unity in the face of rebellions in the outer
islands was a major consideration in the formulation of the archipelago
concept. Despite the lack of serious insurgent activity in the country
today, Indonesia still links internal security with sealane juris-
diction. It feels that any transit regime through the archipelago must
be designed in such a way as to protect sensitive areas. It has
specifically expressed fears of clandestine resupply of insurgents by
submarines. It also fears a major power confrontation in its waters,
especially if the United States and U.S.S.R. navies continue to expand
in the Indian Ocean and if the PRC expands its navy. Because juris-
diction over all resources in and under Indonesia's archipelago seas
will likely be granted at Caracas by the adoption of an exclusive
resources zone to at least 200 miles from its shores, Indonesia will
almost certainly emphasize the security issue rather than the resources
issue in negotiating for international acceptance of its sovereignty
claim.
Indonesia maintains that the archipelago principle was recognized
and approved by the International Court of Justice in the 1951 Anglo-
Norwegian fisheries case in which Norway drew baselines to maintain
the unity of its coastal islands. Indonesia further argues that
drawing baselines around mid-ocean island groups long has been an
international tradition. It claims that application of the archipelago
principle to an entire state is justifiable because international law
must consider the vital interests and historical, cultural, political,
and security conditions of a state in establishing rules or making
exceptions to rules.
Indonesia has been the leader among the world's archipelago nations
in unifying the views of these states and in advancing the archipelago
concept multilaterally at international forums. A joint Indonesian-
Philippines-Fiji statement that declared all waters, seabeds, subsoil,
and superjacent airspace within their respective baselines to belong
to the state but allowing innocent passage in accordance with national
legislation was presented in meetings of the Asian-African Legal
Consultative Committee in Geneva in July 1972. Draft articles were
submitted by the same states, along with Mauritius, to Subcommittee II
of the UN's Seabed Committee in August 1973. They defined the use of
straight baselines in outlining an archipelagic state, asserted the
state's sovereignty over its waters, seabeds, subsoil, and airspace
within those baselines, guaranteed the right of innocent passage, and
declared the right of the state to designate sealanes for the transit
of foreign vessels. Indonesia will act in concert with the other
archipelago states at the LOS Conference in lobbying for international
acceptance of the archipelago concept.
A major criticism of the archipelago concept by the major maritime
nations has been its lack of a precise definition of an archipelago.
The four archipelago nations, in their draft articles, define an
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archipelago only as "a group of islands and other natural features
which are so closely interrelated that the component islands and
other natural features form an intrinsic geographical, economic,
and political entity or which historically have been regarded as
such." A more definitive formula, according to Indonesian officials,
would have excluded one or more of the group. A formula advanced by
the United Kingdom is unacceptable to Indonesia because the maximum
length of baselines is only 48 nautical miles while some of Indonesia's
exceed that distance. Indonesia, however, has been more receptive to
a U.S. formula that limits the water-to-land ratio within construction
lines (baselines) to 5:1 and the construction lines to 80 nautical
miles, and has indicated that, if other archipelago countries agree,
Indonesia is favorable to such a definition.
Straits
There are a number of straits less than 24 miles wide that lie
partly or wholly within Indonesia's claimed archipelago waters,
including such strategic, heavily used, and traditionally international
passages as the Malacca Strait (shared with Malaysia), the Singapore
Strait (shared with Singapore), and Sunda and Lombok Straits. Indonesia
has insisted that the regime of passage through all of these straits
should be no different than that through other waters within the archi-
pelago. The major disagreement between the maritime powers and Indonesia
has been the latter's refusal to allow a free transit regime through its
claimed waters, including the straits; the government has argued that
the principle of innocent passage accommodates both sides. There have
been recent indications, however, that Indonesia may moderate its
stand on the strait's transit regime if the archipelago concept is
accepted at Caracas. Indonesia joined Cyprus, Greece, Malaysia, Morocco,
the Philippines, and Yemen in submitting draft articles on navigation
through the territorial sea, including straits used for international
navigation, in Subcommittee II of the UN Seabed Committee in March 1973.
Indonesia's assertion of sovereignty over the straits of its archi-
pelago has been most vigorously advanced in the case of the Malacca-
Singapore Straits. Long a vital link in the major maritime trade route
between the northern Indian Ocean and the Pacific, Indonesia and
Malaysia announced in November 1971 that the passageway was not an
international one and that, therefore, ships passing through it do so
under the right of innocent passage. Both countries have charged that
uncontrolled use of the Straits by foreign warships is a threat to
their security, that lack of controls over other ship traffic in the
Straits encourages smuggling and illegal immigration, and that use by
supertankers is a serious pollution threat. Despite the Indonesian-
Malaysian announcement, their demands for prior notification of the
movement of foreign warships through the waterway and their ban on
supertankers (larger than 200,000 d.w.t.) have gone unheeded.
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Nor' Transit Regimes
Indonesia, in accordance with its insistence that foreign war-
ships sail through the archipelago only under an innocent passage
regime, requests written prior notification for all such vessels
sailing through the archipelago. The United States provides only
oral notification for most Indonesian passages and does not offer
any notification when U.S. warships sail only through the Malacca-
Singapore passageway. Indonesia, in its negotiations for inter-
national acceptance of the archipelago concept, has suggested that
it wants to confine all foreign warships sailing through the archi-
pelago to certain corridors. This would go far to meet Indonesia's
security needs by permitting concentration of its limited maritime
security assets in areas of particular concern. It has neither
specified the corridors nor indicated what their widths will be.
They must, however, be defined so that they don't appear to divide
the country by high seas passageways; oil drilling or other such
economic activities must not be restricted in any way; the corridors
must avoid sensitive areas such as Buru Island where thousands of
PKI prisoners are incarcerated. While Indonesia may not demand
prior notification for each military vessel sailing through the
corridors, she undoubtedly will not accept high seas navigational
freedoms in them. A new type of transit regime for archipelagoes has
been suggested which affords more freedom than free transit, but is
not as free as a high seas regime. In any agreement, however,
Indonesia will want assurances that warships are, in fact, sailing
directly through the corridors.
Indonesia contends that, in view of technological advances in
maritime transportation -- especially in the increase in the size
of oil-carrying vessels -- there is a need to redefine "innocent
passage" by taking into account more fully the interests of the
coastal states, particularly their fears of pollution from such ships.
Indonesia wants the right to deny entry into its archipelago of any
vessel carrying cargo or powered by a fuel, that if leaked, could
do damage to its waters or shores.
Semienclosed Seas
According to criteria used by most countries, Indonesia has several
semienclosed seas, including the Java Sea, the Banda Sea, the Ceram
Sea, and the Maluku Sea. Indonesia regards all such seas entirely
within its sovereignty. Indonesia considers the 5,000-meter-deep
Celebes Sea, between Indonesia and the Philippines, to be a semi-
enclosed sea. Representatives of both countries met in June 1973 to
define their boundary in the Celebes Sea; they claimed exclusive rights
over all resources in and under the Sea and special interests in
pollution, research, and security. They agreed to advance this position
at the LOS Conference and to cooperate with other states bordering on
semienclosed seas in promoting acceptance of a semienclosed sea concept.
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Continental Shelf
Indonesia, a party to the 1958 Convention on the Continental Shelf,
released a government announcement in February 1969 that defined its
continental shelf in accordance with the Convention: "the seabed and
the earth underneath, beyond the territorial waters of the Republic
as set forth in the February 1960 Regulation, to a depth of 200 meters
and more where exploitation of natural wealth can still be practical."
The announcement became law in January 1973. Indonesia began to
negotiate with its neighbors in 1969 to define its shelf boundaries,
contending that it is essential to set definite limits of jurisdiction
over resources on the continental shelf outside the limits of the
territorial sea. Shelf boundaries have since been delimited with
Australia, Malaysia, and Thailand. Only the boundary with South Vietnam
remains undetermined; an overlapping shelf sector of about 12,000
square miles, created by inequitable demarcation methods of the two
countries, promises to be difficult to resolve. Petroleum concession
blocks have been granted by Indonesia that include the disputed zone;
South Vietnam may grant concessions there this year.
Coastal State Jurisdiction Beyond the Territorial Sea
Indonesia, a signer and ratifier of the 1958 Convention on the High
Seas, feels that it is in the country's best interests to exert as
much control as possible over the seas adjacent to its territorial
sea zone outside the archipelago. But, while Indonesia is certain to
opt for broad coastal state jurisdiction over marine resources at the
LOS Conference, it has not indicated that it wants to place any
restrictions on navigation or overflights in or over any sea area
outside its claimed territorial seas.
Indonesia contends that a coastal state has a right to conserve the
resources outside its territorial sea and, therefore, restraints
should be placed against foreign fleets fishing on the high seas
contiguous to the territorial sea of a coastal state. The government
argues that compensation should be paid to the coastal state
(especially to a lesser developed country) by countries with fleets
operating off its territorial seas. It has maintained, however, that
it is best for the coastal state to decide how to assert its special
rights over the fisheries on the high seas. The coastal state should
define "clear and reasonable" limits on the basis of its special rights.
These limits may vary, even from one part of a country to another,
depending on geographic and biological factors. If universal widths
on fisheries zones are adopted at the LOS Conference, Indonesia would
prefer graduated special interests: an exclusive fishing zone contiguous
to the territorial see and a preferential or conservation zone further
out.
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The Deep Seabed
Indonesia supports an international regime for regulation of
mining on the deep seabed but wants strict guidelines and regu-
lations in any treaty establishing such a regime to assure that
activities in the international zone will not jeopardize exploration
and exploitation operations in adjacent seabeds under its juris-
diction. It feels that a deep sea mining regime should take into
particular consideration the interests of the lesser developed
countries. These countries should reap not only financial benefits
from the mining but should be given technical training as well;
land- or shelf-locked nations, moreover, should be given priority
in benefit sharing. Indonesia has proposed a revenue-sharing
concept for the regime similar to that used in offshore petroleum
exploitation in Indonesia. It questions the dispute settlement
machinery proposed in the U.S. Draft Treaty that would use a
tribunal with compulsory jurisdictional powers.
Marine Pollution
With extensive seas and long shorelines, Indonesia is seriously
concerned with pollution within its archipelago and endorses strong
international vessel-borne pollution standards. The government is
especially concerned with the threat of oil spills by the steady
procession of supertankers plying the routes between the Middle East
and Japan. A contingency plan to combat pollution in the narrow,
shallow, and heavily trafficked Malacca Strait -- where Indonesia
charges that supertanker oil spills have already damaged the fishing
industry -- has been developed by the International Tanker Owners
Pollution Federation in response to initiatives by the Indonesian
Petroleum Association. The plan, submitted to the Indonesian
Government in June 1973, is expected to play a key role in formulating
the Indonesian position on vessel-borne pollution not only in the
Malacca Strait but in the rest of the archipelago as well. Indonesia
contends that the coastal state should have the right to take action
to combat pollution not only in the seas over which it now has
jurisdiction but also over the high seas contiguous to its terri-
torial waters.
Although generally in support of strong international vessel-borne
pollution standards, Indonesia is concerned by the provision in the
U.S. draft articles that would allow the port state to set higher
standards for port entry. It fears that some states could set
standards so high that many Indonesian vessels could not meet them.
Indonesia's Continental Shelf Law of January 1973 contains a
section on pollution that requires any company undertaking exploration
or exploitation of resources on the continental shelf to prevent sea
and air pollution. A Ministry of Mining Regulation issued in March 1973
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specifies that any company engaged in offshore oil or gas exploration/
exploitation operations must take steps to prevent oil or gas leaks
and control any that occur, both in the territorial sea and on the
continental shelf. If a company violates the terms of the Regulation,
operations may be suspended.
Scientific Research
Although Indonesia has joined other countries in conducting
marine research in the Indian Ocean and in the South China Sea, it
has a limited capability to carry out such research outside its
archipelago. The country's small number of marine research vessels
concentrate on surveying resources within the archipelago. Indonesia
contends that, in accordance with international convention, scientific
research within national jurisdiction should be conducted only by the
coastal state or with its written consent. Research outside national
jurisdiction should be only for peaceful purposes, should be inter-
nationally regulated, and all states should have access to the results.
It should neither hamper normal utilization of the sea nor should it
be detrimental to the marine environment. Coastal states should be
given the opportunity to participate in research on the high seas
adjacent to the waters under their national jurisdiction and should
receive data and training.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISORS
Indonesia has a team of knowledgeable and tough LOS negotiators,
led by Hasjim Djalal, a shrewd and experienced sea lawyer. Djalal,
despite his position as Minister-Counselor to Singapore, has remained
active in LOS matters, including attendance at all Seabed Committee
sessions since July-August 1971. He will be Indonesia's key negotiator
at the Caracas Conference. Mochtar Kusumaatmadja, Minister of Justice,
will lead the delegation but will probably not remain for the
duration of the Conference.
Indonesian official delegates who attended one or more of the
preparatory sessions for the Third UN Conference on the LOS or the
organizational session of the Conference are as follows:
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Name and Position (as they appear
in the latest UN listing)
*H.E. Mr. Chaidar Anwar SANI
Ambassador Extraordinary and
Plenipotentiary
Permanent Representative to the UN
*Dr. Hasjim DJALAL
Minister-Counselor
Indonesian Embassy in Singapore
Mr. Harsono HADIPOETRO
Senior Official
Department of Mines
Mr. Darman HAMZAH
Mr. HARDJUNI
Official
Department of Mines
*Mr. Abdullah KAMIL
Head of the Directorate of
International Organizations
Department of Foreign Affairs
*Prof. Dr. Mochtar KUSUMAATMADJA
Minister of Justice
Mr. Raiden KUSUMASMORO
Miss P. M. LUHULIMA
First Secretary
Permanent Mission to the UN
Mr. M. L. MANU
Colonel Aris MUNANDAR
Chief of the Naval Hydrographic
Office
H.E. Mr. Umarjadi NJOTOWIJONO
Permanent Representative to the
UN and other international
organizations
Seabed Committee Session Or q.
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
XXXXXX
X
X
X
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SECRET
Name and Position Seabed Committee Session Or IN,
Mr. M.H. PANGGABEAN
Minister
Permanent Mission to the UN
Mr. R. ROBBANI
Department of Communications
Mr. M. Hasanuddin SAANIN
Assistant to the Minister of
Agriculture
Mr. Prayitno A. SINGGIH
First Secretary
Permanent Mission to the UN
H.E. Mr. Yoga SOEGOMO
Ambassador
Deputy Permanent Representative
to the UN
Mr. SOEMBARJONO
Pertamina
Mr. Enny SOEPRAPTO
Second Secretary
Permanent Mission to the UN
Mr. M. Soadjati SOERIA
Senior Official
Department of Mines
Maj. Gen. Poerbo S. SOEWONDO
Department of Defense and
Security
Mr. Soegio SOSROSOEMARTO
Official
Department of Foreign Affairs
Captain Tardana SURAHARDJA
Senior Official
Department of Communications
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Jul
Aug
71
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Mar
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Aug
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Dec
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SECRET
Name and Position Seabed Committee Session
Mr. Sufjati SURJA
Assistant to the Secretary-General
of the Department of Mines
H.E. Mr. Ismael M. THAYEB
Ambassador Extraordinary and
Plenipotentiary
Permanent Representive to the UN
Mr. Tirto UTOMO
Senior Official
Pertamina
Colonel TRIHARDJO
Department of National Defense
and Security
Mr. M. Husseyn UMAR
Maritime Commissioner
Indonesian Embassy
The Hague
Mr. Noegroho WISNOEMOERTI
Third Secretary
Permanent Mission to the UN
voro4 13
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Mar
71
Jul
Aug
71
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Mar
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Dec
73
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SECRET
Part II - Background Information
GEOGRAPHY:
World region: Southeast Asia and Pacific
Category: archipelago
Bordering states: Malaysia, Papua New Guinea, Portuguese Timor
Bordering bodies of water: South China Sea, Celebes Sea, Molucca
Sea, Halmahera Sea, Pacific Ocean, Arafura Sea, Banda Sea,
Timor Sea, Savu Sea, Flores Sea, Bali Sea, Java Sea, Indian
Ocean
Bordering semienclosed sea: South China Sea, Celebes Sea,
Molucca Sea, Halmahera Sea, Arafura Sea, Banda Sea, Savu Sea,
Flores Sea, Bali Sea, Java Sea
Bordering Straits: Strait of Malacca (8.3 n. mi.), Singapore
Strait (2.4 n. mi.) Karimata Strait (27.2 n. mi.), Api
Passage, Serasan Passage, Koti Passage, Strait of Makasar
(48.9 n. mi.), Bangka Passage, Greyhound Strait, Manipa
Strait (13.4 n. mi.), Boston Passage, Wetar Passage (12.5 n.
mi.), Ombai Strait (16.9 n. mi.), Roti Strait, Sapie Strait,
Lombok Strait (11.3 n. mi.), Sapudi Strait (23.8 n. mi.),
Sunda Strait (4.2 n. mi.), Gaspar Strait (5.3 n. mi.), Bangka
Strait, Berhala Strait, Great Channel (88.0 n. mi.)
Area of continental shelf: 809,600 sq. n. mi., shared with
Thailand, Malaysia, South Vietnam, Australia, Papua New Guinea,
Portuguese Timor
Area to 200 n. mi. limit: 1,577,300 sq. n. mi., shared with
Thailand, Malaysia, Singapore, South Vietnam, Philippines,
Portuguese Timor, Papua New Guinea, Australia
Area to edge of continental margin: 1,229,800 sq. n. mi.
Sea Area (inside baselines): 765,000 sq. n. mi.
Coastline: 34,000 mi.
Land: 736,000 sq. mi.
Population: 126,381,000
INDUSTRY AND TRADE:
GDP: $9.6 billion, less than $100 per capita (1972 est.)
Major industries: processing petroleum and agricultural products,
textiles, mining
Exports: $1,549 million (f.o.b., 1972); petroleum, rubber, tin,
copra, tea, coffee, tobacco, palm oil
Imports: $1,458 million (f.o.b., 1972), rice, other foodstuffs,
textiles, chemicals, iron and steel products, machinery, trans-
port equipment, consumer durables
Major trade partners: exports - 43% Japan, 15% U.S., 12% Singapore,
5% West Germany; imports - 33% Japan, 15% U.S., 10% West Germany,
6% Singapore
Merchant marine: 161 ships (1,000 GRT or over) totaling 546,100
GRT; 7 passenger, 123 cargo, 14 tanker, 12 bulk, 5 specialized
carrier; includes 1 naval tanker and 5 troop transports sometimes
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INDUSTRY AND TRADE (cont'd):
used commercially; a small proportion of the fleet is in inter-
national trade; in the domestic fleet about one-half are commerci-
ally inoperable because of a chronic lack of spare parts and
trained personnel
MARINE FISHERIES:
Catch: 1.2 million tons; exports valued at $4.5 million (1971)
Economic importance: minor national, major local
Nature: mostly coastal, some deep water
Species: tuna, shrimp
Marine fisheries techniques: mostly primitive; sailing craft used
Other countries fishing off coast: Japan, South Korea, Philippines,
.Malaysia, Singapore, Norway
Extent of foreign offshore fishing: extensive tuna fishing in
Ceram and Banda Seas
PETROLEUM RESOURCES:
Crude oil: production (1972) - 366.5 million bbl. (50 million
metric tons) onshore; 24 million bbl. (3.3 million metric tons)
offshore; proved recoverable reserves (1971) - 9,700 million
bbl. (1,323 million metric tons) onshore; 300 million bbl.
(41 million metric tons) offshore
Natural gas: production (1971) - 121.2 billion cubic feet (3.4
billion cubic meters), all onshore; proved recoverable reserves
(1971) - 4,500 billion cubic feet (130 billion cubic meters),
all onshore
NAVY:
Ships: 6 destroyer types, 3 submarines, 57 coastal patrol, 12 mine
warfare, 11 amphibious, 14 auxiliaries, 12 service craft
GOVERNMENT LEADERS:
Suharto, President; Adam Malik, Foreign Minister
PRESENT OCEAN CLAIMS:
Type
Date
Terms
Source/Notes
Territorial
Sea
1939
3 n. mi.
Dutch territorial Sea Ordinance
of 1939.
Statute Book 1939 n. 442
1957
12 n. mi.
Straight baselines drawn between
outermost points of the islands
claimed as part of Indonesian
archipelago
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PRESENT OCEAN CLAIMS (cont'd):
Type Date Terms Source/Notes
Territorial 1960
Sea (cont'd)
Act No. 4 of Feb. 18, 1960, A/CONF
19/5/Add. 1, Apr. 4, 1960
See Limits in the Seas No. 50 for
Malaysia territorial sea boundary
Continental 1969 Govt. Announcement of Feb. 17, 1969
Shelf To whatever depth resources can
be exploited
1960 Govt. Regulation substituting Law
No. 44 of Oct. 26, 1960 for the
Mining of Petroleum and Gas
Median line applicable with bordering
states. See Limits in the Seas
No. 1 for Malaysia Continental
Shelf Boundary
Exclusive
Fishing
Security
Straight
Baselines
1960 12 n. mi. (Straight baseline concept)
1960 Regulation of the Supreme War
Administration No. 11, 1960;
closing of territorial waters of
Berhala Island, East Sumatra.
State Leaflet No. 146,
Nov. 29, 1960
Regulation of Supreme War Admin-
istration No. 12, 1960; regarding
traffic and navigation in the
mouth of Sungsang River, Palembang.
State Leaflet No. 147, Nov. 29,
1960
Regulation of Supreme War Admin-
istration No. 13, 1960; closing
of territorial waters of Sumatra,
West Kalimantan, South coast of
West Java, Coasts of N. Sulawesi
and its islands, State Leaflet
No. 148, Nov. 29, 1960
1939 Dutch Territorial Sea Ordinance
of 1939
1960 Act No. 4 of Feb. 18, 1960 A/CONF
19/5/Add. 1, Apr. 4, 1960
See Limits in the Seas No. 35
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MULTILATERAL CONVENTIONS:
Convention on the High Seas, August 10, 1961
International Convention for the Safety of Life at Sea, October
28, 1966
Agreement for the Establishment of the Indo-Pacific Fisheries
Council, March 29, 1950
Nuclear Test Ban Treaty, May 8, 1964
Indonesia-Malaysia-Thailand Continental Shelf Boundary, ratified
July 16, 1973
IMCO Convention, January 18, 1961
IHO Convention, November 28, 1968
BILATERAL CONVENTIONS:
Indonesia-Malaysia. Agreement relating to the Delimitation of the
Continental Shelf, October 27, 1969
Indonesia-Malaysia. Territorial Sea Boundary, March 10, 1971
Indonesia-Malaysia. Agreement on Territorial Waters in the Malacca
Strait, March 17, 1970
Indonesia-Singapore. Territorial Sea Boundary, May 29, 1973
Indonesia-Australia. Agreement Establishing Certain Seabed Boundaries,
May 18, 1971
Indonesia-Australia. Agreement Establishing Certain Seabed Boundaries,
October 9, 1972
MEMBERSHIP IN ORGANIZATIONS
RELATED TO LOS INTERESTS:
ADB
ASEAN
FAO
IAEA
ICAO
IHB
IMF (FUND)
UNESCO
UN Seabed Committee
21
Asian Development Bank
Association of Southeast Asian Nations
Food and Agricultural Organization
International Atomic Energy Agency
International Civil Aviation Organization
International Hydrographic Bureau
International Monetary Fund
United Nations Educational, Scientific,
and Cultural Organization
United Nations Committee on the Peaceful
Uses of the Seabed and Ocean Floor
Beyond the Limits of National Juris-
diction
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ACTION ON SIGNIFICANT UN RESOLUTIONS:
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment of international regime, States
and persons are bound to refrain from exploiting
resources of or laying claim to any part of the
seabed and ocean floor beyond the limits of
national jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a Conference on Law of the Sea to
deal with establishment of international regime for
the seabed and ocean floor, and enlarge Seabed
Committee by 44 members and instruct it to prepare
for the conference draft treaty articles embodying
international regime.
Abstain
In favor
LOS Conference, Timing and Site Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace
(A/RES/2992, XXVII, 12/15/72)
Called upon littoral and hinterland states of
Indian Ocean area, permanent members of the
Security Council and other major maritime users
of Indian Ocean to support concept that Indian
Ocean should be zone of peace.
Landlocked/Shelf-Locked Study Resolution
(A/RES/3029 6, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance, in terms of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee.
Peruvian Coastal State Study Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national
jurisdiction presented to Seabed Committee.
Permanent Sovereignty over Natural Resources
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sover-
eignty over all their natural resources, wherever
found.
In favor
Abstain
In favor
In favor
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.18
27 March 1973
ORIGINAL: ENGLISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND THE
LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
Cyprus, Greece, Indonesia, Malaysia, Morocco, Philippines, Spain and
Yemen: araft articles on navigation through the territorial sea
including straits used for international navigation
The question of navigation through the territorial sea including straits used
for international navigation is one of the problems facing the Committee in its task
to comply with the terms of General Assembly resolutions 2750 C (XXV) and
3029 A (XXVII).
The delegations co-sponsoring the present document wish to contribute to the
progress of the Committee's work at this new and important stage of its proceedings
and they consider that an appropriate means to achieve this aim is to submit draft
articles on items. 2.4 and 4.1 of the list of subjects and issues concerning
navigation through the territorial sea and through straits used for international
navigation, :independently of the solutions that item 2.5 may receive in due course.
Although presented as separate articles, this draft is not intended to
prejudge its eventual location within the convention or conventions which may be
adopted by the future conference.
In drafting this document the following basic considerations have been taken
into account:
(1) Navigation through the territorial sea and through straits used for
international navigation should be dealt with as an entity since the straits in
question are or form part of territorial seas.
(2) Regulation of navigation should establish a satisfactory balance between
the particular interests of coastal States and the general interests of international
maritime navigation. This is best achieved through the principle of innocent
passage which is the basis of the traditional regime for navigation through the
territorial sea.
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(3) The regulation should contribute both to the security of coastal States
and to the safety of international maritime navigation. This can be achieved by
the reasonable and adequate exercise by the coastal State of its right to regulate
navigation through its territorial sea. Since the purpose of the regulation is
not to prevent or hamper passage but to facilitate it without causing any adverse
effects to the coastal State.
(4) The regulation should take due account of the economic realities and
scientific and technological developments which have occurred in recent years;
this requires the adoption of appropriate rules to regulate navigation of certain
ships with "special characteristics".
(5) The regulation should, finally, meet the deficiencies of the 1958 Geneva
Convention, especially those concerning the passage of warships through the
territorial sea, including straits.
Section I. Rules applicable to all ships
Subsection A. Right of innocent passage
Article 1
Subject to the provisions of these articles, ships of all States, whether
coastal or not, shall enjoy the right of innocent passage through the territorial
sea.
Article 2
1. Passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of proceeding
to internal waters, or of making for the high seas from internal waters.
2. Passage includes stopping and anchoring, but only in so far as the same
are incidental to ordinary navigation or are rendered necessary by "force majeure"
or by distress.
Article 3
1. Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State. Such passage shall take place in
conformity with these articles and with other rules of international law.
2. Passage shall be continuous and expeditious. Passing ships shall refrain
from manoeuvring unnecessarily; hovering, or engaging in any activity other than
mere passage.
3. Foreign ships exercising the right of innocent passage shall comply with
the laws and regulations enacted by the coastal State in conformity with these
articles and other rules of international law.
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4. Passage of foreign fishing' vessels shall not be considered innocent if
they do not observe such laws and regulations as the coastal State may make and
publish in order to prevent these vessels from fining in the territorial sea.
5. Submarines and other underwater vehicles are required to navigate on
the surface and to show their flag.
Article 4
The coastal State must not hamper innocent passage through the territorial
sea. In particular, it shall not impede the innocent passage of a foreign ship
flying the flag of a particular State or carrying goods owned by a particular
State, proceeding from the territory of or consigned to such a State.
Article 5
1. The coastal State may take the necessary steps in its territorial sea
to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters, the coastal State
shall also have the right to take the necessary steps to prevent any breach of
the conditions to which admission of those ships to those waters is subject.
3. Subject to the provisions of paragraph 4, the coastal State may, without
discrimination amongst foreign ships, suspend temporarily and in specified areas
of its territorial sea the innocent passage of foreign ships if such suspension
is essential for the protection of its security. Such suspension shall take
effect only after having been duly published.
4. Subject to the provisions of articles 8, 22, paragraph 3 and 23, there
shall be no suspension of the innocent passage of foreign ships through straits
used for international navigation which form part of the territorial sea.
Subsection B. Regulation of passage
Article 6
The coastal State may enact regulations relating to navigation in its
territorial sea. Such regulations may relate, inter alia, to the following:
(a) Maritime safety and ? traffic and, in particular, the establishment of
sea lanes and traffic separation schemes;
(b) Installation and utilization of facilities and systems of aids to
navigation and the protection thereof;
(c) Installation and utilization of facilities to explore and exploit
marine resources and the protection thereof;
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(d) Maritime transport;
(e) Passage of ships with special characteristics;
(f) Preservation of marine and coastal environment and prevention of all
forms of pollution.
(g) Research of the marine environment.
Article 7
In exercising the right of innocent passage through the territorial sea,
foreign ships will not be allowed to perform activities such as
(a) Engaging in any act of espionage or collecting of information affecting
the security of the coastal State;
(b) Engaging in any act of propaganda against the coastal State or of
interference with its systems of communications;
(c) Embarking or disembarking troops, crew members, frogmen or any other
person or device without the authorization of the coastal State;
(d) Engaging in illicit trade;
(e) Destroying or damaging submarine or aerial cables, tubes, pipe-lines
or all forms of installations and constructions;
(f) Exploring or exploiting marine and subsoil resources without the
authorization of the coastal State.
Article 8
The coastal State may designate in its territorial sea sea lanes and traffic
separation schemes, taking into account those recommended by competent
international organizations, and prescribe the use of such sea lanes and traffic
separation schemes as compulsory for pasAng ships.
Article 9
1. The coastal State is required to give appropriate publicity to any
dangers of navigation, of which it has knowledge, within its territorial sea.
2. The coastal State is required to give appropriate publicity to the
existence in its territorial sea of any facilities or systems of aid to navigation
and of any facilities to explore and exploit marine resources which could be an
obstacle to navigation, and to install in a permanent way the, necessary marks to
warn navigation of the existence of such facilities and systems.
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Article 10
The coastal SLate may require any foreign ship that does not comply with the
provisions concerning regulation of passage to leave its territorial sea.
Section II. Rules applicable to certain types of ships
Subsection A. Merchant ships
Article 11
1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial
sea as payment 'lily for specific services. These charges shall be levied without
discrimination.
3. The coastal State shall have the right to be compensated for works
undertaken to facilitate passage.
Article 12
_
1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any person
or to conduct any investigation in connexion with any crime committed on board
the ship during its passage, save only in the following cases:
(a) If the consequences of the crime extend to the coastal State; or
(b) If the crime is of a kind to disturb the peace of the country of the
good order of the territorial sea; or
(c) If the assistance of the local authorities has been requested by the
captain of the ship or by the consul of the country whose flag the ship flies; or
(d) If it is necessary for the suppression of illicit traffic in narcotic
drugs.
2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or investigation
on board a foreign ship passing through the territorial sea after leaving internal
waters.
3. In the cases provided for in paragraphs 1 and 2 of this article, the
coastal State shall, if the captain so requests, advise the consular authority of
the country whose flag the ship flies, before taking any steps, and shall
facilitate contact between such authority and the ship's crew. In cases of
emergency this notification may be communiCated while the measures are being taken.
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h. In considering whether or how an arrest should be made, the local
authorities shall pay due regard to the interests of navigation.
5. The coastal State may not take steps on board a foreign ship passing
through the territorial sea to arrest any person or to conduct any investigation
in connexion with any crime committed before the ship entered the territorial sea,
if the ship, proceeding from a foreign port, is only passing through the
territorial sea without entering internal waters.
Article 13
1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil jurisdiction in
relation to a person on board the ship.
2. The coastal State may not le,r execution against or arrest the ship for
the purpose of any civil proceedings, save only in respect of obligations or
liabilities assumed or incurred by the ship itself in the course or for the
purpose of its voyage throuE-,. the waters of the coastal State.
3. The provisions of the previous paragraph are without prejudice to the
right of the coastal State, in accordance with its laws, to levy execution against
or to arrest, for the purpose of any civil proceeding, a foreign ship lying in
the territorial sea, or passing through the territorial sea after leaving internal
waters.
Subsection B. Ships with special characteristics
Article 14
The coastal State may regulate the passage through its territorial sea of
the following:
(a)
Nuclear-powered ships or ships carrying nuclear weapons;
(b) Ships carrying nuclear substances or any other material which may
endanger the coastal State or pollute seriously the marine environment;
(c) Ships engaged in research of the marine environment.
Article 15
1. The coastal State may require prior notification to or authorization by
its competent authorities for the passage through its territorial sea of foreign
nuclear-powered ships or ships carrying nuclear weapons, in conformity with
regulations in force n such a State.
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2. The provisions of paragraph I shall not prejudice any agreement to which
the coastal State may be a party.
Article 16
The coastal State may require that the passage through its territorial sea of
foreign ships carrying nuclear substances or any other material which may endanger
the coastal State or pollute seriously the marine environment be conditional upon
any or all of the following:
(a) Prior notification to its competent authorities;
(b) Coverage by an international insurance or guarantee certificate for
damages that might be caused by such carriage;
(c) Use of designated sea lanes.
Article 17
1. The coastal State may require prior notification to its competent
authorities for the passage through its territorial sea of foreign ships engaged
in research of the marine environment, in conformity with regulations in force
in such a State.
2. During their passage through the territorial sea, foreign ships engaged
in research of the marine environment will not be entitled to carry out any
scientific research or hydrographic survey without the explicit authorization of
the coastal State.
Article 18
In order to e_edite passage the coastal State shall ensure that the
procedure of notification referred to in different articles of this section shall
not cause undue delay.
Subsection C. Government ships other than warships
Article 19
The rules contained in subsections A and B of this section shall also apply
to government ships operated for commercial purposes.
Article 20
1. The rules contained in articles 11, 15, 16 (a) and (c), 17 and 18 of
this convention shall apply to government ships operated for non-commercail
purposes.
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2. With such exceptions as are contained in any of the provisions referred
to in the preceding paragraphs, nothing in these articles affects the immunities
which such ships enjoy under these articles or other rules of international law.
Subsection D. Warships
Article 21
The coastal State may require prior notification to or authorization by its
competent authorities for the passage of foreign warships through its territorial
sea, in conformity-with regulations in force in such a State.
Article 22
1. Foreign warships exercising the right of innocent passage shall comply
with the laws and regulations enacted by the coastal State in conformity with
these articles and other rules of international law.
2. Foreign warships exercising the right of innocent passage shall not
perform any activity which does not have a direct bearing with the passage, such as:
(a) Carrying out any exercise or practice with weapons of any kind;
(b) Assuming combat position by the crew;
(c) Flying their aircraft;
(d) Intimidation or displaying of force;
(e) Carrying out research operations of any kind.
3. Foreign warships exercising the right of innocent passage may be
required to pass through certain sea lanes as may be designated for this purpose
by the coastal State.
Article 23
If any warship does not comply with the regulations of the coastal State
concerning passage through the territorial sea and disregards any request for
compliance which is made to it, the coastal State may require the warship to leave
the territorial sea.
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-INITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.15
14 March 1973
ORIGINAL: ENGLISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
ARCHIPELAGIC PRINCIPLES AS PROPOSED BY THE DELEGATIONS
OF FIJI, INDONESIA, MAURITIUS AND THE PHILIPPINES
EXPLANATORY NOTE
This paper is submitted by Fiji, Indonesia, Mauritius and the Philippines for
consideration by this Committee with a view to the principles enunciated therein
being incorporated into the convention on the Law of the Sea. These principles
are designed to accommodate not only the interests of archipelagic States but also
other States and of the international community as a whole. They contain the
definition of an archipelagic State, its rights over the waters of the archipelago,
and the right of innocent passage for international navigation through the waters
of the archipelago.
73-o5o64
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A/AC.138/SC.II/L.15
English
Page 2
PRINCIPLES
1. An archipelagic State, whose component islands and other natural features form
an intrinsic geographical, economic and political entity, and historically have
or may have been regarded as such, may draw straight baselines connecting the
outermost points of the outermost islands and drying reefs of the archipelago from
which the extent of the territorial sea of the archipelagic State is.or may be
determined.
2. The waters within the baselines, regardless of their depth or distance from the
coast, the sea-bed and the subsoil thereof, and the superjacent airspace, as well
as all their resources, belong to, and are subject to the sovereignty of the
archipelagic State.
3. Innocent passage of foreign vessels through the waters of the archipelagic
State shall be allowed in accordance with its national legislation, having regard
to the existing rules of international law. Such passage shall be through sealanes
as may be designated for that purpose by the archipelagic State.
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UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
Distr.
LI1:ITED
A/AC.130/SC.II/L.48
6 August 1973
Original: ENGLISH
COMITTEE ON TNE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
stm- .COIEJITTEE; II
DRAFT ARTICLES ON ARCHIPELAGOS
Aubmitted by Fiiij MaviAinITLAtheLl.Wip,pines_
ARTICLE I
1. T:-.).ese articles apply only to archipelagic States.
2. An archipelagic State is a State constituted wholly or mainly by one or more
archipelagos.
3. For ?the purposes of these articles an archipelago is a group of islands and
other natural features which are so closely interrelated that the component
islands and other natural features form an intrinsic geographical, economic and
political entity or which historically have been regarded as such.
ARTICLE II
1. An archipelagic State may employ the method of straight baselines. joining the
outermost points of the outermost islands and drying reefs of the archipelago
in drawing the baselines, from which the extent of t.e territorial sea is to be
measured.
2. Me drawing of such baselines shall not depart to any appreciable extent from
the general configuration of the archipelago.
3. Baselines shall not be drawn to and from low-tide elevations unless lighthouses
or similar installations which are permanently above sea level have been built
on them or where a low-tide elevation is situated wholly or partly at a
distance not exceeding the breadth of the territorial sea from the nearest
island.
4. The system of straight baselines shall not be applied by an. archipelagic State
in such a manner as to out off the territorial sea of another State.
5. The 'axchipelagic State shall clearly indicate its straight baselines on charts
to which due publicity shall be given.
GE. 73-50718
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A/AC.130/SC.II/L.48
page 2
ARTICLE III
1. The waters enclosed by the baselines, which waters are referred to in these
articles as archipelagic waters, regardless of their depth or distance from the
coast, belong to and are subject to the sovereignty of the archipelagic State
to which they appertain.
2. The sovereignty and rights of the archipelagic State extend to the air space
over its archipelagic waters as well as to the water column, the seabed and
subsoil thereof, and to all of the resources contained therein.
ARTICLE IV
Subject to the provisions of article V, innocent passage of foreign ships shall
exist through archipelagic waters.
ARTICLE V
1. An archipelagic State may designate sealanes suitable for the safe and
expeditious passage of ships through its archipelagic waters and may restrict
the innocent passage by foreign ships through those waters to those sealanes.
2. An archipelagic State may, from time to time, after giving due publicity
thereto, substitute other sealanes for any sealanes previously designated by it
under the provisions of this article.
3. An archipelagic State which designates sealanes under the provisions of this
article may alsoprescribe traffic separation schemes for the passage of
foreign ships through those sealanes.
4. In the prescription of traffic separation schemes under the provisions of this
article, an archipelagic State shall, inter alia, take into consideration:
a. the recommendation or technical advice of competent international
organizations;
b. any channels customarily used for international navigation;
C. the special characteristics of particular channels, and
d. the special characteristics of particular ships or their cargoes.
5. An archipelagic State may make laws and regulations, not inconsistent with the
provisions of these article and having regard to other applicable rules of
international law, relating to passage through sealanes and traffic separation
schemes as designated by the ardhipelagic State under the provisions of this
article, which laws and regulations may be in respect of, inter alia, the
following:
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pace 3
a. the safety of navigation and the regulation of marine traffic, including
chips with special characteristics
b. the utilization of, and the prevention of destruction or damage to,
facilities and systems of aids to navigation;
c. the prevention of destruction or damage to facilities or installations for
the exploration and exploitation of the marine resources, including the
resources of the water column, the seabed and subsoil
d. the prevention of destruction or damage to submarine or aerial cables and
pipelines
e. the preservation of the environment of the archipelagic State and the
prevention of pollution thereto;
f. research of marine environment;
0. the prevention of infringement of the customs, fiscal, immigration,
Quarantine or sanitary regulations of the archipelagic State;
h. the preservation of the peace, good order and security of the archipelagic
State.
6. The archipelagic State shall give due publicity to all laws and regulations
made under the provisions of paragraph 5 of this article.
7. Foreign ships exercising innocent passage through those sealanes shall comply
with all laws and regulations made under the provisions of this article.
8. If any warship does not comply with the laws and regulations of the
archipelagic State concerning passage through any sealane designated by the
archipelagic State under the provisions of this article and disregards any
request for compliance which is made to it, the archipelagic State may suspend.
the passage of such warship and require it to leave the archipelagic waters by
such route as may be designated by the archipelagic State. In addition to such
suspension of passage the archipelagic State may prohibit the passage of that
warship through the archipelagic waters for such period as may be determined by
the archipelagic State.
9. Subject to the provisions of paragraph 8 of this article, an archipelagic State
may not suspend the innocent passage of foreign ships through sealanes
designated by it under the provisions of this article, except when essential
for the protection of its security, after giving due publicity thereto, and
substituting other sealanes for those through which innocent passage has been
suspended.
10. An archipelagic State shall clearly demarcate all sealanes designated by it
under the provisions of this article and indicate them on charts to which due
publicity shall be given.
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.22
31 July 1972
Original: ENGLISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND TEE
LIMITS OF NATIONAL JURISDICTION
SUB -COMMITILE
Australia, Canada, Chile, Colombia, FijiLInanMalasia,
New Zealand, Peru, Philippines, Singapore and Thailand: draft resolution
The Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond
the Limits of National Jurisdiction,
Recalling the suggested statement of views submitted to Sub-Committee III at the
!/
8th meeting of that Sub-Committee,
Further recalling the resolution on the subject of nuclear testing adopted by the
United Nations Conference on the Human Environment, as well as Principle 26 of the
Declaration on the Human Environment adopted by the same Conference,
Acting in furtherance of the principles of the partial Nuclear Test Ban Treaty,
Having noted the concern of the nations and peoples of the Pacific at, and their
opposition to, the conduct of the nuclear weapon tests in that region,
Bearing in mind its obligation to propose legal norms for the preservation of
the marine environent and the prevention of marine pollutio;
1. Declares that no further nuclear weapons tests likely to contribute to the
contamination of the marine environment should be carried out;
2. Requests its Chairman to forward this resolution to the Secretary-General of
the United Nations for referral to the appropriate United Nations bodies,
including the Conference of the Committee on Disarmament.
!./ (A/8421, Annex V)
GE.72-14559
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.22
31 July 1972
Original: ENGLISH
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND TEE
LIMITS OF NATIONAL JURISDICTION
SUB -COMMITILE
Australia, Canada, Chile, Colombia, FijiLInanMalasia,
New Zealand, Peru, Philippines, Singapore and Thailand: draft resolution
The Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond
the Limits of National Jurisdiction,
Recalling the suggested statement of views submitted to Sub-Committee III at the
!/
8th meeting of that Sub-Committee,
Further recalling the resolution on the subject of nuclear testing adopted by the
United Nations Conference on the Human Environment, as well as Principle 26 of the
Declaration on the Human Environment adopted by the same Conference,
Acting in furtherance of the principles of the partial Nuclear Test Ban Treaty,
Having noted the concern of the nations and peoples of the Pacific at, and their
opposition to, the conduct of the nuclear weapon tests in that region,
Bearing in mind its obligation to propose legal norms for the preservation of
the marine environent and the prevention of marine pollutio;
1. Declares that no further nuclear weapons tests likely to contribute to the
contamination of the marine environment should be carried out;
2. Requests its Chairman to forward this resolution to the Secretary-General of
the United Nations for referral to the appropriate United Nations bodies,
including the Conference of the Committee on Disarmament.
!./ (A/8421, Annex V)
GE.72-14559
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.eab'
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Approved For Release 2001/07/16 : CIA-RDP79-01054A000100050001-5
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FAt
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ISLANDS
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'200
300. 4,0
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Secret
No Foreign Dissent
Secret
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