LAW OF THE SEA COUNTRY STUDY AUSTRIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100080001-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 27
• Document Creation Date: December 9, 2016
• Document Release Date: February 26, 2001
• Sequence Number: 1
• Publication Date: May 1, 1974
• Content Type: STUDY

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Secret
No Foreign Dissent
Law of the Sea Country Study
Austria
Secret
BGI LOS 74-8
May 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
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 policy, and a brief
biography of the key personalities involved. Part II provides
basic data and information bearing on law of the sea matters.
This study was prepared by the office of Basic and
Geographic Intelligence. Biographic support was provided by
the Central Reference Service. The study 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
1
Factors Influencing Policy . . . . . . . . . . . . . . . . . . . 1
Law of the Sea Policy . 8
, . .
Ke Polic Makers, LOS Negotiators and Advisors . : . : . . . . 11
Part II - Background Information
Basic Data . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
7
Conventions . . . . .
Membership in Organizations related to LOS Interests. . . . . . 17
Action on Significant UN Resolutions . . . . . . . . . . . . . . 18
Draft articles submitted by Austria to the Seabed Committee
Maps: Regional map
Theoretical Division of the World Seabed
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NO FOREIGN DISSEM
Part I - Law of the Sea Analysis
As a landlocked country with an industrial
economy, Austria can anticipate little direct
economic gain from the resolution of the Law of
the Sea (LOS) issues. Austria's only opportunity
to share in the "heritage of mankind" is through
revenue from the international area. If, as has
been proposed, these revenues are divided on the
basis of need, Austria's share will be very small.
Austria has no fishing fleet, navy, or marine-oriented industries
that would stand to gain or lose by,the results of the Conference.
It has acquired a small maritime commercial fleet. The country has
access to the sea through well-established transit rights across
neighboring coastal states. However, unreasonable demands of
coastal states and/or developing states could result in increased
costs to Austrians for products of the sea and marine transport.
The LOS negotiations offer Austria opportunities to be a spokes-
man for the landlocked and shelf-locked countries; to improve its
status as an intermediary between large political blocs; and, if the
Conference is concluded successfully in Vienna, to enhance the image
of Austria as a site for international conferences.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Small mountainous Austria lacks the economic advantage of direct
access to the sea, and its landlocked location is disadvantageous in
most LOS matters. This central European country is heavily dependent
upon its ground and air transportation network to provide important
international links. The railroad system permits through service
between northern and southern Europe and between western Europe and
the Balkans; the highways connect with all neighboring countries.
The Danube provides an important route for the movement of bulk
commodities. Sixty-four maritime vessels fly the Austrian flag and
operate out of Hamburg and Bremen, West Germany; Trieste, Italy; and
Rijeka, Yugoslavia.
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Uses of the Sea
As a landlocked country, Austria depends upon imports for its sea-
products requirements. Imports of fish and fish products more than
doubled between 1958 and 1968 (from 30,000 to 69,000 metric tons),
primarily because of the increasing use of fishmeal as animal feed.
Per capita consumption of fish, at less than 4 kilograms per year,
is among the lowest in western Europe.
Austria has interests in oceanography, maintaining several marine
stations along the Adriatic coast and participating in various marine
expeditions, which concentrate on marine biology. Because of a lack
of government interest most of the support for oceanography has been
at the university level. Austria is a member of the Intergovernmental
Oceanographic Commission and has cooperated closely with Yugoslavia,
Italy, and West Germany in marine biological research.
Austria must also depend upon other states to provide its marine
transport requirements and has established satisfactory arrangements
for overland transit across neighboring coastal states. Austria
imports small quantities of each of the metals that are the major
components of manganese nodules.
Much of the post-World War II period has been marked by coalition
governments and a spirit of pragmatic compromise. The highly literate
and politically aware population has regarded compromise as insurance
against a revival of traditional ideological rivalries. There is an
attitude of skepticism and indifference toward extremists' appeals
from any source.
The Austrian State Treaty of 1955 imposed an obligation to maintain
a permanent neutrality. Austria belongs to no military alliance and
is a strong proponent of general disarmament under effective inter-
national control. Austria's attitude toward the LOS issues stems
from its active search for a role as peacemaker, as well as from a
foreign policy that emphasizes international organizations.
Austria has aspirations to become the world center for conferences
on the codification of international law. It has demonstrated its
interest in matters relating to the law of the sea by its active
participation in the work of the Seabed Committee and by the offer
of Vienna as the site for a conference in 1975.
Austria's economy has sustained a growth rate roughly comparable
to that of West Germany. Its per capita GNP in 1972 -- $2,750 -- was
somewhat below the average for the European member countries of the
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Organization for Economic Cooperation and Development but was almost
three times the 1950 Austrian level. This progress has been facili-
tated by the liberalization of international trade.
Although agriculture is important to the economy, Austria is pri-
marily an industrial country. The highly diversified manufacturing
sector contains relatively few very large, technologically advanced
production units, but these few account for the major share of
industrial output, exports, and employment.
Austria has a sizable foreign aid program that includes cooperation
with countries of East and West Europe in joint projects in less-
developed parts of the world. About one-fifth of the total foreign
aid expenditures are represented by contributions to international
organizations, including agencies of the United Nations, the Inter-
national Bank for Reconstruction and Development, and the International
Development Agency.
C. LAW OF THE SEA POLICY
Territorial Seas
There has been no need for specific legislation on the limits of
territorial seas or fishing zones in landlocked Austria, but, because
it desires the largest possible international area, Austria favors a
narrow territorial sea. The maximum acceptable width is 12 nautical
miles. Austria has expressed reservations about unilateral extensions
beyond that limit. Austria opposes restrictions on navigation through
territorial seas and straits, but there are indications that it leans
more toward the draft articles on innocent passage submitted in March
1973 by Cyprus and seven other countries than to the free transit
proposals of the United States.
Continental Shelf
As late as August 1969 Austria is reported to have believed that
the sovereignty of coastal states should extend only to the conti-
nental shelf. Austrian officials thought it improbable that the
limits set by the Continental Shelf Convention would, as a result of
technical breakthroughs, require extension at an early date.
At the same time it reportedly considered that utilization of the
continental shelf should be limited to activities on the seabed. It
favored limiting coastal states' rights on the continental shelf to a
narrow zone so that more resources on the seabed would be accessible
to Austrian companies if they wished to operate worldwide under some
international regime.
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In accordance with Austria's basic policy on disarmament, the
government favors all arms control measures, and it has ratified the
Seabed Arms Limitation Treaty and Nuclear Test Ban Treaty.
Coastal State Jurisdiction Beyond the Territorial Sea
Austria has no essential interests involved in national juris-
dictions beyond the territorial sea, but it opposes economic zone
and patrimonial sea claims because they will reduce revenue from the
international zone. Austrian officials consider proposals such as
those put forth by Canada, Australia, and Norway to be excessively
broad. Austria favors clearcut, narrow limits of coastal state
jurisdiction, defined by distance criteria, that should in no case
exceed the 200-meter isobath. Although Austria recognizes the 40-mile
limits of the 1971 Working Paper of the landlocked and shelf-locked
states (LL/SL) as unattainable, the Austrian delegation would be
reluctant to accept a 200-mile limit. They feel this would leave
within the jurisdiction of the International Regime too small an
area with reasonable possibilities of exploitation. The government
would like immediate resolution of this issue, as it is feared delays
would favor those who prefer wider coastal state jurisdiction.
Austria told the Working Group of Subcommittee II that the rights
of the landlocked and shelf-locked states in the coastal zone must
be contained in an agreement that spells out these rights in detail.
The Austrians believe that the concept of regional accommodation
holds promise for satisfying their needs if worked out on the basis
of international rules and standards.
The position of the LL/SL States on coastal state jurisdiction
beyond the territorial sea as defined in their Draft Articles of
July 1973 (see Annex) is a marked modification of the position in
their August 1971 Working Paper (see Annex), both of which Austria
cosponsored. Both documents recognize the right of the coastal state
to establish a zone in which it has both jurisdiction and the right
to explore and exploit all living and nonliving resources. The 1971
paper limited the width of this zone to 40 miles; however, it also
required coastal state consent for seabed exploitation in the
adjoining 40-mile-wide belt of the international area. The 1973
document, in recognition of the negotiating positions developed in
the meantime, did not specify a width for the coastal state priority
zone nor did it mention coastal state consent in any part of the
international area.
The right of exploitation of living resources in the coastal state
priority zone changed from an exclusive right of the coastal state to
one in which the landlocked states would share on an equal and non-
discriminatory basis. Also the 1973 Draft Articles would permit other
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states to share the portion of the maximum allowable yield not uti-
lized by the coastal state and its landlocked neighbors, subject only
to payments to and regulations of the coastal state. Rights to the
exploitation of the living resources would be qualified, however, by
the requirement to pay a percentage of the revenue from this
activity to the International Authority if the coastal state is a
developed state.
The draft articles made no claim for rights of LL/SL States to
explore or exploit nonliving resources in the priority zone. All
coastal states, however, must contribute part of the revenues from
exploitation of nonliving resources within their priority zone to the
International Authority. The rates depend upon whether the state is
developed or developing and whether the exploitation site is within
or beyond 40 miles of the territorial sea.
The 1971 Working Paper of the LL/SL States specified that the
International Authority shall recommend for landlocked licensees
arrangements that would facilitate communication between the land-
locked state and the area under.license for purposes of storing,
processing, and marketing mineral products. It was obviously the
intent that in such a case, international jurisdiction would take
precedence over coastal state jurisdiction.
The LL/SL Draft Articles on Resource Jurisdiction of Coastal
States beyond the Territorial Sea contained an article requiring
compulsory settlement of disputes. Since Austria cosponsored the
articles, Austria would presumably support compulsory settlement in
other situations.
Although Austria has only a peripheral interest in offshore
fisheries, Mr. Robert Marschik, now Consul General in New York, said
in June 1972 that the Legal Division of the Foreign Ministry was
reviewing the U.S. fisheries proposal. He said that an Austrian
position on fisheries would be developed and transmitted to the
United States. There is no documentary evidence of this position.
Deep Seabed
The 1971 Working Paper described the limits of the international
area as comprising all of the seabed outside the area of the terri-
torial sea (maximum breadth 12 nautical miles, from baselines) and
beyond the adjacent coastal state economic zone (seaward limit of
200 meters or 40 miles beyond the territorial sea). Within the
international area adjoining the coastal state economic zone, the
1971 Working Paper established a 40-mile-wide coastal state priority
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zone. The International Authority would neither explore directly nor
license exploration and exploitation in this zone without consent of
the coastal state.
In July 1971 Austrian delegate Prohaska interpreted for Sub-
committee I the deep seabed issues Austria considered most important:
1) An economically meaningful international area,
preferably with narrow limits of national juris-
diction -- defined by distance criteria (in this
case, 100 miles) and not exceeding the 200 meter
isobath, that controls not only a substantial
part of the deep seabed but a sizable part of the
continental margin as well. A trusteeship zone, a
distinctly second choice, was recognized as possi-
bly the only politically acceptable compromise at
the time, and was again endorsed in the summer of
1973.
2) The powers and functions of the international
seabed machinery should be exercised so as to
guarantee satisfaction of LL/SL interests.
3) Adequate representation on the executive organ
of the international machinery. Representation at
the same ratio as LL/SL are to total UN membership
would require 1/3 to 1/4 of the executive organ to
be landlocked and shelf-locked representatives.
The 1971 LL/SL Working Paper said that representatives should be
equally distributed between coastal states and noncoastal states and
within each of these groups there should be adequate representation
of developing states.
The Austrian delegation has discussed this subject only in the most
general terms, saying that the machinery should be given sufficient
powers to guarantee the faithful implementation of what was stipu-
lated in the treaty. The executive organ would be responsible for
seeing that the principle of common heritage was not rendered
meaningless.
The 1971 Working Paper provided that the International Authority
should have the power to explore, exploit, and market -- either
directly or by licensing --, to encourage participation of developing
countries in these activities, and to recommend arrangements for
landlocked licensees that would facilitate communication, storage,
processing, and marketing of mineral resources. The authority would
avoid, or compensate for, adverse effects of exploitation in the
international area, contribute revenues, and distribute benefits
equitably on the basis of need.
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Austria is apparently satisfied with its current arrangements for
access to the sea. It is not a major shipping or fishing state.
The primary interest of Austria is to protect its right of inheri-
tance in the sea. As a landlocked country it considers the most
significant task of the LOS Conference to be the establishment of an
equitable international regime -- including the international machi-
nery, the delimitation of the area to which the regime is to apply,
and the provisions for sharing the revenues from resources. Almost
certainly, however, Austria has no expectation of immediate gains through
exploitation of seabed resources. Although there has been some
mention of Austrian companies actually participating in the exploita-
tion, this seems unlikely. Nevertheless, Austrian delegates have
spoken about the necessity for LL/SL participation in the Inter-
national Authority on the basis of representation proportional to
their membership in the United Nations.
Officials see the need to develop techniques to stop both land-
based and vessel-source pollution of the seas, and to prevent
pollution during mineral exploitation of the seabed. Austria
believes that vessel-source pollution should be dealt with by IMCO
rather than LOS, and that land-based sources of pollution should be
controlled by an international system with regional centers.
Austria ratified the Nuclear Test Ban Treaty in July 1964 and the
Seabed Arms Control Treaty in August 1972. In accordance with its
basic policy on disarmament, Austria favors all measures that might
lead to general disarmament under effective international control,
and it may favor proposals that limit uses of the sea to those with
peaceful purposes.
Within the landlocked/shelf-locked group, Austria is a moderating
influence. It is neither as demanding nor as passive as some other
members of the group; it has not espoused extreme positions on any
of the important LOS issues.
The Austrian Government would like to achieve a settlement in
Caracas on all matters on which a consensus can be achieved and hold
over the remaining items for discussion at a subsequent meeting in
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Vienna. Resolution of the final issues in Vienna would further
Austrian aspirations to become the principal site of conferences
dealing with international law.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISORS
The Austrian Federal Government is parliamentary in form with
effective political power held by the Chancellor, his Cabinet, and
the legislature -- the National Council. Most responsibility for LOS
matters lies in the Ministry of Foreign Affairs, particularly in the
Legal Department, the International Organization Affairs Division,
and the International Law Department. The Chancellor, Austrian
Socialist Party leader Bruno Kreisky, is the head of government, but
must have the support of the National Council to carry out his programs.
The smooth relationship in the last several years can be attributed to
Kreisky's leadership and the fact that the Council is under Socialist
control.
Peter Jankowitsch, the Austrian Permanent Representative to the
United Nations and confidant of Krei s ky, has enjoyed considerable
autonomy in decisionmaking with regard to Austrian positions on UN
issues. The Austrian Government has announced that the LOS delegation
will include the following: Dr. Franz Weidinger, Chief of Delegation;
Dr. Helmut Tuerk, Office for International Law, Foreign Ministry; Dr.
Gerhard Hafner, Assistant Professor, International Law Institute,
University of Vienna; and Ms. Leonore B. Emich, member of the
Austrian Permanent Mission to the UN.
Other Austrian leaders who attended one or more of the preparatory
sessions for the Third UN Conference on LOS or the orgnaizational
session of the Conference are as follows:
Name and title (as they appear Seabed Committee Session
in the UN listing)
Jul Feb Jul Mar Jul
Mar Aug Mar Aug Apr Aug
71 71 72 72 73 73
Mr. Walther BACKES
Envoy Extraordinary and
Minister Plenipotentiary
Director
Federal Ministry for Foreign
Affairs
Ms. Helga BIDMON
Secretary of Embassy
Permanent Mission to the UN
Conf .
Dec
73
X
X
X
X
X
Org.
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Name and Title
Mr. Alexander CHRISTIANI
First Secretary
Permanent Mission to the UN
*Ms. Leonore B. EMICH
First Secretary
Permanent Mission to the UN
Mr. Heinrich GLEISSNER
Envoy Extraordinary and Minister
Plenipotentiary
Federal Ministry for Foreign
Affairs
*Mr. Gerhard HAFNER
Assistant Professor
University of Vienna
*H.E. Mr. Peter JANKOWITSCH
`r- Ambassador Extraordinary and
Plenipotentiary
Permanent Representative to the UN
Mr. Herbert KROELL
Federal Ministry for Foreign
Affairs
*Mr. Paul LEIFER
Counsellor
Federal Ministry for Foreign
Affairs
Mr. Robert MARSCHIK
Counsellor
Federal Ministry for Foreign
Affairs (now consul general
in New York)
Mr. Felix MIKL
Secretary of Embassy
Permanent Mission to the UN
25X1 B
Seabe
d Committee Session
Org.
Mar
71
Ju
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
X
X
X
--
--
-
-
-
X
T
X
X
X
X
X
X
X
X
X
X
X
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25X1 B
Name and Title
Mr. Anton PROHASKA
Permanent Mission to the UN
Mr. Helmut TUERK
First Secretary
Federal Ministry for Foreign
Affairs
*Mr. Franz WEIDINGER
Minister Plenipotentiary
Federal Ministry for Foreign
Affai rs
Head of the Austrian delegation
to the Seabed Committee Summer
1973
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Aug
73
.
Conf.
Dec
73
X
x
X
X
Seabed Committee Session
Org .
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Part II - Background Information
Geography
World region: Western Europe and Canada
Category: Landlocked
Bordering states: Federal Republic of Germany, Czechoslovakia,
Hungary, Yugoslavia, Italy, Switzerland, Liechtenstein
Land: 32,374 sq. mi.
Population: 7,474,000 (as of mid-1972)
Industry and Trade
GNP: $20.5 billion, $2,750 per capita (1972)
Major industries: foods, iron and steel, machinery, textiles, chemi-
cals, electrical equipment, paper and pulp
Exports: $3.88 billion (f.o.b., 1972); iron and steel products,
machinery and equipment, lumber, textiles and clothing, paper
products, chemicals
Imports: $5.22 billion (c.i.f., 1972); machinery and equipment,
chemicals, textiles, coal, petroleum, foodstuffs
Major trade partners: Federal Republic of Germany 34%, Italy 8%,
Switzerland 9%, United Kingdom 7%, United States 4%; EC 50%;
EFTA 22%; Communist countries 10% (1972)
Merchant marine: total 64 ships -- 19 ships (17 cargo and 2 bulk)
over 1,000 GRT, totaling 75,000 GRT
Petroleum: production - 17.4 million 42-gal. bbl. (2.5 million metric
tons) onshore (1971); proved recoverable reserves - 185 million
42-gal. bbl. (27 million metric tons) onshore (1970)
Natural gas: production - 67.1 billion cubic feet (1.9 billion cubic
meters) onshore (1971); proved recoverable reserves - 550 billion
cubic feet (16 billion cubic meters) onshore (1970)
Other investments: the nationalized Austrian oil administration (OEMV)
holds 49 percent participation in an offshore license for 7,032 sq.
km. in the Gulf of Hammamet, Tunisia; ELF/ERAP, France, holds the
other 51 percent
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Multilateral Conventions
Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space,
and Under Water. Date of deposit of the instrument of acceptance -
July 17, 1964.
Treaty on the Prohibition of the Emplacement of Nuclear Weapons and
Other Weapons of Mass Destruction on the Seabed and the Ocean Floor
and in the Subsoil Thereof. Date of deposit of the instrument of
acceptance - August 10, 1972.
Membership in Organizations Related to LOS Interests
C of E . . . . . . . . . . . . Council of Europe
ECE . . . . . . . . . . . . . . Economic Commission for Europe
EFTA . . . . . . . . . . . . . Europe Free Trade Association
IAEA . . . . . . . . . . . . . International Atomic Engergy Agency
ICAO . . . . . . . . . . . . . International Civil Aviation Organization
OECD . . . . . . . . . . . . . Organization for Economic Cooperation and
Development
Seabed Committee . . . . . . . United Nations Committee on the Peaceful
Uses of the Seabed and Ocean Floor
Beyond the Limits of National
Jurisdiction
UN . . . . . . . . . . . . . . United Nations
UNESCO . . . . . . . . . . . . United Nations Educational, Scientific,
and Cultural Organization
WHO . . . . . . . . . . . . . . World Health Organization
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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.
Agai nst
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 B, 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 Abstain
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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UNITED NATIONS
GL?^ RLL
GENERAL
AS EMBLY
CO?4?iITTEE CL Tiy PMC Ft L USES
OF TILE' Sys QED AND TP OCEAII FLOOR
BEYOND TFIi LIMITS' CF NATIo rkL JURISDICTION
A/AC.138/55
19 August 1971
ORIGINAL: F GLISii
Dual Distribution
Prei imirary working-paper subrai?tted_by Afghanistan,
Mstr..a. .Belgium, Huns-,arY Nepal, Netherlands and
Siz ?_pore
Introduction: The present worcing--paper contains suggestions with respect to a
number of specific matters to be regulated, inter alia, in an
International Sea-bed Convention.
I. Limits and status of the international area:
A. The international area shall comprise all sea-bed and subsoil outside the
area of the territorial sea (the maximum breadth of which is 12 miles measured
from the base-lips) and beyond the submarine areas adjacent to the coasts of
States. For the purpose of this article submarine areas are considered to be
adjacent to the coast of a particular State if
- either their depth does not exceed 200 metres,
- or they underly a belt of sea. the bread~h of which is 40 rriles measured from
the base-line of the territorial sea, according to the choice between the two
methods of delimitation to be made by that particular State at the moment of
ratification. The choice shall be final and the method of delimitation chosen
shall apply to the trhole o' the coastline of that particular State.
B. In the international area all powers relating to the exploration and
exploitation of its mineral resources are exercised either by or on behalf of
the International Authority. "On behalf of the International Authority" means
that (a) any State powers within the international area are based on and defined
in a licence given by the International Authority and (b) are exercised under
supervision..of the Int,ernati ,,,ul? .l.utharity,, chile (c) disputes relating to
GE.71-17862
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0_2 thcs UI:C"_s c...2 to be Settleu by an ii;P)a.i'tia 1
tri )Lana at t'_,e request of and" i:lei!1er Stato or the International Lutlio,:?ity.
0. ?Ifitliin the interr:a.tional area... pelt of sea-'bed and subsoil contigzons
to the adjacent sub:.1ca'ine area as detcrmince, in accordance with paragraph k
above, and ma.vin a breadth of Z.0 miles r,:ee.uared. from, the outer lir:tit of such
adjacent sr:om,,atine area, sh 11 constitute the "coastal State priority zone t.
In.this zone the International Luthority caimot either explore and exploit
di:ectly (see point III below) or license exploration and e, ,oloitation by a
State, without consent of the coastal State.
I1. Representation
I.ie:ber States to be divided into two categories, Cate?ory A consists of
pritiari'ly coastal States; category B of primarily non-coastal States. E2.ch
memioer State shall indicate at the mornant of ratification to which category it
belongs. In any organ of the International Authority, in which not all States
n:e*-1bers are represented (such ac the Council) there should be an eaual number
of -representatives of category A and of category B. within each category
developinE countries should be adequately represented.
III. Powers of the International Luthority
The LsscLbly r..a.y upon recormene.ation of the Council decide to establish
e body char;.;ed with direct explo_ation, exploitation ape ;nar..eting, (includi.n;,
the direct licensinL of a private or prblic enterprise, joint-ventures and
service-contracts) of a s_scified part of the international area.
V. Facilities for la.ndloc'_:ed States
When the Council of the international Authority licenses a landloc'seO.
State, a.ctin~, alone or together %rith another State, to exploit a. particular
paxt of the international area. it shall - in accordance with the right of free
access of land-locked countries to the sea - recommend arranger.?.ent;, bet;reen
the landlocl:ed State and one or :'.:ore other meubcr States designsd to ensure
effective freedom of communication between the lanOloc_:ed State and the area
under licence; for the purpo:;e of explo'ation, exploitation, including storage
end processing andMar'.eting of the nineral resources of that area.
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J'~?r;ci,~1_ in Derr. ;ta cS i'.e re;io~?n tourer?.es
the exe cis. of its -.)owers the International .;utherity shG.11 at all
timer., take duly into accorsa t'sre nrirlary pur'~o:;e of ;promoting the devalopment
of derelopin[, countries, inter alia by (a) avoidiri or compensating, Ahere
necessary, po:,cible %kiverse effects of e:;.,p1oit tion of any part of the
international ea:ea on such devalopr.ent (2) contributing an appropriate part
of its revenues to such develo_or:ant, and. ('c) furtherin participation of
developing countries in t.i- activities undertaken by it or or. its behalf.
Sharin; of benefits shall be equitable and, in principle, related to need,
ta?_in into consider .tion the stage of economic develoyment of each
member State.
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UNITED NATIONS
GENERAL
ASSEMBLY
C012II TTE E ON THE PEACEFu l USES OF THE
SEA-BED JIM THE OCEAN FLOOR BEYOND
TIM Lf?IITS OF NATIONAL JURISDICTION
SUB-COMITTEE II
Distr.
L114ITED
.A/AC.138/SC.II/L.39
16 July 1973
Original: ENGLISH
DRAFT ARTICLES ON RESOURCE JURISDICTION OF COASTAL STATES
BEYOND THE TERRITORIAL SEA
proposed by the delegations of Afghanistan, Austria,
Blur.,, Bolivia, Nepal. and Singapore
(1) in the context of the discussions on the recognition of the jurisdiction of
coastal States over the resources in a zone adjacent to their territorial sea, and
(2) as a, formula attempting to accommodate the vital needs and major interests of all
States, which does not necessarily reflect the final views of the sponsoring
delegations.
ARTICLE I
(1) Coastal States shall have the right to establish, adjacent to the
territorial sea, a ..... Zone which may not extend beyond ..... nautical miles from
the baselines from which the breadth of the territorial sea is measured.
(2) Coastal S-cates shall. have, subject to the provisions of Articles II and III,
jurisdiction over the ..... Zone and the right to explore and exploit all living and
non-living resources therein.
ARTICLE II
(1) Landlocked and coastal States which cannot or do not declare a ..... Zone
pursuant to Article I (hereinafter referred to as the Disadvantaged States), as well
as natural or juridical persons under their control, shall have the right to
participate in the exploration and exploitation of the living resources of the
... .. Zone of neighbouring coastal States on an equal and non-discriminatory basis.
For the purpose of facilitating the orderly development and the rational management
and exploitation of the living resources of particular ..... Zones, the States concerned
may decide upon appropriate arrangements to regulate the exploitation of the resources
in that Zone.
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(2) In the ..... Zone the coastal State may, annually reserve for itself and
such other Dir.advantaZ d Stator, as coy be exercising the right under the .precedinZ7
paragraph, that part of the maximum allowable yield, as determined by the relevant
international fisheries organization, which correvponds to the harvesting capacity
and needs of these States.
(3) States other than those referred to in paragraph 1 shall have the right to
exploit that part of the remaining allowable yield subject to payments, to be
determined under equitable conditions, and regulations laid down by the coastal States
for the exploitation of the living resources of the ..... Zone.
(4) Disadvantaged States shall not transfer the right conferred upon them in
paragraph 1 to third.partie;. However, this provision shall not preclude the
Disadvantaged States from entering into arrangements with third parties for the
purpose of enabling them to develop viable fishing industries of their own.
(5) A developed coastal State, which establishes a ..... Zone pursuant to
Article I, paragraph 1, shall contributh .... per cent of its revenues " derived
from the exploitation of the living resources in that Zone to the International
Authority. Such contributions shall be distributed by the International Authority on
the basis of equitable sharing criteria.
(6) In exploiting the living resources the States referred to in paragraphs 1 and
3 of this Article shall observe the regulations and measures pertaining to management
and conservation in the respective ..... Zone.
ARTICLE III
(1) A coastal State :shall make contributions to the International Authority out
of the revonuea/ dorived from exploitation of the non-living resources of its
..... Zone in accordance with the following paragraph.
(2) The rate of contribution :hall be .... per cent of the revenues from
exploitation carried out within forty miles or 200 metros isobath of the ..... Zone,
a The word "rcvonues" shall have to be defined.
W It is understood that different rates should apply to developed and
developing countries.
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thichevor limit the coastal State may choose to adopt, and..... per oont' of the
rcvcnuos_from exploitation carried out beyond forty miles or 200 metros i:obath
within the ..... Zone.
(3) The International Authority shall distribute these contributions on the
basis of equitable sharing criteria.
ARTICLE IV
1 my dispute arising from the interpretation and application of the provisions of
the foregoing lrticlos shall be subject to the procedures for the compulsory
settlement of disputes provided for in the Convention.
h/ It is understood that different rates should apply to developed and
developing countries.
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Secret
No Foreign Dissem
Secret
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