LAW OF THE SEA COUNTRY STUDY PANAMA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000100150001-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 46
• Document Creation Date: December 9, 2016
• Document Release Date: March 1, 2001
• Sequence Number: 1
• Publication Date: June 1, 1974
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea Country Study
Panama
Secret
BGI LOS 74-15
June 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,
Part II provi es
basic data and Information 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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25X6
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Part I - Law of the Sea Analysis
Summary .. .. ..... ................................
i
Factors Influencing Policy ...........................
2
Law of the Sea Policy .................................
5
Part II - Background Information
Basic Data ..........
15
Membership in Organizations Related to LOS Interests..
16
Conventions and Declarations .........................
16
Present Ocean Claims ......... ........................
17
Action on Significant UN Resolutions .................
18
Draft articles submitted by Panama 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
Panama, a potentially zone-locked nation with
the possible exception of a narrow high-seas
corridor to its Pacific coast, is expected to
initially follow the lead of the Latin American
200-mile* "hard-liners" on the territorial sea
issue at the Law of the Sea (LOS) Conference.
Its principal LOS aim within the 200-mile limit,
however, is coastal state jurisdiction over the
renewable and non-renewable resources. Panama's
extreme position on the territorial sea issue is
COSTA RICA
held by a minority of the Latin American countries and appears to
have been taken in payment for their active support on the Panama
Canal issue. For example, Peru, one of the more vocal "hard-liners"
and a strong supporter of Panama on the canal issue, has frequently
received Panamanian support in Peru-U.S. LOS disputes.
The "hard-liners" have become increasingly more isolated, and
there are signs some, including Panama, may be prepared to soften
their stand on the territorial sea issue. Panama might eventually
support a relatively narrow territorial sea, probably 12 miles,
provided agreement is reached on a broad economic zone under coastal
state jurisdiction over resources, scientific research, and pollu-
tion. International maritime traffic through the Panama Canal -- Panama's
chief resource -- and the Caribbean Sea is vital to the Panamanian
economy. Consequently, Panama's self-interest would seem to call
for its opposition to any broad coastal state regime, such as a
broad pollution zone, that could impede freedom of navigation. In
this connection, Panama reportedly supports free transit through
international straits. It has shown no great urgency about pollution
problems, but is more concerned with avoiding pollution controls
that might inhibit its exploitation of seabed hydrocarbons.
Panama has voiced opposition to the U.S. species approach to
fisheries. It is an advocate of the archipelago concept, of coastal
state consent and regulation of scientific research in the zone of
national jurisdiction, and of the exclusive right of an international
regime to exploit the seabed mineral resources beyond the limit of
national jurisdiction.
*Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features
Panama has a narrow continential shelf, about 16,700 square
miles in area, comprising less than half of a mostly narrow
continental margin and less than one-fifth the area that accrues
to Panama under its 200-mile claim. Off the Pacific coast the
shelf, virtually nonexistent in places, has a maximum width of 85
miles, and the edge lies at depths of 100 to 300 meters. The margin
extends to a depth of about 3,000 meters within 200 miles of all but
the extreme western part of the Pacific coast. The Caribbean shelf
is 5 to 30 miles wide and extends to a depth of about 200 meters.
The edge of the margin, at depths of between 3,000 and 3,500 meters,
lies within 100 miles of all but the extreme western part of the
Caribbean coast, where the margin extends across the Caribbean Sea
to the shelves of Cuba, Jamaica, and Hispaniola.
Panama considers the Gulf of Panama as internal waters, having
declared the gulf a historic bay in 1956.
Mineral Resources -- No commercial deposits of petroleum, either
onshore or offshore, have been discovered. Crude oil is Panama's
largest single import, and refined petroleum is its largest export
item aside from bananas, accounting for about one-fifth of the 1971
exports. In an effort to reduce its dependence on crude oil imports
for its refinery industry as well as its domestic energy needs,
Panama is trying to attract private investment funds to locate and
develop possible offshore petroleum deposits. In May 1973, the govern-
ment signed a contract with Panama Exploration, Inc., an affiliate
of Texaco, for offshore exploration of about 5,000 square kilometers
in a Caribbean region stretching westward of Colon. Off the Pacific
coast, extensive seismic surveys conducted in the Gulf of Panama
indicate the existence of a large sedimentary basin and other geologic
conditions conducive to the entrapment of hydrocarbons. In early
December 1973, the government announced it would accept bids for
petroleum exploration in a region covering about 1,900 square
kilometers in the Gulf of Panama.
The most significant onshore deposit of metallic minerals
consists of high-grade magnetite ore from the beaches west of Panama
City. A firm incorporating Japanese capital processes and exports
25,000 tons of the ore to Japan each month. The possible commercial
exploitation of copper deposits discovered by a UN mineral resources
survey team in 1968 is under government study. Other metallic mineral
deposits are bauxite, manganese, and gold, but all are too small to
be commercially significant. Panama has no known exploitable offshore
deposits of metallic minerals.
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Living Resources -- The main significance of the Panamanian
fishing industry is as an earner of foreign exchange, accounting
for about 8% of the value of all exports and about 1% of GDP.
Shrimping dominates the industry and is carried out off the
Pacific coast in depths of less than 100 meters in the Gulfs of
Panama and Chiriqui. In 1972, shrimp exports were valued at
about $15 million, making shrimp the third largest export, behind
bananas and refined petroleum products. Scallop exports, a new
development in the fishing industry, were valued at $2.0 million
in 1972. Anchovy and thread herring are caught by the purse seiner
fleet for processing into fish meal and fish oil, exports of which
were valued at $1.7 million in 1972.
The Panamanian industrial fishing fleet, which includes 60
oceangoing trawlers ranging from 100 to 3,999 gross register tons
(g.r.t.) and a large fish factory ship of 24,402 g.r.t., operates
in the Pacific. Operations off the Caribbean coast are little more
than subsistence fisheries.
Marine Transportation -- Among world fleets, Panama's "flag
of convenience" merchant fleet ranks sixth in deadweight tonnage
and seventh in number of ships. Virtually the entire oceangoing
fleet is foreign owned, the major interests being the United
States (32%), Hong Kong (14%), and Japan (13%), followed by South
Africa, Greece, the Republic of China, Italy, Switzerland, West
Germany, and the Philippines. The "flag of convenience" merchant
fleet rarely calls at Panamanian ports. Nevertheless, it's con-
tribution to the economy of the nation -- ship tonnage taxes,
registration payments, and counselor fees -- amounts to more than
$2 million annually.
Panama depends heavily and increasingly on foreign trade,
most of which is carried by foreign-flag ships, particularly U.S.
ships, operating between Panama and U.S. Atlantic and Gulf
coast ports. In addition to the United States, Panama's major
trading partners include the Canal Zone, the second most important
recipient of Panamanian goods, and Venezuela, the second most
important supplier. About 70% of Panama's ocean trade and most
imports for the Canal Zone pass through the Cristobal/Colon/
Coco Solo port complex, the largest port in Central America.
Naval and Military Air Transportation -- Panama's naval force
is a small coast guard of 11 patrol craft capable of only very
limited coastal patrol operations. The air force consists of 21
aircraft, including five helicopters. About half of the naval
craft and all but one of the aircraft are based in the vicinity
of Panama City. Both the coast guard and air force are primarily
used in transport activities, although they do engage in sporadic
coastal patrol and other operations. Tuna boats owned by U.S.
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interests have been captured by the coast guard in Panamanian
territorial waters.
Other Uses Recently the tourist industry has shown rapid
growth, becoming increasingly important to the Panamanian economy.
In the government's announced priority areas, tourism ranks second
behind agriculture. Coupled with a very active promotional campaign,
the government has made investments for the basic development of
tourist attractions, such as opening up beaches and offshore islands,
and has provided attractive incentives to investors in tourist
facilities.
Panama, a staunch supporter of the United Nations, has served
on numerous UN committees and commissions; from 1971 to 1973
it was a member of the Security Council. While it has supported
the United States on most major issues of concern to Communist
and Western nations, Panama has endeavored to identify with the
position of the lesser developed countries on international issues,
sometimes disagreeing with the U.S. position. In recent years,
Panama has made a concerted effort in international forums to
pattern a position displaying its independence of the United
States.
Panama has also been a strong advocate of regional groupings
such as the Organization of American States (OAS). Although it
has supported the United States on OAS political issues, Panama
feels U.S. financial and technical aid to Latin American states
has been inadequate. In 1973, it called for the restructuring of
the OAS to eliminate U.S. domination.
At times relations with the United States have been tense,
the single overriding issue being the question of sovereignty over
the Canal Zone. Under Gen. Omar Torrijos, Panama adopted an
aggressive posture on the canal issue and attempted to bring regional
and international pressures to bear upon the United States. Panama
skillfully arranged for a UN Security Council meeting in Panama
City in March 1973 that resulted in an almost unanimous pro-
Panamanian resolution calling for prompt settlement of the issue.
The United States vetoed the resolution. Torrijos decided to soften
his intransigent attitude. This led to the signing of a set of
principles with the United States that set the stage for further
bilateral negotiations.
For the most part, relations with other Western Hemisphere
nations have been cordial. Relations with Colombia are complicated
by a 1914 U.S.-Colombia treaty that gives Colombia special rights
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regarding the use of the canal. Relations are friendly with Chile,
and are particularly friendly with El Salvador. The good relations
that have existed with Costa Rica since mid-1969 have been strengthened
with the latter's support of Panama on the canal issue. Torrijos
maintained friendly relations with the Allende government in Chile, and
has expressed admiration for the nationalistic governments in Peru and
Ecuador. He has improved relations with Cuba, stopping just short of
renewing full diplomatic relations. Peru's active support of Panama
on the canal issue has played no small part in the Panamanian support
Peru has enjoyed in its LOS disputes with the United States.
Outside the Western Hemisphere, Panama's closest relations
are with the Latin nations of Western Europe. Panama has improved
relations with the People's Republic of China and has welcomed its
support on the canal issue. Panama has long had diplomatic
relations with Poland and Yugoslavia, and established relations
with Romania in 1972 and Bulgaria and Czechoslovakia in 1973.
On Middle East issues it has maintained a neutral position. A
contingent of the Panamanian National Guard is serving with the
UN peace keeping force in the Middle East. Panama emotionally
identifies with Israel, but it established relations with Algeria
and Libya in March 1973 and may be preparing to show greater
consideration for the Arab cause in return for their support on
the Canal Zone issue.
C. Law of the Sea Policy
In 1958, Panama unilaterally extended its territorial sea limit
from 3 to 12 miles, citing the necessity to protect its offshore
fisheries as justification. In 1967 it again extended its
territorial sea, this time to 200 miles, with the justification
that the action was necessary for the protection of its renewable
as well as its non-renewable resources -- thereby putting into
effect the resource conservation "principles" of the Declaration
on the Maritime Zone* of 1952. The defense of Panamanian territory
and the maintenance of the neutrality of the Panama Canal were
also cited as justification. In May 1970 Panama reiterated the
necessity for extending its "maritime sovereignty and jurisdiction"
to 200 miles by signing the Montevideo Declaration on the Law of
the Sea, with the understanding that "freedom of navigation"
expressed therein referred to "that which is permitted in the
*This declaration, better known as the Declaration of Santiago, was
signed by Chile, Ecuador, and Peru. It proclaims "sole sovereignty
and jurisdiction" over the sea area extending not less than 200
miles offshore. It suggests a claim to resources although it has been
treated both as a resource claim and a territorial sea claim.
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territorial sea, that is, innocent passage." In August 1970,
Panama voted in favor of the Declaration of Latin American States
on the Law of the Sea with the comment that the Declaration's
reference to "freedom of navigation of vessels and overflight of
aircraft" in the zone of coastal state "sovereignty or jurisdiction"
could not affect national legislation or regulations already in
force. It did not sign the Seabed Arms Control Treaty essentially
because it felt such action might prejudice its 200-mile
territorial sea claim. In July 1972, Panama abstained from voting
on the Declaration of Santo Domingo, presumably because it objected
to the Declaration's 12-mile definition of the territorial sea.
In July 1973, it cosponsored, along with Ecuador and Peru, draft
articles (see Annex) in Subcommittee II of the UN Seabed Committee
that, among other things, called for coastal state "sovereignty and
jurisdiction" in a 200-mile zone. In this zone "vessels [and aircraft]
of any flag may sail freely, without restrictions other than those
imposed by the duties of peaceful coexistence and compliance with the
provisions laid down by the coastal state" as regards resource
exploration, exploitation, and conservation; preservation of the
marine environment; scientific research; emplacement of installa-
tions; and safeguards for navigation and shipping. Also set forth
in the draft articles was the right of a coastal state to set
additional provisions for the passage of foreign vessels and air-
craft "within a limit close to its coast." It would appear that the
draft articles indicate a softening of Panama's territorial sea
claim and a tendency toward the patrimonial sea concept as set
forth in the Declaration of Santo Domingo.
Straits and Semienclosed Seas
If the Panamanian 200-mile territorial sea claim were adopted
by the international community the Caribbean Sea would be closed,
except for innocent passage, to all but the Caribbean littoral
independent states and those foreign states beyond the Caribbean
that have territories in the Caribbean. All of the straits connect-
ing the Caribbean Sea with the semienclosed Gulf of Mexico and the
high seas of the Atlantic, as well as the Caribbean Sea itself,
would be overlapped by territorial sea claims.
The likelihood of such a development, however, has become more
remote as Panama, the Caribbean "hard-liner" on the 200-mile
territorial sea issue, and other Latin American states (Brazil,
Ecuador, and Peru) that have taken this minority position on the
issue increasingly feel the effects of their isolation. It is more
likely that Panama will eventually move toward the position held by
a majority of the Caribbean and other Latin American states; i.e.
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a relatively narrow territorial sea, probably 12 miles, with the
right of innocent passage; an adjacent 188-mile-wide exclusive
economic zone under coastal state jurisdiction, with the right of
freedom of navigation; and, where the continental shelf extends
beyond 200 miles, coastal state resource jurisdiction seaward to
the 200-meter isobath or the edge of the continental margin.
In addition to seemingly negating the application of an
international regime in the Caribbean for the mining of deep
seabed minerals, international agreement on a 200-mile economic
zone would find Panama completely zone locked in the Caribbean and
largely, if not completely, zone locked in the Pacific. However,
it has shown little concern regarding coastal state establishment
of restrictive pollution control measures in such a zone.
Presumably, it believes international and regional pollution
agreements* will not affect the Panamanian-flag merchant fleet
or maritime traffic to and from the Panama Canal. In this connec-
tion the July 1973 draft articles call for:
a. cooperation and consultation among the coastal
states of a region "in the legal, economic,
scientific, and technical spheres relating to
maritime questions," and
b. "due regard to co-operation with other States
and the recommendations of international technical
organizations" in the establishment of pollution
prevention measures in its "adjacent sea."
The draft articles also include a proposal for coastal states
unable to extend their limits of national jurisdiction to the
distance adopted by other coastal states in the same region to
have preferential fishing privileges in the seas of the latter.
Until mid-1973, when it reportedly indicated support of free
passage through international straits, Panama had been silent on
the straits issue.
Archipelagos
Panama supports the archipelago concept. Included in the July
1973 draft articles is a proposal calling for archipelagian state
*By and large, the Latin American states have not shown great
concern about pollution problems, being more concerned with
avoiding regulations that would restrict their economic develop-
ment.
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sovereignty over the waters enclosed by straight baselines joining
the outermost points of the outer islands of the archipelago.
These waters would be considered internal, although they would be
open to navigation by vessels of any state "in accordance with
the provisions set by the archipelagian state."
Coastal State Jurisdiction Beyond the Territorial Sea
In addition to the coastal state's right of sole sovereignty
and jurisdiction within a 200-mile territorial sea, Panama
maintains that where the continental shelf extends seaward of
200 miles the coastal state has exclusive exploration and
exploitation rights to the seabed resources of the shelf to
a depth of 200 meters or beyond to where the depth of the super-
jacent waters admits exploitation, presumably to the outer edge
of the continental margin. Panama signed but did not ratify
the Convention on the Continental Shelf. However, it helped
shape Article 2 of the Convention by advocating inclusion of the
provision that the sovereign rights of the coastal state over
the shelf for the purposes of exploring and exploiting its natural
resources were "exclusive" -- i.e., even if the coastal state
takes no action to explore or exploit its shelf, no other state
has the right to do so without its permission.
In August 1973, Panama cosponsored, along with Ecuador and Peru,
draft articles on fisheries (see Annex) in Subcommittee II of the UN Seabed
Committee. The articles not only reiterate Panama's support of
coastal state exclusive fishing rights in a 200-mile zone but
call for coastal state preferential fishing rights in "a sector
of the sea adjacent to the zone under its sovereignty and
jurisdiction," with the sector rights subject to international
regulations. It has attacked the U.S. species approach on fisheries
as unjust to small countries.
Deep Seabed
The concept of an international authority with jurisdiction
over seabed resources beyond the limits of national jurisdiction
has had consistent Panamanian support. Panama voted for the
"moratorium" UN resolution of 1969, which calls on all states
and entities to refrain from exploitation of deep seabed resources
pending the establishment of an international authority, and
supported the 1971 UN Declaration of Principles Governing the
Deep Seabed, which embodies the concept of the "common heritage
of mankind." Panama has opposed attempts to establish an interim
regime -- a regime formed outside the LOS Conference by the
unilateral action of one state or a group of states -- for the
international area.
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Panama advocates the formation of a strong, highly centralized
international regime to control the exploration and exploitation
of the deep seabed mineral resources, with respect given to the
rights and legitimate interests of coastal states. Membership
in the "International Authority to the Seabed" would be open to
all states, and the principal components of the Authority would be
the Assembly, Council, Enterprise, and Secretariat. As the exploita-
tion arm of the Authority, the Enterprise would have the exclusive
right to exploit the deep seabed minerals. The authority also would
be empowered to:
a. undertake all production, processing, and marketing
activities;
b. regulate production of resources to minimize adverse
economic effects of price fluctuations of raw materials
in the world market;
c. in addition to undertaking exploration and exploita-
tion itself, avail itself of the services of state or
private contractors through a system of contracts or
joint ventures;
d. provide for the equitable sharing of all benefits
derived from the resource exploitation of the area,
with special attention given to the interests and needs
of developing countries;
e. take measures to conserve the resources and prevent
damage to the marine environment;
f. provide to developing countries scientific and
technical training of their nationals, as well as
technical assistance in marine resource exploration and
exploitation;
g. promote the creation and development of entities
in developing countries, and reserve zones in the
international area for preferential exploitation
by such entities;
h. ensure employment of qualified personnel from
developing countries in international area activities;
i. give priority to developing countries in the
location of processing plants for the resources
extracted from the area.
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Panama proposes a dual criterion for setting the areal limits
of the Authority -- 200 miles offshore or the edge of the con-
tinental margin, whichever is farther seaward. Under such a
criterion the international regime seemingly would be inapplic-
able in the Caribbean in that no part of the sea lies beyond 200
miles of a littoral independent state or territory. Panama would
also give up nothing to the international regime off its Pacific
coast, where its 200-mile zone would abut on those of Costa Rica
and Colombia.
Landlocked States
The draft articles cosponsored by Panama in July 1973 call for
the right of a landlocked state to free access to the sea through
neighboring coastal states for such uses and preferential regimes
as may be agreed upon with neighboring coastal states in the waters
claimed by the latter; and to preferential regimes, under regional
or bilateral agreements, within the waters claimed by coastal states
not adjacent to the landlocked state in the same region. In August
1971, Panama cosponsored, along with 12 other Latin American states,
a working paper (see Annex) in the UN Seabed Committee advocating
special consideration for developing countries, including landlocked
states, in the distribution of benefits from the exploitation of deep
seabed mineral resources of the international area. Similar con-
sideration for equitable participation by landlocked states in
the exploitation of fisheries in the international area was pro-
posed in Subcommittee II draft articles cosponsored by Panama in
August 1973 (see Annex).
Included in the July 1973 draft articles is a pollution control
regime article stipulating coastal state control within an area
extending as much as 200 miles offshore "with due regard to co-
operation with other States and the recommendations of international
technical organizations." The draft articles also include a proposal
calling for international pollution regulations beyond the area of
coastal state jurisdiction. However, not included are specific
proposals on vessel-source pollution or pollution resulting from
land-based or seabed exploitation activities. Rather, the pollution
issue is addressed in the broadest terms, both in relation to the
200-mile zone and the international area. Panama is a party to only
one of the four major oil pollution conventions -- the International
Convention for the Prevention of Pollution of the Sea by Oil.*
*The other major oil pollution international conventions are
Intervention on the High Seas in Cases of Oil Pollution Casualties,
Civil Liability for Oil Pollution Damage, and Compensation for Oil
Pollution Damage.
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Panama maintains that any scientific research activity con-
ducted within a coastal state's jurisdiction must be with the
consent of the coastal state. In this connection the coastal state
would also have the right to participate in the research and
receive the research results. Beyond the area of coastal state
sovereignty and jurisdiction, it supports freedom of scientific
research.
Panama has not shown any great interest in the issue of
prohibiting the use of the seabed for military purposes. It is
not a party to the Nuclear Test Ban Treaty or the Seabeds Arms
Limitation Treaty. However, there is mentin in the July 1973
draft articles cosponsored by Panama in Subcommittee II of
reserving the use of the seas beyond coastal state jurisdiction
for peaceful purposes.
Key Policy Makers, LOS Negotiators and Advisers
Omar Torrijos, as "Supreme Revolutionary Leader," is the real
power within the Panamanian Government, controlling all executive,
legislative, and judicial power. A strong, pragmatic, nationalistic
leader, and an instinctive populist, Torrijos gives his ministers
free rein in carrying out broad policy directives. However, when
he becomes interested in a particular issue he arrogates full
control to himself.
The influence of President Lakas and Vice President Sucre,
appointed by Torrijos after the coup attempt in 1969 and later
elected to the posts by the Torrijos-dominated National Assembly,
is almost totally dependent on their standing at the moment with
Torrijos.
Panamanian officials who attended one or more of the prepara-
tory sessions for the Third UN Conference on LOS or the organiza-
tional session of the Conference are as follows:
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Name and Title (as they appear in
the latest UN listing)
S.E. Lic. Aquilino E. BOYD
Embajador Extraordinario y
Plenipotenciario
Representante Permanente ante
las Naciones Unidas
S.E. Sr. Jose M..ESPINO GONZALEZ
Embajador
Representante Permanente ante
la Oficina de las Naciones
Unidas
Sr. Octavio FERRAR ANGUIZOLA
Ministro
Representante alterno
Mision Permanente
Geneva
Licenciado Octavio A. FERRER
Representante alterno ante la
Oficina de las Naciones Unidas
S.E. Dr. Omar JAEN SUAREZ
Embajador Especial
Asesor de Politica Exterior del
Ministerio de Relaciones
Exteriores
M. Luis Felipe MORA
Secretario de Embajada
Mission permanente aupres de
l'office des Nations Unies
Lic. Luis Felipe MORA BETHANCOURTH
Encargado de Negocios a.e.
Mision permanante ante la Oficina
*S.E. Prof. Didimo RIOS
Embajador Extraordinario y
Plenipotenciario
Representante Permanente Alterno
ante las Naciones Unidas
Mar .
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Conf.
Dec
73
X
X
X
X
X
X
X
X
X
X
X
X
X
Seabed Committee Session
Org.
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Name and Title
Lic. Mitsi RIOS
Vice Consul General en Ginebra
Seabed Committee Session
Org.
Conf.
Dec
73
Sr. Emilio ROYO LINARES
Secretario Embajada
Mision Permanente ante to
Oficina de las Naciones
Unidas
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
X
X
x
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SECRET
'Part II - Background Information
Geography
World region: Latin America
Category: coastal (open shelf)
Bordering states: Costa Rica, Colombia
Bordering bodies of water: Caribbean Sea, Golfo de los Mosquitos,
Pacific Ocean, Gulf of Panama, Golfo de Chiriqui
Bordering semienclosed sea: Caribbean Sea
Area of continental shelf: 16,700 sq. mi.
Area to 200 mi. limit: 89,400 sq. mi.
Area to edge of continental margin: 40,300 sq. mi.
Coastline: 1,545 statute mi.
Land: 29,208 sq. statute mi. (excluding Canal Zone, 553 sq. statute mi.)
Population: 1,618,000
Industry and Trade
GDP: $1,408 million, $900 per capita (1973 est.)
Major industries: food processing, metal products, construction
materials, petroleum products, clothing
Exports: $132 million (f.o.b., 1973 est.); bananas, petroleum
products, shrimp, sugar, meat, coffee
Imports: $473 million (f.o.b., 1973 est.); manufactures, transporta-
tion equipment, crude petroleum, chemicals, foodstuffs
Major trade partners: exports - U.S. 38%, Canal Zone 32%, West
Germany 20%; imports - U.S. 33%, Venezuela 15% (1972 est.)
Merchant marine: 1,213 ships (1,000 GRT or over); 17 passenger,
813 cargo, 7 container, 204 tanker, 142 bulk, 1 combination
ore/oil, 29 specialized carrier
Marine Fisheries
Catch: 62,400 metric tons; exports - $13.3 million, imports -
$2.0 million (1971)
Economic importance: significant national (third most important
export); minor local
Ranking: 10th regionally
Nature: coastal, chiefly within 200 mi. of Pacific coast
Other countries fishing off coast: U.S. and others
Species: shrimp, herring, anchovy, scallops, some tuna
Marine fisheries techniques: modern, including trawls and purse
seines, largely limited to Pacific; domestic market partly
supplied by artisanal fisheries
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Navy
Ships: 7 patrol craft, 3 landing craft, and 1 service craft
Government Leaders
Constitutional President and Chief of State: Demetrio Lakas, but
subordinate to General Omar Torrijos, the National Guard
Commandant who was given special powers for 6 years by the
Constitutional Assembly in 1972
Minister of Foreign Relations: Juan Antonio Tack
Multilateral Conventions
The date given is the date of the deposit
of the instrument of acceptance
Convention for the Establishment of an Inter-American Tropical Tuna
Commission, September 1953
Convention on the Inter-Governmental Maritime Consultative Organiza-
tion, December 1958
International Convention for the Safety of Life at Sea, October 1965
International Convention on Loadlines, May 1966
International Convention for the Prevention of Pollution of the Sea by
Oil, September 1963
(Panama ratified Convention for the Regulation of Whaling on 30 September
1948 and the Protocol to the Convention on 9 February 1959. It
denounced the Convention with effect from June 30, 1969.)
Multilateral Declarations
Declaration of Latin American States on the Law of the Sea, August 1970
Montevideo Declaration on the Law of the Sea, May 1970
Membership in Organizations Related to LOS Interests
IADB . . . . . . . . . Inter-American Defense Board
IAEA . . . . . . . . . International Atomic Energy Agency
ICAO . . . . . . . . . International Civil Aviation Organization
ITTC . . . . . . . . . Inter-American Tropical Tuna Commission
OAS . . . . Organization of American States
Seabed Committee . . . United Nations Committee on the Peaceful Uses
of the Seabed and Ocean Floor Beyond the Limits
of National Jurisdiction
UN . . . . . . . . . United Nations
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Present Ocean Claims
Type Date Terms Source, Notes
Territorial 1958 12 mi. Act No. 58 of Dec. 18, 1958
Sea (Doc. A/CONF. 1915, under
Panama)
1967 200 mi. Law No. 31 of Feb. 2, 1967
Gaceta Oficial No. 15,803,
Feb. 14, 1967, at I, Col. I
(200 mi . territorial sea)
Continental 1946 Constitution Mar. 1, 1946,
Shelf UN Leg. Series (145), Vol . 1,
p. 15
Decree Law of Aug. 22, 1963--
Mineral Resources Code
1967 Seabed and Law No. 31 of Feb. 2, 1967
subsoil of Including sovereignty over
200 mi. superjacent waters
Zone
Exclusive 1946 200 mi .
Fishing
Fisheries 1953 To the Decree No. 172, Aug. 5, 1953
Cons erva - conti nen-
tion tal shelf
Straight 1956 Ley No. 9, Jan. 30, 1956
Gulf of Panama a historic bay
from Punta Mal a to Punta
Jaq ue
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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.
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
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sover-
eignty over all their natural resources, wherever
found.
18
Against
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UNITED NATIONS
G ENN+ER' AL
ASSEMBL
CO11+7ITTEE ON THE PEACEFUL USES OF T11
SEA BED AND T11E OCEAIT FLOOR BEYOND
THE LIT-TITS OF NATIONAL JURISDICTION
Distr.
LIMITED
A/AC.138/SC.II/L.27
13 July 1973
ENGLISH
Original: SPANISH
DRAFT ARTICLES FOR INCLUSION IN A CONVENTION ON THE LAW OF THE SEA
Working paper submitted by the delegations
of Ecuador Panama and Peru
PART I
ADJACENT SEA
Section I - General provisions
Article 1
1. The sovereignty of the coastal State and, consequently, the exercise of its
jurisdict(;ion, shall extend to the sea adjacent to its coast up to a limit not
exceeding a distance of 200 nautical miles measured from the appropriate baselines.
2. The aforesaid sovereignty and jurisdiction shall also extend, to the air space
over the adjacent sea, as well as to its bed and subsoil.
Article 2
It shall be the responsibility of every coastal State to fix the limits of the
adjacent sea under its sovereignty and jurisdiction, within the maximum distance
referred to in article 1, with due regard to reasonable criteria taking account of
the relevant geographical, geological, ecological, economic and social factors, as
well as of considerations of the preservation of the marine environment and of
national security.
Section II - Baselines
... (Provisions on delimitation between States whose coasts are opposite or
contiguous) . ........................ :............................................
Article
1. The area of sovereignty and jurisdiction of an archipelagian State may be
measured from straight baselines joining the outermost points of the outer islands
and reefs of the archipelago.
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2. In ouch cases, the waters enclosed by the baselines shall be considered internal
waters, though vessels of any flag may sail in them, in accordance with the
provisions laid down by the archipelagian State.
... (Complementary provisions) .................................................
Section III - Navigation regime
Article 4
1. In the sea under the sovereignty and jurisdiction of the coastal State, vessels
of any flag may sail freely, without restrictions other than those imposed by the
duties of peaceful co-existence and compliance with the provisions laid down by the
coastal State as regards the prospecting, exploration, conservation and exploitation
of resources, tha.preservation of the marine environment, scientific research, the
emplacement of installations and safeguards for navigation and shipping.
2. In so far as they are relevant, the provisions of the preceding paragraph shall
also apply to aircraft.
Article 5
Notwithstanding the provisions of article 4, the coastal State may lay down
additional provisions for the passage of foreign vessels and aircraft within a
limit close to its coast, for the purpose of safeguarding national peace, order
and security.
... (Complementary provisions, including passage through straits used for
international nevigation) .......................................................
Section IV - Natural resources regime
Article 6
The renewable and non-renewable resources of the sea, and of its bed and
subsoil, within the limits referred to in article 1 shall be subject to the
sovereignty and jurisdiction of the coastal State.
Article 7
The prospecting and exploration of the adjacent sea, as i rell as the exploitation
of its non-renewable resources, shall be subject to the regulations of the coastal
State, which may reserve the aforesaid activities for itself or its nationals, or
permit them to be carried out by third parties in accordance with the provisions of
its internal legislation and of any relevant international agreements it may
conclude.
Article 8
The prospecting, protection, conservation and exploitation of the renewable
resources of the adjacent sea shall also be subject to the regulations of the coastal
State and to any relevant agreements which it may conclude, with due regard, so far
as may be appropriate, to co-operation with other States and the recommendations of
international technical organizations.
... (Complementary provisions on natural resources) ............................
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Section V - Pollution control re;.i.me
Article 9
It shall be the responsibility of the coastal State to establish measures to
prevent, reduce or eliminate in its adjacent sea any damage or risks arising from
pollution or other ef:Pects detrimental or dangerous to the ecological system of the
marine ronment, water quality and use, living resources, human health and the
624, "'?L, envittn
d~ of its population, with due regard to co-operation with oth:- States
and the .recommendations of international technical organizations.
... (Complementary provisicns on pollution) ......................................
Section VI - Scientific research regime
Article 10
1. It shall be for the coastal State to authorize any scientific research
activities that may be conducted in its adjacent sea; the coastal State shall also
have the right to participate in such activities and to receive the results obtained.
2. In the regulations which it establishes for this purpose, the coastal State
shall bear particularly in mind the desirability of promoting and facilitating such
activities and of co-operating with other States and international organizations in
disseminating the results of the research.
... (Complementary provisions on scientific research) ............................
Section VII - Regime-;overning installations
Article 11
The coastal State shall permit the laying of submarine cables and pipelines
in its adjacent sea, without restrictions other than those that may result from
the provisions referred to in article 4, paragraph 1.
Article 12
The emplacement and use of artificial islands and other installations and
devices on the surface of the sea, in the water column and on the bed or in the
subsoil of the adjacent sea shall be subject to authorization and regulation by the
coastal State.
... (Complementary provisions on installations) ...................................
Section VIII - Regional and subregi.one.l regimes
Article 13
1. In regions or subregions in which certain coastal States, owing to geographical
or ecological factors, are unable, before all their coastlines, to extend the limits
of their sovereignty and jurisdiction up to distances equal to those adopted by other
coastal States in the same region or subregion, the former States shall enjoy, in
the seas of the latter States, a preferential regime vis-L-vis third States in
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matters relating to the exploitation of renewable resources, the said regime to be
determined by regional, subregional or bilateral agreements taking into account
the interests of "ie respective States.
2. Enjoyment of the preferential regime referred to in the preceding paragraph
shall be reserved to nationals of the usufructuary States for internal use.
Article 14
The coastal States of a single region or subregion shall promote such forms
of co-operation and consultation as they consider most appropriate in the legal,
economic, scientific and technical spheres relating to maritime questions.
... (Complementary provisions on regional and subregional agreements) .............
Section IX - land-locked countries regime
Article 15
1. Land-locked States shall have the right of free access to the sea for the
purpose of such uses and such preferential regime as they may agree upon with the
neighbouring coastal States within the seas adjacent to the latter, and for
enjoyment of the freedoms of the international seas.
2. Such uses and such preferential regime in the seas adjacent to the neighbouring
coastal States as may be agreed upon shall be reserved to national enterprises of
the land-locked State.
3. For the purposes provided for in this article, coastal States shall guarantee
neighbouring land-locked States free passage through their territories, as well as
equal treatment ac regards entry into and use of ports, in accordance with internal
legislation and any relevant agreements they may conclude.
Article 16
Coastal States which are not adjacent to land-locked States in the same region
or subregion shall accord uses and a preferential regime within their adjacent seas
to national enterprises of such land-locked States, under regional, subregional or
bilateral agreements taking the interests of the respective States into account.
... (Complementary provisions on the regime for land-locked countries)............
PART II
CONTINENTAL SHELF
(Provisions to be considered for cases in-which the continental shelf extends
beyond the limits referred to in article 1) . .......................................
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PART III
INTERNATIONAL SEAS
Article 17
The term "international seas" shall denote that part of the sea which is not
subject to the sovereignty and jurisdiction of coastal States.
Article 18
The international seas shall be open to all States, whether coastal or
land-locked, and their use shall be reserved for peaceful purposes.
Article 19
The following freedoms shall be exercised on the international seas:
(1) freedom of navigation;
(2) freedom of overflight;
(3) freedom to lay submarine cables and pipelines;
(4) freedom to emplace artificial islands and other installations permitted
under international law, without prejudice to the provisions of article 24;
(5) freedom of fishing, subject to the conditions laid dorm in article 20;
(6) freedom of scientific research, subject to the conditions laid down in
article 23.
These freedoms shall be exercised by any State, with due consideration for
the interests of other States in the exercise of the same freedom.
... (Complementary provisions) .....................................................
Article 20
1. Fishing and hunting in the international seas shall be subject to regulations
of a world-wide and regional nature.
2. The aforesaid activities shall be carried out by techniques and methods which
do not jeopardize adequate conservation of the renewable resources of the international
seas.
Article 21
The coastal State has a special interest in maintaining the productivity of
renewable resources in any part of the international seas adjacent to the area
subject to its sovereignty and jurisdiction.
Article 22
All States shall be obliged to comply with international regulations designed
to prevent, reduce or eliminate any damage or risks arising from pollution or other
effects detrimental or dangerous to the ecological system of the international seas,
water quality and use, living resources and human health.
... (Complementary provisions on pollution) ........................................
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Article 23
Scientific research in the international seas shall be open to any State and
shall be promoted and facilitated under forms of co-operation and assistance which
permit the participation of all States, irrespective of their level of development
or of whether they are coastal or land-locked.
... (Complementary provisions on scientific research) ............................
Article 24
The emplacement of artificial islands or any other type of installations apart
from submarine cables or pipelines shall be subject to international regulations.
... (Complementary provisions on the international seas) ..........................
PART IV
BED AND SUBSOIL OF THE INTERNATIONAL SEAS
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/Ac.136/sc.II/L. 27/Corr.1
17 July 1973
Original: SPANISH
C0194ITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SU.B-COI,24ITTEE II
Working paper submitted by the deleations of
Ecuador. Panama and Peru
Corrigendum
Pagel
1. PART I
The title should read [ADJACENT SEA]
2. Not applicable to English
c,E. 73-48607
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UNITED NATIONS
GENERAL
ASSEMBLY
COMMITTEE ON TILE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
Distr.
LIMITED
A/AC.138/SC.II/L.27/Corr.2
26 July 1973
ENGLISH ONLY
DRAFT ARTICLES FOR INCLUSION IN A CONVENTION ON THE
LAW OF THE SEA
Working, a er submitted byhe delegations
of Ecuador, Panama and Peru
Corrigenda
Page 3, Section V. Article 9, fifth line
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UNITED NATIONS
GENERAL
ASSEMBL
COMMITTEE ON THE PEACEFUL USES OF THE SEA-BED AND THE
OCEAN FLOOR BEYOND M- LIIAITS OF NATIONAL JURISDICTION
Distr. ---_
LIMITED
A/AC.138/SC.II/L.54
10 August 1973
ITTGLISH
Original: SPANISH
DRA.I'T ARTICLES ON FISHERIES IN NATIONAL AND
INTERNATIONAL ZONES IN OCEAN SPACE
Submitted by the 'iele ations of Ecuador, Panama and Peru
Note: These draft articled supplement the provisions contained in part I
(articles 6 and 8) - and part III (articles 19, 20 and 21) of the
Draft Articles for Inclusion in a Convention on the Law of the Sea,
submitted in document A/AC.138/SC.II/L.27. They incorporate some
of the concepts contained in proposals of other delegations concerning
fishery regimes.
I. Fisheries in zones of national soverei,~.ty and Jurisdiction
Article A
It shall be the responsibility of the coastal State to prescribe legal provisions
relating to the management and exploitation of living resources in the maritime zone
under its sovereignty and jurisdiction, primarily for the purposes of ensuring the
conservation and rational utilization of such resources, the development of its
fishing and related industries and the improvement of the nutritional levels of
peoples.
Article B
The coastal State may reserve the exploitation of living resources in the maritime
zone under its sovereignty and jurisdiction to itself or its nationals, having regard
to the need to promote the efficient utilization of such resources, economic stability
and maximum social benefits.
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Article C
Where the coastal State permits nationals of other States to exploit living
resources in the maritime zone under its sovereignty and jurisdiction, it shall
establish conditions for such exploitation, including, inter alia:
(a) obtaining fishing and marine hunting licences and permits through payment of the
corresponding fees;
(b) specifying the species that may be caught;
(c) fixing the age and size of the fish or other resources that may be caught;
(d) establishing prohibited areas for fishing and hunting;
(e) fixing the periods during which the indicated species may be caught;
(f) fixing the maximum size of catches;
(g) limiting the number and tonnage of the vessels and the gear that may be used;
(h) specifying the gear permitted to be used;
(i) procedures and penalties applicable in cases of violation.
Article D
1. In adopting measures to conserve living resources in the maritime zone subject
to its sovereignty and jurisdiction, the coastal State shall endeavour to maintain
the productivity of species and avoid harmful effects for the survival of living
resources outside the said zone.
2. The coastal State shall, .for the foregoing purposes, promote any necessary
co-operation with other States and with competent international organizations.
Article E
The coastal State may, within the limits of the maritime zone under its
sovereignty and jurisdiction, board and inspect foreign-flag fishing or hunting
vessels; if it finds evidence or indications of a breach of the legal provisions of
the coastal State, it shall proceed to apprehend the vessel in question and take it to
port for the corresponding proceedings.
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A,-title F
Any dispute concerning fishing or ln~.nting activities by foreign-flag vessels
within the ::one under the- sovere7-6^nty and jurisdiction of the coastal State shw11 be
settled by the competent authorities of the coastal State.
(II) Fisheries in international sear,
Article G
Fishing and marine hunting activities in the international seas shall be
conducted in conformity with the articles of this Convention and with any aareemcnts
that are concluded at the world or regional level.
Article If
1. Regulations adopted to regulate fishing and hunting in the international seas
shall ensure the conservation and rational utilization of living resources and the
equitable participation of all States in their exploitation, with due regard to the
special needs of the developing; countries, including those of the land-locked
countries.
2. Such regulations shall establish conditions and methods of fishing and hunting
which prevent the indiscriminate exploitation of species and avert the danger of
their extinction.
Article I
The coastal State shall enjoy preferential rights to exploit living resources in
a, sector of the sea adjacent to the zone under its sovereignty and jurisdiction, and
may reserve to itself or its nationals a part of the permissible catch of such
resources.
Article J
With regard to the living resources of an area. of the sea, situated beyond the
limits of the zones of sovereignty and jurisdiction of two or more States, which
breed, feed and live by reason of the resources of that area, the States concerned
may agree among themselves on appropriate regulations for the exploration,
conservation and exploitation of such resources.
Article K
States shall ensure that the vessels of their flag comply with the fishing and
hunting regulations applicable in the international seas; and they shall punish
those responsible for any breach that may come to their notice.
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pace A.
Article L
Where a State has good reason to believe that vessels of the flag of another
State have violated fishing and hwiting regulations applicable to the international
seas, the former State may request the flag State to ta'_uc: the necessary steps to
punish those responsible.
Article III
Any dispute relating to the interpretation or a.pplica.tion of articles G to L of
this Convention and of any international or reGional regulations that may be adopted,
or in respect of fishing and hunting activities in the international sea, shall be
submitted to the procedures for peaceful settlement provided for in the Convention.
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U N1TEt) NATIONS
L
{ = `~ R A L
ASSEMBLY
GEZ ', AL
A Ac.138/!.9
i. August 1971
ORIGINAL: ENGLISH AND SPANISH
CO. ~ ON THE PE&CE' "L USES OF' THE Ihzal_ distribut3 on
SEA -BL D AND THE OCEAN FLOOR BEYOND T
LBIITS OF NATIONAL JURISDICTIO11
WOD7Tmn- PAPER Oii T? E P:,,-GIDF,E FOR THE SEA BED AI OCEAN
FLOOR AND ITS SUBSOIL BEYO~ID THE Lr TS OF NATIOPTAL JURISDICTION
Submitted by chile, Colombia, Ecuador, . El Sa7:vador, - Guatemala= Guyana,'
Jamaica, t_exico, Panama, Peru, Trinidad and Tobago, trruguay, Venezuela.
P R E A N B L E
Wit? PTEr I
Fundamental principles
r 1.- The Sea Bed and Olean Floor and tha subsoil thereof beyond the Ii iti of
tiGr_al jurisdiction (hereinafter referred +to as tong area"} as well as its
itag3 Jf :,-- r!'AnJ,
co=,-on }a
are the ,??"' -'
The area and, its resources s?np11 not be subject o ~p ropria`:i}:~ h' =
^y States or perscns, r tural or juria (:ryl, and no S ua va , '' .1:1
K_ .. '~atsoa?TSr b
.l' 8`!erci s3 soJ`'?reign+y over anyT part of t~e area and its Y@scurC~::, ~:~
~? ? it ;lair or exerciso any right' ----,-c:--pt as hereinafter provided.
3.- ~'~ r-:cclus.y i ri Sr"yct~.on over :9 area and C ii-nistration of its 3 3.^'1i Ce
"Te lt:,. ,~
Lt' s .- 1Yr ostahli ahed '? n ci L.: 4..~^.
on c2hal by
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Art. 4.- The benefits obtained :f rcm axr,! oitation of they ra sources of the area ~;h:. 11
distributed oquit.;.bly among -.ll. St t. s, Irrespective of their geographical loan tioc,
giving special consideration to the iixte.re: s and needs of developing countries
whether coastal or l-:ndlocked.
Art. 5.- Exploitation of the resources of the area. shall be carried out in a rational
manner so as to ensure their conserv~.ti on and to minima zo any fluctuation in the prico-
of minerals and raw m< terials from terrestrial sources that may result from s'ich
exploitation and adversely .ffect the exports of the developing countries.
Art. 6.-- All activities in the area shall be carried out in such a manner as to protect
and conserve the natural., resources of the area and to prevent damage to the f-.una acid
flora of the marine environment.
Art. ?.- The area shall be used exclusively for peaceful purposes.
Art. 8.- In the activities carried out in the crag.,' the rights and legitinvate interests
of coastal States shcl.I be respected. Consultations shall -be maintained with the
coastal States concerned with respect to activities relating to the exploration of the
area and the exploitation of resources with -. view to avoiding infringement of such
rights and interests. Coastal States shall have the right to adopt such measures as
may he necessary to prevent, mitigate or eliminate grave danger to their coasts or
related interests that may result from pollution, the threat of pollution or from any
other hazardous occurrences resulting from or caused by such activities.
CHAPTER II
The Authority. Members. Functions and Powers.
krt. 9.- The Parties to this Contention do hereby establish an International Authority
for the Sea bed, heroin referred to as "The xuthortty'l.
Art.lq. - The seat of The Authority shall be -- It may be transferred by the Assembly on
the affirmative vote of two thirds of its members.
Art.ll,-- Membership in the Authority shall be open to _all States.
Art.12.- The Authority shall have such international legal capacity as may be nocess^:ry{
for the exercise of its functions and the fulfilment of its purposes.
Art.13.- The Authority shall enjoy in the territory of each of its members, such
privileges and immunities as are necessary for the fulfilment of its purposes.
Art.14. - The International Seabed ,authority, hereby est-_blished, is empower?3d:
(a) to provide for the orderly and safe development and rational mena..gement
of the area and its resources for the benefit of mankind;
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 (b) to undertake scientific research in the area;
_
App(6)vq51~zp1Qt~~gt/h9 l? ?? "9,M?_4Q1 qQ1iq0P
eso4irces
as well as all activities relating to produ( tion, processing and marketing;
(d) to provide for the equitable sharing of benefits deriving from the
exploration of the area and the exploitation of its resources, taking into account the
special interests and needs of the developing countries, whether landlocked or coastal,
in accordance with precise criteria to be established by the Assembly;
(e) to take all necessary measures, including inter ct1.it, . control, reduction
or suspension of production or fixing of prices of products obtained from exploitation
of the arec,, whenever it deems that such production may have adverse economic offects
for developing countries, exporters of r:-.w m::terials;
(P) to take me-sures to prevent, mitigate or eliminate pollution or the threat
of pollution v.s.. well as other hazardous occurrences resulting from or-c .used by _xzy
=activities in the area;
(g) to make, on the.i.nitiative of interested States or in agreement with them,
such regional or subregional arrangements, including the establishment of subsidiary
organs and regional or subregional facilities, as it deems necessary for the exercise
of .its functions;
(h) to take measures to ensure the implementation of the principles and
provisions of .this convention.
Art.15.W The Authority shall itself undertake exploration and exploitation activiti-' The Assembly shall establish, as an advisory body to the Council, a Planning
Commission to draw up plans and make recommendations, as may be necessary, for the
development and use of the area and its resources, including appropriate measures for
the strengthening of the technological capability of developing. countries and for
preventing any fluctuation in the prices of raw materials that may adversely affect the
economy of developing countries.
SECTION2
COUNCIL
Art.26.- The Council shall comprise 35 members and shall meet as often as necessary
for the performance of its functions.
Art.27.- Meiabers of the Council shall be elected-by the Assembly., from the lists
prepared in accordance with Article... having due regard to the principle of equitable
geographical representation.
Art.28.- The members of the Council shall serve for a term of three years and shall be
eligible for re-election. Elections shall be held every year. The Assembly shall
,determine., by drawing lots., after the first election, that the mandate of twelve member
shall expire 'at the end of one year and that of, twelve other members at the end of two{
years.
Art.29.- Each member of the Council shall have one vote. Substantive decisions of
the Council shall be made by a two-thirds majority of the members of the Couftcil
present and voting. Procedural decisions (including the-question as to whether 'a
particular decision is substantive) shall be made by a simple majority of members of the
Council present and voting.
Art.30.- The Council shall elect its Chairman, three Vice-Chairmen and one Rapporteuy
for a term of one year.
The Chairman, or in case of his incapacity, the Vice--Chaircranp appointed by him
shall'
s
Convene and conduct the meetings of the Council and carry out such other
functions as may be assigned,to him by the Council.
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Art.31.-- Any Contracting Party not represented on the Council may participate without
vote in the consideration by the Council.of cny question which is of particular interest
to it.
Art-32.- The powers and duties of the Council shall be to:
(a) submit annuaa reports to the Assembly as well as special reports which
it may deem necessary or when requested by the Assembly;
(b) determine.its rules of procedure;
(c) propose to.the, Assembly the establishment of subsidiary organs., as may
be necessary or desirable, and the definition of their duties;
(d) to make recommendations to the Assembly as to the contribution of member
States;
(e) submit proposed budgets to the Assembly for its approval, and supervise
their execution;
? (f) issue regu? anions pertaining to all activities undertaken in the area,
including those related to the resources thereof, and supervise those activities, in
accordance with such criteria; -.s may be laid. down by the assembly;
(g). submmiit to the Assembly proposed rules ::.nd regulations on the formation of
joint ventures with juridic?:1 persons, duly sponsored, by States, fot the exploration
and exploitation of the resources of the area;
(h) submit to the Assembly the scale of distribution among Contracting Parties
of benefits from activities in tae area;
(i.) -.uthorize scientific research in the are-:;
(j) set rules and standards for the prevention of pollution and contamination
of the marine environment from seabed activities;
(k) adopt, for the benefit of developing countries, meesures designed to
attain the aims sat forth in Art. 16.
(1) to rake recomnendations to the Assembly with respect to reserve are~-.s as
provided for in Art. 24j;
L{m) (question of the powers and functions of the Council with regard to the
Entarprise)J
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THE P ;i'E.RPRISE
Art-33.- The Enter'.-riss is th ; organ of t'-i ,uthority empowered to undertake all
technical,, industrial or commercial activities relating to the exploration of the area
and exploitation of its resources (b;r itself, or in joint ventures with juridic '_
persons duly sponsored by States).
art.34.- The Enterprise shall have an independent legal personality and such legaal
capacity as may be necessary for the exercise of its functions and the fulfilment of its
purposes.
Art-35.- (Questions. relating to the structure and functions of the Enterprise).
SECTION 4
THE ^ECRET Ir,T
Art.30'. - There sip?1l be . S :cret ry-Generel, elected by the Assembly for a term of
five ye:i.rs. The Secretary-General eball be the chief administrative officer of the
Authority.
A:rt.37. - The Secre P.x^f-Gensr:,.l shall act in that capacity in all meetings of the
Assembly and the council s.d shall perform such other duties as are entrusted to him by
these org-ins. He shall make n annual report to the Assembly on the work of.. the
Authority.
Art.3$. - The Secret rsr-Gen: r< l shall a.c t in ,xi advisory capacity to the Enterprise.
Art-39.- The Secretary-Gener-_ shall be responsible-for the distribution of all
information obtained from scientific research in the area.
i.rt.4O.- The Secretary-General shall draw the attention of the Council to any matter
which in his opinion may require its urgent consideration.
srt.41.- In the performance of their duties the Secretary-General era the staff shall
not seek or receive instructions from any Government or from any.other authority
e rteern ;l, to the Authority. They shall refrain from any action which might reflect on
their position as international officials responsible only to the Authority.
Art.42.- Each Member of the Authority undert~-kes to respect the exclusively inter-
national character of the responsibilities of the Secretary-General and the staff and
shall not seek to influence them in the discharge of their responsibilities.
Art-43.- The staff shall be appointed by the Secretary-General under regulations
established by the Assembly.
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~irt,4Y Appropriate staffs shall be permanently assigned to the Assembly and the
Council, and, as required, to other organs of the Authority. These staffs shall form
a part of the Secretariat.
Art, 45. -. The paramount consideration in the employment of. the staff and in.tha
determination of the conditions of service shall be the necessity of securing the.
highest standards of efficiency, competence, and integrity. Due regard shall be paid
to the impotence of recruiting the staff on sts wide a geographical basis as possible.
CHaPTER IV
SETTLE NT OF DISPUTES
CHAPTER V
FINAL PROVISIONS
(Questions relating to amendments, ratification, accessions, reservations, entry into
force) etc.)
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7
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Secret
Secret
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