LAW OF THE SEA COUNTRY STUDY U.S.S.R.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300050001-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 89
• Document Creation Date: December 9, 2016
• Document Release Date: March 27, 2001
• Sequence Number: 1
• Publication Date: April 1, 1975
• Content Type: STUDY

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Secret
No Foreign Dissem
Law of the Sea Country Study
USSR
Secret
SG! LOS 75-6
April 1975
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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:
?511(1), (2), and (3)
Automatically declassified on:
date impossible to determine
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No Foreign Dis.sem
FOREWORD
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
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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,
involved. Parj111111111.11
basic data and information bearing on law of the sea matters.
This study was prepared by the Office of Geographic
and Cartographic Research. was provided by
the Central Reference Service me 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 Dissent
CONTENTS
Part I - Law of the Sea Analysis
Summary 1
Factors Influencing LOS Policy 2
Law of the Sea Policy 7
Key Policy Makers, LOS Negotiators and Advisers 24
Part II - Background Information
Basic Data 46
Conventions 48
Present Ocean Claims 52
Action on Significant UN Resolutions 56
Membership in Organizations Related to LOS Interests 57
ANNEX
UN LOS draft articles submitted by U.S.S.R.
Maps: U.S.S.R. Marine Limits
Theoretical Division of the World Seabed
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U.S.S.R.
Part I -- Law of the Sea Analysis
A. SUMMARY (U)
The U.S.S.R. has played an active
role in support of conservative Law
of the Sea (LOS) proposals. As a
major maritime power, it benefits
from use of the existing international
order on the high seas and has tended
to try to contain proposals for change.
When this has proven difficult or
impossible, it has acquiesced slowly
and cautiously, relenting only to
the extent necessary.
While taking new and more liberal stances on various LOS issues
at Caracas, apparently in a desire to display political accommodation
with the developing countries, Soviet delegates persistently tied
the acceptance of any given proposal to general acceptance of a
wide spectrum of proposals in which the U.S.S.R. has an interest.
Thus its acceptance of an economic zone is conditioned by interna-
tional acceptance of Soviet-approved proposals on such matters as
the breadth of the territorial sea and freedom of passage through
international straits.
The U.S.S.R. advocates 12 miles* as the maximum limit for the
territorial sea; the right of a coastal state to create a contiguous
zone, provided the zone does not extend beyond 12 miles from the
baseline used to delineate the territorial sea; and the general
acceptance of special conditions in the decreed Soviet sector of
the Arctic. The U.S.S.R. demands freedom of navigation for all
ships through straits that connect one part of the high seas with
another; nonsuspendible innocent passage for all ships through
straits used for international navigation between the high seas
and the territorial seas of one or more nations; and the recogni-
tion that the legal regime of certain straits is regulated by inter-
national agreement. The U.S.S.R. maintains that the regime in
archipelagic waters should be considered in conjunction with such
related issues as the breadth of the territorial sea and transit
through straits.
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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The U.S.S.R. in 1974 indicated willingness to delimit the
continental shelf by use of either a 500-meter or a 200-mile formula.
It has also proposed the creation of 200-mile economic zones, giving
coastal states sovereign rights over all the natural resources
in the zone, conditional upon acceptance of Soviet proposals on.
the basic questions of the law of the sea.
The Soviet proposal on the exploration and exploitation of
the deep seabed envisions peaceful, equitable, and rational devel-
opment under the supervision of an international authority, limited
in scope and designed to promote cooperation among member states.
The competence of this organization would be restricted to questions
concerning the exploitation of seabed resources beyond the limits
of coastal state jurisdiction. It would be empowered, however,
to contain the influence of private or international organizations.
At Caracas the U.S.S.R. indicated preference for a convention
that would guarantee the right of coastal states to take measures
to protect their territorial waters from pollution and to allocate
responsibility for violations. It also indicated that it did not
favor proposals to give states "full legal jurisdiction over the
200-mile zone off their coast," apparently in the belief that this
could be detrimental to fishing and international navigation.
The U.S.S.R. supports freedom of research in all ocean space
with the exception of internal and territorial waters and the bed
and subsoil of the continental shelf, which is considered to be
under the jurisdiction of the coastal state.
B. FACTORS INFLUENCING LOS POLICY (S/NFD)
Special Geographic Features
Soviet LOS policies reflect the nation's geographical environment.
The country occupies the most extensive and continuous landmass in
the world, spanning 1700 of longitude across the northern part
of the Eurasian continent. So vast is the area that the U.S.S.R.
deemed it necessary to develop portions of the Black Sea, the Baltic
Sea, and water bodies situated along the Arctic and Pacific coasts
of the country as independent maritime areas, each with its own
merchant and naval fleets and port system.
The severe weather along much of the U.S.S.R. coastline has
restricted settlement, handicapped economic development, and compli-
cated port operations almost everywhere, other than along the Murmansk
coast. While the ice factor bears most heavily on operations in
the Arctic and in the Far East, it also restricts activities in
the Baltic and Black Seas. Some Baltic ports may be closed for as
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much as three months, and in the Black Sea icebreakers may be
necessary to keep certain ports and their approaches clear during
the mid-December-mid-March period.
Soviet concern about freedom of passage through international
straits and freedom of the high seas unquestionably stems from
the geographical position of ports located on the Black, Baltic,
Barents, and White Seas. The bulk of Soviet maritime trade passes
through these ports, all of which are so situated that to reach
the high seas from them Soviet vessels must traverse waters that
may be either controlled or monitored by others. This is not as
much of a problem in the Far East, where the U.S.S.R. is in command
of major straits leading to the Pacific.
Uses of the Sea
Mineral Resources -- Much of the country's extensive continental
shelf appears to be structurally favorable for the accumulation of
petroleum and natural gas. To date, however, exploration for under-
water hydrocarbons has been limited primarily to the Caspian Sea,
where test drilling dates back to the early 1920s and production
to the late 1940s. Known general geological conditions suggest
that significant oil and gas accumulations may exist on the shelf
of the Arctic and the Far East coasts, particularly in the vicinity
of northern Sakhalin, where survey work is now underway. Nevertheless,
the exploration of underwater hydrocarbon resources in the U.S.S.R.
remains centered in the Caspian, where output approximated 12 million
tons in 1972.
Despite ample supplies of land-based mineral resources, the
U.S.S.R. anticipates full involvement in nodule extraction from
the deep seabeds. In 1971 a Marine Exploration Division was set
up in the Ministry of Geology to coordinate undersea mining and
to assess the extent of continental shelf mineral resources. The
assessment involved the study of placer gold, rutile, ilmenite,
and tin deposits in the Baltic Sea; magnetite and titanomagnetite
deposits in the Black Sea; various ores in the Sea of Azov; tin
ores in the seas of the Arctic; and titanomagnetite sands near
the shores of the Kurile Islands. Soviet extraction of phosphate
deposits from the shelf of the Sea of Japan and tin from the bottom
of Vankina Bay along the shore of the Laptev Sea also have been
mentioned. Soviet oceanographic vessels have investigated nodule
distribution in wide sectors of the Pacific and Indian Oceans,
and there have been open statements in the press concerning the
need to develop extraction equipment. The Soviet intent to move
ahead in this field was further signaled early last year (1974)
when the construction of a metallurgical complex, designed to process
materials of marine origin, was announced in Primorskiy Kray.
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Living Resources -- The U.S.S.R. began to develop its distant-
water fishing capabilities at the end of World War II. Now, three
decades later, the Soviet fishing fleet, numbering some 4,400 vessels
and accounting for at least 54% of the fishing fleet tonnage of
the world, plies the major fishing beds of the globe to take about
13% of the world catch annually. Production in 1973 amounted to
about 9 million metric tons, and it may reach 10 million metric
tons in 1975. Underlying this development is the need for additional
protein foods in the U.S.S.R., where fish products provide some
one-third of the animal protein consumed and about 15% of all the
protein available in the Soviet diet.
The creation of a 200-mile economic zone could affect a large
part of the Soviet fishing fleet, since about half of the 1973
catch was taken within the 200-mile limit of foreign nations.
In an effort to forestall losses, the U.S.S.R. has fostered extensive
foreign assistance and joint development programs. In October 1973
it was reported that the U.S.S.R. had granted since 1958 over $113
million in fisheries aid to 22 countries, 14 of which border the
Indian Ocean. More recently, emphasis has been channeled to the
formation of joint companies -- in Europe, North America, and South
Asia -- in an effort to assure that the U.S.S.R. will continue
to take a substantial portion of the total world catch.
Naval and Maritime Activity -- By virtue of' its powerful fleets,
the U.S.S.R. ranks as one of the leading maritime nations of the
world. Prior to 1964, ships of the Soviet Navy rarely ventured
outside their home waters, but since then they have been regularly
deployed throughout the world ocean, as have those of the merchant
marine. The Soviet Navy has been substantially strengthened by
a systematic construction program. Currently, emphasis is being
placed on the construction of guided missile cruisers, frigates,
destroyers, and patrol boats; mine warfare ships; logistic support
ships; nuclear-powered ballistic missile and cruise missile sub-
marines; and an aircraft carrier to serve vertical or short-take-
off and landing aircraft and helicopters.
The growth of the merchant marine has also been substantial,
the total number of ships increasing from less than 450 in 1950
to more than 1,500 today. During the current Five-Year Plan (1971-
75) some 550 new ships, totaling 5.3 million dead weight tons (dwt),
were to be added; as of early 1975, however, it seems unlikely
that construction goals will be reached. Planned additions included
several container ships, ore carriers, the ?first oil and ore carrier,
tankers, and the passenger ship Belorussiya. The first Soviet
supertanker, the 150,000-ton Krym, is expected to go into operation
shortly, and plans for even larger tankers are now being laid.
The U.S.S.R. appears determined to move its seaborne tonnage, to
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the degree possible, in Soviet bottoms, thereby conserving foreign
exchange. In 1973, for example, Soviet ships accounted for 91%
of U.S.S.R. maritime freight turnover, while completing about
27,000 voyages to ports situated in more than 100 states.
Oceanological Activity -- Soviet oceanological research efforts,
geographically widespread and diverse, are supported by the world's
largest oceanographic fleet. Comprised of 265 ships in 1973, this
fleet is variously subordinated to naval, civil, and fishing services,
where it satisfies a wide spectrum of priority requirements, military
and otherwise. The 24th Party Congress directives provided guidance
for the expansion of scientific research into the use of maritime
resources and for survey and reconnaissance work in the shelf
zones, all of which was then detailed in the specifics of the
current Five-Year Plan (1971-75).
Significant attention is focused on the survey of resources
and the development of plans for their exploitation. Geological
studies have been and continue to be made in several of the bordering
seas, particularly the Black, Chukchi, Bering, and the Sea of Okhotsk.
Major efforts are also being made to support the marine fishing
industry, to study marine flora and fauna, and to develop a practical
maritime food protein technology. Other major efforts include
an underwater detection program; the study of internal waves,
turbulence, and hydro-optics; synoptic studies of large ocean and
sea areas; seismic studies in the Indian and Pacific Oceans; and
a wide gamut of oceanographic studies, which have included the
study of nodules on the deep seabeds of the Pacific and Indian
Oceans.
While a large part of the Soviet oceanologic research program
has been pursued independently, the U.S.S.R. is a participating
member of most of the prominent international oceanographic organi-
zations. In recent years one of the most significant developments
has been the increased Soviet interest in cooperative surveys,
international projects, and the foreign exchange of data. Agreements
of this type have brought Soviet scientists into cooperative work
with their counterparts in the United States and in a number of
other countries. Their decision to participate in the Joint Oceano-
graphic Institutions for Deep Earth Sampling (JOIDES) project with
five U.S. research institutes is noteworthy. No less significant,
however, are agreements with smaller nations that are designed
to provide for studies of the waters of the North Atlantic, Southeast
Pacific, and the Indian Ocean.
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Political and Other Factors
The U.S.S.R., a member of the "Group of Five" (a group of
technologically developed nations that also includes the United
States, Japan, the United Kingdom, and France), is a decidedly
conservative, but not inflexible, force in LOS circles. It has
generally stood to defend traditional concepts of freedom on the
high seas, and it has consistently advocated the containment of
coastal state authority. Soviet speakers early in the negotiations
seemed particularly suspicious of proposals dealing with the estab-
lishment of an international authority, it being, in their minds
at least, potentially fraught with complications.
Thus while championing the cause of the small, the underdevel-
oped, and the landlocked states, the Soviet Union has at the same
time energetically sought to maintain the advantages that naturally
accrue to it as a major world power. As one competent source has
stated, "More than most nations, the Soviet Union stands to lose
by the emergence of a new ocean legal order which would replace
high seas freedoms with control by either coastal states or an
independent ocean authority." This same observer sees the Soviet
effort as an attempt to guarantee its use of the ocean by:
-- proposing new rules of international law
that would protect freedoms of the high
seas, and
-- opposing or modifying proposals that
would .put the oceans under the control
of coastal states or an international
authority.
Underlying U.S.S.R. LOS policy is a fundamental concern for
the security of certain strategic seas and straits through which
its various fleets must pass in order to reach the high seas.
In this sense particular importance is placed on the Barents and
Norwegian Seas, the Danish Straits, and the Bosporus and the Darda-
nelles. The U.S.S.R. has been and continues to be sensitive to
any proposals, direct or indirect, that might threaten the status
quo of these or similar bodies of water. This concern is also
reflected in official Soviet attitudes toward measures that might
endanger the normal flow of international traffic anywhere else
on or near the world ocean.
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C. LAW OF THE SEA POLICY (S/NFD)
Territorial Sea
The U.S.S.R. has continuously supported the concept of the
12-mile territorial sea. This position has evolved out of policies
that had their origin in Tsarist times. A decree of 10 December
1909 established a 12-mile customs belt, and on 29 May 1911, a
12-mile limit was established along the Pacific coast to regulate
fishing. Soviet authorities built on this base in 1921 to estab-
lish a 12-mile fishing zone in the Arctic Ocean and the White
Sea, and in 1927 they established the state boundary at the outer
limits of the 12-mile zone. The 1960 statute on the state boundary
reiterated earlier Soviet claims in more specific terms -- the
12-mile territorial sea being calculated from the line of lowest
ebbtide on the mainland and around islands or from the line of
the farthest extremity of internal sea waters.
The U.S.S.R. considers those gulfs, bays, inlets, and coastal
lakes whose seaward openings do not exceed 24 miles in width as
internal waters. At various times certain historic bays or claimed
seas, including the Caspian Sea, the Sea of Azov, the Gulf of Riga,
the White Sea, Cheshskaya Guba (gulf), the Kara Sea, Laptev Sea,
East Siberian Sea, Chukchi Sea, Chaunskaya Guba, the Sea of Okhotsk,
and Zaliv Petra Velikogo (Peter the Great Bay) also have been designated
internal waters. These waters have not been discussed specifically
in these terms during the LOS negotiations, and it may be that
the Soviet stand on closed or historic water bodies -- except possibly
for the Sea of Okhotsk and Peter the Great Bay -- has shifted.
The status of the former remains indefinite, thus contributing
to the complication of Soviet-Japanese maritime relations, but
the latter -- providing the approach to Vladivostok -- is still
zealously administered as an internal body of water.
The U.S.S.R. has concluded agreements on offshore boundaries
with most of its neighbors, in some cases having adjusted its policy
on territorial waters to accommodate specific situations or conditions.
Under the terms of the 1940 peace treaty with Finland a 3-mile
limit was established to the north of Sursari Island in order to
secure freedom of passage for vessels sailing in that area. The
division of the territorial waters on the Gulf of Finland was
accomplished by agreements concluded with Finland in May 1966 and
May 1967. A protocol between the U.S.S.R. and Poland, reached
in 1958, delimited Soviet territorial waters in the Gulf of Gdansk.
Similar agreements were reached with Norway in February 1957 and
with Turkey in April 1963. Median lines form the boundaries between
territorial waters in the strait between Hokkaido and the southernmost
part of the Kurile Islands and in the Bering Strait. A special
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30-mile zone was established around the Komandorskiye Ostrova
(islands) in January 1970, and at the same time shipping was banned
from the area in an effort to protect the dwindling herds of Pacific
seals and Kamchatka beavers. In the Caspian Sea, an arbitrary
line between the eastern and western termini of the Soviet land
boundary separates Soviet and Iranian waters.
Soviet LOS negotiators have sought maximum protection for their
territorial waters as they have attempted to minimize foreign claims
that might constrict Soviet maritime activities. They have done
so to protect their national interests in transportation, communi-
cations, commerce, and fishing. Of particular Soviet concern are
proposals which would broaden the territorial sea up to a maximum
of 200 miles. The Soviets have stated that among those advocating
a 200-mile territorial sea are some who are "striving not only
to liquidate the norm of the 12-mile limit but also to violate
the very division of the sea expanses into territorial waters and
the open sea." The U.S.S.R. firmly opposes such proposals, believing
that they would inevitably complicate the administration and utiliza-
tion of the high seas.
Since World War II, Soviet sensitivity to unauthorized transit
of its territorial waters has been consistently and persistently
expressed in a number of ways. In the region of the Kurile Islands,
for example, more than 500 Japanese fishing boats have been captured
and retained by the U.S.S.R. since 1946. American Coast Guard
attempts to transit the Northern Sea Route during the 1960s provoked
Soviet displeasure, the advance on Vil'kitskiy Strait precipitating
close physical surveillance by Soviet patrol vessels and the dispatch
of strong Soviet affirmations of its authority in these waters.
More recently, on 15 March 1975, the U.S.S.R. officially protested
the violation of Soviet waters adjacent to Ostrov Zmeinyy in the
Black Sea by two American military vessels.
On 29 July 1974, in conjunction with Bulgaria, the German
Democratic Republic, and Poland, the U.S.S.R. submitted draft
articles on the territorial sea at the Caracas session of the
LOS Conference (see Annex). These articles define Soviet views
on the nature, breadth, and characteristics of the territorial
sea, and propose specific rules for the use of these waters. The
draft articles also establish the sovereignty of the coastal state
over its territorial sea, the airspace above, and the bed and the
subsoil thereof -- within a maximum of 12 nautical miles, measured
from baselines to be determined in accordance with articles of
the convention and subject to the provisions of articles concerning
straits used for international navigation.
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Contiguous Zone
The U.S.S.R. supports the creation of contiguous zones, provided
they do not extend farther than 12 miles from the baseline used
to delineate the territorial sea. It submitted a draft article
to this effect in Caracas on 29 July 1974 (see Annex). In the
contiguous zone, the coastal state should have the right to exercise
necessary measures to prevent the infringement of customs, fiscal,
immigration, and sanitary regulations and to levy penalties against
transgressors. This draft article states that where the coasts
of two states are opposite or adjacent to each other, neither state
is entitled, failing agreement between them to the contrary, to
extend the contiguous zone beyond the median line.
The Arctic Sector
The sovereignty of the Arctic has been afforded special attention
by the U.S.S.R. On 15 April 1926, the Presidium of the Central
Executive Committee decreed Soviet ownership of all lands and islands
within a sector bounded by the U.S.S.R. mainland on the south,
the meridians 32?04'35"E. and 168?49130W., and the North Pole.
On Soviet maps the western sector line is drawn to exclude the
Spitsbergen Treaty area; the eastern line is drawn from the North
Pole to the Arctic Circle, ending in the Bering Strait slightly
east of the longitude of the U.S.-Russian Convention Line of 1867.
Although the decree refers only to "lands and islands," many Soviet
authorities have since asserted that the distinctive character
of the Arctic ice and waters gives them special rights over the
area. During the 1974 negotiations with Norway to establish a
seabed boundary in the Barents Sea, the U.S.S.R. did not specifically
mention the sector claim, although it was clearly alluded to in
the discussion of the relationship of meridians to the median line.
The comments of many Soviet authorities over the years -- particularly
with reference to the use of the Northern Sea Route -- suggest
that they would look with favor on the assimilation of the entire
region into the Soviet regime of internal waters.
Straits
The U.S.S.R. maintains that seaward extension of coastal state
jurisdiction must not be permitted to jeopardize international
traffic in straits through which merchant and military vessels
have passed freely for centuries. It submitted draft resolutions
on this subject to Subcommittee II on 25 June 1972 and 17 July 1974
(see Annex). In the 1974 resolution a distinction is made between
straits that are used for international navigation "Between one
part of the high seas and another part of the high seas..." and
straits that are used for international navigation "leading from
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the high seas to the territorial sea of one or more foreign
states...." The former declares that "all ships in transit shall
enjoy...equal freedom of navigation for the purpose of transit
through such straits"; whereas the latter proclaims only the non-
suspendible application of the principle of innocent passage.
The U.S.S.R. also holds that in certain instances the legal regime
of straits is regulated by international agreements.
The 1974 draft is designed to promote or perpetuate freedom
of navigation in straits that are of significant interest to the
U.S.S.R. It does not, however, materially affect the legal regime
established for straits now under the jurisdiction of the U.S.S.R.,
particularly those associated with the Northern Sea Route. Most
of the straits along this route are less than 24 miles wide and
lie within the territorial waters of the U.S.S.R. Even those that
exceed 24 miles in breadth -- such as the Laptev Strait and Sannikov
Strait, 27 and 31 miles wide, respectively -- are considered by
many Soviets to belong to the U.S.S.R. in that they have never
been used for international navigation. Furthermore, the Soviets
claim that the natural conditions of the straits and the frequent
ice jams cause the legal status of these straits to differ sharply
from that of straits being used for international navigation.
In LOS discussions, however, Soviet delegates have not addressed
the regimes of these straits.
Soviet LOS pronouncements have been directed largely toward
the defense of the status quo in the more than 100 international
straits that would be affected by a 12-mile territorial sea.
U.S.S.R. specialists have repeatedly declared that the concept
of innocent passage has never been nor can it ever be applied to
such straits as Gibraltar, the English Channel, the Straits of
Dover, the Strait of Malacca, the Strait of Singapore, and Bab-
el-Mandeb, where freedom of navigation has always been enjoyed.
Even more consequential to the U.S.S.R., perhaps, is the continued
guarantee of freedom of passage in the Turkish and Danish Straits,
through which Soviet vessels egress from the Black and Baltic Seas.
Soviet LOS specialists suggest that the imposition of innocent
passage in straits formerly enjoying freedom of passage would inevi-
tably lead to disagreement and, possibly, to interstate conflict.
Such a development, they say, would be contrary to long standing
policies. At the 24 July 1973 meeting of Seabed Subcommittee II,
Dr. Dmitriy N. Kolesnik observed that provision for freedom of
passage was established as early as 28 July 1881 by a treaty between
Argentina and Chile. According to Article 5 of this treaty, the
Strait of Magellan was "declared once and forever neutral and free
for ships of all nations...." He also cited analogous provisions
contained in the Copenhagen Treaty of 1857 (governing the Danish
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Straits) and in a number of agreements involving Gibraltar. One
Gibraltar agreement -- the French-English Declaration of 8 April
1907 -- established that "passage through the Strait of Gibraltar
shall be free," a provision reaffirmed in the French-Spanish Treaty
of 1912.
Soviet LOS delegates have expressed concern over the tendency
of some nations to justify possible revision of the rules of passage
through international straits by a subjective interpretation of
the Geneva Convention of 1958. This document, they claim, "was
not designed to determine the regime of straits connecting two
parts of the high seas and used for international navigation."
In fact, they declare, because of the failure of that Convention
to clearly limit the breadth of the territorial sea, there was
no point in "elaborating detailed provisions for the regime of
international straits." Now, however, that the concept of the
12-mile territorial sea is gaining wide support, the U.S.S.R. has
deemed it imperative to establish the freedom of passage through
all straits that connect parts of the high seas as a rule of inter-
national law.
On numerous occasions Soviet specialists have spoken of the
adverse effect that closure of international straits would have
on countries which "due to their geographical position, have no
access to the oceans other than through these straits and which
use them not only for economic purposes, but for the purpose of
their defense and security." The U.S.S.R. has proclaimed itself
the protector of the international community in this respect,
stating that it guards these interests "because the straits are
gateways through which the absolute majority of states maintain
international contacts by cooperating in different fields, estab-
lishing economic links, trading and rendering assistance." In
taking this stand the U.S.S.R. has made a conscious effort to appeal
to the landlocked states, noting that for them the "right of access
to the high seas would be practically worthless without the freedom
to navigate through these straits."
The Soviet 1974 draft considers the interests of states that
front on straits by including measures to insure their security
and well being. It would require ships passing through straits
to take all necessary steps to prevent any type of threat to the
security of coastal states. Warships, in particular, would not
be permitted to engage in any acts unrelated to transit. Ships
passing through straits would also be obliged to take precautions
to prevent pollution and to refrain from causing any other harm
to states with coastlines on the straits. If damage is done to
the coastal states, compensation is to be provided by the owners
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The U.S.S.R. has privately insisted on free and unimpeded under-
the-surface passage through international straits and archipelagic
waters.
Finally, Article 3 of the 1974 draft resolution provides for
the flight of aircraft, including military aircraft, in the air-
space over straits that are overlapped by territorial seas and
connect one part of the high seas with another. It permits the
coastal state to establish air corridors and airways, specify
communication procedures, regulate the operation of military
aircraft, and collect liability for damage caused by overflight
from either aircraft owners or from the states in which they are
registered. It should be noted that this Article does not apply
to straits over which overflight is regulated by international
agreement, nor to straits that lead from the high seas to the
territorial seas of one or more foreign states. In recent months,
there have been some indications of Soviet softening on this issue.
Archipelagos
Soviet spokesmen define archipelagic states as those which
are "constituted wholly by one or more archipelagos," such as
Indonesia or the Philippines. At Caracas, Maj. Gen. Petr D.
Barabolya carefully distinguished between the "archipelagic states"
and "states with archipelagos," omphasizing U.S.S.R. opposition
to any attempt to create archipelagic regimes for the islands of
the latter. Attempts to do so, he warned, "could lead to arbitrary
action in many parts of the ocean, interference with navigation
and extension of rights over large parts of the ocean...."
The U.S.S.R. maintains that the question of the regime of
archipelagic waters should be considered in conjunction with such
related issues as the breadth of the territorial sea and transit
through straits, noting that the regime for mainland states and
their island possessions must be identical. Barabolya declared
that the U.S.S.R. would be in a position to support the proposals
of archipelagic states "if they accepted the 12-mile limit for
territorial waters, and free transit, without exception, for ships
through archipelagic waters and through all other international
straits." He also indicated the necessity for archipelagic states
to recognize the right of unimpeded overflight. Finally, Barabolya
called for agreement on the length of baselines used to delimit
archipelagic and territorial waters, remarking that "any reasonable
limit could be considered."
During the February 1974 visit to Indonesia, Soviet LOS experts
agreed that the status of an archipelago state should not be granted
to groups of islands "not forming an independent entity," thus
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specifically excluding the islands of Greece and the Andaman and
Nicobar Islands of India. At this conference, which was largely
amiable, Soviet officials nevertheless flatly stated that there
would be no LOS agreement in Geneva "unless freedom of navigation
through international waterways, including straits, is reaffirmed."
The U.S.S.R. has remained adamant on this point. At the same time
Soviet experts indicated a willingness to accept the Indonesian
concept of "unhampered secure passage," which by the latter's
interpretation meant that no obstacles would be placed before
shipping in international straits.
Continental Shelf
Willingness to at least conditionally discuss the creation
of 200-mile economic zones has led to an erosion of traditional
Soviet policies concerning the control and use of the continental
shelf. As a signatory of the 1958 Geneva Convention, the U.S.S.R.
for several years supported coastal state sovereignty over the
continental shelf "to a depth of 200 meters, or beyond that limit,
to where the superjacent waters admits of the exploitation of the
natural resources of such areas." By a decision dated 6 February
1968, the Supreme Soviet asserted the absolute right of the U.S.S.R.
to exclusive exploration of its continental shelf beyond the 12-
mile limit to a depth of 200 meters.
Developments since 1968, particularly the growing worldwide
support of the 200-mile economic zone, have forced the U.S.S.R.
to reassess its continental shelf policy. Soviet scholars now
admit that the Geneva Convention did not precisely establish the
outward limit of the continental shelf, and they have noted that
technological advance permits resource exploitation at ever-increasing
depths. Thus the reality of improved exploitation capabilities
and the tendency of coastal states to claim more and more of their
continental margins, made it imperative, from the Soviet view,
to redefine the outer margins of the continental shelf. This
it did in a draft proposal presented to Subcommittee II on 13 July
1973 (see Annex).
This draft sought to move the outer limit of the continental
shelf from the 200- to the 500-meter isobath. In recognizing
that the latter is not uniformly distanced from the coast, the
draft further provided that "where the 500-meter isobath ... is
situated at a distance less than 100 nautical miles measured from
baselines from which the territorial sea is measured, the outer
limit of the continental shelf may be established by a line
every point of which is at a distance from the nearest point of
the said baselines not exceeding 100 miles." The draft also stated
that in areas where there is no continental shelf, the coastal
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state may have the same rights on the seabed as it would have had
on the continental shelf.
The U.S.S.R. in 1973 held that the outer limit of the conti-
nental shelf "must be fixed in such a way that part of the geological
elements of the terrestrial crust containing latent reserves of
hydro-carbons -- coal, petroleum, and gas -- was included in the
international area and was accessible to states which did not have
a continental shelf, or whose continental shelf did not contain
any minerals or very small quantities of them." They stated that
"an optional limit of that nature" could be established at the
500-meter isobath, "which, in many regions, would correspond to
the limit of the continental shelf in a geomorphological sense of
the term and would include only the uppermost part of the continental
slope." The greater part of the slope, they claimed, and the whole
of the continental rise would be included in the international
area. In advancing these proposals, the U.S.S.R. simultaneously
opposed a 200-mile limit on the continental shelf. Such a limit,
it warned, would place under the control of the coastal states "93
percent of the total volume of hydrocarbon resources, including
both those which had already been discovered and those which would
become exploitable in the near future."
At the 1974 Caracas LOS session, the U.S.S.R. modified its
policy again by indicating its readiness to recognize the right
of coastal states to establish 200-mile economic zones, "if a
mutually acceptable solution was found to the basic questions of
the law of the sea ...." It also indicated that the coastal state
had the right "to establish the outer limit of the shelf within
200 miles from its coast or within the 500-meter isobath line,
whichever it chose." In discussing this broadened and liberalized
Soviet view, delegate Stepan V. Molodtsov claimed that these criteria
(200 miles and/or 500 meters) would protect the interests of both
wide-shelf and narrow-shelf states. He reserved the right of his
delegation to define its position further, however, particularly
with respect to safeguarding Soviet interests in the exploration
and exploitation of mineral resources on the shelf adjacent to
U.S.S.R. territory "since there seemed to be a group of countries
which would deny to States the right to exploit the mineral resources
of the seabed beyond the limit of the continental shelf...."
Soviet LOS delegates have been sensitive to comments by the
Chinese that have been made, they declare, "with the clear intention
of casting doubts on the Soviet Union's intentions." The Soviet
delegates claim that the 500-meter isobath is generally less than
200 miles from the coast of the U.S.S.R. mainland or islands. In
the Far East, according to Kolesnik, the isobath was "between 40
and 60 miles from the coast" except in an unidentified part of
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East Siberia, where it is "360 miles from shore." He claimed that
part of the shelf was of no interest, however, "from the point of
view of the exploration of the resources of the sea." The U.S.S.R.
probably favors use of the distance option in the Baltic Sea, Black
Sea, and the Sea of Japan. Furthermore, in the Arctic, Sea of
Okhotsk, and Bering Sea there appears to be a distinct overall
advantage for the U.S.S.R. in using the 200-mile criterion to delimit
the continental shelf, although in some areas the 500-meter isobath
extends seaward of the 200-mile limit.
the U.S.S.R. position
on the 200-mile or500-meter tormuia was ciesigned solely to protect
Soviet interests, and they have acknowledged that either could be
selectively utilized. Use of either formula in the Arctic remains
questionable, however, because the U.S.S.R. is opposed to the inter-
nationalization of that area, and it may be reserving the option
to claim that region on the basis that it is comprised of "closed
seas" or "historic waters." In the Arctic the division of the
continental shelf on the west remains unsettled despite late 1974
discussions. The Norwegians prefer to delineate the shelf by a median
line drawn equidistant from the Norwegian-controlled Svalbard Archi-
pelago and the Soviet islands of Novaya Zemlya and Franz Josef.
The Soviets favor a sector line running along the 32?04'35" meridian
to the North Pole, a formula that would give them a substantial
part of the shelf now claimed by Norway.
The U.S.S.R. entered into agreements on the division and/or
limitation of the continental shelf of the Baltic Sea in 1965 and
1967 with Finland and in 1969 with Poland. In 1968, in conjunction
with the German Democratic Republic and Poland, it also issued a
declaration on the continental shelf which states that the Baltic
Sea is a shallow sea with a continuous shelf that ought to be split
between the riparian states. It declares that no part of the conti-
nental shelf of that sea "shall be turned over to the non-Baltic
states, their citizens, or firms for mineral prospecting, development,
or other uses." It also proclaims that "the continental shelf of
the Baltic Sea must be used by all states exclusively for peaceful
purposes." Thus far, however, none of the non-Communist states on
the Baltic have acceded to the declaration, and there is open
disagreement over the delimitation of the continental shelf between
Sweden and the U.S.S.R. The Swedes propose the bisection of the
Baltic Sea by a median line except in the vicinity of Gotland, where
it claims the boundary should be drawn halfway between that island
and the coast of Latvia. The Soviets, in turn, would place the
shelf boundary midway between the mainlands of the two countries,
on an alignment west of that proposed by the Swedes.
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Coastal State Jurisdiction Beyond the Territorial Sea
Proposals to create exclusive economic zones beyond the seaward
limit of the territorial sea have gained widespread support in
LOS circles during the past 2 years. These proposals have been
advanced as compromises to modify the more extreme claims of some
coastal states to a 200-mile territorial sea in which full juris-
diction would be exercised. The proposal of the U.S.S.R., offered
in conjunction with the Byelorussian SSR, Ukrainian SSR, Bulgaria,
Poland, and the German Democratic Republic, was submitted at the
Caracas session of the LOS Conference on 4 August 1974 (see Annex).
The draft notes that the proposal was offered "on condition that
mutually acceptable decisions are also accepted.. .on the other
basic questions of the law of the sea (12-mile breadth of territorial
waters, freedom of passage through international straits, freedom
of navigation, freedom of scientific research, determination of
the outer limits of the continental shelf, the seabed regime and
the prevention of the pollution of the sea environment)."
Articles in the 4 August 1974 proposal were arranged in two
sections. Section I addressed a number of general provisions
pertaining to the use of the economic zone which was not to extend
"beyond the limit of 200 nautical miles, calculated from the base-
lines used to measure the breadth of the territorial waters."
Within this proposed zone the coastal state would exercise "sovereign
rights over all living and mineral resources in the waters, the
seabed, and the subsoil thereof," but this grant of sovereignty
over resources should not be considered the equivalent of territorial
sovereignty. Furthermore, it was not to interfere with the lawful
activity of other states on the high seas.
In establishing the right of the coastal state to preserve,
explore, and exploit the living and the mineral resources of its
economic zone, the draft articles stress that these ends would
be achieved "without prejudice to the rights of all other states...
including the right to freedom of navigation, freedom of overflight,
and freedom to lay submarine cables and pipelines." In addition
they propose that every state should have the right to "freely
carry out fundamental scientific research unrelated to the exploration
and exploitation of the living or mineral resources of the zone."
Research dealing with living or mineral resources was to be carried
out only "with the consent of the coastal state." Preeminence
in the economic zone obligates coastal states to strive for the
"rational exploitation of the natural resources of the sea and
the preservation of the sea environment," making certain that all
activities in this connection "are carried out for peaceful purposes."
Article 10 of Section I of the draft articles declares that no
economic zone is to be established by any state in waters contiguous
to foreign territory it either controls or has dominion over.
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Fisheries
In draft proposals submitted in 1972 and 1974 the U.S.S.R.
sought to keep open to its fishing fleet as much of the world's
fishing grounds as possible. Section II of the 4 August 1974 draft
articles (A/Conf.62/C.2/1?38) establishes the position of signatory
states relative to fishing in the proposed economic zones. This
Section is an outgrowth of the Soviet draft article on fishing
(A/AC.138/SC.II/L.6) submitted to Subcommittee II on 18 July 1972,
in which the right of coastal states to reserve a part of the
allowable catch to be taken from fishing grounds adjacent to their
territorial seas or fishing zones was recognized.
Soviet spokesmen nevertheless continue to view the whole concept
of economic zones, particularly as they relate to existing high
seas fishing rights, with concern. In August 1974, Valentin A.
Romanov, a delegate to the Caracas session, said that the creation
of 200-mile economic zones could be detrimental to countries having
"smaller" coastlines. He said that the U.S.S.R. was willing to
accept these economic zones, however, in order to contribute to
the development of underdeveloped states, but he admonished the
latter to "keep the rights and interests of others in mind."
Section II of the 1974 draft articles assigns responsibility
to the coastal state for the "rational exploitation and maximum
use and preservation" of marine resources, in the course of which
the coastal state is to "cooperate with the appropriate regional
and international organizations." Working within these parameters
the coastal state is permitted to determine the allowable catch
of each species except for highly migratory fish; establish the
share of the annual catch it reserves for its nationals; and allocate
the remainder of the allowable catch to other states. Neighboring
developing coastal states may allow each other's nationals the
right to fish in specified parts of their economic zones, according
to Section II, and developing states that are landlocked or have
only a narrow outlet to the sea, "shall enjoy the privilege of
fishing in the economic zone of a neighboring coastal State on
the basis of equality with the nationals of that State."
This Section of the draft articles protects and prescribes
the rights of others in the zone. It declares that measures estab-
lished to conserve, explore, and exploit living marine resources
"may not discriminate in form or content against the fishermen
of any other State," and fishermen of these states are to be granted
licenses "to fish for the unused part of such catch." In this
process the coastal state shall "ensure an equitable distribution
of living resources" by establishing an order of priority that
sequentially recognizes:
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states that have been instrumental in
proving or developing the grounds or
have been historically involved in
local fishing activity;
developing countries, landlocked
countries, countries with narrow access
to the sea or with narrow continental
shelves, and countries with very
limited living resources; and
all other states without discrimination.
The 1974 draft articles make allowance for those coastal states
in whose waters anadromous species (as salmon) spawn. These host
states, according to the proposal, would have sovereign rights
over such fish within the economic zone and preferential rights
to them outside the zone in the migration area. Fishing for these
species is to be authorized by agreements in which the host state
and other states establish regulatory and other conditions to govern
such activity. States "participating jointly with the coastal
States in measures to renew the species of fish...and...States
which have traditionally fished for anadromous species in the region
concerned" would have priority.
Finally, in an attempt to accommodate fishing fleets that
have habitually fished in waters encompassed by the new economic
zones, the U.S.S.R. proposes that these fleets continue to fish
within the zone during a transition period of "not less than three
years after the entry into force of the Convention."
Deep Seabed
In discussions of the exploitation and management of the seabed
areas beyond the limits of national jurisdiction, Soviet authorities
have been fairly circumspect, displaying an apparent preference
for retention of the status quo in these areas as long as possible.
25X1C the Soviets had not by 1970 "explored
deeply enough to firm positions on all of
them," but they had, nevertheless, "gone far enough to feel that
an international regime and machinery would not be in their best
25X1C interest." the Soviets saw "no urgency
in developing such a regime, for in the view of many of their
specialists, it would be "a decade or more before anyone wishes
to exploit the resources of the deep seabed and probably longer
before they have any interest in doing it themselves."
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With the passage of time and the development of international
interest in the creation of a seabed authority, the U.S.S.R. reshaped
its policies to respond to world opinion. It submitted its draft
articles to the UN Seabed Committee on 22 July 1971 (see Annex).
In these articles, and in countless statements made subsequent to
their introduction, the U.S.S.R. has indicated its concern about
the motives of other nations and its preference for a permissive
rather than a restrictive international regime. It also expressed
displeasure at that time over the possibility that producer states
might be required to pay royalties or taxes on exploitive activities
undertaken beyond the limits of national jurisdiction.
The July 1971 Soviet draft declares the seabed and the subsoil
thereof to be open to all states, without discrimination, "exclusively
for peaceful purposes" (Article 1), while the exploration and exploi-
tation of these areas was not to "conflict with the principles of
freedom of navigation, fishing, research and other activities on
the high seas" (Article 4). The U.S.S.R. apparently envisages the
exploitation of the seabed by states or by individuals or bodies
dependent upon them, and not by the international body it proposes.
States would be allocated sectors of the seabed (Article 12) and
be responsible for the preservation of the environment thereof
(Article 11). Integral to the Soviet proposal is Article 6, which
prohibits the use of the seabed and the soil thereof for military
purposes. The U.S.S.R. also considers that the proposed treaty
"should in no way restrict freedom to carry out scientific research
in the treaty areas."
The July 1971 draft also sets forth the Soviet concept of an
appropriate international regime and the powers that should be
allocated to it. It proposes the creation of an International
Sea-Bed Resources Agency, comprised of a Conference of States and
an Executive Board, whose principle functions would be the super-
vision of the implementation of the provisions of the treaty. Its
functions, as proposed, are limited in scope and designed to promote
cooperation among member states. The proposed organization is
clearly to be one of limited authority, whose decisions are to
be reached by agreement (Article 23), and whose domain is confined
to the seabed and the subsoil thereof. Its influence is not to
extend to the superjacent waters of the high seas (Article 25),
and none of the provisions of the proposal give any jurisdiction
whatsoever to the Agency or its organs (Article 26). Thus, by
insisting on an organization that would act only on the basis of
consensus and would coordinate rather than direct and reach decisions,
the U.S.S.R. is expressing a belief that it would be in a position
"to forbid decisions which might restrict her ocean activities
by limiting high seas freedom."
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At the 1974 LOS meetings in Caracas, Romanov reiterated and
further developed traditional Soviet concepts concerning the struc-
ture and use of the international authority and its machinery. He
said that the regime for the seabed and the seabed organization
must be worked out as a part of a single convention embracing the
other LOS questions. The seabed and the subsoil thereof, he declared,
are the common heritage of mankind, and as such, all countries,
without discrimination, must be guaranteed access to them. In
his remarks he revealed continued Soviet apprehension about the
exploitation of these areas, recognizing that "A fundamental question,
underlying the solution to other questions, was that of deciding
who was entitled to explore and exploit the resources of the sea-bed."
Current Soviet policy on the utilization of the deep seabed,
according to Romanov, is also designed to contain the influence
of large private or international organizations. He declared
that "States themselves must have the right to exploit the resources
of the sea-bed..." and that "part of the income from the exploitation
would be distributed among the States party to the Convention."
One of the requirements set forth by Romanov was that parties to
the Convention would be entitled to obtain licenses, even when
the exploitation was to be carried out by individuals or companies.
Furthermore, he stated, the number of licenses issued to any one
state must be limited; the potentially richer parts of the seabed
must be equitably distributed among signatory states; and the
Convention must include a provision concerning the equitable dis-
tribution of benefits among all states, with special account being
taken of the interests and needs of developing countries. The
1971 draft resolutions, in short, still reflect the essence of
Soviet policy concerning the use of the seabed beyond the limits
of national jurisdiction.
Dispute Settlement
The U.S.S.R. policy toward dispute settlement, prior to the
opening of the Caracas LOS session, was limited to proposals
articulated in a Soviet draft resolution (A/AC.138/43) offered
in 1971. This resolution provides for "consultations" between
disputing states, and in the event that this proved infeasible,
it calls upon the Board of the proposed International Agency to
assist in settling controversies "by applying the means for peaceful
settlement listed in Article 33 of the United Nations Charter."
Furthermore, this Board, "at the request of the parties to the
dispute," is to establish such organs as may be deemed necessary
to reach a settlement. In 1974 at Caracas the U.S.S.R. implicitly
expressed support for the use of a dispute settlement mechanism in
cases involving fisheries and the deep seabeds. At that time it
remained adamantly opposed to the consideration of suits against
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states by individuals, companies, or by international organizations.
During bilateral meetings with U.S. LOS specialists since Caracas,
the Soviets have reconfirmed their preference for a functional
rather than a comprehensive approach to the subject, and while
stating their opposition to dispute settlement on the continental
shelf, they did indicate the possibility of acceptance of the same
for navigational issues on the continental shelf, given a warship
exemption.
Pollution
The U.S.S.R. recognizes marine pollution to be a global problem
calling for global solutions. Curtailment and containment of marine
pollutants will depend on a single system of international and
inter-regional measures, spread over several stages, carefully
coordinated, and carried out at many levels of implementation.
On 25 July 1972 the U.S.S.R. submitted a draft resolution
on measures for preventing the pollution of the marine environment.
The contents of this resolution were incorporated and enlarged
upon in a second draft resolution, dated 14 August 1972, and signed
by Australia, Bulgaria, Canada, Iceland, the Netherlands, Norway,
Sweden, and the U.S.S.R. Both drafts are extremely general, being
mainly confined to the recognition of the urgency and the timeliness
of developing pollution controls, the appeal for cooperation among
states, and the expression of satisfaction over measures taken
up to that time by such organizations as UNESCO's Intergovernmental
Oceanographic Commission and the Inter-Governmental Maritime Consul-
tative Organization.
These drafts were followed by that of 15 March 1973, which
calls for a convention to establish general principles for the
preservation of the marine environment (see Annex). Although
comprised of only eight articles, this proposal is a relatively
comprehensive statement of the Soviet position on the scope of
the proposed convention and the responsibilities, obligations,
and liabilities of the signatory powers. In it the convention
is envisaged as being applicable to the world ocean, except for
the territorial seas, which are the responsibility of the coastal
states. Articles 2 and 3 obligate signatories to prevent marine
pollution from all sources and hold them liable for damages resulting
from activities carried out by the state or its representatives.
Articles 4, 5, and 6 call for cooperation among states, mutual
assistance between states, and scientific and technical assistance
for developing countries in the prevention of pollution, respectively.
Article 7 deals with the need to insure that rules and standards
adopted for the prevention of pollution do not adversely affect
traditional freedoms on the high seas, particularly those connected
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with transport, fishing, and research. The final article proclaims
that "this Convention shall be without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the prevention of pollution of
the marine environment nor to agreements which may be concluded in
furtherance of the general principles set forth in the Convention."
At Caracas, Or. Feliks N. Kovalev again stressed the concern
of his delegation for the adoption of effective measures to prevent
marine pollution. He reported that his government had signed
the Helsinki Convention on the Protection of the Marine Environ-
ment of the Baltic Sea Area in March 1974; the 1973 Convention
for the Prevention of Pollution from Ships in July 1974; and that
it was now giving serious consideration to acceding to the 1971
Convention on the Establishment of an International Fund for Com-
pensation for Oil Pollution Damage.
Kovalev stated that the future Convention should guarantee
the right of coastal states to take measures in the event of serious
incidents in their territorial waters. He also said that coastal
states should have the power to regulate the dumping of wastes
within a zone whose dimensions would be stipulated in the Convention,
and in the issuance of licenses for this purpose, coastal states
should take into account international rules such as those laid
down in the 1972 London Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter.
Kovalev also indicated the support of his delegation for the
proposal to place increased responsibility on flag states for
damages caused by pollution originating from ships sailing under
their flag. He particularly noted that the coastal state had the
right to take the necessary measures to insure the observation
of internationally agreed rules. In the event of an infraction,
the captain or other officers of the crew should be liable to fines
on a nondiscriminatory basis, but that punishment, in the form of
deprivation of liberty, should be imposed only by the flag state.
The Soviet delegation at Caracas expressed concern about the
extent of coastal state authority over pollution control in the
200-mile economic zone. Kovalev indicated that the proposals to
give the coastal state "full legal jurisdiction" in the zone "would
result in undue interference with fishing and navigation and would
give the coastal state the right to stop foreign ships for inspection,
bring them to port, and even imprison the captain and the crew."
Earlier in the same session he had said that it should be possible
to empower the coastal state with the right to protect resources
from pollution within a 200-mile economic zone, "provided a mutual
understanding was reached on other complex questions on the agenda
of the Third Committee...."
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In private conversations Soviet authorities have expressed
concern over the question of giving coastal states the right to
apply environmental standards higher than international standards.
They indicated that if this concept were to apply to the construction
and operation of fishing vessels, they would find such application
unacceptable. They have also voiced opposition to assigning pollu-
tion control responsibilities to a seabed authority, and thus far
they have been unwilling to discuss the Arctic pollution question
on the grounds that in the Arctic it is not possible to separate
land and marine interests.
Scientific Research
U.S.S.R. policies on scientific research in international
waters, as stated in the Caracas session, are revealed in two UN
Seabed Subcommittee III documents -- a working paper dated 3 August
1972 and a draft article dated 15 March 1973 (see Annex). The
working paper, submitted jointly with Bulgaria and the Ukrainian
SSR, sets out what is proclaimed to be the "basic principles con-
cerning international cooperation in marine scientific research."
Discussion and refinement of this paper is reflected in the March
1973 draft article, in which Poland joined the signatories of the
earlier document. Article 1 of the draft defines scientific research
as the Soviets view it.
The U.S.S.R. considers the freedom of scientific research
in the world's ocean -- which it defines as "all ocean space, the
sea-bed and the subsoil thereof, with the exception of internal
and territorial waters and the bed and subsoil of the continental
shelf" (Article 2) -- as the most important of the principles
presented in the draft. Research in territorial waters and on
the continental shelf, on the other hand, is recognized to be under
the jurisdiction of the coastal state, which has participatory
and/or representative rights in the research effort and is due
the receipt of such data as may be collected.
The U.S.S.R. has advocated international cooperation as the
most reasonable way to cope with the high costs associated with
maritime scientific research. In practice, cooperation with other
states has furthered Soviet foreign policy and economic goals,
and has been used to gain access to advanced technology. Bilateral
and multilateral agreements between states are provided for in
Article 4, and Article 6 authorizes the participation of all states
in international scientific programs such as those that may be
conducted under the Intergovernmental Oceanographic Commission.
The draft also encourages the mutual exchange of data among states
(Article 7) and the cooperation of states to make certain that
their research efforts do not endanger navigation or the principle
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of freedom on the high seas. Article 10 states that "Scientific
research in the world ocean shall not be subjected to unjustified
interference, nor shall scientific research itself cause unjustified
innrference with navigation, fishing, overflight in airspace or
any other legal activity in the world ocean."
The draft addresses itself to the means by which scientific
research may be conducted (Article 3), the entry of scientific
vessels into ports and internal maritime waters (Article 8), and
the legal status of research installations, fixed or floating
(Article 9). States are made responsible for damages caused during
the conduct of scientific investigations (Article 13), and are
obligated to act in harmony with the purposes and principles of
the Charter of the United Nations and other international agreements
(Article 14). Finally, the draft calls for respect of existing
international norms to prevent pollution in consequence of scientific
research (Article 11).
At Caracas, Feliks Kovalev spoke of the danger of the regulation
of scientific research, either by the coastal state or by interna-
tional machinery, apparently in fear that regulation would lead
to restriction. He also spoke critically of delegations that would
qualify the right of scientific research in the world ocean,
including the economic zone, noting that those delegations not
only advocated the right of coastal states to authorize or reject
applications for research in the economic zone, but also the right
of the international seabed authority to do the same in the rest
of the ocean space. Inferentially he suggested, as have others,
that U.S.S.R. acceptance of the 200-mile economic zone is contingent
on the adoption of a territorial sea of 12 miles or narrower, freedom
of navigation in straits that connect one part of the high seas
with another, freedom of scientific research beyond the areas of
national jurisdiction, and freedom of scientific research in the
economic zone except for research aimed directly at the exploration
or exploitation of the living and nonliving resources in the zone.
On March 19, 1975 at Geneva, the U.S.S.R. presented a new set
of draft articles on scientific research which stipulate that
research conducted in the economic zone for the exploration and
exploitation of living and nonliving resources would require coastal
state consent, whereas any other research would require only advance
notification.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS
The U.S.S.R. delegation to the Caracas session of the LOS
Conference, headed by Igor K. Kolosovsky, included 9 members, 9
advisers, 3 experts, and an administrative staff of 10. A number
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of these delegates participated in several LOS conferences in the
past. Notable are Boris G. Khabirov, Valentin Romanov, and Alexei A.
Vol kov, each of whom has attended seven international LOS-sponsored
meetings; Feliks N. Kovalev, who has attended five; and Alexandr P.
Metalnikov and Andrei K. Zhudro, each of whom has attended four.
There was a considerable turnover in the Caracas delegation, however.
Eight members were first-timers and 21 regulars were noticeably
absent. Among the prominent absentees were Vladimir I. Kovalevskiy
(present at five previous conferences) and Oleg N. Khlestov and
Anatoliy N. Volkov (each present at three previous conferences).
U.S.S.R. assessment of the work that was to be done at Caracas
is reflected, at least to a degree, by the affiliations of those
who participated. In addition to the Ambassador to Venezuela,
Viktor I. Likhachev, 11 delegates were attached to the Ministry
of Foreign Affairs. The Ministry of Fisheries, Ministry of the
Merchant Marine, and the Ministry of Geology, by contrast, sponsored
only one delegate each. The State Committee on Science and Technology
sent two delegates, as did the Scientific Research Institute of
Maritime Transport. It would therefore appear that the U.S.S.R.
considered the political factor to be of paramount importance at
that stage of the negotiations.
On 19 February 1975, Feliks N. Kovalev provided the names
of Soviet delegates scheduled to participate in the Geneva meetings.
He stated that the level of the Soviet delegation had been raised
considerably, and that it would be headed by Deputy Foreign Minister
Semen P. Kozyrev. Deputy chiefs of the delegation will comprise
Valeriy I. Igrevskiy, Deputy Minister of Geology; Vladimir M.
Kamentsev, First Deputy Minister of the Fish Industry; Vladimir I.
Tikhonov, Deputy Minister of the Maritime Fleet; Admiral Vladimir N.
Alekseyev, First Deputy Chief of the Main Naval Staff; and Ambassador
Igor K. Kolosovskiy, who headed the Soviet delegation to the Caracas
Conference. None of the others, except Kamentsev, have participated
previously in LOS conferences; Kamentsev attended the March 1972
meetings. A number of individuals who participated in the Caracas
meetings are also included in the current delegation: Petr D.
Barabolya, Andrey K. Zhudro, Yuriy B. Kazmin, Feliks N. Kovalev,
Stepan V. Molodtsov, Anatoliy P. Movchan, Capt. Pavel Nazarenko,
and Valentin A. Romanov.
A listing of officials who attended the 1974 Caracas session
of the Third LOS Conference, the 1973 New York organizational
session of the Conference, and/or one or more of the preparatory
sessions for the Conference follows.
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Name and Title
*Adm. Vladimir N. ALEKSEYEV
First Deputy Chief of the
Main Naval Staff
*Maj. Gen. Petr D. BARABOLYA
Chief, Department of International
Maritime Law, Hydrographic
Service
Soviet Navy
Mr. Dmitriy V. BYKOV
Counselor, Permanent
Mission to the UN
Mr. Igor' I. DOKUCHAYEV
Chief, Foreign Relations
Administration
Ministry of the Fish Industry
Mr. Aleksandr S. DRAGO
Treaty and Legal Department
Ministry of Foreign Affairs
Seabed
Committee
Session
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Mr. Semen A. DZAKHAIEV
International Organizations Depart-
ment
Ministry of Foreign Affairs
Mr. Vladimir N. FEDOROV
First Secretary
Permanent Mission to the UN
Mr. Georgiy S. GORSHKOV
Director, International Law
Research Section
Scientific Institute
"Soyzmorniiproekt"
Ministry of the Maritime Fleet
25X1B
X
X
X
X
X
X
X
X
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X
Third
LOS Conference
Dec
73
Jun
Aug
74
Mar
75
X
X
X
X
X
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Name and Title
Dr. Vladimir I. GRABOVSKIY
Director of Department
State Committee for Science and
Technology
Mr. Vladimir M. GRININ
Treaty and Legal Department
Ministry for Foreign Affairs
*Valeriy I. IGREVSKIY
Deputy Minister of Geology
*Mr. Vladimir M. KAMENTSEV
First Deputy Minister
Ministry of the Fish Industry
*Mr. Yuriy B. KAZMIN
Deputy Chief
Marine-Geology Exploration
Administration
Ministry of Geology
Dr. Boris G. KHABIROV
Treaty and Legal Department
Ministry for Foreign Affairs
Dr. Oleg N. KHLESTOV
Chief, Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Valeriy S. KNYAZEV
Deputy Head of Department
Scientific Research Institute of
Maritime Transport
Dr. Dmitriy N. KOLESNIK
Deputy Chief
Treaty and Legal Department
Ministry of Foreign Affairs
Seabed Committee Session
Third
LOS Conference
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun
Aug
74
Mar
75
_
X
X
X
X
X
X
X
X
X
X
X
X
X
XXXXXXX
X
X
X
X
X
X
X
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Name and Title
*R.E. Mr. Igor' K. KOLOSOVSKIY
Ambassador at Large
Ministry of Foreign Affairs
*Dr. Feliks N. KOVALEV
Deputy Chief
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vladimir I. KOVALEVSKIY
Chief, Department of International
Law of Sea
Ministry of Defence
*Mr. Semen P. KOZYREV
Deputy Foreign Minister
Mr. Marklen I. LAZAREV
Professor, Institute of State and
Law
Academy of Sciences
Mr. Leonid A. LEONT'YEV
Ministry of Foreign Affairs
H.E. Mr. Viktor I. LIKRACREV
Ambassador to Venezuela
R.E. Mr. Yakov A. MALIK
Deputy Minister for Foreign
Affairs
Permanent Representative to the
UN
Mr. Il'ya T. MATOV
Deputy Head of Department
Ministry of the Maritime Fleet
Mr. Aleksandr P. METAL'NIKOV
Responsible Secretary
25X1 B Oceanographic Committee of the
Soviet Union
Seabed Committee Session
Third
LOS Conference
Mar
71
Jul
Aug
71
Feb Jul
Mar Aug
72 72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun
Aug
74
Mar
75
X
X
X
x
x
x
X
X
X
x
x
X
X
,--
X
X
X
X
X
x
X
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Name and Title
*Mr. Stepan V. MOLODTSOV
Expert-Consultant
Treaty and Legal Department
Ministry of Foreign Affairs
*Dr. Anatoliy P. MOVCHAN
Expert-Consultant
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Yevcieniy N. NASINOVSKIY
Expert-Consultant
Treaty and Legal Department
Ministry of Foreign Affairs
*Capt Pavel I. NAZARENKO
Soviet Navy
Mr. Boris N. NETCHAYEV
Counselor
Treaty and Legal Department
Ministry of Foreign Affairs
H.E. Mr. Boris F. PODTSEROB
Ambassador at Large
Ministry of Foreign Affairs
*Mr. Valentin A. ROMANOV
First Secretary
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vladimir P. SEMIKASHEV
Treaty and Legal Department
Ministry of Foreign Affairs
Mr. Vitaly B. SHUBIN
Ministry of Foreign Affairs
Mr. Sergey N. SMIRNOV
Senior Counselor
Permanent Mission to the UN
Seabed Committee Session
Third
LOS Conference
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun
Aug
74
Mar
75
X
X
X
X
X
X
X
X
X
X
X
X
X
x
X
X
X
X
X
X
X
X
X
X
X
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Name and Title
Cmdr. Romuald F. SOROKIN
Department of International Law
Soviet Navy
Mr. Gennadiy S. STASHEVSKIY
Counselor
Permanent Mission to the UN
Mr. Vladimir D. TEREKHOV
Attache
Ministry of Foreign Affairs
*Mr. Vladimir I. TIKHANOV
Deputy Minister of the Maritime
Fleet
*Mr. Aleksey A. VOLKOV
Deputy Chief
Foreign Relations Department
Ministry of the Fish Industry
Dr. Anatoliy N. VOLKOV
Chief, Department VNIIMORGEO
Ministry of Geology
Mr. Vitally Ya. VOROBIYEV
Ministry of Foreign Affairs
Mr. Vladimir V. ZEMSKIY
Ministry of Foreign Affairs
*Dr. Andrey K. ZHUDRO
Deputy Director
Scientific Research Institute
for Maritime Transport
Ministry of the Maritime Fleet
Mr. Gennadiy I. ZOLOTOV
Second Secretary
2 5X1 B Ministry of Foreign Affairs
Seabed Committee Session
Third
LOS Conference
Mar
71
Jul
Aug
71
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
Dec
73
Jun
Aug
74
Mar
75
X
X
X
X
i
X
X
X
X
x
X
X
X
X
]-
X
1
X
X
X
X
X
X
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U.S.S.R.
Part II - Background Information*
Geography
World region: Eastern Europe and Asia
Category: coastal
Bordering states: North Korea, Peoples Republic of China,
Mongolia, Afghanistan, Iran, Turkey, Romania, Hungary,
Czechoslovakia, Poland, Finland, Norway
Bordering bodies of water: White Sea, Barents Sea, Kara Sea,
Arctic Ocean, Laptev Sea, East Siberian Sea, Chukchi Sea,
Bering Strait, Bering Sea, Pacific Ocean, Zaliv Shelikhova, Sea
of Okhotsk, Sakhalinskiy Zaliv, Tatar Strait((Amurskiy Liman
and Gulf of Tartary), Sea of Japan, Caspian Sea, Black Sea,
Baltic Sea, Gulf of Riga, Gulf of Finland
Bordering semienclosed sea: White Sea, Barents Sea, Bering Sea,
Sea of Okhotsk, Sea of Japan, Baltic Sea, Black Sea
Major bordering straits: Kara-Strait, Vil'kitskiy Strait, Sannikov
Strait, Laptev Strait, Long Strait, Bering Strait, Tatar Strait,
La Perouse Strait
Area of continental shelf: 364,300 sq. mi.
Area to 200 mi. limit: 1,309,500 sq. mi.
Area to edge of continental margin: 735,900 sq. mi.
Coastline: 29,000 statute mi. (includes Sakhalin)
Land: 8,600,000 sq. statute mi.
Population: 252,100,000
Industry and Trade.
GNP: $719.4 billion (1974, prelim., in 1973 U.S. prices); $2,854
per capita (S)
Major industries: diversified, highly developed capital goods
industries; consumer goods industries comparatively less developed
Exports: $27,500 million (f.o.b., 1974); fuels (particularly
petroleum and derivatives), metals, agricultural products
(timber and grain), and a wide variety of manufactured goods
(primarily capital goods)
Imports: $24,800 million (f.o.b., 1974); specialized and complex
machinery and equipment, textile fibers, consumer manufactures,
and any significant shortages in domestic production (for example,
wheat imported following poor domestic harvests)
* WARNING -- Unless otherwise indicated, individual items are
unclassified/FOR OFFICIAL USE ONLY. Classification designations
are (C) Confidential and (S) Secret.
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Industry and Trade (con't)
Major trade partners: $42.3 billion (1973); trade 58% with
Communist countries, 27% with industrialized West, and 15% with
less developed countries
Merchant marine: (February 1975) 1,574 ships (1,000 GRT or over)
totaling 14,200,000 GRT; of which 1,093 are general cargo, 1
roll-on roll-off cargo, 10 modular cargo, 24 refrigerated cargo,
260 general tanker, 14 specialized tanker, 66 passenger, 106
bulk carrier; 574 merchant ships based in Black Sea, 351 in
Baltic Sea, 436 in Soviet Far East, and 213 in Barents/White
Seas (C)
Marine Fisheries (S)
Catch: about 9.5 million metric tons (1974 est.); exports -- 260.4
thousand metric tons (1973); imports -- 15.0 thousand metric
tons (1972)
Economic importance: seafood provides 15% - 18% of Soviet animal
protein
Ranking: 3rd after Japan and Peru; accounts for about 11% of
total world catch
Other fishing areas: worldwide, but especially off coasts of
Canada, U.S., Norway, Iceland, Peru, India, Ceylon, and Japan
Species: cod, haddock, hake, herring, redfish, shad, flounder,
mullet, mackerel
Marine fisheries techniques: modern
Other countries fishing off coast: Japan, Norway, U.K., Finland,
U.S.
Extent of foreign offshore fishing: small-scale, except for Japan
Resources
Crude Oil: production (includes gas condensate) -- 3,270 million
42-gal. bbl. (448 million metric tons) onshore, 80 million 42-
gal. bbl. (11.0 million metric tons) offshore (1974); proved and
probable reserves -- 75,000 million 42-gal. bbl. (10,300 million
metric tons) (1972)
Natural gas: 9,040 billion cubic feet (256 billion cubic meters)
onshore, 175 billion cubic feet (5 billion cubic meters) offshore
(1974); proved recoverable reserves -- 794,500 billion cubic feet
(22,500 billion cubic meters) (1974)
Navy (S)
Ships: surface ships -- 2 guided-missile helicopter ships, 9
light cruisers, 17 guided-missile light cruisers, 2 command
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Navy (S) (con't)
light cruisers (point defense), 1 old heavy cruiser, 8 surface-
to-surface and point defense guided missile destroyers, 4 surface-
to-surface missile destroyers, 31 surface-to-surface air missile
destroyers, 37 destroyers, 109 destroyer escort, 742 patrol types
268 mine warfare types, 97 amphibious ships, 102 amphibious
craft, 750 auxiliaries; submarines -- 35 nuclear-powered attack,
41 nuclear-powered cruise-missile, 25 diesel-powered cruise-
missile, 73 diesel-powered long-range torpedo-attack, 75 diesel-
powered medium-range torpedo-attack, 4 diesel-powered short-
range torpedo-attack, 48 nuclear-powered ballistic-missile,
22 diesel-powered ballistic-missile
Government Leaders
General Secretary of the Central Committee of the Communist Party:
Leonid I. Brezhnev
Chairman of the Council of Ministers: Aleksey N. Kosygin
Chairman of the Presidium of the U.S.S.R. Supreme Soviet: Nikolay
V. Podgornyy
Minister of Foreign Affairs: Andrey Andreyevich Gromyko
Multilateral Conventions
Geneva Conventions:
Convention on the Territorial Sea and Contiguous Zone, November 22,
1960.
Convention on the High Seas, November 22, 1960.
Convention on the Continental Shelf, November 22, 1960.
Oil Pollution Conventions:
International Convention for the Prevention of Pollution of the
Sea by Oil, September 3, 1969. 1969 Amendments, November 2, 1971.
International Convention for the Safety of Life at Sea (SOLAS),
August 4, 1965.
Conventions Regulating Fisheries in the North At/antic and North Sea:
International Convention for the Northwest Atlantic Fisheries,
April 10, 1958.
Protocol to the Convention relating to the holding of annual
meetings, August 11, 1958.
Declaration of Understanding regarding the Convention concerning
Mollusks, May 8, 1961.
Protocol to extend the Provisions of the Convention to Harp and
Hood Seals, April 13, 1964
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Multilateral Conventions (conIt)
Protocol relating to Entry into Force of Proposals adopted by
the Commission, October 23, 1967
Protocol relating to Measures of Control, October 23, 1967.
Protocol relating to Panel Membership and to Regulatory Measures,
November 21, 1969.
Protocol relating to Amendments to the Convention, October 13, 1971.
North-East Atlantic Fisheries Convention, August 25, 1960.
Miscellaneous Fishing Conventions:
International Convention for the Regulation of Whaling, September 11,
1948.
Protocol to the Convention, July 3, 1957.
Convention on the Conservation of the Living Resources of the
South-East Atlantic, September 24, 1971.
Miscellaneous Conventions:
Nuclear Test Ban Treaty, October 10, 1963.
Seabed Arms Limitation Treaty, May 18, 1971.
IMCO Convention, December 12, 1958.
ICES Convention, October 28, 1965.
Bilateral and Regional Conventions
Territorial Sea:
Norway-U.S.S.R. Agreement concerning the Sea Frontier between
Norway and the U.S.S.R. in the Varanger-fjord. Signed at Oslo,
February 15, 1957. In force April 24, 1957. 312 UNTS 289.
Descriptive Protocol (with Annexes) relating to the Sea Frontier
between Norway and the U.S.S.R. in the Varanger-fjord, demarcated
in 1957. Signed at Moscow, November 29, 1957. In force
March 17, 1958. 312 UNTS 289.
Poland-U.S.S.R. Protocol (with annexed maps) concerning the
Delimitation of Polish and Soviet Territorial Waters in the
Gulf of Gdansk in the Baltic Sea. Signed at Warsaw, March 18, 1958.
In force July 29, 1958. 340 UNTS 94.
Turkey-U.S.S.R. Protocol on Maritime Frontier. Signed April 17,
1973.
Continental Shelf:
Finland-U.S.S.R. Agreement concerning the Boundaries of Sea
Areas and of the Continental Shelf in the Gulf of Finland. Signed
at Helsinki, May 20, 1965. In force May 25, 1966. 566 UNTS 31.
Finland-U.S.S.R. Protocol Description of the Sea Boundary Line
between Finland and the Soviet Union in the Gulf of Finland to the
North east of Gogland Island. Signed at Helsinki, April 5, 1967.
Soviet Statutes and Decisions, VI (1970), 265.
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Bilateral and Regional Conventions (con't)
Finland-U.S.S.R. Agreement concerning the Boundary of the
Continental Shelf between Finland and the Soviet Union in the
Northeastern Part of the Baltic Sea (with annexed maps). Signed
at Helsinki, May 5, 1967. In force March 5, 1968. 640 UNTS 111.
German Democratic Republic-Poland-U.S.S.R. Declaration on the
Continental Shelf of the Baltic Sea. Signed at Moscow,
October 23, 1968. (1968) 7 International Legal Materials 1393.
Poland-U.S.S.R. Agreement concerning the Course of the Continental
Shelf Boundary in the Gulf of Gdansk and the Southeastern Part
of the Baltic Sea. Signed at Warsaw, August 28, 1969. In
force May 13, 1970. (1970) 9 International Legal Materials 697.
Fishing:
Finland-U.S.S.R. Agreement (with annexes) regarding Fishing and
Sealing. Signed at Moscow, February 21, 1959. In force April 4,
1959. 338 UNTS 3.
Protocol extending the Agreement to an Area in the Gulf of Finland
to the East of the Island of Suusaari (Gogland). Signed at
Helsinki, May 20, 1965. In force May 25, 1966. 566 UNTS 350.
Finland-U.S.S.R. Agreement on Fishing and Sealing. Signed at
Moscow, June 13, 1969. (1970) 9 International Legal Materials
507.
Norway-U.S.S.R. Agreement on Fishing. Signed at Moscow,
April 16, 1962. In force August 1, 1962. 437 UNTS 175.
Canada-U.S.S.R. Agreement on Co-operation in Fisheries off the
Coast of Canada in the North-Eastern Pacific Ocean. Signed
at Moscow, January 22, 1971. In force February 19, 1971.
Norway-U.S.S.R. Agreement concerning the Handling of Claims in
Connection with Damage to Fishing Gear. Signed at Moscow,
December 9, 1959. In force January 1, 1960. 361 UNTS 93.
Norway-U.S.S.R. Exchange of Notes concerning an Arrangement for
Mutual Communication with Regard to the Capture of Fishing and
Similar Vessels. Signed at Moscow, July 9, 1968. In force
July 9, 1968. (1968) Overenskomster med Fremmede Stater 352.
U.S.S.R.-U.S.A. Agreement on Certain Fishery Problems on the
High Seas in the Western Areas of the Middle Atlantic Ocean.
Signed at Washington, December 11, 1970. In force January 1, 1971.
21 UST 2664; TIAS 7009.
Protocol to the Agreement. Signed at Washington, February 2, 1971.
In force February 7, 1971. 22 UST 113; TIAS 7043.
Iceland-Norway-U.S.S.R. Agreement on the Regulation of the
Fishing of Atlanto-Scandian Herring. Signed at Moscow,
February 25, 1972. In force February 25, 1972.
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Bilateral and Regional Conventions (con't)
Japan-U.S.S.R. Convention concerning Fishing on the High Seas
in the Northwest Pacific Ocean. Signed at Moscow, May 14, 1956.
In force December 12, 1956. Soviet Statutes and Decisions,
VI (1970), 359.
Japan-U.S.S.R. Agreement on King Crab. Signed on April 16, 1970.
In force April 16, 1970.
Canada-U.S.S.R. Agreement on Provisional Rules of Navigation
and Fisheries Safety in the Northeastern Pacific Ocean off the
Coast of Canada (with Provisional Rules of Navigation and
Fisheries Safety). Signed at Moscow, January 22, 1971. In
force April 15, 1971.
Canada-U.S.S.R. Agreement on Co-operation in Fisheries off the
Coast of Canada in the Northeastern Pacific Ocean. Signed at
Moscow, January 22, 1971. In force February 19, 1971.
U.S.S.R.-U.S.A. Agreement relating to Fishing Operations in the
Northeastern Pacific Ocean. Signed at Washington, February 12,
1971.
U.S.S.R.-U.S.A. Agreement relating to Fishing for King and
Tanner Crab. Signed at Washington, February 12, 1971. In force
February 12, 1971. TIAS 7044.
U.S.S.R.-U.S.A. Agreement on Certain Fisheries Problems in the
North-Eastern Part of the Pacific Ocean off the Coast of the
United States of America. Signed at Washington, February 12, 1971.
In force February 12, 1971. TIAS 7046.
Agreement amending the Agreement. Effected by Exchange of Aide-
memoire, Moscow, February 22 and March 15, 1972. In force March
15, 1972. TIAS 7328.
Japan-U.S.S.R. Agreement between the Great Japan Fisheries
Association and the U.S.S.R. Ministry of Fisheries concerning
the Collection of Sea Kale in Areas around the Kaigara Islands
by Japanese Fishermen. Signed at Moscow, June 10, 1963. Soviet
Statutes and Decisions, VI (1969/70), 170.
Japan-Norway-U.S.S.R. Arrangements for the Regulation of Antarctic
Pelagic Whaling. Signed at Tokyo, September 29, 1971. (Lays down
arrangements for 1971-72 season).
U.S.S.R.-U.S.A. Agreement on the Regulation of North Pacific
Whaling. Signed at Tokyo, July 30, 1971. In force July 30, 1971.
TIAS 7188.
Norway-U.S.S.R. Agreement (with annex) on Measures for Regulating
the Catch and Conserving Stocks of Seals in the Northeastern
Part of the Atlantic Ocean. Signed at Oslo, November 22, 1957.
In force June 27, 1958. 309 UNTS 269.
Finland-U.S.S.R. Protocol on Co-operation in checking Pollution
in the Gulf of Finland. Signed at Helsinki, 1970.
Denmark-Finland-Norway-Sweden. Agreement concerning Co-operation in
Ice-breaking. (with Protocol). Signed at Helsinki, December 20,
1961. In force December 20, 1961. 419 UNTS 79.
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Date
Present Ocean Claims*
Terms Source, Notes
Territorial 1909 12 mi.
Sea
1921 12 mi. Decree
Only in the Barents Sea
1927
12 mi.
Decree of June 15, 1927
Extended to entire area of the U.S.S.R.
1935
12 mi.
1960
12 mi.
Statute for the Protection of the
State Frontier of the U.S.S.R.,
Aug. 5, 1960.
Measured from the low water line and
from lines closing bays and rivers.
Party to the Convention on the Terri-
torial Sea... (Nov. 22, 1960)
Protocol...(Poland & U.S.S.R.)...
concerning...territorial waters in
the Gulf of Gdansk, Warsaw, Mar. 18,
1958. 340 UNTS 94.
Protocol on Maritime frontier...with
Turkey, April 17, 1973.
Continental 1968 200 meters Edict of the Supreme Soviet of Feb. 6,
Shelf and exploit- 1968
ability Party to the Continental Shelf Convention
(Nov. 22, 1960)
The U.S.S.R./Norway Agreement of Feb. 15,
1957, concerning the sea frontier
between the two countries, defines
Lhe U.S.S.R./Norwegian sea frontier
in the Varanger fjord as a straight
line from an agreed frontier mark
* Principal Source: Limits of the Seas, National Claims to Maritime
Jurisdictions, 2d Revision, State Dept/INR, April 1974.
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Present Ocean Claims (con't)
Type Date Terms Source, Notes
Continental
Shelf (cont'd)
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to the intersection of the outer
limits of U.S.S.R. & Norwegian
territorial seas. Neither of the
parties is to extend its territorial
seas beyond the straight line extend-
ing from the said intersection to the
median point of the line between Cape
Nemetsky and Cape Kibergnes.
The Finland/U.S.S.R. Agreement of May
20, 1965, Regarding the Boundaries of
Sea Waters and the Continental Shelf
in the Gulf of Finland, refers to
the 1958 Geneva Convention on the
Continental Shelf and establishes
along agreed points a sea boundary
line between the contracting parties,
as well as the boundary lines of
their territorial sea in the Gulf
of Finland in the northeast section
of Sursari (Gogland) Island.
The Finland/U.S.S.R. Agreement on the
Continental Shelf Boundary in the
Baltic Sea of May 5, 1967, provides
for the delimitation on the median
line principle of the continental
shelf between both countries in a
specified area of the northeastern
Baltic Sea.
See Limits in the Seas, Nos. 16, 17,
55, and 56. Treaty on the boundary
of the continental shelf in.. .the
southeastern Baltic, Warsaw, Aug 29,
1969, EIF May 13, 1970.
Agreement.. .concerning the boundary of
the continental shelf between Finland
and the Soviet Union in the north-
eastern part of the Baltic Sea,
Helsinki, May 5, 1967, EIF Mar 15,
1968. 640 UNTS 111
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Present Ocean Claims (con't)
Type Date Terms Source, Notes
Exclusive 1935 12 mi. Regulation of Sept 25, 1935
Fishing The Finland/U.S.S.R. Agreement
Regarding Fishing and Sealing of
Feb. 21, 1959 and Protocol of May 20,
1965, extending that agreement, grants
to Finnish nationals the right to
engage in fishing and sealing in the
territoriaL sea of the U.S.S.R. in
specially designated areas of the
Gulf of Finland to the east of
Sursari (Gagland) Island.
The Norway/U.S.S.R. Agreement of
Mar. 15, 1962 authorizes U.S.S.R.
fishermen to fish in the 6- to 12-
mile area off the Norwegian coast
until Oct. 31, 1970, subject to
certain conditions. In return,
Norwegian fishermen of the Varanger
fjord are authorized to fish within
the 6- to 12-mile area of the U.S.S.R.
territorial sea in a specifically
designated zone between Cape Nemetsky
and the port of Kiberg.
Straight 1953 Czarist Ukase
Baselines Sea of Okhotsk as an internal sea
which in 1956 was equated by a
jurist with a "claimed" sea.
1921
Decree
Provided for the historic claim to
the White Sea and Cheshskaya Gulf.
former mentioned in 1893 Instruction
La Cruisers
1947 Soviet text on international law
mentions Gulf of Riga and Sea of
Azov as historic bays. International
1951 Jaw book categorized Kara, Laptev,
East Siberian and Chukchi Seas as
"claimed" seas.
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Type
Straight
Baselines
(cont' d)
Date
Present Ocean Claims (con't)
Terns Source, Notes
1957 Decree of July 20, 1957
Specifies limits of the historic
bay of Peter the Great.
1964 Aide Memoire of July 21, 1964
Stated that Llimitriy Laptev and
Sannikov straits were "internal
waters" of the U.S.S.R.
1971 Edict of June 10, 1971
Amended the 1960 Law on the Protec-
tion of the State Frontier to permit
the drawing of straight baselines
to be determined by the Council
of Ministers (Vedomosti Verkhovnogo
Soveta SSSR, 1971 N. 24, item 254).
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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
(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 sovereignty
over all their natural resources, wherever found.
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Against
Against
Adopted w/o vote
Abstain
In favor
Abstain
In favor
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Membership in Organizations Related to LOS Interests
CENA Council for Economic Mutual Assistance
Geneva Disarmament Conference
IAEA International Atomic Energy Agency
ICAO International Civil Aviation Organiza-
tion
ILO International Labor Organization
IMCO Inter-Governmental Maritime Consulta-
tive Organization
ITU International Telecommunications
Union
Seabeds Committee United Nations Committee on the Peaceful
Uses of Seabed and Ocean Floor beyond
the Limits of National Jurisdiction
UN United Nations
UNESCO United Nations Educational, Scientific,
and Cultural Organization
UPU Universal Postal Union
Warsaw Pact
WHO World Health Organization
WMO World Meteorological Organization
Universal Copyright Convention
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
0 COMMITTEE
Distr.
LIMITED
A/CONF.62/C.2/L.26
29 July 1974
ENGLISH
ORIGINAL: RUSSIAN
DRAFT ALTICLES ON THE TERRITORIAL SEA
People's Republic of Bulgaria, German Democretic Republic, Polish
People's Republic, Union of Soviet Socialist Republics.
SECTION I
Nature and characteristics of the territorial sea and its breadth
Article 1
1. The sovereignty of a coastal State extends beyond its land territtory and its
internal waters to a belt of sea adjacent to its coast or to its internal waters and
described as the territorial sea.
2. The sovereignty of a coastal State extends also to the air space over the
territorial sea as well as Lu the bed and subsoil thereof. All the resources of the
territorial sea are under the sovel-eignty of the coastal State.
3. The coastal State exercises this sovereignty subject to the provisions of these
articles and to other rules of international law.
Article 2
Each State has the right to determine the breadth of its territorial sea within a
maximum limit of 12 nautical miles, measured from the baselines determined in accordance
with articles ... of this Convention, and subject to the provisions of articles.
concerning
conterning straits used for international navigation.
SECTION II
Method of measuring and delimiting the territorial sea
(Articles 3-13)*
* Add here the text of articles 3 to 13 of the Convention on the Territorial Sea
and the Contiguous Zone, 1958.
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SECTIO7 ITT
Right of innocent passage through the territorial sea
Subsection A. Rules applicable to all ships
Article 14
Subject to the provisions of the articles of this section, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage through the
territorial sea.
Passage of straits used for international navigation is governed by articles ...
of this Convention.
Article 15
1. Innocent passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of proceeding to or
from internal waters.
2. Innocent passage includes stopping and anchoring provided they are incidental to
ordinary navigation or navigating conditions or are rendered necessary by force majeure
or by distress.
Article 16
1. Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State. Such passage shall take place in conformity with these
articles and with other rules of international law.
2. Passage of a foreign ship shall be considered innocent so long as it does not
engage in any of the following in the territorial sea:
(a) Any threat or use of force either against the territorial integrity or the
political independence of the coastal State or in any other way incompatible with the
Charter of the United Nations;
(b) Any exercises or gunfire, launching of missiles or other use of weapons of
any kind;
(c) The launching or taking on board of any aircraft;
(d) The unloading or loading of any cargo in violation of the laws of the coastal
State;
(e) The disembarking or embarking of any person in violation of the laws of the
coastal State;
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Page 3
(f) Deliberate acts interfering with any system of communication of the coastal
State;
(g) Deliberate acts interfering with any other facilities or installations of the
coastal State.
The provisions of subparagraphs (c) to (g) of this article shall not apply to any
activity carried out with the prior authorization of the coastal State or rendered
necessary by force majeure or by distress,
3. Passage of foreign fishing vessels shall not be considered innocent if they do not
observe such laws and z:egulatIons as the coastal State may make and publish in order to
prevent them from fishing in the territorial sea.
4. Submarines and other underwater vehicles are required to navigate on the surface
and to show their flag.
Article 17
1. Foreign nuclear-powered ships and ships carrying nuclear substances shall, during
passage through territorial waters, observe special precautionary measures and carry
papers established for such ships by international agreements.
2. In exercising their right of passage, foreign scientific research, hydrographic
survey and other ships may not carry out any marine research or surveys without previous
authorization from the coastal State.
Article 18
1. The coastal State shall not hamper innocent passage through the territorial sea
or discriminate amongst foreign ships in respect of such passage.
2. The coastal State is required to give appropriate publicity to any navigational
hazards of which it has knowledge, within its territorial sea.
Article 19
1. The coastal State pay take the necessary steps in its territorial sea to prevent
non-innocent passage.
2. In the case of ships proceeding to internal waters, the coastal State shall also
have the right to take the necessary steps to prevent any breach of the conditions to
which the admission of those ships to those waters is subject.
3. The coastal State may, without discrimination among foreign ships, suspend
temporarily and in specified areas of its territorial sea the right of innocent
passage of foreign ships if such suspension is essential for the protection of its
security. Such suspension shall take effect only after having been given due publicity
and on the condition that the other shortest routes for innocent passage have at the
same time been designated.
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Article 20
1 The coastol Stat adop'c law and reguletions in respect Di' innocent passage
through its territorial sea. Such laws and regulations shall comply with the
provisions of ths present Convention and other rules of international law and may be in
respect of the following guestious:
(a) The safety of naviaation and the regulation of sea navigation;
(b) The prevention of destruction of, or damage to, installations or aids to
navigation;
(c) The prevention of destruction -of, or damage to, facilities or installations
for the exploration and exploitation of the marine resources, including the resources of
the sea-bed and subsoil of the territorial sea;
(d) Prevention of damage to communication lines and electrical transmissions;
(e) The preservation of the environment and prevention of pollution of the coastal
waters and shores of the State in accordance with articles of the present
Convention;
(f) Scientific exploration of the marine environment, including water density, the
sea-bed and the subsoil of the territorial sea;
(g) Prevention of infringement of the customs, fiscal, immigration, sanitary and
phyto-sanitary regulations of the coastal State;
(h) Prevention of fishing by foreign vessels in the territorial sea.
2. Such laws and regulations shall not relate to questions concerning the construction,
manning, equipment or technical gear of foreign ships or impose requirements on such
ships which may have the practical effect of denying or seriyusly prejudicing their
right of innocent passage in accordance with the present Convention.
3. The coastal State shall give due publicity to all laws q.nd regulations on innocent
passage.
4. Foreign ships exercising the right of innocent passage through the territorial sea
shall comply with all such laws and regulations of the coastal State.
5. The coastal State shall ensure that the application of such laws and regulations in
respect of foreign ships enjoying the right of innocent passage is in conformity with
the provisions of the present Convention. The coastal State shall be answerable to the
State whose flag the ship flies for any damage caused to that ship as a result of the
application of the laws or regulations of the coastal State in a manner contrary to the
provisions of the present Convention.
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Article 21
In areas of the territorial sea in which navigation conditions make it so
desirable, the coastal State may introduce sea-lanes and traffic separation schemes and
shall ensure that these are clearly indicated on the charts and that they are given due
publicity.
Article 22
1. No charge may be levied upon foreign
the territorial sea.
2. Charges may be levied upon a foreign
as payment for specific services rendered
without discrimination.
ships by reason only of their passage through
ship passing through the territorial sea only
to the ships. These charges shall be levied
Subsection B. Rules applicable to merchant ships
Article 23
1. Criminal jurisdiction of the coastal State shall not be exercised on board a
foreign ship passing through the territorial sea to arrest any person or to conduct an
investigation in connexion with a c:-me committed on board the ship during its passage,
save only in the following cases:
(a) If the consequences of the crime extend to the coastal State; or
(b) If the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea; or
?
(c) If the assistance of the local authorities is requested by the captain of the
ship or by the consul of the country whose flag the ship flies; or
(d) If it is necessary for the suppression of illicit traffic in narcotic drugs.
2. . The provisions set forth above do not affect the right of the coastal State, when
there is justification, to take Any steps authorized by its laws for the purpose of an
arrest or investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal State
shall, if the captain so requests, advise the consular authority of the flag State
before taking any steps, and shall facilitate contact between such authority and the
ship's crew. In cases of extreme urgency this notification may be communicated while
the measures are being taken.
4. In considering whether or how an arrest should be made, the local authorities shall
pay due regard to the interests of navigation.
5. The coastal State may not take any steps on board a foreign ship passing through
the territorial sea to arrest any person or to conduct an investigation in connexion
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,4it1i a cr..me committed befor the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea without
entering the internal waters of the State concerned.
Article 24
1. The coastal State shall not stop or divert a foreign ship passing through the
territorial sea for the purpose of exercising civil jurisdiction in relation to a person
on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose
of any civil proceedings, save only in respect of obligations or liabilities assumed or
incurred by the ship itself in the course or for the purpose of its passage through the
waters of the coastal State.
3. The provisions of the previous paragraph are without prejudice to the right of the
coastal State, in accordance with its laws, to levy execution against or to arrest, Tor
the purpose of civil proceedings, a foreign ship lying in the territorial sea or passing
through the territorial sea after leaving internal waters.
4. Government ships operated for commercial purposes in foreign territorial waters
shall enjoy immunity, and therefore the measures referred to in this article may be
applied to them only with the consent of the State whose flag the ship flies.
Subsection C. Rules applicable to government
ships_aerated for non-commercial purposes
Article 25
1. The rules contained in subsection A shall apply to government ships operated for
non-commercial purposes.
2. Except in the cases provided for in the provisions referred to in the previous
paragraph nothing in these articles affects the immunities which such ships enjoy under
these articles or other rules of international law.
Subsection D. Rules applicable.to warship_Q
Article 26
The rules contained in subsection A shall apply to foreign warships, but nothing in
this Convention shall affect the immunity which warships enjoy in accordance with the
generally accepted rules of international law.
Article 27
If any warship does not comply with the regulations of the coastal State relating
to passage through the territorial sea and disregards a request for compliance which is
made to it, the coastal State may require the warship to leave the territorial sea.
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UNITED NATIONS
THIRD CONFERENCE
OH THE LAW OF THE SEA
Distr.
LI;y1ITED
A/CONF.62/C.2/L.27
; July 1974
ORIGINAL: ENGLISH
SECOND COMMITTEE
Byelorussian Soviet Socialist Republic, Bulgaria,
Czechoslovakia, German Democratic Republic,
Hungary, Mongolia, Poland and Union of Soviet
Socialist Re.publics: draft article on the
contigUous zone
1. In a zone of the high seas contiguous to its territorial sea, the coastal State
may exercise the control necessary to:
(a) Prevent infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea;
(b) Punish infringement of the above regulations committed within its territory
or territorial sea.
2...? The contiguous zone may not extend beyond 12 miles from the baseline from which
the breadth of the territorial sea is measured.
3. Where the coasts of two States are opposite or adjacent to each other, neither
of the two States is entitled, failing agreement between them to the contrary, to
extend its contiguous zone beyond the median line every point of which is equidistant
from the nearest points on the baselines from which the breadth of the territorial
seas of the two States is measured.
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.7
25 July 1972
ENGLISH
Original:. RUSSIAN
COMMITTEE ON TEE PEACEFUL USES OF TEE SEA-BED AND THE
OCEAN FLOOR BEYOND THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
UNION OF SOVIET SOCIALIST REPUBLICS:
Draft articles on straits used for
international navigation
Article ...
1. In straits used for international navigation between one part of the high seas
and another part of the high seas, all ships in transit shall enjoy the same freedom
of naVigation, for the purpose of transit through such straits, as they have on the
high seas. Coastal States may, in the case of narrow straits, designate corridors
suitable for transit by all ships through buch straits. In the case of straits wherc
particular channels of navigation are customarily employed by ships in transit, the
corridors shall include such channels.
2. The freedom of navigation provided for in this article, for the purpose of
transit through the straits, shall be exercised in accordance with the following rules:
(a) Ships in transit through the straits shall take all necessary steps to avoid
causing any threat to the security of the coastal States of the straits, and in
particular warships in transit through such straits shall not in the area of the straits
engage in any exercises or gunfire, use weapons of any kind, launch their aircraft
undertake hydrographical work or engage in other acts of a nature unrelated to the
transit;
(b) Ships in transit through the straits shall strictly comply with the
international rules concerning the prevention of collisions between ships or other
accidents and, in straits where separate lanes are designated for the passaee of ships
in each direction, shall not cross the dividing line between the lanes. They shall
also avoid making unnecessary manoeuvres;
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(c) Ships in transit through the straits shall take precautionary measures to
avoid causing pollution of the waters and coasts of the straits, or any other kind
of damage to the coastal States of the straits;
(d) Liability for any damage which may be caused to the coastal States of the
straits as a result of the transit of ships shall rest with the flag-State of the
ship which has caused the damage or with juridical persons under its jurisdiction or
acting on its behalf;
(e) No State shall be entitled to interTupt or stop the transit of ships through
the straits, or engage therein in any acts which interfere with the transit of ships,
or require ships in transit to stop or communicate information of any kind.
3. The provisions of this article:
(a) shall apply to straits lying within the territorial waters of one or more
coastal States;
(b) shall not affect thc sovereign rights of the coastal States with respect
to the surface, the sea-bed and the living and mineral resources of the straits;
(c) shall not affect the legal regime of straits through which transit is
regulated by international agreements specifically relating to such straits.
Article
1. In the case of straits over Which the airspace is used for flights by
foreign aircraft between one part of the high seas and another part of the high seas,
oil aircraft shall enjoy the seme freedom of overflight over such straits as they
are in the airspace over the high seas. Coastal states may designate special air
corridors suitable for overflight by aircraft, and special altitudes for aircraft
flying in different directions, and may establish particulars for radio-communication
with them.
2. The freedom of overflight by aircarft over the straits, as provided for in
this article, shall be exercised in accordance with the following rules:
(a) Overflying aircarft shall take the necessary steps to keep within the
boundaries of the corridors and at the altitudes designated by the coastal States
for flights over the straits, and to avoid overflying the territory of a coastal
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State, unless such overflight is provided for by the delimitation of the corridor
designated by the coastal State;
(b) Overflying' aircraft shall take all necessary steps to avoid causing any
threat to the security of the coastal States, and in particular military aircraft
shall not in the area of the straits engage in any exercises or gunfire, use weapons
of any kind, take aerial photographs, circle or dive down towards ships, take on fuel
or engage in other acts of a nature unrelated to the overflight;
(0) Liability for any damage which may be caused to the coastal States as a
result of the overflight of aircraft over the straits shall rest with the State to
which the aircraft that has caused the damage belongs, or with juridical persons under
its jurisdiction or acting on its behalf;
(d) No State shall be entitled to interrupt or stop the overflight of foreign
aircraft, in accordance with this article, in the airspace over the straits.
3. The provisions of this article:
(a) shall apply to flights by aircraft over straits lying within the territorial
waters of one or more coastal States;
(b) shall not affect the legal r4gime of straits over which overflight is
regulated by international agreements specifically relating to such straits.
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UNITED NATIONS
fe:16 THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.11
17 July 1974
ENGLISH
ORIGINAL: RUSSIAN
Second Committee
PEOPLE'S REPUBLIC OF BULGARIA, CZECHOSLOVAK SOCIALIST REPUBLIC,
GERMAN DEMOCRATIC REPUBLIC, POLISH PEOPLE'S REPUBLIC, UKRAINIAN
SOVIET SOCIALIST REPUBLIC, UNION OF SOVIET SOCIALIST REPUBLICS:
DRAFT ARTICLES ON STRAITS USED FOR INTERNATIONAL NAVIGATION
Article 1
1. In straits used for international navigation between one part of the high seas arfl
another part of the high seas, all ships in transit shall enjoy the equal freedom of
navigation for the purpose of transit passage through such straits.
In the case of narrow straits or straits where such provision is necessary to
ensure the safety of navigation, coastal States may designate corridors suitable for
trawAt by all ships tbrc.ugh such straits. In te case of straits where particular
channels of navigation are customarily employed by ships in transit, the corrides
shall include such channels. In the case of any change of such corridors, the coastal
State shall give notification of this to all other States in advance.
2. The freedom of navigation provided for in this article for the purpose of transit
passage through straits shall be exercised in accordance with the following rules:
(a) Ships in transit through the straits shall not cause any threat to the
security of the coastal States of the straits, or to their territorial inviolability or
political independence. Warships in transit through such straits shall not in the area
of the straits engage in any exercises or gunfire, use weapons of any kind, launch or
land their aircraft, undertake hydrographical work or engage in other similar acts
unrelated to the transit. In the event of any accidents, unforeseen stops in the
straits or any acts rendered necessary by force majeure, all ships shall inform the
coastal States of the straits;
(b) Ships in transit through the straits shall strictly comply with the
international rules concerning the prevention of collisions between ships or other
accidents.
In all straits where there is heavy traffic, the coastal State may, on the basis
of recommendations by the Inter-Governmental Marimite Consultative Organization,
designate a two-way traffic separation governing passage, with a clearly indicated
dividing line. All ships s all observe the estallished order of traffic and the
dividing line. They shall also avoid making unnecessary' manoeuvres;
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(e) Ships in transit through the straits shall take all precautionary measures to
avoid causing pollution of the waters and coasts of the straits, or any other kind of
damage to the coastal States of the straits. Supertankers in transit through the
straits shall take special precautionary measures to ensure the safety of navigation and
to avoid causing pollution;
(d) Liability far any damage wbich may be caused to the coastal States of the
straits, their citizens ar juridical persons by the ship in transit, shall rest with the
owner of the sip or other person liable for the damage, and in the event that such
compensation is rat ;alai by them for such damage, with the flag-State of the ship;
(e) No State shall be entitled to interrupt or susrend the transit of ships
through the staaits, or engage therein in any acts which interfere with the transit of
ships, or reeuf.re ships in transit to atop or communicate information of any kind;
(f) The ceactel State shall not place in the straits any installations which could
interfere with or hinder the traneit of ships.
3. The pelvieires cf this article:
(a) s7:all eerjv ta :traits lyina within the territorial sca of one or more
coastal Stecaa
(a) shall aot affect tha sovereign rights of the coastal States with respect to
the serfaee, tho ala-led and the livina and ntineral resources of the straits;
(c) ll nat affee; the legal rciaia.e of straits throrgh which transit is
regulated by iaterrational a{reamente specifically reiatina to such straits.
Article 2
In the caee of ctraits lceieiene frcm the high seas to the territorial sea of one or
more foreien Statee aed ueessei for iuterrational navigation, the principle of innocent
passage for all el-Lips erapla t.:_d this passage shall not be suspended.
Aeticle 3
1. In the case seraits over which the air is traditionally used for transit
flights "ay foreign aircraft between one part of the high seas and another part of the
high seas, all aircraft shall enjoy equal freedom of transit overflight over such
straits. Coasia:1 States may desigtate special air carridors suitable for overflight by
aircraft, and special altitudes far airaraft flying an different directions, and may
establish paeticulars for radio-communication with them.
2. The freedon of trenait overflight by aircraft over the straits, as provided for
in this article, shall %e exarcieled in accordance with the following rules:
(a) Caerflying aircraft shall tees the necessary steps to .keep within the
boundaries of the corridors and at the altitude designated by the coastal States for
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flights over the straits, and to avoid overflying the land territory of a coastal State,
unless such overflight is provided for by the delimitation of the corridor designated
by the coastal State,
(b) Overflying aircraft shall not cause any threat to the security of the coastal
States, their territorial inviolability or political independence; in particular
military aircraft shall not in the area of the straits engage in any exercises or
gunfire, use weapons of any kind, take aerial photographs, circle or dive down towards
ships, take on fuel or engage in other similar acts unrelated to overflight;
(c) Liability for any damage which may be caused to the coastal States of the
straits or their citizens or juridical persons by the aircraft overflying the straits
shall rest with the owner of the aircraft or other person liable for the damage and in
the event that compensation is not paid by them for such damage, with the State in which
the aircraft is registered;
(d) No State shall be entitled to interrupt or suspend the transit overflight of
aircraft, in accordance with this article, in the air space over the straits.
3. The provisions of this article:
.(a) -shall apply to t:7ansit flights by aircraft4over straits lying within the
territorial sea of one or more coastal States;
(b) shall not affect the legal regime of straits over which overflight is
regulated by international agreements specifically relating to such straits.
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.II/L.26
13 July 1973
ENGLISH
Original: RUSSIAN
COMMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE II
Union of Soviet Socialist Republics: Rough draft of
basic provisions on the suestion of the outer limit
of the continental shelf
(1) The outer limit of the continental shelf may be established by the coastal State
within the 500-metre isobath.
(2) In areas where the 500-metre isobath referred to in paragraph (1) hereof is
situated at a distance less than 100 nautical miles measured from the baselines from
which the territorial sea is measured, the outer limit of the continental shelf may
be established by the coastal State by a line every point of which is at a distance
from the nearest point of the said baselines not exceeding 100 nautical miles.
(3) In areas where there is no continental shelf, the coastal State may have the same
rights in respect of the sea-bed as in respect of the continental shelf, within the
limits provided for in paragraph (2) hereof.
GE.73.48406
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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.88
5 August 1974
ENGLISH
ORIGINAL: RUSSIAN
SECOND COMMITTEE
Byelorussian SSR, People's, Republic of Bulgaria, German Democratic
Republic, Polish People's Republic, Ukrainian SSR and Union of
Soviet Socialist Republics: draft articles on the economic zone
The delegations of the Byelorussian SSR, the People's Republic of Bulgaria, the
German Democratic Republic, the Polish People's Republic, the Ukrainian SSR and the
Union of Soviet Socialist Republics, noting the understanding reached at the Conference
that all questions concernning the law of the sea are interrelated and must be resolved
in the form of a "package deal, are prepared to agree to the establishment of an
economic zone, as set forth in the present draft articles, on condition that mutually
acceptable decisions are also accepted by the Conference on the other basic questions of
the law of the sea (12-mile breadth ,of territorial waters, freedom of passage through
international straits, freedom of navigation?treedom_of scientific research,
determination of the outer limits of the continental shelf, the sea-bed rggime and the
prevention of pollution of he sea environment).
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SECTION I: GENERAL PROVISIONS
Article 1
The coastal State shall Nive the right to establish a zone, contiguous to its
territorial sea, for the purposes of the preservation, exploration and exploitation of
the living and mineral resources therein, to be mown as the economic zone.
Article 2
The coastal State shall, within the limits of the economic zone, exercise in
accordance with the present Convention sovereign rights over all living and mineral
resources in the waters the sea-bed and the sUbsoil thereof.
Article 3
The economic zone Shall not extend beyond the limit of 200 nautical miles,
calculated from the baselines used to measure the breadth of the territorial waters.
Article 4
The rights of the coastal State in the economic zone shall be exercised without
prejudice to the rights of all other States, whether having access to the sea or
land-locked, as recognized in the provisions of the present Convention and in
international law, including the right to freedom of navigation, freedom of overflight,
and freedom to lay submarine cables ad pipelines.
Article 5
Within the limits of the economic zone each State may freely carry out fundamental
scientific research unrelated to the exploration and exploitation of the living or
mineral resources of the zone. Scientific research in the-economic zone related to the
livine and mineral resourcee shall be carried out with the consent of the coastal State.
Article 6
The coastal State shall exercise its rights and obligations in the economic zone
in accordance with the provisions of the present Convention, with due regard to the legal
aspects of the use of the high seas and bearing in mind the need for a rational
exploitation of the natural resources of the sea and the preservation of the see
environment.
Article 1
1. Subject to the provisions of paragraphs 2 and 3 of the present article, the coastal
State shall have the sovereign right to engage in, decide on and regulate, within the
economic zone, the construction, operation and utilization of non-coastal installations
and other facilities, set up for purposes of exploration and exploitation of the natural
resources of the economic zone.
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2. The coastal State shall ensure compliance with the agreed international standards
concerning the breadth of the safety zone around non-coastal installations and other
facilities and navigation beyond the limits of the safety zone but close to such
ncn- coastal installations and otLer flcilities.
3. None of the installations and other facilities or safety zones around them mentioned
in paragraphs 1 and 2 of the present article may be set up in places where they miert be
a hindrance to the use of the regular sea routes which are of essential importance to
international navigation, or of areas which are of special importance to fishing.
Article ,8
In exercising their rights under the present Convention States shall not hinder the
exercise of the rights or the fulfilment of the obligations of the coastal State in the
economic zone.
Article 9
The coastal State and all other States shall ensure that all activities for the
preservation, exploration and exploitation of the living and mineral resources in the
economic zone are carried out solely for peaceful purposes.
Article,10
No economic zone mvst be established by any State which has dominion over or controls
a foreign territory in waters contiguous to that territory.
SECTION II: FISHERIES
Article 11
1. In the exercise of its rights over the living marine resources in the economic zone,
the coastal State shall, through appropriate regulations, ensure the rational exploitation
and the maximum use and preservation of such resources for the purpose of increasing the
production of food-stuffs derived from such resources.
2. The coastal State shall co-operate with the appropriate regional and international
organizations concerned with fishery matters when exercising its rights over living
resources in the economic zone and, taking into account their recommendations, shall
maintain the maximum allowable catch of fish and other living resources.
Article 12
On the basis of appropriate scientific data and in accordance with the
recommendations of the competent international fishery organizations consisting of
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representatives of interested States in the region concerned and other States engaged
in fishing in the region, the coastal State shall determine in the economic zone:
(a) at allowable annual catch of each species of fish or other living
marine resources except highly migratory species of fish;
(b) The proportion of the allowable annual catch of each species of fish or other
living marine resources that it reserves for its nationals;
(c) That part of the allowable annual catch of fish or other living marine
resources that may be taken by other States holding licences to fish in the economic
zone in accordance with articles 15 and 16 of this Convention;
(d) Measures to regulate the exploitation of living marine resources;
(e) Measures to conserve, and renew living marine resources,
Regulations for monitoring the observance of the measures specified in
subparagraphs (d) and (e).
Article j
Measures for the conservation, exploration and exploitation of living marine
resources and for the monitoring of their observance may not discriminate In form or
content against the fishermen of .45Ay other State.
Article 14
The size of the allowable annual catch, and the measures for the conservation,
exploration and exploitation of living marine resources in the economic zone shall be
established with due regard to appropriate economic factors and to environmental factors
and in accordance with internationally agreed rules.
Article 1.2
1. If a coastal State does not take 100 per cent of the allowable annual catch of any
stocks of fish or other living marine resources in the economic zone, fishermen of
other States shall be granted licences to fish for the unused part of such catch.
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2. Permission for foreign fistermen to fish in the economic zone of a developed
coastal State shall be granted on an equitable basis and in accordance with the
provisions of articles 16, 19 and 20 of this Convention.
3. Foreign fishermen may be allowed to fish in the .economic zone of a developing
coastal State by the grant of a special licence and in accordance with the provisions
of articles 16, 17, 18, 19 and 20 of this Convention.
Article 16
When granting foreign vessels permission to fish in the economic zone and in order
to ensure an equitable distribution of living resources, a coastal State shall observe,
while respecting the priory of the States specified in articles 18 and 19 of this
Convention, the following order:
(a) States which have borne considerable material and other costs of researdh,
discovery, identification and exploitation of living resource stocks, or Which have
been fishing in tha region involved;
(b) Developing countries, land-locked countries, countries with narrow access to
the sea or with narrow continental shelves, and countries with very limited living
marine resources;
(c) All other Staten without discrimination.
At1e17
Any questions of payment for the grant of licences to foreign fishermen to fish
in thc economic zone of a developing coastal State shall be settled in accordance
with i the provisions of his Convention and the recommendations of the competent
international fishery organizations and by agreement between the States concerned.
Payment for fizLing permits granted to foreign fishermen in the economic zone
of a developing coasta7 State shall be levied on a reasonable basis and may take
various forms.
Article 18.
Neighbouring developing coastal States may allow each other's nationals the right
to fish in a specifieC area of thoir eoonomic zones on the basis of long and mutually
recognized use. The conditions for the exercise of this right shall be established
by agreement between the States concerned, and such right cannot be transferred to a
third party.
Article 19
Developing States which are land-locked or which have a narrow outlet to the sea
or a narrow conti.lental shelf shall enjoy the privilege of fishing in the economic
zone of a neighbouring coastal State on the basis of equality with the nationals of
that State. The coLditions governing the enjoyment of this privilege shall be worked
out by agreement between he parties concerned.
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Article 20
1. Coastal States in whose rivers anadromous species of fish (salmonidae) spawn
shall have sovereign rights over such fish and all other living marine resources within
the economic zone and preferential rights outside the zone in the migration area of
anadromous fish.
2. Fishing by foreign fisheries for anadromous species may be carried on by an
agreement between the coastal State and another interested State establishing
regulatory and other conditions governing fishing by foreign nationals.
3. Priority in obtaining the right to fish for anadromous species shall be given to
States participating jointly with the coastal States in measures to renew that species
of fish, particularly in expenditure for that purpose, and to States which have
traditionally fished for anadromous species in the region concerned.
Article 21
In order to enable the fishing fleets of other States whose fishermen have
habitually fished in the economic zone established pursuant to article 1 of this
Convention to change over to working under the new conditions, a coastal State shall
continue to grant the fishermen specified in this article the right to fish in the
economic zone for a transition period of not less than three years after the entry
io force A' this Ccnvntion.
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UNITED NATIONS
GENERAL
ASSEMBLY
A/AC.138/43
22 July 1971
ENGLISH
Original: RUSSIAN
Ut55(?
4-3
COMHITTEE ON THE. PE,iXIFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND THE
LIMITS OF NATIONAL JURISDICTION
UNION OF SOVIET SOCIALIST REPUBLICS:
PROVISIONAL DRAFT ARTICLES OF A TREATY ON THE USE
OF THE SE -BEN FOR PEACEFUL PURPOSES
The States Parties to this Treaty,
Attaching great importance to the rational and orderly use of the sea-bed and
the subsoil thereof beyond the limits of the continental shelf exclusively for
peaceful purposes and for the benefit of the peoples of all countries,
Considering that co-operation in this field between States, on the basis of
a treaty, would contribute to the maintenance of international peace and security
and to the development of international co-operation, and would also promote
the utilization of the resources of the sea-bed in the interests of economic
progress, including the interests of the economies of the peoples of the
developing countries,
Noting the great importance of the Treaty on the Prohibition of the Emplace-
ment of Nuclear Weapons and Other Weapons of Hass Destruction on the Sea-bed and
the Ocean Floor and in the Subsoil Thereof, as an important step towards the
exclusion of the sea-bed and the ocean floor from the arms race,
Recalling General Assembly resolution 2749 (XO) approving the Declaration
of Principles Governing the Sea-Bed and the Ocean Floor and the Subsoil Thereof
beyond the Limits of National Jurisdiction, which provides inter alia that an
international regime applying to the sea-bed and the subsoil thereof shall be
established by "an International Treaty of a universal character, generally agreed
upon",
Convinced that the conclusion of a Treaty on the Use of the Sea-Bed for
Peaceful Purposes will contribute to the realization of the Purposes and Principles
of the United Nations Charter and to the strengthening of the principles of inter-
national law governing the freedom of the seas, including the freedom of research,
GE. 71-17212
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Have agreed as follows:
!=_rticle 1
The sea-bed and .t,; subsoil thereof within the limits specified in articles 2 and
3 of this Treaty shell be open to use exclusively for peaceful purposes by all States,
whether coastal or land-locked, without any discrimination whatsoever.
Article 2
The provisiona of this Treaty shall opely to the sea-bed of the high seas and the
subsoil thereof beyond tae limits of the continental shelf. In areas where there is
no continental shelf, the provisions of this Treaty shall anply to the sea-bed of the
high seas beginning at the demarcation line provided for in article 3 of this Treaty.
ilrticle 3
unction of the limits of the sea-bed)
Article 4
The use of the sea-bed and the subsoil thereof for the purpose of exploring and
exploiting its resources shall not conflict with. the principles of freedom of
navigation, fishing, research and other activities on the high seas.
Articlo 5
1. No State shall claim or exorcise sovereignty or sovereign rights over any part
of the sea-bed or the subsoil thereof. States Parties to this Treaty shall not
recognize any such claim or exercise of sovereignty or sovereign rights.
2. Similarly, the sea-bed and the subsoil thereof shall not be subject to appropriation
by any means, by States or persons, natural or juridical.
:Article 6
1. The use of the sea-bed and the subsoil thereof for military purposes shall be
prohibited.
2. 'hone of the provisions of this Treaty may be applied or construed in a manner
prejudicial to any measures which have been or may be agreed upon in the context of
international disarmament negotiations and which may be applicable to an area larger
than that specified in articles 2 and 3 of this Treaty.
3. Similarly, none of the Provisions of this Treaty may be regarded as an impediment
to the conclusion or application of disarmament agreements relating to the sea-bed,
including the application of the Treaty on the Prohibition of the Emplacement of Nuclear
Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and
in the Subsoil Thereof.
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4. With a view to the effective implementation of the provisions of paragraph I and
of the measures provided for in paragraph 2 of this article, and also with a view to
the exclusion of the sea-bed and the subsoil thereof from the arms race, the States
Parties to this Treaty undertake to conclude further international agreements as soon
as possible.
_Article 7
In regard to the sea-bed and the subsoil thereof, States shall act in accordance
with the principles and rules of international law, including the Charter of the
United Nations and the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States, and also in accordance with the
Declaration on the Granting of Independence to Colonial Countries and Peoples, in the
interests of maintaining international peace and security and in the interests of the
peaceful co-existence of States with different social systems and the promotion of
international co-operation and mutual understanding.
Article 8
The industrial exploration of the sea-bed and the subsoil thereof and the
exploitation of their resources shall be carried out for the benefit of mankind as a
whole, irrespective of the geographical location of States, whether coastal or land-
locked, and taking into particular consideration the interests and needs of the
developing countries.
Article q
(Question of licences for industrial exploration
and exploitation of sea-bed resources)
Article 10
1. With a view to the industrial exploration and exploitation of the resources of
the sea-bed and the subsoil thereof, stationary and mobile installations may he
erected and emplaced.
2. The installations referred to in paragraph 1 of this article shall not be placed
in straits and at points where they may obstruct passage on sea-lanes of vital
importance for international shipping or at points of intense fishing activities. Such
installations shall be erected, emplaced and operated in accordance with article 12 of
this Treaty. Safety.zones shall be established around these installations, with
appropriate navigational markings to ensure the safety both of the installations
themselves and of shipping.
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3. The safety zones referred to in paragraph 2 of this article may extend for a
distance of 500 metres around the installations erected, measured from each point of
their periphery. The configuration and location of the safety zones in each area of
the worldls oceans shall be such that they do not together form a belt barring the
access of shipping to particular maritime zones or cutting across international sea-
lanes.
4. Installations for the exploitation of the resources of the sea-bed and the subsoil
thereof shall be erected and emplaced by States within the limits of the sectors of the
sea-bed used by them. On the expiry of the period for which a sector has been allocated
to a State, such installations shall be dismantled and removed, unless another State to
which the same sector has been allocated under the procedure specified in this Treaty
acquires the said installations for the purpose of exploiting the resources of the
sector.
5. The construction or emplacement of any under-water or surface installations for
the exploration and exploitation of the resources of the sea-bed and the subsoil
thereof, and also the removal of such installations, shall immediately be notified by
Notices to Mariners or other generally recognized means of notification. Measures shall
also be taken to maintain means of warning mariners of the presence of such installations.
6. Such installations shall not possess tho status of islands and shall have no
territorial sea, and their presence shall not affect the determination of the limits of
the territorial sea or of the limits, of the sea-bed in accordance with article 3 of this
Treaty.
4rtiole 11
1. All types of activities by States on the sea-bed and in the subsoil thereof, as
provided for in this Treaty, shall be undertaken in compliance with the rules for the
protection of human life at sea.
2. States engaged in the industrial exploration or exploitation of the resources of
th,, sea-bed and the subsoil thereof shall take appropriate measures and co-operate with
one another to prevent pollution and contamination of the marine environment and also
to prevent interference with its ecological balance as a result of activities on the
sea-bed. Furthermore, such activities must not cause damage to the flora and fauna of
the marine environment.
3. The aforementioned States shall establish rules for the operational safety of the
installations referred to in article 11 of this Treaty, and shall co-operate with one
another in this regard.
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Article 12
1. The industrial exploration and exploitation of the resources of the sea-bed and
the subsoil thereof shall not create any unjustifiable obstacles to activities in the
marine environment which are conducted in accordance with the generally recognized
principles of international law.
2. Accordingly, the dimensions and configuration of sectors of the sea-bed used for
the exploitation of the resources of the sea-bed and the subsoil thereof, the location
of these sectors in relation to one another and the number of sectors in a particular
area of the world's oceans shall not be such that the sectors (even with spaces between
them) together form a belt across maritime zones through which the vessels of States
having no coastline on the Atlantic, Pacific or Indian Oceans make their way to the
waters of those oceans or to the international sea-lanes crossing them.
3. The foregoing provision shall apply also to areas in which the industrial exploration
of the resources of the sea-bed and the subsoil thereof is being undertaken and to the
number and location of the installations erected for the industrial exploration of the
resources of the sea-bed and the subsoil thereof.
4. Installations erected for the industrial exploration or exploitation of the
resources of tho sea-bed and the subsoil thereof shall not be used for Military purposes
of any kind. In particular, they shall not be used for the emplacement, storage or
testing of any military equipment or weapons.
5. Shipping and other activities in the marine environment in the areas in question
shall be exercised with reasonable regard for the industrial exploration and exploitation
of the aforementioned resources, provided that activities on the sea-bed end in the sub-
soil thereof are conducted in accordance with the provisions of paragraphs 1-4 of this
article.
Article 13
States Parties shall, in accordance with the provisions of this Treaty, take steps
for the orderly and rational exploitation of the resources of the sea-bed and the sub-
soil thereof.
Article 14
(Question of the distribution of benefits) .
Article 15
1. A. State Party to this Treaty, which has grounds for believing that activities on
the sea-bed by another State Party are contrary to the provisions of this Treaty, may
request that consultations be held on the subject of those activities.
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2. Statos Parties to the Treaty shall not, as a rule, refuse recuests for consultations
as provided for in paragraph 1 of this article.
3. In the event that a resncst for consul.tations is refused, the States concerned shall
settle their dispute in accordance with the r2ocedure provided for in article 22,
oaragraph 2 (i), of this Treaty.
Article 16
t. A State Party to the Treaty shall be resnonsible for ensuring that activities
connected with the industrial exploration and exploitation of the resources of the
n, -bed, including the activities of natural and juridical poraons under its jurisdiction
or acting on its behalf, are conducted in accordance with this Treaty.
2. A State Party to the Treaty shall be responsible for any damage caused to another
State Party to the Treaty as a. result of activities on the sea-bed.
Article 17
1. The International Sea-Bed Resources Agency, of which States Parties to this Treaty
may become members, is hereby established.
1. The principal organ: of the International Agency shall be the Conference of States
members of the Agency and the E:zecutive Board.
3. The administrative and technical servicing of the activities of the Agency and its
organs shall be undertaken by the Secretariat, headed by the Executive Secretary.
Article 18
1- The Conference of the Agency shall be composed of all States members of the Agency.
2. The functions of the Conference shall he to:
(a) Establish the Executive Board;
(b) Consider and approvc the Agencylc administrative budget;
(0) Consider general nue:Alone relating to the exploitation of the resources of
the sea-bed and the subsoil thereof;
(d) Adopt resolutions, on the recommendation of the Executive Beard, depriving
States of the rights and privileges arising from membership of the Agoncy, in
the event of systematic violations of the provisions of this Treaty, and adopt
resolutions, depriving States of the said rights and privileges on the
recommendation of the United Nations Security Council;
Consider the reports of the Executive Board;
Appoint, on the recommendation of the Executive doard, the Executive Secretary
of the Agency, and consider questions concerning the staff of the Secretariat;
(0)
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Draft general principles and also recommendations to States concerning the
prevention of pollution and contamination of the marine environment as a
result of the exploration and exploitation of sea-bed resources;
(h) Consider other questions which may arise in connexion with application of
this Treaty, unless they come within the competence of the Executive Board.
Article 19
Regular sessions of the Conference shall be convened every two years. Extraordinary
sessions may be held at the request of the Executive Board or a majority of the Parties
to this Treaty.
Article 20
1. Each State participating in the Conference shall have one vote.
2. Decisions by the Conference on questions of substance shall be made by a two-thirds
majority of the members of the Agency present and voting; decisions on procedural
questions shall be made by a simple majority.
Article 21
1. The Executive Board shall consist of thirty States. The Board shall accordingly
include five States from each of the following groups of countries:
(a) the socialist countries,
CO the countries of Asia,
(c) the countries of Africa,
(d) the countries of Latin America,
(e) the western European and other countries not coming within the categories
specified in sub-paragraphs (a) to (d) of this paragraph;
and (f) one land-locked country from each of the aforementioned groups of States.
2. Members of the Executive Board shall be elected for a term of four years.
Article 22
1. The Board shall be the executive organ?ef-the International Agency.
2. The functions of the Board shall be to:
(a) Supervise the implementation of the previsions of this Treaty by States
to the Treaty, and supervise activities in connexion with the industrial
exploration and exploitation of the resources of the sea-bed and the subsoil
thereof;
(b) Co-ordinate the activities of States Parties to this Treaty in the industrial
exploration of the resources of the sea-bed and the subsoil thereof, and make
a general evaluation, on the basis of data obtained from States, of the
reserves of proven resources of the area over which they extend and their
geographical distribution on the sea-bed, and also of the depth at which they
occur in the subsoil;
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(,)
\-)
(d)
(e)
(r)
(Functions in regard to the issue of licences);
(Functions in regard to the distribution of benefits);
Supervise compliance with the provisions of articles 10 and 12 of this Treaty;
Consider specific problems arising for land-lacked countries in connexion with
the exploration and exploitation of the resources of the sea-bed and the
subsoil thereof;
(g) Promote exchanges of scientific and technical Information on questions concerning
the exploration and exploitation Of the resources of the sea-bed and the
subsoil thereof;
(h) Adopt recommendations to States Parties to this Treaty concerning ways of
preventing pollution of the marine environment and damage to the living
resources of the sea as a result of the industrial exploration and exploitation
of the resources of the sea-bed and the subsoil thereof;
(i) Assist in settling disputes between States concerning implementation of this
Treaty, by applying the means for i)eaceful settlement listed in Article 33
of the United Nations Charter; and establish, at the request of parties to a
dispute, organs of conciliation, arbitration, etc., for settling the dispute;
(j) Consider other questions arising out of the provisionsof this Treaty.
Article 23
Decisions of the Executive Board on questions of substance shall be made by
egreement; decisions on procedural questions shall be made by the majority of the
nom-pers of the Board present and voting.
A. Decisions relating to article 22, paragraph 2 (i) shall be considered as adopted
only if the parties to the dispute so agree.
Sessions of the Executive Board shall be held not less than once a year.
Article 24
Any State Party to the Treaty which is not represented on the Executive Board may,
7 the question under consideration directly affects its interests, participate in the
-1.scussions in the Executive Board, without the riett to vote.
Article 25
Zeither this Treaty nor any rights granted or exercised pursuant thereto shall
flefect the legal status of the superjacent waters of the high seas, 02 the legal status
of the air space above those waters.
Article 26
done of the provisions of this Treaty or the rights granted to the International
Sea-Bed Resources Agency or its organs, and similarly none of the functions exercised by
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the Agency or its organs, shall mean that the Agency has jurisdiction over the sea-bed
and the subsoil thereof or shall give the Agency rights or legal grounds to consider
the sea-bed and the subsoil thereof as ()tined, possessed or used by it, or at its disposal.
Article 27
1. Heither this Treaty nor any rights granted or exercised pursuant thereto shall
affect the freedom of research on the sea-bed and the subsoil thereof.
2. Without prejudice to the freedom of research referred to in paragraph 1 of this
article, the States Parties to the Treaty agree, in the interests of the effective
exploitation of the resources of the sea-bed and the subsoil thereof, to promote
international co-operation in research on the resources of the sea-bed and the subsoil
thereof,
(a)
(b)
in particular by:
participating in international programmes and encouraging co-operation
between scientists of different countries in the conduct of research;
publishing programmes and disseminating the results of research, through
international as well as other channels;
(c) co-operating in measures to expand the research facilities of the developing
countries, including measures to increase the participation of the nationals
of those countries in research.
Article 25
This Treaty shall be open for signature by all States. Any State which does not
sign the Treaty before it enters into force may accede to it at any time thereafter.
Article 29
(Other final clauses)
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.32
15 March 1973
ENGLISH
ORIGINAL: RUSSIAN
COMMITTEE ON THE PEACEFUL USES OF
THE SEA-BED AND THE OCEAN FLOOR
BEYOND THE LIMITS OF NATIONAL
JURISDICTION
SUB-COMMITTEE III
Union of Soviet Socialist Republics: draft articles for a
convention on general principles for the preservation of
the marine environment
Article 1
Scope of the Convention
The provisions of this Convention shall apply to the areas of the world
ocean including the continental shelf but excluding States' territorial waters.
States hereby assume the obligation to ensure that activities carried out under
their jurisdiction to preserve the marine environment within their territorial
waters do not cause damage to the environment of other States or of maritime
zones beyond the-limits of their territorial waters.
Article 2
Obligation to prevent pollution of the marine environment
States undertake to adopt all necessary measures, including legislation, in
order to prevent pollution of the marine environment from any source, whether
marine-based, land-based or shore-based, including rivers, estuaries, water-pipes,
oil pipe-lines, the atmosphere, ships, aircraft, platforms and installations,
by substances which may be harmful to human health or to marine organisms or
interfere with legitimate uses of the world ocean.
Article 3
Liability for pollution of the marine environment
Each State shall be held liable for pollution causing damage to the marine
environment whenever such pollution results from activities carried out by
official organs of that State or by its physical and juridical persons.
73-05105
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Article 4
Co-operation among States
1. Every State shall co-operate with other States and with competent
international organizations for the purpose of expanding scientific programmes
and research on pollution of the marine environment. They shall encourage the
mutual exchange of data and scientific information relating to the prevention
of marine pollution.
2. States agree to co-operate with each other, on a global or regional
basis, in developing a mutually acceptable methodology of rules and standards
for the prevention of marine pollution.
Article 5
Mutual assistance between States
States agree to provide assistance to each other, when it is-requested,
for the elimination of the effects of major accidents, such as those involving
supertankers, which may cause serious pollution of the marine environment.
Such assistance will be given in the first instance to coastal developing
States.
Article 6
Scientific and technical assistance for developing countries
Scientific and technical assistance in the prevention of pollution of the
marine ?environment will be given to developing countries at their request
through the transfer of the necessary scientific and technical information, the
preparation of educational programmes and the training of experts and specialists.
Article 7
States' freedom of activity at sea
le States agree that any rules and standards relating to the prevention of
pollution of the marine environment adopted at the national and international
levels should take into account the need to provide for and ensure on the high
seas freedom of navigation and of fisheries and the freedom to conduct research
and other normal activities of States.
2. The rules and standards adopted by States for the prevention of
pollution of the marine environment should not infringe upon the immunity of
vessels and aircraft which enjoy such immunity under international law.
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Article 8
Other conventions on preservation of the marine environment
The provisions of this Convention shall be without prejudice to the specific
obligations assumed by States under special conventions and agreements concluded
previously which relate to the prevention of pollution of the marine environment
nor to agreements which may be concluded in furtherance of the general principles
set forth in this Convention.
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.23
3 August 1972
ENGLISH
Original: RUSSIAN
COMMITTEE ON THE PEACEFUL USES
OF THE SEA-BED AND THE OCEAN
FLOOR BEYOND THE LIMITS OF
NATIONAL JURISDICTION
SUB-COMIITTEE III
Working Paper submitted by the People's Republic of
Bulgaria, the Ukrainian Soviet Socialist Rerublic
and the Union of Soviet Socialist RePublics
Basic principles concerninc: international co-operation
in marine scientific research
It could be -stated in the preamble that:
- Further progress in marine scientific research for peaceful purposes is in the
common interest of .all mankind;
- Knowledge of all aspects of the natural processes and phenomena occurring in
the ocean, including the sea-bed and the ocean floor, is of great significance;
- Marine scientific research will promote the practical utilization of marine
areas and resourdes and will facilitate action to deal with natural disasters;
- Maxine scientific research should b: conducted for the benefit of all countries
irrespective of their degree of economic and technological development;
- Assistance to marine scientific research would help to increase the well-being
of the peoples of the world, particularly in the developing countries;
- A comprehensive knowledge of the oceans
scientific capacities and combining the efforts
- It is essential to extend international
can only be acquired by unitin6., the
of States;
co-operation in marine scientific
research and to establish the most favourable conditions
The basic principles might be formulated as:
1. Inter-State co-operation in the further development
for conducting such research.
of marine scientific research
and the combined efforts of scientists in studying the nature and interrelationships
oceanic phenomena and processes are an essential condition for the efficient
rational exploitation of the wealth andresources of the
interests of all countries.
GE. 72-14583
and
seas and the oceans in the
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2. -International co-operation in conducting marine scientific research shall, serve
peaceful purPoses and help to increase the well-being of the peoples of all countries.
3. Marine scientific research shall be conducted in conformity with the
universally-recognized principles and standards of international law, including the
United Nations Charter.
The high seas are open to the unhampered pursuit of scientific research work by
all States on a basis of equality, without discrimination of any kind.
4. States shall co-operate with one another in providing favourable conditions for
the conduct of marine scientific research and in the removal of obstacles to such
research. In particular, in the interests of international co-operation, States
shall, within the framework of their national laws and regulations, facilitate the
entry into their ports of ships conducting marine scientific research by simplifying
the relevant procedure.
5. States shall co-operate in adopting measures designed to extend the research
opportunities of developing and land-looked countries, including the participation of
the nationals of such countries in scientific research work, the provision of
scientific training and the exchange of experience in the conduct of scientific research
work.
6. All States may take part in international marine scientific research programmes
and will encourage the participation of their own scientists in the work envisaged
under those programmes.
7. States and international organizations shall co-operate under the auspices of the
UNESCO Intergovernt2ntal Oceanographic Comtgtssien in conductigg marine scientific
research in accordance with the long-term and expand.(A programme of oceanic exploration
and. research.
8. States shall endeavour in every way to stimulate the mutual exchange of scientific
data, and shall make such data available to the developing countries as part of the
scientific and technical assistance they provide to those countries.
9. States shall adopt and encourage ma-are- to ensure the publication and wide
dissemination of the results of marine scientific research, inter ala, through the
system of world and regional data centres.
10. All States shall co-operate with each other in preventing hindrances to the normal
functioning and safe preservation of stationary and mobile, manned and unmanned,
equipment and installations on the high seas carrying scientific apparatus and intended
for making scientific measurements and experiments.
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11. Marine scientific research shall be carried out without oausing damage to the
environment which might entail the disturbance of ecological balances therein.
12. Marine scientific research shall be conducted without causing danger to
navigation or unwarranted interference with fishing. Where necessary, appropriate
notifications of when and where experiments are to be conducted shall be provided in
good time.
13. States shall bear international responsibility for national activities connected
with marine scientific research, whether such activities are conducted by government
bodies or by individuals or bodies corporate under their jurisdiction.
14. No such activity shall constitute legal grounds for any claims to any part of
the seas or oceans or their resources.
15. These principles shall extend equally to scientific research carried out on the
sea?bed and the ocean floor beyond the limits of the continental shelf.
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UNITED NATIONS
GENERAL
ASSEMBLY
Distr.
LIMITED
A/AC.138/SC.III/L.31
15 March 1973
ENGLISH
ORIGINAL: RUSSIAN
COMITTEE ON THE PEACEFUL USES OF THE
SEA-BED AND THE OCEAN FLOOR BEYOND
THE LIMITS OF NATIONAL JURISDICTION
SUB-COMMITTEE III
Bulgaria, Poland, Ukrainian Soviet Socialist Republic,
Union of Soviet Socialist Republics: draft article for
a.convention on scientific research in the world ocean
Article 1
Definition of scientific research
Scientific research in the world ocean means any fundamental or applied
research and related experimental work, conducted by States and their juridical and
chysical persons, as well as by international organizations, which does not aim
directly at industrial exploitation but is designed to obtain knowledge of all
aspects of the natural processes and phenomena occurring in ocean space, on the
sea-bed and in the subsoil thereof, which is necessary for the peaceful activity
of States for the further development of navigation and other forms of utilization
of the sea and also utilization of the air space above the world ocean.
Article 2
Principle of freedom of scientific research
All States, irrespective of their geographical location, as well as
international organizations, shall enjoy on a basis of equality and without any
discrimination the right of freedom to conduct scientific_research in the world
ocean.
The term "world ocean" as used in this Convention covers all ocean space, the
sea-bed and the subsoil thereof, with the exception of internal and territorial
waters and the bed and subsoil of the continental shelf.
7:%-05088
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Article 3
Means by which scientific research may be conducted
Scientific research in the world ocean may be conducted through the use of all
types of vessels, platforms, floating stations, mobile or fixed installations,
aircraft and other means, both specially designed and adapted or used for such
purposes, using the appropriate scientific methods and equipment.
Article 4
Co-operation among States in the conduct of scientific research
States agree to co-operate with one another through the conclusion of bilateral
and multilateral agreements in creating favourable conditions for the conduct of
scientific research in the world ocean for peaceful purposes, the removal of
obstacles to such research and the uniting of efforts by scientists in studying the
essence of and the interrelations between the phenomena and processes occurring
in the world ocean.
Article 5
Provision of assistance to developing countries and
land-locked countries
States shall co-operate in carrying out measures designed to extend the
research capacity of the developing countries and the land-locked countries,
including participation of scientists from such countries in scientific research,
training of scientific staff from among their nationals and the transfer of
expertise in the conduct of scientific research work.
Article 6
Participation of States in international scientific_
research programmes
All States may participate in the conduct of international scientific research
programmes in the world ocean, and shall encourage participation of their
scientists in carrying out the measures provided for by such programmes. States
shall co-operate in the implementation of the long-term and expanded programme of
oceanic exploration conducted under the auspices of UNESCO's Intergovernmental
Oceanographic Commission.
Article 7
Exchange and publication of scientific data
States shall encourage the mutual exchange of scientific data obtained as a
result of the conduct of research, and especially the provision of such data to
developing countries as part of the scientific and technical assistance provided
to them.
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States shall also adopt and encourage measures to ensure the publication and
broad dissemination of the results of scientific research in the world ocean,
inter alia through the system of world and regional data centres.
Article 8
Simplified procedure for the entry of scientific research
vessels into ports and internal maritime waters
States shall, in the interests of international co-operation and in order to
facilitate the conduct of scientific research, adopt measures, including legislation,
to simplify the procedure for the entry of vessels conducting scientific research
work in the world ocean into their ports and internal maritime waters.
Article 9
Legal status of installations and facilities for
scientific research
Fixed scientific research installations, whether standing on the ground or at
anchor, and also floating stations or mobile installations, shall be subject to the
jurisdiction of the State which installed them. However, they shall not possess
the status of islands or have their own territorial waters, and their presence shall
not affect the determination of the limits of the continental shelf.
Article 10
Safety of navigation and the principle of freedom
of the high seas
Safety zones may be established around fixed and temporary installations and
facilities at a distance of not more than 500 metres from their outer edges. Sucn
installations and facilities shall not be placed at points where they may obstruct
international sea-lanes or air routes, or in areas of intense fishing activity.
Notice shall be given in accordance with existing maritime practice of the
erection and removal of all installations and facilities.
Fixed and floating stations and installations shall bear identification
markings indicating the State or international organization to which they belong,
and shall carry the necessary permanent warning devices, such as signs and signals,
to ensure the safety of navigation on and overflight of the high seas.
Scientific research in the world ocean shall not be subjected to unjustified
interference, nor shall scientific research itself cause unjustified interference
with .navigation, fishing, overflight in air space or any other legal activity in
the world ocean.
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Article 11
Prevention of pollution of the marine environment
Existing international norms to prevent pollution of the marine environment
shall be respected in the conduct of scientific research, with a view to
protecting the environment from harmful effects which may interfere with its
ecological balance.
Article 12
Scientific research in territorial waters and on the
continental shelf
Scientic research in territorial waters and on the continental shelf may be
conducted only with the consent of the coastal State.
The coastal State shall have the right to participate or be represented in
the research.
Scientific data on the results of research in the territorial waters or
on the continental shelf of a coastal State shall be made available to that
State on the basis of mutual agreement.
Article 13
Responsibility for possible damage caused during the
conduct of scientific research
States shall be held internationally liable for national activity in the
world ocean, irrespective of whether it is carried out by government organs or
by juridical or physical persons, and for ensuring that national activities are
conducted in accordance with the provisions of this Convention.
States shall be held internationally liable for damage which may be caused
to other States, to their juridical or physical persons, or to international
organizations during the conduct of scientific research in the world ocean, on
the sea-bed and in the subsoil thereof.
Article 114
Obligations under the United Nations Charter and other
rIternational agreements
in implementing the provisions of this Convention, States shall act in
accordance with the purposes and principles of the United Nations Charter and with
other generally accepted norms of international law.
Nothing in this Convention shall affect the rights and obligations of States
ander other international treaties relating to its subject.
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Article 11
Prevention of pollution of the marine environment
Existing international norms to prevent pollution of the marine environment
shall be respected in the conduct of scientific research, with a view to
protecting the environment from harmful effects which may interfere with its
ecological balance.
Article 12
Scientific research in territorial waters and on the
continental shelf
Scientic research in territorial waters and on the continental shelf may be
conducted only with the consent of the coastal State.
The coastal State shall have the right to participate or be represented in
the research.
Scientific data on the results of research in the territorial waters or
on the continental shelf of a coastal State shall be made available to that
State on the basis of mutual agreement.
Article 13
Responsibility for possible damage caused during the
conduct of scientific research
States shall be held internationally liable for national activity in the
world ocean, irrespective of whether it is carried out by government organs or
by juridical or physical persons, and for ensuring that national activities are
conducted in accordance with the provisions of this Convention.
States shall be held internationally liable for damage which may be caused
to other States, to their juridical or physical persons, or to international
organizations during the conduct of scientific research in the world ocean, on
the sea-bed and in the subsoil thereof.
Article 114
Obligations under the United Nations Charter and other
rIternational agreements
in implementing the provisions of this Convention, States shall act in
accordance with the purposes and principles of the United Nations Charter and with
other generally accepted norms of international law.
Nothing in this Convention shall affect the rights and obligations of States
ander other international treaties relating to its subject.
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Article 11
Prevention of pollution of the marine environment
Existing international norms to prevent pollution of the marine environment
shall be respected in the conduct of scientific research, with a view to
protecting the environment from harmful effects which may interfere with its
ecological balance.
Article 12
Scientific research in territorial waters and on the
continental shelf
Scientic research in territorial waters and on the continental shelf may be
conducted only with the consent of the coastal State.
The coastal State shall have the right to participate or be represented in
the research.
Scientific data on the results of research in the territorial waters or
on the continental shelf of a coastal State shall be made available to that
State on the basis of mutual agreement.
Article 13
Responsibility for possible damage caused during the
conduct of scientific research
States shall be held internationally liable for national activity in the
world ocean, irrespective of whether it is carried out by government organs or
by juridical or physical persons, and for ensuring that national activities are
conducted in accordance with the provisions of this Convention.
States shall be held internationally liable for damage which may be caused
to other States, to their juridical or physical persons, or to international
organizations during the conduct of scientific research in the world ocean, on
the sea-bed and in the subsoil thereof.
Article 114
Obligations under the United Nations Charter and other
rIternational agreements
in implementing the provisions of this Convention, States shall act in
accordance with the purposes and principles of the United Nations Charter and with
other generally accepted norms of international law.
Nothing in this Convention shall affect the rights and obligations of States
ander other international treaties relating to its subject.
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Approved For Release 2001/07/17 : CIA-RDP79-01054A000300050001-3
Secret
Secret
Approved For Release 2001/07/17 : CIA-RDP79-01054A000300050001-3