LAW OF THE SEA COUNTRY STUDY NIGERIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300090001-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 34
• Document Creation Date: December 9, 2016
• Document Release Date: March 28, 2001
• Sequence Number: 1
• Publication Date: June 1, 1975
• Content Type: STUDY

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Confidential
No Foreign Dissem
Law of the Sea Country Study
Nigeria
Confidential
GCR LOS 75-10
June 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:
? 5B(1), (2), and (3)
Automatically declassified on:
date impossible to determine
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CONFIDENTIAL
.Vo Foreign Dissent
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy,
asic data and information bearing on law of the sea matters.
This study was prepared by the Office --p
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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\'o Forei,,rn I)issem
Part I - Law of the Sea Analysis
Summary ...................................................
1
Factors Influencing LOS Policy ............ .................
2
Law of the Sea Policy .....................................
4
Key Policy Makers, LOS Negotiators and Advisers ...........
9
Part II - Background Information
Basic Data ................................................
19
Conventions ...............................................
20
Membership in Organizations Related to LOS Interests ......
21
Present Ocean Claims ......................................
22
Action on Significant UN Resolutions ......................
23
UN LOS draft articles submitted by Nigeria
Maps: Regional map
Theoretical Division of the World Seabed
CONFIDENTIAL
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No Foreign Dissent
Part I -- Law of the Sea Analysis
A. SUMMARY (U)
In the law of the sea (LOS) forum,
Nigeria is a leading moderate in the
lesser-developed-country (LDC) group.
Its main concern at the LOS conference
is to secure exclusive jurisdiction
over the resources in a broad area
adjacent to its coast. Nigeria supports
establishment of the exclusive coastal
economic zone up to 200 miles* in breadth
in which the coastal state would have sole
authority to:
-- dispose of the resources,
-- protect the marine environment,
-- enforce customs, immigration, and
sanitary regulations, and
-- grant permission to conduct scientific
research and construct and operate
offshore installations.
Nigeria would permit freedom of navigation and overflight
in the coastal zone beyond the territorial sea.
If establishment of the exclusive coastal economic zone is
sanctioned Nigeria will support a 12-mile territorial sea that
incorporates a precisely defined innocent passage regime.
On the straits transit issue, Nigeria has called for a balance
between the interests of maritime states and straits states.
On the exploitation of the deep seabed, the Nigerian delegation
has pointed out the need to make conditions attractive for
private investment and will accept joint ventures and parallel
licensing.
* Distances and areas throughout this study are in nautical
miles unless specified otherwise.
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Nigeria would guarantee landlocked and geographically
disadvantaged states access to the sea and the living resources
of the coastal zones of neighboring coastal states, and a share
in. the resources of the deep seabed. Nigeria supports compulsory
dispute settlement, with the International Court of Justice as the
primary tribunal in cases that cannot be settled by alternative
peaceful means. The Nigerian delegation has given qualified
approval to the archipelago concept espoused by archipelago
states. On the issue of technology transfer, the delegation
has asked for establishment of regional research and training
centers, on-the-job training for LDC personnel, and the convening
of marine science and technology conferences and seminars.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features (U)
Nigeria's location at the apex of the Gulf of Guinea will
give rise to some very taxing problems when that country and
its coastal neighbors, i.e., Cameroon, Dahomey, Equatorial Guinea
(Fernando Poo), and Portugal (Principe and Sao Tome), come to
delimit their mutual sea boundaries. Equidistant lines extended
seaward from the ends of the Nigerian coast rapidly converge
and intersect slightly more than 200 miles to sea, severely
truncating Nigeria's slice of the west African continental
margin. The situations of Cameroon and Dahomey are even worse.
Uses of the Sea (U)
Mineral Resources --- The Niger Delta and the Nigerian
continental shelf contain immense petroleum reserves. Since
the end of 1973, Nigeria has produced more petroleum than any
other country in Africa; 1974 production averaged 2.3 million
barrels a day, and Nigeria now ranks seventh among the world's
producers. Petroleum is Nigeria's chief export and contributes
more, by far, to the country's gross domestic product (GDP) than
any other commodity.
Living Resources -- Nigeria is the largest consumer of
fish and fish products in Africa, yet its own fishing industry
contributes less than 5 percent of the country's GDP. The
fishing fleet, which consists of canoes and coastal trawlers
and shrimp boats, is supplemented by foreign ships chartered
by the Nigerian Government for distant-water fishing.
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Nigeria's inland and coastal waters are not rich enough
to satisfy the country's growing demand for fish, thus distant-
water fisheries will have to take up the slack if the country
intends to decrease its fish imports,
Marine Transportation -- The national merchant fleet,
almost entirely government owned, carries only a small portion
of Nigeria's international trade. The ships operate on routes
between Nigeria and the major ports of west Africa and western
Europe.
Naval_and Air Transportation Considerations -- Although small,
the Nigerian Navy is the largest naval force in west Africa,
but it suffers from poor maintenance and spare parts shortages.
The navy's mission is primarily coastal defense.
Nigerian Airways, Ltd., the government-owned national flag
carrier flies to 12 countries in west Africa, Europe, and the
Middle East and, in association with Pan American Airways, to
New York City.
Political and Other Factors (U)
Nigeria has been less caught up in the emotionalism of the
"common heritage of mankind" than some other LDCs. While the
Nigerians support the general LDC positions on LOS issues, they
view them pragmatically and often provide the voice of reason.
They are among the influential LDC moderates.
The Federal Military Government has ruled Nigeria by decree
since it seized power in a coup in 1966. General Yakubu Gowon,
its Head, while basically pro-West and suspicious of Communist
motives, is attempting to keep his country in the nonaligned
camp. Lagos deals with the United States and the U.S.S.R. on
an issue-oriented basis, almost devoid of ideology. Nigeria's
closest international ties are with the United Kingdom,
Relations with the United States have improved since the
1967-70 civil war, when the pro-rebel sympathies of some U.S.
private organizations and Washington's neutrality offended the
Nigerian Government. The United States is Nigeria's largest
market for crude oil exports and its third most important source
of imports. U.S. investment approaches $1 billion, or almost
50 percent of our investment in Black Africa.
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Nigeria strongly supports African nationalism and is a
leader in the Organization of African Unity. While believing
it inevitably will play a major leadership role in Africa,
Nigeria has not flaunted its wealth, size, or military might for
fear of intimidating its neighbors.
C. LAW OF THE SEA POLICY
Territorial Sea (C)
The Federal Military Government extended the breadth of
Nigeria's territorial waters from 3 to 12 miles in 1967 and
then to 30 miles in 1971. At Caracas in 1974, the Nigerian
delegation tabled its articles (see Annex) that would allow a
state to declare territorial waters up to a breadth of 50 miles.
Just before Caracas, however, a Nigerian LOS official indicated
to the visiting U.S. LOS team that Nigeria would accept the
12-mile territorial sea, in conjunction with a 200-mile
exclusive coastal economic zone, if this was the consensus of
the Conference. Nigeria's primary LOS concern is to secure
exclusive jurisdiction over its coastal resources, the rationale
for the successive extensions of its territorial sea.
The repeated violation of Nigerian territorial waters by the
foreign ships and aircraft that provided arms and humanitarian
relief to the rebels during the civil war has shaped in large
measure the government's view on transit in the territorial sea.
The Nigerian delegation has called for a precisely defined
innocent passage regime in the territorial sea that:
-- distinguishes between merchant ships and warships,
-- requires prior permission for overflight, and
-- sets forth explicit pollution control and
safety regulations.
Straits (C)
Nigerian officials have admitted that the issue of navigation
in international straits that are overlapped by territorial seas
is not of vital concern to their government. They understand,
however, that the issue is of considerable concern to others
and have indicated a willingness to mediate a compromise between
the interests of maritime states and straits states. The
Nigerian delegation's successes so far remain obscure. Nigeria
is well aware that much of the opposition to free and unimpeded
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transit is based on political and ideological considerations,
but sees fear of submerged transit and nuclear accidents as
the basic reasons behind some of the opposition.
Islands and Artificial Islands (U)
The Nigerian delegation, during its opening remarks at
Caracas in 1974, listed the regime of islands as an issue that
the Conference should resolve. It has said nothing definitive
on islands since then, however. The regime of artificial
islands, on the other hand, is more germane to the country's
interests in view of the extensive petroleum production and
exploration activity off its coast. At Caracas, Nigeria introduced
draft articles on the coastal economic zone (see Annex) that
call for coastal state jurisdiction over the construction and
operation of artificial islands in the economic zone, limited
only by consideration for international navigation.
Archipelagos (U)
Like the regimes of islands and transit in international
straits, the regime of archipelagos is of little concern to
Nigeria. The Nigerian delegation has done nothing more than
offer support for the general archipelago theory, i.e., con-
struction of baselines around the archipelago, international
navigation in designated lanes within the archipelago, etc.
It has, however, cautioned the archipelago states to be precise
in their definition of transit through the archipelago.
Delimitation and Demarcation (U)
The Nigerian delegation is well aware of the consequences
that its country's location in the Gulf of Guinea will have on
delimitation of marine jurisdiction and has called for use of
equitable rather than equidistant principles in the delimitation
of international sea boundaries. Unless it is truly interested
in the welfare of its country's coastal neighbors, however, the
delegation might do better to espouse the equidistance principle,
which would allot Nigeria the larger portion of the sea.
Contiguous Zone (U)
Nigeria wants the traditional contiguous zone jurisdictions
over customs, fiscal matters, and immigration and sanitary
regulations extended to cover the entire coastal economic zone.
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zastai State Jurisdiction Beyond the Territorial Sea (U)
he draft articles on the economic zone that the Nigerian
gation introduced at Caracas give the coastal state exclusive
sdiction over the resources, pollution control measures, and
scientific research activities in a zone adjacent to its coast
o 200 miles in breadth. Freedom of navigation and overflight
the laying of submarine cables and pipeiines by other states
11
aoi l d prevail in the zone beyond the territorial sea.
Nligeria opposes national jurisdiction over the resources of
t_ continental margin beyond the economic zone, seeing such
benefiting mainly the developed countries, many of which
jae extensive margins.
Fisheries (U)
Nigeria demands coastal state exclusivity over all facets
f fishing in the coastal zone. In the event that it does not
sully utilize the fish stocks in its economic :zone, Nigeria
would allow other states to take fish in the zone up to the
maximum sustainable yield, but only through official agreement
with the government in Lagos. The fishing of highly migratory
-pecies outside the coastal economic zone, Nigeria feels,
should be governed by an international agency.
Deep Seabed (U)
The Nigerian Government has struck some very profitable
bargains with the foreign oil companies that work its rich
petroleum reserves and, in the process, has acquired an
:understanding of the operation and requirements of such companies.
At the same time, Nigeria appreciates the feelings of fear and
mistrust that many of its fellow LDCs have for these companies
and their national governments regarding the exploitation of
the deep seabed. In another move to strike a balance between
diverse interests, the Nigerian delegations at both Caracas
and Geneva. while supporting international control of seabed
mining, urged that both private and state firms play a role.
At Caracas the delegation said that when the seabed is first
opened for exploitation, conditions of exploitation must be
attractive for private investment and proposed that private and
state firms be licensed as the sole operators, subject to fees
and other payments to the International Seabed Resource Authority
(ISRA). Later, when the ISRA has accumulated sufficient capital
and technology to conduct mining operations on its own, these
firms would be phased out in favor of the Enterprise System,
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where the ISRA would be the sole operator. The delegation
suggested that during the private/state firm phase, the ISRA
should have a seat on the boards to verify income, profits, and
costs.
At Geneva, the Nigerians tilted slightly further in favor
of private and state firm participation by emphasizing their
support for joint ventures and giving positive consideration
to parallel licensing. Joint ventures or parallel licensing
would assure a permanent place for private and state firms in
the exploitation of the deep seabed. The latter, however, allows
for greater private/state participation by reserving specified
areas of the seabed for private/state exploitation and other
areas for ISRA exploitation.
Nigeria wants the ISRA to control seabed production so as
to maintain a stable world minerals market, with neither artifi-
cially high nor artificially low prices. ISRA control of
production also would, Nigeria hopes, eliminate the specter of
unemployment in the land-based mining industry should seabed
mining prove more profitable.
The Nigerian delegation subscribes to the general LDC
position that the one-nation-one-vote Assembly be the Authority's
most powerful organ and that the Council be constituted on the
basis of equal geographic representation. Nigeria opposes
weighted voting and use of the veto.
Landlocked and Geographically Disadvantaged States (U)
Draft articles on the coastal economic zone that Nigeria
introduced at Caracas in 1974 award to landlocked and geograph-
ically disadvantaged states -- as well as to all other states --
the right to fish in the exclusive economic zones of coastal
states, provided suitable bilateral or regional agreements with
the coastal state have been negotiated. Statements of the
Nigerian delegation in Second Committee proceedings, however,
offer preferential rights to landlocked and geographically
disadvantaged states that are not apparent in the draft. Nigeria
would guarantee them free transit through neighboring coastal
states and access to coastal state marine fisheries -- on a
reciprocal basis. The "reciprocal" condition obviously can refer
in this situation only to transit. Presumably, Nigeria would
deny these states access to the nonliving resources of the coastal
seabed on the basis of reciprocity since coastal state rights to
the nonliving resources in neighboring landlocked and geographically
disadvantaged states has not been discussed in the LOS context.
These states would have to rely upon the deep seabed for revenues
from marine minerals.
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Marine Pollution (U)
Nigeria believes that the coastal state must have exclusive
control of the regulation and preservation of the marine
environment in the coastal economic zone. Pollution control
standards, however, would be based on international and regional
standards.
Nigeria supports the work of the Intergovernmental Maritime
Consultative Organization (IMCO) and urges that the regulations
for prevention of pollution in the various IMCO conventions be
incorporated into the LOS treaty. The 1973 Convention for the
Prevention of Pollution by Ships stipulates joint flag state/
coastal state enforcement, which may be Nigeria's preference on
the enforcement issue.
Scientific Research (U)
Nigeria endorses the Group of 77 position favoring the
consent regime for scientific research in the coastal zone.
Nigeria emphasizes, however, that the coastal state should
normally give consent if the researcher demonstrates that the
research is for peaceful purposes and allows coastal state
participation, trains coastal state nationals in research
techniques, and provides the coastal state with the resulting
data and analyses.
Transfer of Technology (U)
In 1974 at Caracas, Nigeria sponsored one set of draft
articles on technology transfer and cosponsored another (see
Annex). The articles call for what amounts to the "spoon
feeding" of LDCs with the full course of marine science and
technology. Transfer would be accomplished on a state-to-state
basis during the prosecution of a bilateral agreement to explore
and/or exploit the coastal zone, via the proposed ISRA during
the exploration and exploitation of the deep seabed, or under
the auspices of other international organs through seminars,
conferences, and the establishment of regional research and
training centers.
Settlement of Disputes (U)
Nigeria supports compulsory settlement of disputes with
mediation and other nonjuridical peaceful means as the primary
vehicles. Nigeria feels that the International Court of Justice
should be the primary tribunal for marine disputes that cannot
be settled otherwise, with, perhaps, special tribunals for
technical issues such as fishing also playing a role.
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D. KEY POLICY MAKERS,.,-LOS-NEGOTIATORS AND ADVISERS (U)
The delegation to Geneva was again led by N.B. Graham-Douglas,
Federal Attorney General and Commissioner for Justice. Nigerian
LOS delegations have been composed of veteran LOS negotiators.
However, decisions made by the negotiators are subject to review
and approval of General Gowon and the Supreme Military Council.
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LOS Conference Attendees (U) Seabed Committee Session
1 Jul Feb Jul Mar Jul
T.I.ar Aug Mar Aug I Apr Aug
11. 71 72 72 73 73
*Captain H. ABDULLAHI
Nigerian Navy
Mr. A.A. ADEDERAN
Solicitor-General
Ministry of Justice
Mr. T.A. ADEMAKIl TA
Acting Principal State Counsel
Mr. Oluyemi ADENIJI
Otrector
international Organizations Depart
ante nt
Ministry of External Affairs
Mr. T.I. ADESALU
Federal Ministry of Justice
Lagos
. M.O. ADIO
senior State Counsel
Ministry or Justice
Miss C.M. AGUTA
Senior State Counsel
TAr . 0. ALO
:Lead, Economic Division
Ministry of External Affairs
Mr. B.O. AhTOKOYA
Charge d'Affaires a.i.
;:rbassy of Nigeria
Sc me
Dr. A. ATATOPETU
;a_rst Secretary
I'c'rmanent Mission to the UN
1-1 i d
LOS Conference I
JJun- Mar-
Dec Aug 1 May
73 74 75
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LOS Conference Attendees (U)
*F.O. BAYAGBONA
Director
Federal Fisheries Department
(Now an official of UN Food and
Agriculture Organization)
*H.E. Dr. N.B. GRAHAM-DOUGLAS
Attorney--General of the Federa-
tion and Commissioner of Justice
Lt. Commander M.A.B. Elegbede
Nigerian Navy
Mr. N . O . FADAYOINZI
Deputy Director
Federal Fisheries Service
Lagos
Mr. I. JIMETA
Minister
Permanent Mission to the UN
Mr, 0. LOLOMARI
Federal Ministry of Mines and
Power
Lagos
*Mr. J.D. OGUNDERE
Acting Solicitor
General of the Federation
Dr. L.E. OKOGWU
First Secretary
Permanent Mission to the UN
Mr. S.O. OKUNRIBIDO
Federal Director of Public
Prosecutions
Mr. J.N. OLISA
State Counsel
Seabed Committee Session
Third
LOS Conference
Jul
Feb
Jul
Mar
Jul
Jun-
Mar-
ar
71
Aug
71
Mar
72
Aug
72
Apr
73
Aug
73
Dec
73
Aug
74
May
75
X
----
~
I
I
X
I X X
X
X
~ I
I
X
i
X
I
X
X X
X
X
1
?
L
U
1IJ
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LOS Conference Attendees (U)
A1r. 0. OMOTOSO
Senior State Counsel
Federal Ministry of Justice
Lagos
Mr. B.A. SHITTA-BEY
Legal Adviser
Federal Ministry of Justice
Mr. J.G. TOBOR
Director
Federal Ministry of Agriculture
and Natural Resources
jr . Abraham TUKURU
Ministry of External Affairs
X X
Third
Seabed Committee Session LOS Conference
7 Jul Feb Jul Mar Jul Jun- Mar-
Mar Aug Mar !; Aug Apr Aug Dec Aug May
71 71 72 72 73 73 73 74 75
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Nigeria
Part II - Background Information*
Geography
World region: Africa
Category: coastal
Bordering states: Dahomey, Niger, Chad, Cameroon, Equatorial
Guinea (Fernando Poo), Portugal (Principe and Sao Tome)
Bordering bodies of water: Atlantic Ocean (Gulf of Guinea)
Area of continental shelf: 12,500 sq. mi.
Area to 200 mi. limit: 61,500 sq. mi.
Area to edge of continental margin: 37,700 sq. mi.
Coastline: 530 statute mi.
Land: 357,000 sq. statute mi.
Population: 63,022,000
Industry and Trade
GDP: $22.6 billion (FY75 current prices), $360 per capita
Major industries; mining -- crude oil, natural gas, coal, tin,
columbite; processing industries -- oil palm, peanut, cotton,
rubber, petroleum, wood, hides, skins; manufacturing industries --
textiles, cement, building materials, food products, footwear,
chemical, printing, ceramics
Exports: $9.3 billion (f.o.b., 1974), oil (920), peanuts, palm
products, cocoa, rubber, cotton, timber, tin
Imports: $2.8 billion (c.i.f., 19740, machinery and transport
equipment, manufactured goods, chemicals
Major trade partners: U.K., EC, U.S.
Merchant marine: 18 ships (1,000 GRT or over) totaling 109,400 GRT;
includes 17 cargo, 1 bulk (C)
Marine Fisheries
Catch: 156,000 metric tons (1970); imports -- $3.7 million (1971
Economic importance: nationally as an important source of animal
protein; locally provides employment as well as source of animal
protein
Nature: primarily coastal, limited distant-water
* WARNING -- Unless otherwise indicated, individual items are
Unclassified For Official Use Only. Classification designation is
(C) Confidential.
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Marine Fisheries (cont'd)
Species: bonga, sardinella, croaker, threadfin, grunt, shrimp,
tuna
Nature of marine fisheries techniques: primarily artisanal,
limited modern
Other countries fishing off coast: U.S., Japan, France, Spain,
U.S.S.R., Cuba, Eastern European countries
Extent of foreign offshore fishing: limited, by chartered foreign
vessels
Petroleum Resources
Petroleum: production -- 482.5 million 42-gal, bbl. (65.1 million
metric tons) onshore, 182.7 million 42-gal. bbl. (24.7 million
metric tons) offshore; proved recoverable reserves -- 9,200
million 42-gal bbl. (1,243 million metric tons) onshore, 3,400
million 42-gal. bbl. (459 million metric tons) offshore (1972)
Natural gas: production -- 438.7 billion cubic feet (12.4 billion
cubic meters) onshore, 165.9 billion cubic feet (4.7 billion
cubic meters) offshore; proved recoverable reserves -- 30,000
billion cubic feet (840 billion cubic meters) estimated onshore,
10,000 billion cubic feet (280 billion cubic meters) estimated
offshore (1972)
Navy
Ships: 1 destroyer escort, 6 patrol, 5 motor gunboats, 1 mine
warfare, 1 amphibious warfare, 4 auxiliary and service craft (C)
Government Leaders
Head of Federal Military Government and Commander in Chief of
Nigerian Armed Forces, General Yakubu Gowon
Commissioner for External Affairs, Okoi Arikpo
Multilateral Conventions
Geneva Convention on the Continental Shelf, 1958.
Geneva Convention on the Territorial Sea and Contiguous Zone, 1958.
Geneva Convention on the High Seas, 1958.
Geneva Convention on Fishing and Conservation of the Living Resources
of the High Seas, 1958.
(IMC) International Convention for the Prevention of Pollution of
the Sea by Oil, 1.954
(IMCO) International Convention for the Safety of Life at Sea, 1960.
(IMCO) Regulations for the Prevention of Collisions of Vessels at
Sea, 1960.
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Multilateral Conventions (cont'd)
(IMCO) Convention on Facilitation of International Maritime
Traffic, 1965.
(IMCO) International Convention on Load Lines, 1966.
Nuclear Test Ban Treaty, 1963.
UN Convention on transit Trade of Land Locked States, 1965.
Multilateral Declarations
Lusaka (Non-Aligned) Declaration.
Membership in Organizations Related to LOS Interests
AFDB ..........................
Commonwealth
ECA ...........................
FAO ............................
IAEA ..........................
IBRD ..........................
ILO ...........................
IMCO ..........................
IMF ...........................
ITU ...........................
Lake Chad Basin Commission
Niger River Commission
OAU ...........................
OPEC ..........................
UN ............................
UNESCO ........................
UPU ...........................
WHO ...........................
African Development Bank
Economic Commission for Africa
Food and Agriculture Organization
International Atomic Energy Agency
International Bank for Reconstruc-
tion and Development (World Bank)
International Civil Aviation
Organization
International Labor Organization
Inter-Governmental Maritime Con-
sultative Organization
International Monetary Fund
International Telecommunications
Union
Organization of African Unity
Organization of Petroleum Exporting
Countries
United Nations Committee on the
Peaceful Uses of the Seabed and
Ocean Floor beyond the Limits
of National Jurisdiction
United Nations
United Nations Educational, Scientific,
and Cultural Organization
Universal Postal Union
World Health Organization
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CONFIDENTIAL
Present Ocean Claims*
Type Date Terms Source, Notes
Territorial 1964 3 rd. Interpretation Act of 1964, No. 1
S:ia
1967 1.2 ni. Decree No. 5 of Mar. 8, 1967
Party to Convention on Territorial
Sea (June 26, 1961)
1971 30 mi. Territorial Waters (Amendment)
Decree 1971 No. 38, Aug. 26,
19 71
Supplement to Official Gazette
No. 44, Vol. 58, Sept. 2, 1971.
Par- A
Continental 1959 Adopted shelf Mineral Oil (Amendment) Dec. 17,
Shelf concept in 1959
Proclamation
but no precise
definition
Decree No. 51
Petroleum Decree 1969
Official Gazette, Nov. 27, 1969,
200 meters or further.
Party to the Convention on the
Continental Shelf (May 28, 1971)
Exclusive 1971 12 mi. Decree No. 30, June 10, 1971
Refers only to motor fishing boats
Require license for dons tic or
Foreign ships
1971 30 mi. Decree No. 38
See Fisheries Regulations 1972,
Official Gazette No. 39 Aug. 24,
1972, Supp.
Security 1971 30 mi.
Civil 1971 30 mi.
Jurisdiction
Decree No. 38
Decree No. 38
Decree No. 38
* Principal source: Limits of the Seas, National Claims to Maritime
Jurisdiction, 2d Revision, State Dept./INR, April 1974.
- 22 -
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Action on Significant-UN Resolutions
Moratorium Resolution Abstain
(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 Co-sponsor
(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 Co-sponsor
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone of Peace In favor
(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 In favor
(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 In favor
(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 In favor
(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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UJNHTO NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
Distr.
LIMITED
A/CONF.62/C.2/L.12
17 July 1974
NIGERIA: DRAFT ARTICLES ON THE TERRITORIAL SEA
Article 1
(General Provisions: Nature and Characteristics)
Article 2
Limits of the Territorial Sea
The territorial sea shall not extend beyond 50 nautical miles from the
baseline from which the breadth of the territorial sea is measured.
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UNITED NATIONS
Distr.
LIMITED
A/CONF.62/C.2/L.21/Rev.1
5 August 1974
THIRD CONFERENCE
ON THE LAW OF THE SEA
Nigeria: -draft articles on the exclusive economic zone
Article 1
THE RIGHTS AND COMPETENCES OF A COASTAL STATE
1. A coastal State has the right to establish beyond its territorial sea, an exclusive
economic zone the outer limit of which shall not exceed 200 nautical miles measured from
the applicable baselines for measuring the territorial sea.
2. A coastal State has the following rights and competences in its exclusive economic
zone:
(a) exclusive right to explore and exploit the rerewable living resources of the
sea and the sea-bed;
(b) sovereign rights for the purpose of exploring and exploiting the non-renewable
resources of the continental shelf, the sea-bed and the subsoil thereof;
(c) exclusive right fcr the management, protection and conservation of the
living resources of the sea and sea-bed, taking into account the recommendations of the
appropriate international or regional fisheries organizations;
(d) exclusive jurisdiction for the purpose of control, regulation and preservation
of the marine environment including pollution control and abatement;
(e) exclusive jurisdiction for the purpose of control, authorization and regulation
of scientific research;
(f) exclusive jurisdiction for the purpose of protection, prevention and regulation
of other matters ancillary to the rights and competences aforesaid and, in particular,
the prevention and punishment of infringements of its customs, fiscal, immigration or
sanitary regulations within its territorial sea and economic zone.
3. A coastal State shall have the exclusive right to authorize and regulate in the
exclusive economic zone, the continental shelf, ocean bed and subsoil thereof, the
construction, emplacement, operation and use of off-shore artificial islands and other
intallations for purposes of the exploration and exploitation of the non-renewable
resources thereof.
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A/CONF.62/C.2/L.21/Rev.l
English
Page 2
4. A coastal State may establish a reasonable area of safety zones around its off-shore
artificial islands and other installations in which it may take appropriate measures to
ensure the safety both of its installations and of navigation. Such safety zones shall
be designed to ensure that they are reasonably related to the nature and functions of
the installations.
Article 2
THE RIGHTS AND COMPETENCES OF OTHER STATES
1. All States shall have the following rights in the exclusive economic zone of a
coastal State:
(a) freedom of navigation and overflight; and
(b) freedom of laying of submarine cables and pipelines.
2. All States may exercise, subject to an appropriate bilateral or regional
arrangement or agreement, the competence to exploit an agreed level of the living
resources of the zone.
3. Land-locked and geographically disadvantaged States shall have the right to
explore and exploit the living resources of the exclusive economic zones of
neighbouring coastal States, subject to appropriate bilateral or regional arrangements
or agreements with such coastal States.
Article 3
THE DUTIES OF A COASTAL STATE
1. A coastal State shall use its exclusive economic zone for peaceful purposes only.
2. A coastal State, in its exclusive economic zone, shall enforce applicable
international standards regarding the safety of navigation.
3. _A coastal State, in its exclusive economic zone, is under an international duty
not to interfere without reasonable justification with:
(a) the freedom of navigation and overflight, and
(b) the freedom of laying of submarine cables and pipelines.
4. A coastal State shall not erect or establish artificial islands and other
installations, including safety zones around them, in such a manner as to interfere
with the use by all States of recognized sealanea and traffic separation schemes
essential to international navigation.
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ngl.ish
Page 3
Article 4
1. In the exclusive economic zone of the coastal State, all other States are duty
bound not to interfere with the exercise by the coastal State of its rights and
competences.
2. In such an exclusive economic zone, all other States shall ensure compliance by
vessels of their flag with.
(a) applicable international standards regarding the safety of navigation outside
safety zones established by a coastal State around off-shore artificial islands and
other installations used for the exploration and exploitation of the non-renewable
resources of the zone; and
(b) the regulations of the coastal State regarding the safety of the said
off-shore artificial islands and other installations as well as ancillary regulations
of the coastal State regarding the enforcement of its customs, fiscal, immigration and
sanitation laws.
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UNITED NATIONS
Distr.
LIMITED
THIRD CONFERENCE
ON THE LAW OF THE SEA
A/CONF.62/C.3/L.8
1 August 197+
NIGERIA: DRAFT ARTICLES ON THE DEVELOPMENT AND
TRANSFER OF TECHNOLOGY
Article 1
1. To insure adequate and equitable. transfer of technology in accordance with
the concept of the common heritage of mankind in the ocean space, States with the
capacity for marine scientific research shall always and at all levels associate wifh
personnel of developing countries.
Article 2
1. Regional Scientific Research Centres shall be established, as suborgans of
the International Sea-Bed Authority, in the developing countries.
2. The functions of such Regional Scientific Research Centres shall include:
(a) advanced training and education on all aspects of marine scientific research,
particularly marine biology, oceanography, cartography, sea-bed mining, engineering
and mineralogy;
(b) advanced management studies; and
(c) prompt publication of results of marine scientific research in readily
available journals.
Article 3
1. The International See-Bed Authority shall ensure that adequate provisions
are made in its exploration and exploitation licences and contracts with States and
nationals of other States whether natural or juridical, for enterprises granted
exploration and exploitation rights under such licences and contracts, to take on as
members of their staff under training, nationals of developing countries whether coastal,
land-locked or otherwise geographically disadvantaged.
2. The International Sea-Bed Authority shall make available to any country on
request, blueprints and patents of plants and machinery used in the exploration and
exploitation of the international area.
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A/CONF.62/C.3/L.8
1?ng1i sh
The International Sea-Bed Authority shall obtain from any State to which
it has granted the rights of exploration and exploitation of the sea-bed under licences
or contracts on payment of reasonable fees or premiums, blueprints and patents of the
plants and machinery used by such States or their nationals in the exploration and
exploitation of the sea-bed and ocean floor beyond the limits of national jurisdiction.
j. The International Sea-Bed Authority shall ensure that adequate provisions are
made by it to facilitate the acquisition by any developing State or its nationals of the
n,cessary skills and "know-how" in any undertaking by the Authority of enterprises
for exploration and exploitation of the sea-bed and ocean floor beyond the limits of
^:Lional jurisdiction.
Article 4
1. All States are under a duty to co-operate actively with the International
Cea-I3ed Authority to facilitate the transfer of skills in marine scientific research
;.n1 technology to developing States and their nationals.
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IT
THIRD CCdNCE
THE !N OF THE SEA
Distr.
LI',IITED
A/CONF.62/C.3/L.12
22 August 1974
Brazil, EcuadorE ypt, Iran, Mexico Morocco,. TliZ:ria, Oman,
Pakistan, Peru, Senegal, Somalia, Sri Lanka, Trinidad and
Tobago,_ Tunisia, Uruguay, Venezuela and Yugoslavia: draft
articles on the development and transfer of technology
Article 1
1. All States shall actively promote the development of the scientific and
technological capacity of developing States with regard to the exploration, exploitation,
conservation and management of marine resources, the preservation of the marine
environment and the legitimate uses of ocean space, with a view to accelerating their
sot-:.,al and economic development.
2. To this end; States shall. inter alia, either directly or through appropriate
international organizations:
(a) promote the acquisition, development and dissemination of marine scientific
an,,- technological knowledge;
(b) facilitate the transfer of technology, including know-how and patented and
non-patented technology;
(c) promote the development of human resources and the training of personnel,
(d) facilitate access to scientific and technological information and date;
(e) promote international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
In order to achieve the above-mentioned objectives and taking into account the
-.r,te.r.ests, special needs and conditions of developing States, States shall ihter.alia:
(a) establish programmes of technical assistance for the effective transfer of
1ir_ds of marine technology to developing States;
(b) conclude agreements, contracts and other similar arrangements, under
c~r.icable and reasonable conditions;
(c) hold conferences, meetin?s and seminars on appropriate scientific and
lo,,ical subjects,
1..62cf / .. .
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AfCJ, .r2/C.3/L.12
Eng ~i5h
promote the exch-tng= of scientists techno!.;)gists and other experts
(e) undertake projects, including )oint--ventur-+s, mixed enterprises and other
['ores cry bilateral and multilateral co--operation.
1. All States are under a duty to co-operate actively with the "Authority'` to
encourage and facilitate the transfer of shills in marine scientific activities and
related technology to developing States and their nationals.
The 'Authority" shall, within its competence, ensure:
(1) that adequate provisions are made in its legal arrangements with juridical
and natural persons engaged in marine scientific activities., the exploration of the
international Area, the exploitation of its resources and related activities to take
on under training as members of the managerial, scientific and technical staff
constituted for these purposes, nationals of developing States whether coastal,
land--locked or otherwise geographically disadvantaged, on an equitable geographical
di,~tribution.
(2) that all blueprints and patents of the equipment, machinery, devices and
processes used in the exploration of the international Area, the exploitation of its
resources and related activities le made available to all developing States upon
request.
(3) that adequate provisions are made by it to facilitate the acquisition by any
developing State, or its nationals, of the necessary skills and know-how including
professional training in any undertaking by the Authority for exploration of the
international _rea, exploitation of its resources and related activities.
(l4) that a Special F'und is established to assist developing States in the
acquisition of necessary equipment, processes, plant and other technical know-how
rec!uired for the exploration and exploitation of their marine resources.
1. States shall promote the establishment in developing States of regional marine
scientific and technological research centres, in co-ordination with the Authority,
international organizations and national marine scientific and technological
;n:?ti tations.
2. The functions of such Regional Scientific and Technological Research Centres
s_:t .ll include, inter alia:
(a) training and educational programmes at all levels on various aspects of
nu _ scientific and technological research, particularly marine bioloUS*, including
cons?rvation and management of living resources, oceanography, hydrography,
geology, ser.-bed mining and desalination technologies;
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A/CONF'.62/C.3/L.12
English
Page 3
(b) management studies;
(c) study programmes related to the preservation of the marine environment and
the control of pollution;
(d) organization of regional seminars, conferences and symposia-,
(e) acquisition and processing of marine scientific and technological data and
information, in order to serve as regional data centres;
(f) prompt dissemination of results of marine scientific and technological
research in readily available publications;
(g) serving as a repository of marine technologies for the States of the region
covering both patented and non-patented technologies and know-how; and
(h) technical assistance to the countries of the region.
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`-~ ,~...' k I l.,i 1000/.. ?_ ?)' k(;~ e e^(i a6la
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