UNITED NATIONS THIRD CONFERENCE ON THE LAW OF THE SEA, FIRST COMMITTEE, STATEMENT OF ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300010011-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: July 15, 2002
• Sequence Number: 11
• Publication Date: August 23, 1974
• Content Type: REPORT

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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OF THE SEA
.Distr.
LIMITED
A/CONF.62/C.I/L.].0
23 August 1974
Prepared by the Rapporteur
Note: The following paragraphs, and their attachments, give an account of
the activities of the First Committee. The objective is to provide a document
of record and reference which will enable the Committee to continue without
delay consideration of the subject-matter before it at the next session of the
Conference.
The First Committee was one of the three Committees of the whole established at
the first session of the Conference to deal with the subjects covered by the three
Sub-Committees of the Committee on the Peaceful Uses of the'Sea-Bed and the Ocean Floor
beyond the Limits of National Jurisdiction.
The members of the Bureau are:
Chairman
Mr.
P. B. Engo - United Republic of Cameroon
Vice-Chairmen
Mr.
S. M. Thompson Flores.- Brazil
Mr.
Harry Wiinsche - German Democratic Republic
Mr.
T. IRguchi - Japan.
Rapporteur
Mr.
H. r Mott - Australia
By decision of the Conference on 2 July 1974 (A/CONF.62/29), upon the
recommendation of the General Committee, the First Committee has the task of considering
the following items from the list of subjects and issues:
C-1738
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Item 1. International regime for the sea-bed and ocean floor beyond
-{_ Ahational jurisdiction
1.1 Nature and characteristics
1.2 International machinery: structure, functions, powers
1.3 Economic implications
1.4+ Equitable sharing of benefits bearing in mind the special interests
and needs of the developing countries whether coastal or land-locked
1.5 Definition and limits of the area
1.6 Use exclusively for peaceful purposes
Item 23. Archaeological and historical treasures on the sea-bed and ocean
floor beyond the limits of national Jurisdiction
The Conference-also greed that the following understanding reached in the
Sea-Bed Committee on 27-August 1971 should be carried forward in respect of the
Committees of the Conference:
"While each sub-committee will have the right to discuss and record its
conclusions on the question of limits so far as it is relevant to the subjects
allocated to it, the main Committee will not reach a decision on the final
recommendation with regard to limits until the recommendations of Sub-Committee II
on the precise definition of the area have been received, which should constitute
basic proposals for the consideration of the main Committee."
By operative paragraph 6 of resolution 3067 (XXVIII), the General Assembly referred
to the Conference the--reports of the Sea-Bed Committee and all other relevant
documentation of the General Assembly and the Committee. The First Committee thus has
before it all the documentation from Sub-Coimittee I of the Sea-Bed Committee,
including in particular the texts illustrating the areas of agreement and disagreement
on items 1 and 2 of the Sub-Committee's programme of work (A/9021, vol.-II).
Documents presented in the Committee during the second session of the Conference
are listed in annex 1.
IV. WORK OF TIC COMMITTEE - - -
During the second session of the Conference in Caracas from 20 June to'29 August,
the First Committee worked through formal and informal meetings. It held 17 formal
meetings and 23informal meetings.
At a meeting on 10 July, the Committee accepted a proposal by the Chairman that it
should start work with a brief general discussion to enable representatives to comment
on issues of fundamental importance, so as to facilitate efforts to reach agreement on
.the major issues over which wide differences of view existed. The Chairman proposed
that at the end of this discussion the formal committee should be converted into an
informal body of the whole, to examine the preparatory material sent forward from the
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Sea-Bed Committee with a view to eliminating brackets and alternatives and thus to
build up areas of agreement. The Committee agreed to the Chairman's proposal that
Mr. C. W. Pinto of Sri Lanka should be Chairman of its informal,:=meetings.
Sixty-six delegations spoke during the.general discussion;fr,om 11 to 17 July. An
index of the summary records of the Committee, including the list of those who spoke
in the discussion is at annex 2.
Subsequently, at a further series of meetings, the Committee discussed the
economic implications of mining in the deep sea-bed. As a basis for this discussion,
a representative of UNCTAD and the Special Representative of the Secretary-General
presented reports to the Committee on the subject; as a further.aidto discussion the
Chairman of the Committee issued a note (A/CONF.62/C.1/L.2)?listing these reports and
incorporating summaries and conclusions of them. During the discussion of this question
38 delegations made statements, and raised questions which, were answered by
representatives of the Seretariats of the United Nations and UNCTAD. The statements of
those representatives who took part in the discussion. are also listed in annex 2.
A working paper was tabled on the subject of the economic effects of deep sea-bed
exploitation (A/CONF.62/C,l/L.5)...
As an aid to understanding of the subject of economic implications, the Chairman
of the Committee arranged two,informal seminars on 31 July and 1 August 1974. For the
information of the Committee the Chairman summarized the discussions in the seminars
at the 13th meeting of the Committee (,AA/CONF.62/C.1/SR.13). In addition, at the
Committee's 14th meeting the Chairman summarized further discussion which. had taken
place in the Committee (A/CONF.62/C.1/SR.14). His summaries contained personal views
and were not binding on any delegation.
/A further sentence will relate to action in regard to the proposal made for
a follow-up study in accordance with General Assembly-resolution 2750 A (xxv)/
Three documents were tabled. and introduced on the subject of Conditions of
e lorataon and exploitation (A/CONF.62/C.1/L.6, 7 and o).
At its 14th meeting on 19 August, the First Committee,established a Working Group
to pursue n^ -egotiations on articles 1--21 relatingto principles of the regime, as
contained`indocument A./CO1iP.62/0.1/L.3, and particularly on article 9 thereof, and on
the subject of conditions of exploration and. exploitation, The. Committee agreed that
the Working Group should be '.united in number but open.ended so that any State could
participate in its activities and entrusted the Chairman of the Committee with the duty
of conducting consultations to establish the membership of the group. The Committee
also agreed that Mr. C. W. Pinto of Sri Lanka should be Chairman of the Working Group
and that he should report.as:appropriate to the Committee.
As a result,of his, consultations, the Chairman of the Committee said at its
16th'meeting on 21 August that general agreement had been reached that the Working
Group should consist of 50 States, made up of nine representatives of each of the five
geographical groups plus five representatives of sponsors of individual proposals
before the Committee. He announced the composition of the Working Group as follows:
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(a) African Group: Algeria, Egypt, Ghana, Lesotho, Madagascar, Mali, Morocco,
Nigeria and the United Republic of Tanzania.
(b) Asian Group: Afghanistan (alternating with Nepal), China, India, Iran,
Kuwait, Pakistan, Philippines (alternating with Indonesia), Singapore and Yugoslavia.
(c) Eastern European Group: Bulgaria, Byelorussian Soviet Socialist Republic,
Czechoslovakia, German Democratic Republic, Hungary, Poland, Romania, Ukrainian Soviet
Socialist Republic and Union of Soviet Socialist Republics.
(a) Latin American countries: Bolivia, Brazil, Chile, Honduras, Jamaica, Mexico,
Peru, Trinidad and Tobago and Venezuela.
(e) Western European and Others Group: Austria, Canada, Germany, Federal
Republic of, Italy, Netherlands, Norway, Sweden, Switzerland and United Kingdom of
Great Britain and Northern Ireland.
(f) Sponsors of proposals before the Committee: Australia, Colombia, France,
Japan and the United States of America.
A number of delegations stated views in regard to the establishment and functioning
of the Working Group. The Chairman made a number of comments in response to these
remarks. The statements of the delegations concerned and the comments of the Chairman
are in the summary records of the 14th, 15th and 16th meetings of the Committee
(A/CONF.62/C.l/SR.14-16).
During the session the Chairman of the informal Committee reported to the Committee
on progress made. By decisions of the Committee his statements appears in extenso in
the records of the 9th, 11th and 14th meetings. His reports contained personal views
and were not binding on any delegation.
The informal Committee reviewed draft articles 1-21 relating to principles of the
regime, as set forward by the Sea-Bed Committee and contained in its report
(A/9021, vol. II). The results of its work on those articles are before the Committee
in document A/C0NF.62/C.1/L.3. During consideration of the draft articles, it was
agreed that there should be an article on definitions and that the terms to be dealt
with and their interpretation would be decided at a later stage.
Upon completion of consideration of the draft articles, the Chairman suggested
three issues which should be the subject of detailed study:
(a) the system of exploration and exploitation: who may explore and exploit
the area?
(b) the conditions of exploration and exploitation;
(c) the economic implications of sea-bed mining.
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It was agreed that, although the issues would be considered in that order,
representatives could make relevant reference to other issues.
Discussion of the system of exploration and exploitation (the first issue),
proceeded on the basis of the four alternative texts of draft article 9 prepared by
the Working Group of Sub-Committee I of the Sea-Bed Committee. During the discussion,
several new proposals were made. A new text was introduced to replace alternatives (B)
and (C) of article 9; this new text is alternative (B) in document A/CONF.62/C.l/L.3.
Another new proposal was introduced to replace the former alternative (C).
Alternatives (A) and (D) of the original text remained unchanged. In addition, one
delegation proposed a new text of two articles. The first of those was later
considered to have been absorbed into the revised alternative (B) mentioned above; the
second is reproduced at the end of document A/CONF.62/C.l/L.3.
During its consideration of the conditions of exploration and exploitation (the
second issue), the informal Committee received three working papers which were
subsequently tabled in the Committee as documents A/CONF.62/C.l/L.6, A/CONF.62/C.l/L.7
and A/CONF.62/C.l/L.8 (see annex 2).
The informal Committee did not discuss the economic implications of sea-bed
mining (the third issue) because this subject was taken up at the level of the
Committee (see part IV of the statement of activities above).
/After the Chairman of the Working Group has reported to the Committee,
a paragraph will be inserted/
The First Committee made useful progress at this session of the Conference towards
completion of the mandate assigned to it by the Conference. It recommends that the
opportunity should be provided for it to continue this work at a further session, with
a view to completing the drafting of articles dealing with the international regime and
machinery for exploration of the sea-bed beyond the limits of national jurisdiction and
the exploitation of its resources.
When it resumes work the Committee will have before it, in accordance with General
Assembly resolution 3067 (XXVIII), all reports of the Sea-Bed Committee and all other
relevant documentation of the General Assembly and the Committee, and all of the
documents presented at the second session as listed in annex 1.
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