PROVISIONAL SUMMARY RECORD OF THE THIRTY-THIRD MEETING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300040032-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 12, 2016
• Document Release Date: March 19, 2002
• Sequence Number: 32
• Publication Date: August 12, 1974
• Content Type: SUMMARY

12 ', g1,1:ry t .9 7
Second. tee:, :1_o
rel.,r 1. t,.n c it 4.1 to 'G..d1.s Y. C,co 4f ": 7t7r1 ~~~ UE .>ei.~7..i,t f (~ in or ti L .~. 'C J. .. G t.
q r "' F l 121 f? F:' . {,
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"l, Lx,?{;e;, ;~' A1.t.lx, rrc:xlc,1g t.t?._,;.c JRI Cyr ,,-~mfxty in t. ;"
..
lr ..,.,. tv t ? , , Y h_Ec'i t r c Q T :t ic'~: C4d, been, achnoeledgeed in international 1.aw. ill s
c,.el_e ;a,tio l tlidrefo:: ur,;=d tl).c Conference to include in the Convention on the law of the
.,ea the right of free transit and access to and froei the sea.; vliic-h would not be
pr( d;.c?:" erl upon i}. r e-?i:-:rrrs with rei hbc>uri.ra ; States, G zarantees of w`a-:~,t; right ;'t ould be
prc.,vhied, in he Convc zi.tion, so th.:.c any count;:y., if denied access to the sea, could
appeal for redress of .'S grievance trroulo"h the international rachinEry provided for that
purpose
Turn_in r, to the q7_?_ .ticn of c urges for transit and use of port facilities, he said
an if 'he
y ?C{: en or le `J7_F_':; should b CC mensICl at w a )1 'i.feservice services rendered, and
lent`--locked State used its own ?X11 - of trans-por-t., there should be no Ci) x`` e for transit
through :,l>e territory of the t.ca nsit tital;e. Accordingly he.
prouost d that tho article
dC al.:L':;. with the of tmnsit should r: ,ad. as follows:
7The tr.Snsit Sta' sha,_ll ae ;ord f ' `o and unrestricted transit of persons and foods
of l-a.ad.-l ockcd by any, )means of tro'nsportati_on1,: The traffic, in transit shall
not be si:.b-ect to any custor::s dtety or ,'l ecific charges or taxes except for cha.r es
levied. for spot if:i e services ,-,id ered. Mean: of transport of the land- ochcd State
while in transit should. not be sLb.ject to special taxes or Ct_~, `o h`i_ her than tho,,}..
levied for the ii ;e of means of transport of the to-ansit State,
~a-
That d--aft article reflected article 6 of the lia n);a1. )?f cl vea,tion, Al_thoui h some
representatives might oo 1. a 1 d.e it impractical and unreasonable, be pointed out that its
provisions r : SL~?Tie that dm 111_:3 :3. ;, C e' l"7' ?ng r.'l ants :C'C?r l' lot l rr trans i_ t tto l Ct be- made.
v :'re :intended to ensure that the ri grit a:t traansit was fully entrenched in order to
protect the lend-?lc,,.+cd S',.!i se ege.inst any unrecco,i.mftc coastal State, such e,s Botswana's
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Turning, to the question of resources, he said he proceeded from the prer ise that the
seas belonged to all mankind. Sharing meant she.rla_=" the 11'e-sour Ces of the.. ca, not the
rG.t;C7uj"Ct,3 of States. It was not enough to say that land %-locked and other
f :' coastal .
l - d.i.sadvantaged States should sharee only in the living resources of the sea.
n .
indeed, some coastal States were not eves, willing to share living resources on an equal.
rn
and nonce-discriminatory basis, but wished to impose unjust c~onda.tions. T11-le Declaration
o the Organization of African Unity called on African coastal St.n.tes to share living
resources with their land-locked neighbouring States and be hoped. that they would fulfil
t
slat obligation.
The aim of the Conference was to draft new articles governing the uses of the sea,
not to help coastal States balkanize the seas for their own benef:Lt. Any contention hict
discriminated against geographically disadvantaged States would create discord and
confJ.ict 'because. land-locked States would struggle to ensure that their rig hts were fully
recoggnized. In conclusion, he recomartended to the Conference for adoption the two drafts
submitted by land.-locked and other geogr.r nhically disadvantaged States and contained in
documents A/CCNF. 62/'IC. r /L. 2 9 and L.39.
M T '. r,. (Boliiria.) said. that t fi) }.;C of ereY1c ~t 1.S unprecedented in the
Mr. T'.,. '.'Dlrji!C~y
history of the 10.1-T Of the :ea in that many of the countries represented had not
_ of e Law %f the the Sea. The
and i0 /7 ,~ .S7, nre y
participated in the earlier 1, n5~ 1`oGeneva lConferences on It
success of the Conference would d(eneia;,1 on the spirit of justice and solidarity of the
arti.cipant ; : The future Convention ShloUIC. Certainly include provisions est7 bli h ten 't i'tr
:light of land-locked countries to free and unrestricted access and tr::l.?ri` t to and from
the se , which was E+-J..ready recognize . under international law, as well as, the rights set
T_{Flmpa Declaration (AlCMITE'.6 '/2?) . The right of free; and unrestricted
i `(7a,,tl1 in the
`:;r?amsit to and from the sea should not sir ply be a form: of i.nternation al courtesy or a
concession arbitrarily granted by the coastal. State,, but rust he' gua ,rl-.eed in
law-, that was 17Ylpoawt31,"t, 1Jt, at'.~t:17.s .~E. Iii id.,Y' .a e present conditions c-,. cinternational .L. ~a
international t
part of the resources of land-_loclc.e?d coantr -ies was spent to pay for r'ight:s to thr.
sr.eea.. ide did not believe that the right of free transit to and from the sea would affect
or jeopardize the soverel(.,jnty of transit or coastal States.
Land-?1')c1-,(2d countries might well Q Classified as dependent countries w'i'bil limited
sovereignty; for exanule, Bolivia' s extensive coastline on the Pacific Ocean had been
/ a 6 d
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Troth oliv_ia)
taken from it by ChIJ_e in the 1879 war au a result, Bolivia had become internationally
dependent and increasingly" backward socially and econoiucally. His Government had
naturally sought to ensure, through direct negotiation, that Bolivia would once again,
as in the days of the Incas, have its own outlet to the Pacific Ocean in exchange for
fair coj pensation. The question of an outlet to the sea for land--locked countries
affected not only the region or subregion in which they were situated but the whole
international community? Each country was responsible not only for its own progress or
lack of progress but also for that of neighbouring countries. He suggested that free and
unrestricted access to and from the sea could be provided in the case of Bolivia through
a corridor to'the Pacific Ocean, which could be negotiated under the auspices of the
Conference as an edifying example of international solidarity. The world was changing
and the necessary readjustments should be made in the new Convention on the law of the
sea,
The situation of land.-locked countries was much more serious than could ever be
imagined by coastal States. One seminar had concluded, after studying the problem, that
land-locked countries such as Bolivia could well become the most backward, countries of
each region simply because foreign invostmo4t would tend to flow into coastal. States
: hich had their Qu I 'ports. An UNCTAD report had noted that the lack of a coastline added
to the problems of development by incieaoiig the cost of raw naterials and international
trade through the levying of various kinds of charges, For example, a unilateral increase
in taxes and charges fore use of port, facilities in Chile and for transport through Chile -,:
had just been imposed on Bolivia. , That action illustrated that a lend-locked country had
little or no Say in decisions affecting its vital interests, such as the establishment
of a railway line, measures to reduce congestion in ports, or freight charges.
Inequitable international treaties also seriously affected least developed countries like
Bolivia, which was just over 130 kilometres from the Pacific Ocean. Bolivia would never
renounce its struggle for the implementation of its legitimate right to have its own
outlet to the Pacific Ocean, as had been recognized by the Presidents of Venezuela and
xi"co, by the Che nbe:r of Deputies of Venezuela and by various other countries.
!,";r. I D0f FICUREIO (Pa=.a.quay) said that the proposed articles
i/co:t..62/c 2/L,29 and L,399) submitted b: tand?-locked And other disadvanta;ed. States
contained. carefully drafted provisions reflecting the just and realistic interests of
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ic Godoy
such States. They also reflected the principles and norms of international law
applicable to such States, as contained in the Kampala Decl +.ration. Draft articles
reflecting the positions and needs of land-locked and. other geographically disadvantaged
States with respect to the international sea-bed area would be submitted in the First
end Third Coma:~mittees.
Paraguay was a land.-locked developing country making every effort, at every level,
to overcome the disadvantages of its t eograa.phical situation. The recent crisis and
increase in the price of oil and oil products had created serious problems for.
developing countries, which depended largely on imports for development and social
progress. Paraguay was fortunate to have major international waterways, which were,
bowever, navigable only part of the year; a navigation agreement had been concluded i.
196 T with Argentina providing for freedom of navigation for Paraguayan ships and
l~r3entine ships on those waterways on a reciprocal basis. Implementation of that
a. rc ement had been guaranteed by both Tar tics in national. decrees. Paraguay also enjoyed
facilities in Brazilian and Chilean ports for transit trade. It thus had access to the
sea through its international water~vrays part of the year and through the territory of
Brazil throughout the year. Those arrangements reflected the wise policies of the
Paraguayan, Argentine and Brazilian Go`re_rn.mentsi, which were well aware that access to
the sea was essential if Paraguay was to satisfy its econcmie require ,.pints .
The ideal of justice and equity would not be fully attained until the right of
id-locked States to access to the sea; L'es cosxi.uriis, was recognized as being on an
equal footing with that of other States ;.Those geographical situation enabled them to
claim jurisdiction over large expanses of ocean space. The coastal State, ti cre
certainly not acting illegally in claiming jurisdiction o?aer such areas in order to
protect the interests of present and future generation---,, but, he wished to point out that
those parts of the ocean and their resources also belonged to land-locked countries in
that the waters of the rivers of land -locked countries flowed. into the sea. He therefore
>> algid to a? 1. delegations to be fully aware of the historic realities of the situation
end to appreciate the problems faced b -,,,r land--locked countries so that the conclusions
and decisions of the Conference on the new law of the seat would contribute to the
establishment of a new, more just and more humane world order.
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Mr. v3Gr,P?'G (Lesotho) said that the Conference had to perfect and exten?. the
efforts of the past, especially with regard to those rights recognized by the k arcelorc
Convention of 1921. and the 1958 Weva Convention on the High Seas, and to ensure that
they became an integral part of the new Conventions on the lam of the sea.
Lesotho's geographical position was almost unique in that it was totally Ian&
locked by a single other State. ?Jhil.e both the Vatican City State and the Republic of
shared culture, language - nSan l~r~~rino were camnlGt~~l+y surrounded by Italy, th,.e,,y
tradition with that country. Lesotho, however, was l.az cou_nded by a neighbour whose
domestic and foreign policies were at variance with. its own, and. its geographical
isolation was cause for serious concern.
For lack of any alternative, Lesotho had to use South African ports for aceass to
the sea. Although Lesotho was connected by rail to the South African ports, it had had
to Wj_v h ;ax.1y on a'r.r trap port; due to its difficult topography.
Lesotho` p reAn.t, transit rights were based primarily on customary inte:r,?:'ac tioalel
ON and, the principle of necessity. `J'1ze principles laid down in 1960 by thy
l Court of MOO in the Right of Passage over Indian Territory Case were
Iazterraa.t~.otaa.
to some extant clouded by the particular history of'the.Portuguese enclaves in.India
., ~~ It~v-eax
and the dealings between the Portuguese and British Governments over many year
though in any dispute involving Lesotho, an international tribunal, basing itself on
customary law, would find in favour of freedom of transit, Lesotho would prefer to see
the right of transit clearly recognized in a multilateral' binding convention. The
cautious T s tuna de coma a.heldo approach of article 3 of the 1958 Geneva Convention on the
High Seas did not sufficiently create that right, nor were the conditions which a transit
State might impose on the exercise of the rights of transit satisfactorily limited.. The
provisions of that Convention worked to the disadvantage of Lesotho which, being totall'Y
surrounded, had only one State with vhich it could negotiate. The some as true for
other States with only one transit State linking them to their natural or reasonably
practicable outlet to the sea. In such circumstances, where the transit State was in
a position to dictate terms, the position of a country like Lesotho was far worse t h=}n
that of a 1_and?-locked State with more than one adjacent transit State with which it
could bargain.
Hi deleg rt ion agreed in general with the draft articles relating to land--looped
States stLa.~?i.ttecf, to the Sea-Bed the SCorc~.:A:i~t r~tee in 1973 (A/AC.138/ 13) ? It especially Welcomed
the confirmation in the preamble of those draft articles that the right of free access
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was an integr~a.l.. dart of the est< bl_ihed pr. a.ncY 7'7 e o ~'1 t t..? i~,L _ q l~Qi tOt k a:t the
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pa" nl_Eo > Ljsotho)
,,sight of land-locked countries to free access to and from the sea derived from the
plication of the fundamental principles of freedom of the high seas and had further
been strengthened by the principle of the aye a of the sea-bed as the common heritage of
ankin.d. In the light of his country's experience, two aspects of that draft needed to
be strengthened., and his deli gation was preparing ?m.endments to that effect. First,
there was a need to include air transport in the definition of `means of transport" in
article 1 since air transport was an important means of carriage of goods and persons to
and from the sea. Existing provisions of international law did not adeq aateJ_y guarantee
that right. In view of the fact that all States whether land-locked or coastal were to
enjoy the right of overflight over the high seas and the proposed new economic zones,
there was nothing strange in the idea that the right of overflight should also be
;r;nnn anteed for purposes of transit and access to and from the sea. Secondly, the broad
reference to "the legitimate interests" of transit States in article 15 was .a matter for
concern. Comparable provisions already existed in the Barcelona Convention of 1921 and
the 1965 Convention on Transit Trade of Land--Locked. States. There was no doubt that,
the legitimate interests of transit States should not be prejudiced by the exercise of
transit or acce s rights, but those interests should be more exactly identified. and
defined. Most importantly, the transit State should not be able unilaterally to define
its "legitimate interests" and thereby deny or impede transit or access to land-locked
States. There should be specific provisions requiring consultations between the parties
and compulsory arbitration as envisaged in article 22. Arrangements for the passage of
persons who were politically or otherwise unwelcome in the transit State should be
de'ri std and respected if recourse to the security clause was not to be made all instrument
0? harassment.
The interests of land--locked countries like Lesotho with regard to transit and
to the sea were not confined to th traditional uses of the sea. Since the first
two Conferences on the L .I?r of _the Sea in _t 958 and 1960, conditions had changed and now
Vistas had been opened up. There was a new awareness of the I n e'rd.epe ; the, resources therein. Iii, d.ele{-atiolr, supported the proposal s in
(XUGl}i(nt c:n.d. considered t:li 1;L the draft articles rel,-,Juin1 to
..arid'--loe.,! e'sd Hta.tes sub.mi.tted to the Sea,-he:d CGemittee (I/AC .1 38/9 j) arid. trte e pla ?).paper on those draft articles constituted. a constructive as:i for
discussions on regulations concerning, the rights of lane! _:_oc_ked. States in the fu'ti11 e
converition on the lw,,',T of the sea.
hr. CIIRPIO C.,`i`._1`ILLO ('Venezuela) St ed. his count.ry'es posit roe. with yegc,rd to
the ,7Y"QV ..`.alone which the future convention on. the law of the sea should contain on
larid 1oclcd ecuni rigs. His co11n',r-v 1,71 1,_ Sympathetic to the aspirations of those
Count J (Ts to have access to the sea with-in the framework of effective International
co?-op -.ration ,, since access to wors_d. :!ar i-LJAi1i: CC iP(1L11nic "tiQ.l`> was else its al for 1 ;:1E) S'
survival.
IN -3 country was particularly sensi.t?ive to t lee position of tin enel.":1Ci),(1 C O1, n r a'c'
whose development was- hindered by le: c i of access to the sea, and 1. 1 that CGi ;:Jr _en ??1F
would recall the support; for land--lucked cc).)lrtri_es whic,1 f ! h the President o
r of had expressed in his statement at the inaugural nectin4 of the pre _3 t'. nt i Gri Pcr:_?,"iC< .
Coastal "hates should take account of t;` e :7.114:erest of States which were. lens
favoured and geographically C! ~_sadv?,1"1tC.ged through having no coast, particular ,, when
such coawltr?ies were under.-'developed, In :;Citse cases, it was difficult to dCI;. +