REMARKS OF SELECTED DELEGATES AT CARACAS VOUME III POLLUTION, SCIENTIFIC RESEARCH, LAND-LOCKED STATES, AND DISPUTE SETTLEMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300060001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 12, 2016
• Document Release Date: January 10, 2002
• Sequence Number: 1
• Publication Date: March 1, 1975
• Content Type: STATEMENT

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TR A Review Completed
REMARKS OF SELECTED DELEGATES AT CARACAS
VOLUME III
Pollution, Scientific Research,
Land-Locked States, and Dispute Settlement
Compiled by Bruce Malashevich
Office of Raw Materials and Oceans Policy
U.S. Department of the Treasury
March 1975
AR Y7 //c/
,A,vip/Pie te
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Group o.f. 17 Draft
Article IV.
I. States, acting in particular through the appropriate
international Ad regional organizations, shall establish and
adopt international standards for the prevention and control
of pollution of the marine environment from land-based sources.
2. States shall individually establish national regula-
tions for the prevention and control of such pollution.
3. Measures taken pursuant to this Article shall take
into account available scientific, evidence, other relevant
factors, the work of competent international bodies, and
international standards as may be elaborated within a regional
framework.
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Article V.
?
With respect to marine pollution arising in connection
with seabed activities and installations under the jurisdic-
tion of the coa.stl State pursuant to Chapter :
1. States, acting in particular through the competent
international organizations, shall establish, as soon os
possible, international regulations to prevent and control
pollution.
2. Coastal States may also establish additional or more
stringent regulations for this purpose, and may Cooperate
through regional arrangements in that regard.
3. Coastal States shall ensure compliance with the'
regulations established pursuant to this Article.
. .
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Article VII.
States, acting through the competent international
organization, %hall establish, as soon as possible and to
the extent that they are not already in existence, interna-
tional re(julations for the prevention of pollution from
vessels.
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Article VII. his
Coastal States may establish regulation's for vessels
within their territorial sea pertaining to the preservation
/
/,
of the marine environment /excef)t-i,n,strz-,is use'cl for-inter--
-
Tlati?OralinaC'ig,irion/:* Such regulations may relate only to
discharges from vessels and may not to the extent that they are
additional to or more stringent than internationally agreed
regulations, have the effect of requiring design, construction,
manning or equipment changes for foreign vesSels.
7?
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^
,
*Some delegations felt that,all questions regarding the rights
and obligations of States in respect of straits transit should
be negotiated in the Second Cbromittee.
v"
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Article Virf.
(Several co-sponsors believe that provisions should be
negotiated at the next session to deal with the particular
problems of vulnerable areas of the marine environment and
have proposed particular texts in this regard. However, since
this important concept has not been fully discussed, either in
the Committee or between delegations, it seemed premature to
include a specific treaty text in these Articles at this time.)
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Article TX.
1. States shall ensure compliance with international regulations for
the protection of the marine environment applicable in accordance
with the provisions of this Convention by vessels registered in
their territory or flying their flag. Flag States may apply regula-
tions additional to or more stringent than the international reg-
ulations to vessels registered-in their territory or flying their
flag.
2. Flag States shall provide in their legislation for effec-
tive enforeement,in respect of violations of such regulations,
irrespective of where the Violation may have occurred.
3. At the documented request of 8 State, the flag State
shall investigate any violation allegedly committed by its vessels.
When satisfied. that sufficient evidence is available to enable
proceedings to be brought in respect of thp alleged violation, the
flag State shall cause such proceedings to be taken as soon as
possible, in accordance with its law. The flag State shall
promptly inform the requesting State of the action taken.
4. Sanctions provided under flag State legislation shall be
adequate in severity to discourage violations, and shall be
equally severe irrespective of where the violation may have
occurred.
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Article X.
1. With respect to a vessel in one of its ports or offshore
terminals, a port State shall, upon receipt of information from
another State indicating that the vessel has violated the inter-
national standards within the previous /7ix months"-, undertake
an immediate and thorough investigation of the alleged violation.
The port State shall promptly inform the flag State, and the State
which provided information, of the results of the investigation.
a. in respect of violations of the international discharge
standards which occur beyond the area of coastal State enforce-
ment jurisdiction as defined in Article XI bis a port State may take
enforcement action, provided:
(a) that only monetary fines or penalties may be
imposed;
(b) that proceedings are commenced within r menths7
of the alleged violation;
(c) that whenever one port State has commenced such pro-
ceedings, no other action in respect of the same occurrence may be
taken except by the flag State;
/id) that the port State may not take proceedings except with
regard- to releasing the vessel under bond or other reasonable pro-
cedures, until months have elapsed from the date of its
report to the flag State; and that no further port State proceedings
may be taken if the flag State has commenced and does nbt discontinue
proceed ings .7
(e) that when a port State takes proCeedings it shall promptly
notify the flag State of the vessel and any State which has provided
information regarding the violation and shall, in due course,
forward the results;
/TO that the violation has caused damage to the port State
nr that a request 's rece'ved from the competent imternatIonal
organization
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Article X
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. In respect of violations of the international /or applicable
national/ discharge standards which occur within the area of coastal
tate enforcement jurisdiction as defined in Article XI bis, or
which cause damage to another coastal State, a port State may take
fmforcement action upon request of the coastal State. Such action
Mail be subject to the provisions of subparagraphs
and (e) of paragraph 2 of this erticle.7
4
(a), (b), (c),
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Article XI.
Coastal States may enforce regulations applicable in
accordance with this Chapter for vessels within their territo-
rial sea pertaining to the preservation of the marine environ-
ment /except in straits used for international navigation/.*
With respect to vessels in innocent passage, such enforcement
may relate only to discharge regulations and not to regulations
concerning design, construction, manning or equipment.
*Some delegations, felt that all questions regarding the rights
and obligations of States in respect of straits transit should
be negotiated in the Second Committee..
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ArtHclp XI. bis
a Lone off its coast beyond the territorial sea extend-
to a 7-,,IXIFIjM of miles from the baseline of the terri-
al sc, the coastal State nay /arrest the vessel and take pro-
the icilo4ing measures, using authorized vessels
?
ircraft ween it has reasonable grounds for believing that a
olJteu LhC internationally-agreed discharge regulations:
It may require the vessel to give information by rad-io
it", iL:entification, next ports of call, its,
intcrnationaiy-
.:ation, and other information directly related to
:ulujen.
,eees-?ary to obtn further information to confirm
:he violation, the coastal State may require the vessel to stop and
my board it tor purposes of inspection and investigation.
ihe coastal State may examine any internationally-required
certificates and records and, if necessary to confirm the violation,
may carry out a physical inspection with regard to the alleged
V iolation./
/Z. The coastal State shall inform the flag State, and may
inform one of the next ports of call of the vessel, of the results
of its inspection and investigation i-a-rid any proceedings taken.7 7-
R. The coastal State ray not take proceedings, except with
regard to releasing the vessel under bond or other reasonable pro-
cedures, until three months have elapsed from this date of its
report to the flag State, and no further coastal State proceedings
may be taken if the flag State has commenced and does not discontinue
proceed
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Article XII.
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/
1, A State shall not delay a foreign, vessel longer than is
essential for purposes of investigation and shall promptly release
the vessel' if-the investigation does-not: reveal a violation of
the applicable regulations. lf the-iTives-tThation reveals--a-possible-
viol at4o-n-ond? n orresr---has-t'a-ken- pfa-cepOdn-t
the State shall promptly release the vessel under bonding or other
reasonable procedures, except where such release would. present
on unreasonable threat of harm to the marine environment. That
State may, however, release the vessel .for the.purpose:roceeding
to the nearest appropriate repair yard available. -
///
\,
measw-exeding thOse-reasonably necessary in the ...Tight of'
or loss resol-t.i.nrg from inspection, inv.es-ttgation 6r? enforcement
2. A State shall-be required to pay compensation for damage
, . .?-
?
available information.*
3. In taking measures pursuant to these Articles, States
shall not endanger vessels or create hazards to the marine environment.
4. After taking measures pursuant to these Articles, a
State shall immediately inform the consul or diplomatic representative
of the flag State of the measures taken.
*The view was -also expressed that the dispute settlement procedures
of this Convention should inciude,a-r-i-ght.,fur-vessel owners to irt.i_te e
actions-for compensation
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(Article XI bis)
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4. The coastal State shall notify the flag State of any
proceedings taken and of their result.
5. No proceedings may be taken after /three years/ have
elaOsed from the date of the alleged violation.
6. No other State, except the flag State of the vessel,
may take proceedings with regard to the same occurrence if pro-
ceedings have been taken by a coastal State.
IT. Only monetary fines or penalties may be imposed by the
coastal State.!
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Article XII. bis
In the exercise of its rights and dutiet under these
Articles, a State shall not discriminate in form or in fact
against foreign vessels.
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Article XIII.
This Chapter'shall not apply to any warship, naval auxili-
ary or other ship or aircraft owned or operated by a State and
used, for the time being, only on government non-commercial
service. However, each State shall ensure by the adoption of
appropriate measures not impairing the operations or operational .
capabilities of such ships or aircraft owned or operated by it,
that such ships and aircraft act in a manner consistent, so far
as is reasonable and practicable, with this Chapter.
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Article XIV.
Any dispute.concerning the interpretation or application
of this Chapter shall be settled in accordance with Chapter
of this Convention.
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Committee III Documents L Series
A/CONF.62/C.3/1.-
7TGHANIS FAN
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PARAGUAY /9
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PHILIPPINES 6,
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SWITZERLAND
SYRIAN ARAB REP.
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