SECOND SESSION THIRD COMMITTEE PROVISIONAL SUMMARY RECORD OF THE NINTH MEETING HELD AT THE PARQUE CENTRAL, CARACAS, ON FRIDAY, 19 JULY 1974, AT 3.15 P.M.

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• Collection: General CIA Records
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• Publication Date: July 23, 1974
• Content Type: MIN

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UNITED NATIONS
THIRD CONFERENCE
ON THE LAW OPT HE SEA
Second Session
THIRD COMMITTEE
PROVISIONAL SUMMARY RECORD OF THE NINTH MEETING
Held at the Parque Central, Caracas,
on Friday, 19 July-1974, at 3.15 p.m.
Chairman : Mr. YANKOV
Rapporteur: Mr. HASSAN
PROVISIONAL
For participants only
A/CONF.62/C.3/SR..9
23 July 1974
ORIGINAL: ENGLISH
Bulgaria
Sudan
Statements on item 13 (scientific research) and item 14 (development and
transfer of technology) (continued)
Corrections to this record should be submitted in one of the four working languages
(English, French,. Russian ..or Spanish), preferably in the same language as the text to
which they refer. Corrections should be sent in quadruplicate within five working days
to the Chief, Documents Control, Room 9, Nivel Lecuna, Edificio Anauco, and also
incorporated in one copy of the record.
AS THIS RECORD WAS DISTRIBUTED ON 23 JULY 1974, THE TIME-LIMIT FOR CORRECTIONS WILL
BE 30 JULY 1974.
The co-operation of participants.in strictly observing this time-limit would be
greatly appreciated.
CONTENTS
C-5237
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PE.ge 2
STATEMENTS ON 1M'A 13 (SCIENTIFIC RESEARCH) AND ITEM 14 (DEUELO
TECHNOLOGY) ( )
AND TRANSFER OF
NIL- MOMTTAZ (Iran), whole recognizing the increasing importance of marine
scientific research and the need to facilitate the acquisition of knowledge in that
field, emphasized that the requirements of the developing countries must be taken into
consideration. Before embarkip3 on the preparation of a juridical regime governing
:3cientific research, the precise meaning and scope of that term should be defined. In
the view of his delegation, scientific research activities the results of which could
not immediately be used for economic or military purposes should be regarded as pure
scientific research.
In the national sea and exclusive economic zone, the conduct of scientific research
should be subject to the prior consent of the coastal State, on the lines of the
provisions of the Geneva Convention on the Continental Shelf. In the zone under national
jurisdiction it shcull be compatible with the research programmes of the coastal State,
scientific personnel from that State should participate in the research activities and
the results should be placed at the disposal of the coastal State, together with all
information necessary for the utilization of such data.
In the international zone, the proposed international authority would be responsible
for safeguarding the interests of the international community as a whole. Scientific
research in that area vould be subject to the consent of the authority, which could also
engage in scientific research on its own. In that connexion, the technologically
advanced countries should be invited to put their know-how and equipment at the disposal
of the authority.
Referring to the transfer of technology, he said that technology should cease to
be the monopoly of certain States and that all countries should participate on an
equal footing in the exploitation of what was termed "the common heritage of mankind".
The transfer of technology could be carried out through the authority, in collaboration
with the International Hydrographic Bureau and the Intergovernmental Oceanographic
Commission on the lines of the work already carried out in that field by the Fisheries
priors.
In conclusion, he said that only the bask principles relating to the two items under
.:;nsideration should be incorporated in the convention, and the detailed regulations
s'-.ould be left to more specialized bodies.
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Mr. HERNANDEZ DE AI AS (Cuba) referred to the importance of the sea in the
political and economic history of his country. With the help of friendly States, Cuba
had recently begun to develop scientific research, which it recognized as a prerequisite
to the rational and intensive exploitation of the resources of the ocean.
His country supported freedom of scientific research in the international zone
beyond the limits of national jurisdiction and felt that if the concept of the common
herit.ge of mankind was to have any meaning, the results of such research should be
freely available to all countries. Furthermore, anti-pollution regulations and the
rules of international law should be observed.
With regard to the zone in which the coastal State exercised sovereignty over the
renewable and non-renewable resources of the sea-bed and ocean floor and the subsoil
thereof and the superjacent waters, his delegation felt that the coastal State had a
right and a duty to control scientific research in the area adjacent to its coast up
to a limit of 12 miles. The coastal State should also authorize scientific research,
without discrimination, in the remainder of that zone up to a distance of 200 miles,
provided that the State or organization carrying out the research complied with the
following requirements: (1) prior communication to the coastal State of the purposes of
the research; (2) participation by the coastal State in the research; (3) immediate
availability of data obtained to the coastal State; (4) observation of anti-pollution
regulations and the other rules of international law.
With regard to scientific research in the zone under the national jurisdiction of
a coastal State, his delegation emphasized that matters relating to enclosed or
semi-enclosed seas and straits with opposite or adjacent coasts encircling large
expanses of sea should be covered by the convention and that, provided it complied
with the aforementioned requirements, freedom of scientific research should be
guaranteed, without discrimination and independently of any common economic'zones
which might beset up as a result of regional or subregional agreements or any areas
allocated to-coastal States for the purpose of exploiting the subsoil. However, he
commended 'efforts to establish regional research institutions and welcomed the
establishment of a Marine Affairs Institute by the Government of Trinidad and Tobago.
His delegation shared the view that all countries had the right of access to the
data obtained through scientific research. However, in the case of the developing
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(Mr. Hernandez de Armas, Cuba)
countries in particular, that right would have no substance unless it was accompanied
by regulations governing the transfer of technology, the training of specialists and
scientists from those countries, and the development of research facilities to analyse
and utilize such data in the national interest. The proposed international authority
should be responsible for promoting and controlling training programmes for specialists
and scientists, the expansion and development of research facilities, and also the
transfer of technology to the developing countries on a non-commercial basis. In that
connexion, his delegation supported the proposals by the representative of Argentina
in plenary meeting. The demands of the developing countries for the transfer of
technology on non-commercial terms were justified since the wealth and the technological
superiority of many developed countries derived in part from imperialist, colonialist
and neo-colonialist policies of exploitation of the developing countries.
Mr. YTURRIAGA BARBERAN (Spain) said that the Conference had the urgent task of
preparing basic regulations governing scientific research which could subsequently
be elaborated by specialized international organizations. The concept of unrestricted
freedom of research was no longer acceptable. It was necessary to regulate scientific
research in order to ensure that it benefited mankind as a whole and in order to achieve
an equitable balance between the interests of the State carrying out the research and
the basic economic and research requirements of the coastal State.
The questions to be decided were the definition of what constituted research, where
and how it was carried out, and for what purposes. Regarding the definition of research,
it was necessary to distinguish between scientific research and research for commercial
purposes. As to where and how research was to be carried out, he recognized that
scientists had a legitimate right to engage in marine scientific research. However,
such activities should not be prejudicial to the interests of the coastal State or to
its exploitation of its own resources. He supported the proposal by the representative
of Mexico that future international legislation should guarantee the sovereign rights of
coastal States, genuine participation by the coastal States in the research, and the
dissemination of the results of that research. Under those conditions, States should
co-operate in research activities especially when the research was carried out by
international organizations. In the view of his delegation, the right of a coastal
State to regulate the passage of ships engaged in scientific research through its
territorial waters should be established in international law. In that connexion, he
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(Mr. Yturriaga Barberan, Spain)
referred to the proposal submitted by his delegation and others to Sub-Committee II
of the Sea-bed Committee in 1972 (documents A/AC.138/SC II/L 16 and L.42).. He shared
the view expressed by the representative of Mexico at the previous meeting with regard
to the control to be exercised by the coastal States over satellites. The data
obtained from scientific research should be`msde available in raw and, processed form
and subsequently published in order to benefit mankind as a whole. Draft articles
governing the conduct of scientific research should be based on the principles of
peaceful purposes, the equality of States, prior consent of the coastal State for
scientific research activities in areas under its jurisdiction and international
co-operation among States in the international zone to be administered by the competent
international organization. His delegation supported the views expressed concerning
regulations to govern the transfer of technology from the developed to the developing
countries, and it trusteed that the present Conference would formulate concrete proposals
on that subject. There were juridical and financial problems but the matter could
be resolved given a spirit of co-operation. He considered that the international
organizations could play an important role in chandelling technology by various means to
the developing countries,. thereby ensuring genuine participation by all States in the
development of scientific research.
Miss AGUTA (Nigeria) said that in the general debate in Sub-Committee III of
the Sea-Bed Committee in 1973, fundamental or pure scientific research had been defined
as "a systematic study, investigation or experimental work to acquire knowledge of the
natural processes and phenomena occurring in ocean space". The Sea-Bed Committee had
been given the task of formulating regulations to protect the legitimate rights and
interests in the oceans of mankind. as a whole and of individual States. The position of
her delegation on marine scientific research had already been stated in plenary
meeting.
With regard to the transfer of technology, her delegation felt that the most
effective means of transfer was by training and education. She suggested three methods
of achieving that objective: firstly, the establishment of well-equipped regional or
subregional marine scientific research centres in developing countries,'possibly through
a special agency under the international sea--bed authority; secondly, tying. access by
developed countries to living resources in the economic zones of developing countries to
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(Aliss Aguta, Nigeria)
the training of nationals of those countries in fisheries science, on the basis of
equitable bilateral arrangements; thirdly, ensuring that licensing contracts for
exploration and exploitation in the international area contained provisions for
the training of nationals from developing countries in oceanography, deep-sea mining
technology and data analysis and interpretation. Blueprints and patents for the
construction of plant and machinery should be made available to developing countries
on reasonable terms. In the view of her delegation, the transfer of technology should
be a contractual as well as a moral obligation. Assistance should be in the form of
trade not charity, in order to give that sense of interdependence which was essential
for rapid and sound progress, to the ultimate benefit of both the developed and the
developing countries and for the common good of mankind. Such a course of action would
prevent domination and exploitation by the developed countries and give the developing
countries a sense of security and equality and of being heirs to a common heritage.
Miss 11ICH (Austria) said that it was often difficult to distinguish between
fundamental research and scientific activities for profit. Over the past decades,
there had been increased international co-operation in the field of oceanographic
research. Part of the information acquired through such research would undoubtedly
become economically significant, and provisions should be made to ensure that that
knowledge was applied for the benefit of mankind as a whole. In the territorial sea,
all marine scientific research should obviously be subject to the consent of the
coastal State. Outside the territorial sea, marine scientific research should in
principle be unrestricted and open to all interested countries, including land-locked
countries, subject to generally agreed provisions. The coastal State should be given
prior notice of research programmes, an opportunity to participate in them and access to
all data. She trusted that all countries were aware of the importance of basic
non-commercial research, and realized that undue interference with it would be
detrimental to the international community.
In the area under its jurisdiction, the international authority should be
responsible for the formulation and co-ordination of global scientific programmes,
promoting training facilities for scientists from developing and land-locked countries
and ensuring their participation in international research projects and the publication
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(Miss Enrich, Austria)
and dissemination of the data obtained.. On the recommendation of member States, the
international authority should also be able to undertake scientific research on its own
account.
With regard to the. transfer of technology, she emphasized the great interest of
land-locked countries in
_general, and Austria in particular, in training and education
with the view to enlarging their expertise in marine scientific research. Land-locked
States required adequate information on the exploitation of marine resources, the uses of
ocean space and trends in marine affairs as a prerequisite for any decision-making
in connexion with their participation in the common heritage of mankind.
Mr. BOHTE (Yugoslavia) said that unrestricted freedom of research was no
longer acceptable. Freedom of scientific research had not been mentioned among the
four explicitly formulated freedoms of the high seas and the time had come for the
formulation of special regulations freed from traditional and outdated patrimonial
legal concepts which would contribute to the establishment of a modern international
regime. In the case of exploration and exploitation. of the resources of the
international sea-bed area, such a regime should be based on the principles of common
ownership, common management and equitable sharing of benefits. In that connexion,
he referred to the proposals submitted by his country to Sub-Committee III of the Sea-Bed
Committee (document A/AC.138/SC.III/L.55). In the international sea-bed area, a logical
consequence of the application of the principle of the common heritage of mankind was
that marine scientific research activities should be incorporated in the international
regime of the sea-bed and regulatory powers given to the international authority.
Within the area under national jurisdiction, scientific research activities should be
subject to the express consent of the-coastal State.
His delegation attached great importance to the question of the transfer of
technology. It had already stated its views on the matter in plenary meeting. He
looked forward to the appearance of the study on the transfer of technology being
prepared'by the Secretariat. His delegation seconded the proposal by the representative
of Peru that the Committee should hear a siatement from the representative of UNCTAD
on that subject.
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Mr. KOVALEV (Union of Soviet Socialist Republics) said that his delegation's
views on the freedom of scientific research in the world ocean were contained in
document A/AC.138/SC.III/L.31. The position taken by some delegations that the freedom
of scientific research was not one of the recognized freedoms of the high seas was not
supported by current law or usage. Although freedom of scientific research was not
specifically included in the freedoms of the high seas mentioned in article 2 of the
1958 Geneva Convention on the High Seas, that article stated that the freedom of the
high seas comprised, inter alia., four freedoms, and that all States should exercise
those freedoms ' and others recognized by the general principles of international law.
The International Law Commission, which had prepared the draft convention, had noted in
its commentary on article 2 that the list of freedoms was not exhaustive and that the
high seas could be used for other purposes provided that they did not interfere with
other uses of the high seas by other States, and it had specifically mentioned the freedom
of scientific research. The Convention stated in its preamble that its provisions were
generally declaratory of established principles of international law. Usage also
supported the idea of freedom of scientific research in the world ocean.
Marine scientific research had led to many great scientific discoveries which had
increased man's knowledge of his planet, the role of the seas and the potential and
actual resources of the sea that could be used to raise the standard of living of
peoples, particularly in developing countries. The importance of scientific research
was demonstrated by a current experiment, TFJPEX-74, a joint venture by 35 countries in
Africa, Europe and Latin America, to provide long-term weather forecasts. The
importance of scientific research was appreciated by all delegations, even those that
felt there should not be complete freedom of scientific research, those delegations
should realize that experiments might be hampered in future if there was any restriction
on the freedom of scientific research, and that that would be prejudicial to the
interests of all countries, large and small.
Regulation of scientific research, either by the coastal State or by international
machinery, would also open the path to restrictions on research. The authorities
responsible for regulating research would inevitably have to consider the potential
usefulness of the proposed experiment and ensure that the expenditure involved would
not be too burdensome. But it was extremely difficult, even impossible, for scientists
T
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(Mr. Kovalev, USSR)
to say in advance what their experiments could lead to. He stressed the danger of
giving bureaucrats, even bureaucrats who were themselves scientists, the right to
restrict or regulate scientific research and close off any seemingly fruitless. avenues
of research. The inevitable legal consequence of abandoning the concept of the freedom
of scientific research and replacing it by a regime governing such research would be
attempts-to restrict or even prohibit research in the international area of the sea-bed
and in the high seas, including the continental shelf.
Turning to the question of research in coastal waters under national jurisdiction,
he recalled that Mr. Strong, Executive Director of the United Nations Environment
Programme, had said that several important international research projects on pollution
could be successful only if carried out in coastal waters. Although it might be said
that all States would be willing to co-operate in such research, there should be a
firm legal basis for it. Restrictions on research not related to exploration or
exploitation of resources in the extensive economic zones, would, in the view of his
delegation, have very grave consequences, particularly for future generations..
Recalling the statement made by his delegation at the plenary meeting-on 28 June,
he reiterated. his delegation's position that agreement on the most important aspects of
the law of the sea, including scientific research, should include provisions recognizing
the right of coastal States to establish economic zones extending for 200 miles and to
exploit all living and mineral resources in their zones. That approach provided a basis
for business-like negotiation to seek acceptable solutions. The basis for negotiation
in the Third Committee should be the freedom of scientific research in the world ocean,
including the economic zone, which was not related to exploration and exploitation of
its living and mineral resources. Unfortunately, some delegations would not accept that
approach, and advocated the right of coastal States to authorize or reject applications
for any research in the economic zone, and the right of the international sea-bed
authority to do the same in the rest of the ocean space. His delegation was willing to
take account of the desires and aspirations of all countries, and particularly those of
the developing countries. If agreement was reached on the freedom of scientific
research, any effort to strengthen the provisions of the convention on co-operation to
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(Mr. Kovale-, USSR )
increase the research capacity of developing countries through participation by their
nationals in marine research, training for their nationals, transfer of the results of
scientific research and transfer of technological and scientific know-how, would meet
with understanding from his delegation. The Soviet Union was willing to co-operate in
multilateral programmes for the development and exploitation of the resources of the
sea-bed. The positions and interests of all should, however, betaken fully into
account if the Conference was to achieve its objective. He expressed his conviction
that the spirit of realism and of sobriety and the desire to search for constructive
solutions would prevail in the work of the Committee.
Mr. MOTE (Kenya) said that all previous attempts to define marine scientific
research had been unsatisfactory, and were not necessary for the purpose of the
Committee's work since there was no clear-cut boundary between fundamental and applied
research, or between research for peaceful and non-peaceful purposes. It would therefore
be beat not to waste any time trying to define scientific research, v:*hich Kenya took to
mean any investigation or activity carried out anywhere for the purpose of acquiring
knowledge pertaining to the marine environment, including its resources.
The vital importance of marine scientific research did not in any way place marine
scientists above the law. On the contrary, it required the close integration,
co-ordination and supervision of those activities with a view to avoiding waste and
duplication of energy, resources, and time.
The so-called freedom of scientific research did not and should not exist in the
areas under national jurisdiction, and it was only assumed to exist in the high seas
simply because, for the time being, no one was responsible for that area. It was not
one of the freedoms explicitly recognized by the existing international law of the sea.
In view of that fact, the most important assiLgiment of the Conference was to formulate
a convention which, on the one hand, recognized the importance of marine scientific
research to development and, on the other hand, the need for those carrying out marine
scientific research to co-ordinate their activities and to respect and adhere to the
laws and regulations of the coastal State or of the appropriate international
authorities.
It was the duty and responsibility of coastal States to promote ant co-ordinate
scientific research in the areas under their national jurisdiction, as it was the duty
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(1.1r. Mbote,Kenya)
and responsibility of the proposed international authority to do the same for the areas
beyond. the limits of national jurisdiction. Neither the coastal State nor the
international authority could satisfactorily.discharge those duties and responsibilities
unless given full powers to control and direct marine scientific research in their
respective areas. Thus, scientific research in?any area was subject to. the prior
consent of the coastal State or of the appropriate international authority. The coastal
State should be prepared to give prompt consent to individuals or organizations wishing
to carry out marine scientific research within the areas under its national jurisdiction
provided that: (1) the researchers submitted detailed proposals outlining the projects
its cbjectives and its modalities; (2) provision was made for the participation of
nationals of the coastal State if they so wished in the planning and execution of the
project; .(3) the researcher communicated the findings of the research to the coastal
State for publication either by the coastal. State alone or in co--operation with the
researchers; (4) the researcher undertook to comply with coastal State regulations
concerning the protection of the marine environment; (5) the researcher undertook to
respect the other legitimate uses of the sea. In the areas beyond the limits of national
Jurisdiction, similar conditions should be enforced by the appropriate international
authority.
With regard to the transfer of technology, the Kenyan delegation believed that the
transfer of technology was not merely the transfer of equipment from one country to
ane.:rther, but rather of capabilities from nationals of one country to nationals of another
aimed at making the recipient country capable of manufacturing similar or different
equipment and of carrying out scientific research and managing its resources
independently.
More emphasis should be placed on the training of personnel, particularly in
developing countries, through the establishment of technical institutions and
manufacturing industries. The appropriate United. Nations bodies should be invited to
promote such projects. Failing such action, developing countries could not be expected
to discharge satisfactorily their duties and obligations in respect to the management,
development and conservation of marine resources; consequently they would not be able
to enjoy the benefits of those resources.
( I. ". .
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(Mr. Mbote, Kenya)
Despite the apparent acceptance of the sovereign rights of coastal States over the
resources within the limits of their national jurisdiction, some delegations had imposed
certain restrictions on those rights which amounted to a denial of the coastal State's
right to take appropriate measures to promote scientific research beneficial to its
needs and to prevent marine pollution. No State, however, could claim to have
sovereignty over any living resources unless it possessed effective powers with regard
to those two activities. Should those powers be denied, the concept of the economic
zone or patrimonial sea, which had received wide acceptance, would be rendered empty and
meaningless. Kenya hoped that such was not the intention of those who opposed the
coastal-zone approach to the problems of scientific research and the prevention and
control of marine pollution.
Mr, AL-WED (Iraq) said that while differing views had been expressed within
working group 3 of Sub-Committee III of the Sea-Bed Committee as to the approach which
should be taken with regard to scientific research, an objective and co-operative
research policy respecting the rights and interests of all States could reconcile those
conflicting views.
In areas under the jurisdiction of the coastal State, namely, the territorial sea,
the continental shelf and the subsoil thereof and zones of specific economic
jurisdiction like fisning zones or the patrimonial sea, scientific research was the
concern of the coastal State itself and could be carried out by other States only with
the consent of the former. In areas beyond national jurisdiction, scientific research
on marine living resources should be conducted by the specialized agencies such as FAO
and UNESCO, with the co-operation and participation of the coastal States and land-locked
countries in the proximity. As to the minerals of the sea-bed and the subsoil thereof,
research could be conducted by the international authority in accordance with the terms
of General Assembly resolution 27$9 (Xxv) of 1970. Concerted nro.granm-es of international
marine scientific research should be worked out jointly between the international
organizations and the States concerned.
The participation of developing countries in scientific research projects should be
facilitated and encouraged because of the close natural relationship between the
national and international areas. The results of international research should be
regarded as part of the common heritage of mankind.
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(Mr. A1-Hamed, Iraq)
In areas where there were special circumstances, such as semi-closed seas,
scientific-research beyond the limits of the territorial sea should be conducted by
all the coastal States through regional arrangements, and with assistance from the
specialized agencies and the technologically advanced countries. Such assistance
might consist of financial contributions or the training of personnel.
In view of the complicated and costly nature of the application of technology to
the exploration and exploitation of marine resources, it was desirable for a number of
States to pool their efforts and capabilities on a regional basis and to seek the
assistance of internationalorganizations in obtaining the advanced technology they
needed. As the developing countries were well aware, scientific research and
technological know-how were the basic elements of economic prosperity.
Mr. HAKAPAA (Finland) emphasized the close connexion between scientific
research and several other topics being considered by the Conference, in particular
the preservation of the marine environment and the exploration and exploitation of
the sea-bed and its subsoil, which were being considered by the First and the Second
Committees. Continuous co-ordination of all questions related to scientific research
being considered by the different committees was therefore imperative.
With regard to the form of the future convention, the Finnish delegation believed
that the general provisions concerning scientific research should be placed in a
separate chapter, while certain special provisions relating to scientific research
should be inserted in various parts of the treaty according to their special
characteristics.
The distinction drawn by the Finnish representative in the Sea-Bed Committee in
March 1970 between fundamental marine scientific research and research aimed at the
exploitation of marine resources was, in spite of certain difficulties of interpretation,
useful for defining the rights of foreign researchers within the economic zone of a
coastal State or on its continental shelf.
Scientific research in the international sea-bed should be considered in the
context of the principle of the freedom of the high seas. It would not be beneficial'
to the common interests of nations to restrict that freedom to any considerable extent.
Any research carried out in that area should, however, be in accordance with the
General Assembly's Declaration of Principles governing the sea-bed and ocean floor.
The international sea-bed authority should be informed in advance of all research
projects to be taken in that area and should possess a certain amount'of power to
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ensure that research activities-were-carried out in the epirit of the Declaration
of i-~-irciples.
The Finnish delegation attached special importance to the principle of that
Declaration according to which States should promote international co-operation in
scientific research exclusively for peaceful purposes by co-operating in "measures to
strengthen research capabilities of developing countries, including the participation
of their nationals and research programmes"- The efficient transfer of technology was
one of the basic means for bringing about a just distribution of the benefits derived
from the world's oceans.
Ir. NErDLEI (Canada) said that the proper management of the marine
environment and its resources depended upon knowledge of the sea. However,
intellectual curiosity was also a basic human drive, and there was no greater
oppression than that which stifled the spirit of an inquiry. The fundamental objective
of the Canadian delegation was to ensure the adoption of provisions promoting the
development, dissemination and application of scientific knowledge of the marine
environment and facilitating the conduct of scientific research for those purposes.
A number of realities had to be taken into account in developing a sound r6gime
for marine scientific research. It was difficult, if not impossible, to distinguish
between pure research and research for economic or military purposes. The results of
many research programmes were all too often not shared with or made available to the
States in whose coastal waters the research had been carried out. Only a few
countries had significant marine scientific research capacity. Many countries had not
reached a stage of :development where they could make full use of such results as were
made available to them by other countries or outside agencies. The mere affirmation
of the freedom of scientific research did not take those realities into account, since
it ignored abuses of that freedom and did not provide for the legitimate interests of
coastal States in activities adjacent to their shores. A means for remedying those
shortcomings was provided by the concept of management of the marine environment and
its resources which had been unanimously endorsed by the Stockholm Conference on the
Human Environment. That concept underlay Canada's approach to the law of the sea and
was inherent in the concept of the economic zone or patrimonial sea and the common
heritage of mankind.
The coastal State must necessarily have the authority to manage and control the
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(Mr. Needler, Canada)
resources of its economic zone or patrimonial sea so as to protect fully its. economic
and security interests. The sovereign jurisdiction of the coastal State over research
in its internal and territorial waters and on its continental shelf, already
recognized under existing international law, had to be maintained, and complemented so
that any research within the economic zone or patrimonial sea not covered by existing
law could be undertaken only with the approval of the coastal State..'Appropriate
criteria for facilitating such approval should be established with due regard to the
rights and interests of the coastal State. Thor research in areas outside national
jurisdiction, some system of notification and registration of research programmes with
an appropriate international body such as the Intergovernmental Oceanographic,
Commission or the interrational sea-bed authority was necessary.
`.i'he concept of prcper management of marine resources did not rule out international
co-operation in marine scientific research, and the Conference should establish certain
basic principles in that realm. Marine scientific research should be promoted in
general, while States should be encouraged to co-operate with each other and with
appropriate international organizations in reaching agreements for the facilitation of
such research. Bilateral, regional or global agreements on the exchange of knowledge,
information and technology should be promoted or strengthened.
The strengthening of the research capabilities of developing countries and the
transfer of technology to them was necessary if the developing countries were to
benefit from the resources of the economic zone or patrimonial sea and if they were to
live up to their responsibilities with regard to the management of marine resources.
For such countries, resource development took precedence over scientific development,
and, to a certain extent, they had to rely upon scientific research carried out by
others. Within areas under their jurisdiction, however, the developing countries
.wanted to have some voice in setting the priorities for such research, and to
participate not only in the execution of scientific ventures by outside agencies, but
also in the planning and follow-up of those ventures so as to obtain training for their
technical and scientific personnel and strengthen their research capabilities.
The transfer of'technology should apply to the whole range of uses of the sea,
including the exploration and exploitation of sea-bed resources, the utilization and
conservation of fisheries, and the prevention and control of marine pollution.
Mr. POJNI (Albania) said that his delegation supported the right of the.
coastal States themselves to define the width of their territorial waters and
/...
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(Mr. Po.ini, Albania)
patrimonial sea and to exercise full national jurisdiction over those areas. It
followed from that basic stand that scientific research in the areas under national
jurisdiction was subject to the control of the coastal State.
Under the banner of the freedom of scientific research, the two super-Powers were
trying to secure for themselves the freedom to send spy ships to all parts of the world,
to conduct 'research on how they could more easily threaten the freedom and
independence of other countries and to seize their fish and mineral resources more
effectively.
The imperialist Powers which had a monopoly in scientific research had harnessed
science in the service of their goals of domination. They feared that the
establishment of adequate rules Which respected the sovereignty and national
jurisdiction of coastal Statec might hinder scientific research, and they argued that
such rules might even be detrimental to developing countries. What was really
hindered and threatened by the establishment of appropriate rules was their own policy
of aggression and maritime plunder. In opposition to that policy, the coastal States
were demanding the establishment of a new law of the sea that would include rules for
the conduct of scientific research by methods guaranteeing their political and
economic independence. While the developing countries were in need of maritime
scientific research and technology, they would not allow themselves to be tricked
into purchasing science from the super-Powers at such high prices as to jeopardize
their political and economic independence. Developing countries should strengthen
their co-operation in the field of maritime research with all other peace-loving
countries on the basis of equality, reciprocity and non-interference in the internal
affairs of other States.
The conduct of scientific research in areas under national jurisdiction should
be subject to the prior consent of the coastal State that had the right to control
such research and to establish such rules and take such measures as it deemed
necessary whenever such research prejudiced its national interests. The coastal State
had the right to participate directly in such research and to receive all the data
obtained, the publication or communication of which should be subject to the coastal
State's consent.
Scientific research in the area beyond national jurisdiction should not be a
monopoly of the imperialist Powers and industrially developed countries but should be
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(Mr. Poini, Albania)
carried out according to the appropriate rules that were to be established for the
benefit of mankind as a whole.
Mr. GBILIMI (Guinea) said that his delegation was in favour of scientific
research for peaceful purposes as a necessary tool for the exploration and
exploitation of marine resources in the common heritage of mankind for the well-being
of the international community in general and that of the developing countries in
particular. A great many practical questions such as the control of pollution, the
selection of fishing grounds, the exploitation of mineral resources depended upon
progress in the ocean sciences.
No international organization or physical or juridical person should undertake
research within the limits of national jurisdiction without the prior consent of the
coastal State. The coastal State should-also have the right to participate on an
equal footing at all stages of the research project. Those intending to carry out
scientific research in the territorial waters of a State should also be required to
submit well in advance the goals and the.object of the research, the nature of the
equipment'to be used, the number of persons to be.involved, the areas in which those
activities would be carried out and the proposed period for such research. Coastal
States should have the right to visit and check the installations before the
beginning of operations and should be-able to maintain observers on the research site.
Research projects to be carried out within the limits of national jurisdiction should
be devised in keeping with the scientific priorities of the coastal State involved,
and consultation with the latter should be obligatory.
It was a well-known fact that many documents relating to scientific research`
carried out during-the colonial period were missing from certain developing countries
while they lay in the archives of the former colonial Powers, often completely
forgotten.
To put an end to such forms of dependence, research findings, including basic
data, samples, and written reports, should be communicated to the coastal States as
the work progressed. The publication of certain research findings obtained within the
limits of national jurisdiction should be subject to the prior consent of the coastal
State.
Some international machinery possessing adequate authority should be able to
regulate wisely the scientific research carried out in the area beyond the limits of
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(Mr. Gbilimi, Guinea)
national jurisdicticn and to communicate the findings to the entire international
community.
Assistance from the technologically developed countries and the specialized
international agencies could be channelled by means of bilateral agreements into the
establishment of scientific centres, the financing of research projects, and the local
training of personnel in the developing countries themselves. Such local training
would have the double advantage of preparing large numbers of researchers and enabling
them to adapt their knowledge to the specific realities of their countries.
Nevertheless, all efforts to date had failed to reduce the ever widening gap between
the developed countries and the so-called developing countries. The progressive
deteriuration in the terms of trade of the developing countries was due to a lack of
equality in the relations between them and the developed countries. And there was
the danger that the transfer of technoloU under existing conditions would result in
what might be termed a "deterioration in their terms of transfer'".
The international machinery that was going to be set up would have to reduce the
economic and technological Cap between certain States and others. With regard to
international co-operation, the Guinean delegation sought to promote an international
co-operation in which there was no deviousness or guile, and no question of begging
on the part of the recipient countries.
Mr. JPII (India) said that marine scientific research called for a multi-
disciplinary, co-ordinated and co-operative effort on a global scale. The Committee,
entrusted with the t-sk of working out the legal framework within which such research
could be carried out in an orderly and efficient manner, must balance the importance
of scientific research against other relevant factors such as national security, the
need for effective exploitation of resources of the zone under national jurisdiction,
and the responsibility of the international sea-bed authority.
Scientific research and transfer of technolorr covered exploration and
exploitation of non-living resources of the sea-bed and ocean floor and subsoil
thereof- exploration, exploitation, conservation and management of the living
resources of the sea; preservation of the marine environment and the monitoring,
control and prevention of marine pollution- acquisition, processing and interpretation
of geological, geophysical, and geochemical data concerning the sea-bed and ocean
floor and subsoil thereof; acquisition, processing and interpretation of oceanographic
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(Mr. Jain, India)
data in the marine environment; and the acquisitioft of general knowledge of the seas
and oceans.
His delegation supported.co-operation in marine scientific-research with all
other States and international agencies and organizations, and the free exchange of
personnel, technology, equipment, training and other facilities. Due consideration
should, however, be given to legitimate national interests. Research in the economic
zone and territorial waters of a coastal State should be undertaken either by the
coastal State itself or with the prior express consent of the coastal State. Information
should be provided to the coastal State in an application for research, experts-and
vessels of the coastal State should be entitled to participate in research, the coastal
State should be furnished raw data and samples as well as the analyses and results of
such data and samples, and, publication of data should be with the express consent of
the coastal State concerned. The research agency should comply with the regulations of
the coastal State concerning resource management, health, environmental protection and
security. Where such regulations were disregarded, the coastal Stateeshould have the
right to terminate the research activities and take any other steps it-.considered
necessary in accordance with its laws. The coastal State should also be able to reserve
certain specific areas of its zone exclusively for research by its own agencies and
vessels. Any disputes over marine scientific research in the economic zone of a coastal
State should be settled in the judicial tribunal of, and in accordance with the law of,
that State. .
Turning to the question of marine research in the international sea-bed area, he
said that the international sea-bect. authority should be given the necessary powers to
regulate research. He urged the.. advocates of absolute freedom of scientific research to
take account of the basic difficulty of drawing. a line between scientific research as
such, and activities which affected security, protection of the environment and
exploration and exploitation of resources. The authority should be empowered to regulate
scientific research so that it could properly discharge its responsibilities and
obligations. Scientific research in the waters_superjacent to the sea-bed and ocean
floor of the international area and the air space above should be free,, subject only to'
provisions relating to the protection of the marine environment., and freedom of navigation
and so forth. Activities in the seas would be increasing in future,.and that would
naturally impose certain restrictions., He stressed that marine scientific research
should not form the legal basis for any claim to the area where the research was
conducted or to its resources.
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(i'u. Jain, lildia)
Turning, to the question of the transfer of technology, he said that it was a
matter of concern !'pr all because technology had to be developed continuously through
joint efforts. In the case of the developing countries, it was of vital interest and
unless active and effective measures were taken to transfer to those countries the
technology currently in the possession of a few advanced countries, the vast resources
of the sea would not be accessible to them. He urged the developed countries which
attached great significance to the need for free scientific research to appreciate that
the best way to establish a climate of co-operation and trust was to share freely their
technology with the developing countries. The legal powers of regulation and control
which his delegation advocated for the coastal State would probably provide for very
free scientific research, once trust was established through the sincere efforts of the
developed nations to transfer their technology to the developing nations. The
international sea-bed authority should act as a general reservoir to which all nations
should contribute their technology and from which all nations could draw. The questions
of particular significance in that context were training of personnel, supply of
necessary scientific and other equipment, financial assistance to developing countries,
promotion of bilateral as well as multilateral agreements between States and the
competent organizations concerned for the transfer of technology and establishment of
permanent institutions to ensure regular and systematic transfer of technology and its
dissemination.
Mr. RUHAI4 (Libyan Arab Republic) said that scientific research in the area
under national jurisdiction was subject to the approval of the coastal State. Only
those States whose existence was sanctioned by the rules of international law could be
considered to be legitimate coastal States. States or international agencies wishing
to conduct scientific research activities in areas under national jurisdiction should
be required to submit in advance a request specifying the objectives of the proposed
research, the scientific team to carry it out, the means to be enployed, the areas
involved., and the period of the research. The coastal State had the right to
participate on an equal footing in those research activities. Publication of results
should be subject to the prior consent of the coastal State. Scientific research
activities should not produce any harm to the renewable or non-renewable resources.
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(Mr. Ruhaim, Libyan Arab Republic)
With regard to research in the international area, it was necessary to establish
a new international r6gime to carry out s?"ch activities, and to establish rules and
regulations governing such activities. The results of those research activities must
benefit all States without discrimination.
With regard to the transfer of technology, a small number of States should not
have a monopoly of such technology which should not be kept secret but should be
transferred to the developing countries by UNESCO and other international agencies.
Technical and scientific training programmes for personnel from developing countries
should be set up under the supervision of the proposed international authority.
Developing countries ought to be kept regularly informed about the newest advances
in technology.
Mr. BAYONNE (Congo) said that. scientific. research and. the transfer of
technology. could held, to.establish more.equitable economic relations between developed
and developing countries. Ile. rejected any definition of scientific research which
helped to maintain the gap between the developed and developing countries. To ensure
that scientific research.wa.o ca,:rricd.outfor the good of mankind, the following rules
should be observed: the coastal State should have a sovereign right to regulate
scientific research in its 200-mile zone;.seientific research in that zone could be
carried out-only with the prior consent of the coastal State concerned; the coastal
State should be entitled to partici.pace in that scientific research and to be informed
of the details of the research programme and its results; the results of the research
should be published in.. and with the permission of, the coastal State; research should
not pollute the marine environment, and research agencies should comply with the
national and international regulations on the protection of the marine environment
against pollution. Co-operation, in scientific research should also be encouraged
with a view to increasing the research. capacity of the developing countries by
strengthening existing research centres and institutes in the developing countries,
establishing new centres to meet the real needs of the geographical areas concerned,
which Could be financed on a regional basis,and providing training for scientific
personnel in the developing countries to enable them to utilize the scientific
knowledge they. acquired through.research. That would help to reduce the gap between
the developed and developing countries in marine technology.
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(Mr. Bayonne,_Congo )
One aspect of scientific research was that related to pollution of the marine
environment. As the developed countries were responsible for much of the pollution,
their know-how and patents should be used to control pollution and should be accessible
to the developing countries.
Scientific research in the area beyond national jurisdiction should, in the view
of his delegation, also be regulated effectively under the international machinery.
Mr. ODA (Japan) rejected the view that scientific research had never been
considered one of the freedoms of the high seas. The International Law Commission had
explicitly stated that, although only four freedoms - freedom of navigation, freedom
of fishing, freedom of laying submarine cables and pipelines, and freedom of flying
over the high seas - were mentioned in the 1958 Convention on the High Seas, there were
other freedoms, including the freedom to conduct scientific research on the high seas.
At the 1958 Conference, one delegation hf:d submitted a proposal (A/CCCF.13/C.2/L.7)
listing five freedoms of the high seas, including the freedom to undertake research,
experiments and exploitation; the fact that that proposal had not been adopted did not
mean that the idea of the freedom of marine scientific research had been rejected. The
list of freedoms of the high seas in the Convention of the High Seas was not exhaustive,
and there was therefore no legal barrier to the freedom of scientific research on the
high seas. He maintained that scientific research, at least in the international area,
was and should remain open to all without discrimination and without interference by
any State.
He fully supported proposals that scientific research in the area beyond national
jurisdiction should be carried out for the benefit of mankind as a whole and that the
results of research should be accessible to all interested States. International
scientific co-operation should be fostered to enable all nations to participate in
such research on an equal basis and to have reasonable access to the results. It was
important to distinguish between research to gain knowledge of the marine environment
and exploration as a preliminary step leading to commercial exploration. Scientific
research should not serve as a basis for claims to exploitation, as indicated in the
Declaration of Principles. Access to knowledge and information acquired through
scientific research should be facilitated through international co-operation. His
Government wished to co-operate fully in promoting the transfer of technology and
results of marine scientific research to developing countries. Scientific research
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(Mr.... Oda,, Japan )
in the international area should be reconciled with other legitimate uses of the high
seas, the most important points being to prevent excessive collection of.specimens,
undue disturbance of the marine environment,. and seismic-investigations that might
damage the marine environment. Prevention of pollution was extremely important.
The-task of the Committee was to establish a legal framework under which freedom
of scientific. research of the ocean could be safeguarded. as fully as possible and
results of research exchanged and disseminated.
Mr. GUEYE (Senegal) said that scientific research and the transfer of
technology were very important to his country and to all developing countries, as
indicated in the Addis Ababa and Mogadishu Declarations of the Organization of African
Unity. Although scientific research constituted a whole, a distinction could be drawn
between pure research and industrial research. The question of how to regulate research,
particularly industrial research, which was important for developing countries, was
one that required urgent solution. Different States or groups of States should be able
to call on international organizations or industrialized countries to carry out
industrial marine research which would be of use to their economy, for example, research
on the conservation and exploitation of fish resources, pollution and accident
prevention. International organizations and industrialized countries should be able
to carry on research in the territorial waters or economic zone of a coastal State,. if,
that State approved the research prorrarzne and conditions- a costal State could hardly
refuse an application to carry out research if the usefulness of the research was
established and. if it would'be furnished with the results of the research.
Transfer of technology was of vital importance to the developing countries, and
personnel qualified in marine technology were needed by the developing countries.
International organizations and developed countries should give every encouragement to
training'' institutes such as those in France and the United States of America, and such
institutes should also be established at the regional level.
The CHAIRMAN, summing up the deliberations of the Committee on scientific
research and transfer of technology, said that the need to promote marine scientific
research to increase man's knowledge of the phenomena and processes of the marine
environment for the rational management of the resources of the sea and preservation
of the marine environment for the benefit of all had been accepted by all delegations.
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(The Chairman)
There also seemed to be complete agreement on the need to establish a viable framework
of general conditions and requirements for the conduct of marine scientific research.
Suggestions had been made concerning bilateral, regional and global co-operation in
international scientific research, and on the dissemination of knowledge, the exchange
and publication of scientific data, with increasing stress on the role of international
institutions directly or indirectly involved in marine scientific research.
The main issue that had emerged was the proper determination of the scope and
extent of the rights and obligations of coastal States in the zone adjacent to their
territorial sea and of all other States engaged in marine research in that zone.
Different views had been expressed on the relationship between coastal States and other
States, some suggesting that the coastal State should give prior authorization for and
should be able to participate in the research in that zone. He suggested that the
Committee should give consideration to the modalities of co-operation between the
coastal State and foreign States carrying on research in the zone adjacent to the
territorial sea.
The Committee should also consider the feasibility and desirability of
distinguishing between fundamental non-commercial scientific research and investigation,
on the one hand, and economically oriented marine research and exploration on the other
hand.
Interesting proposals had been made on the transfer of technology to developing
countries by increasing their research capacity and training their nationals. A study
was being prepared by the Secretariat on that subject. There was already a very broad
basis of agreement in the Committee, and it should now proceed to draw up draft
articles on the transfer of technology.
The Committee should now begin practical negotiations on the major outstanding
issues with a view to identifying areas of agreement. General principles and draft
articles for inclusion in the future convention should be prepared, and attempts should
be made to reduce or eliminate the alternative formulations of existing draft articles.
He expressed his conviction that the spirit of co-operation would continue to prevail.
The Committee should make use of the preparatory work done before the Conference and
the proposals which had been submitted at recent meeting- i.s a basis for negotiation.
Replying to a question froi. '-r. _;,',~ l,;:7J (Union of Soviet Socialist Rerublics),
he said that the Secretariat stuft on the transfer of technology would be made
available as soon as possible. /...
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) IVUW (Brazil) requeste4 clariticstio> from the Chairman auto whether
he had been referring to the 200-smile econamic none roast the nations. 3ur'"UltAm of
Gout4 BtAtes when he hM spoken of the "zone ad,acent to the territorial ass".
The CN*XR replied in the affirmative; he had used the expi.asis "zone
adjacent to- the territc 'ia]. sea" in order to preserve his er'tii Litz.
The 926IN rose at 6?30 P OA
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