EVENSEN CONSULTATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300080007-2
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 93
• Document Creation Date: December 14, 2016
• Document Release Date: January 24, 2003
• Sequence Number: 7
• Publication Date: December 11, 1974
• Content Type: MEMO

NSC; IN
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...r) /T, C).- ## 264 December 11, 1974
LIMITED OFFICIAL USE With CONFIDENTIAL Attachment
TO Members of the LOS Executive Group
Attached for your information is a report on
the Evensen Group consultations which took place in
New York October 28 - November 6, 1974, prepared by
Bernard Oxman.
Otho E. Eskin
Staff Director
As stated.
NSC & STATE review(s) completed.
LIMITED OFFICIAL USE With CONFIDENTIAL Attachment
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Report on Evensen Group Consultations
on Law of the Sea
New York, Oct. 28-Nov. 6, 1974
1. Summary: The meetings were well attended.
Attention was devoted almost exclusively to the economic
zone and the continental shelf. More flexibility
was noticeable on specific issues, with a discernible
trend toward acceptance of full utilization of
fisheries in principle, and a more widely held feeling
that resolut on of the issue of the continental
shelf limit would require agreement on coastal state
jurisdiction and revenue-sharing beyond 200-miles.
Peru at one extreme, and Japan at the other, were
increasingly isolated. Attempts were made at drafting
proposed single texts with varying degrees of success.
The problem of dealing with the status of the economic
zone is complicated by the absence of agreement on
pollution, research, and to a lesser degree, installa-
tions. This report proceeds by issue, rather than
chronologically. The Evensen Group will meet again in
mid-February.
2. Economic Zone (Citations are to Rev. 2 document -
attachment 2)
A. Article 11
Dr. Jagota (India) wondered if the term
"economic zone" might be left open. Some kind of
national jurisdiction concept might emerge to facilitate
a reconciliation among territorial sea and economic
zone advocates. Efforts should be made to merge
alternatives A and B. Mr. de Soto (Peru) agreed.
Amb. Beesely (Canada) agreed the zone was more than just
a resource zone. Amb. Castaneda (Mexico), Amb. Stevenson
(US), Amb. Koh (Singapore) and M. Jeannel (France)
disagreed, noting that widespread support for 12-mile
territorial sea and 200-mile economic zone :framework
was major accomplishment of Caracas. It was not a
question of flexibility on terminology, but what was
implied. Dr. Jagota noted his was a personal remark,
and that the GOT supported the economic zone concept.
If the contents are agreed, "economic zone"is an
acceptable term..
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There was widespread support for the view that the
language used should not require a positive act by a
State to establish an economic zone. Thus, "the coastal
State exercises" was preferred to "the coastal State
has the right to establish."
Amb. Koh (Singapore) said the economic zone concept
would only be acceptable if landlocked and geographically
disadvantaged States participate in the exploration and
exploitation of resources or, where there is no partici-
pation, the concept of global revenue sharing is
accepted. Mr. Warioba*(Tanzania) said the subalternative
of Alternative A is-what Africa means by an economic
zone. Neither revenue sharing nor a regional economic
zone was part of the original concept. The concept of
the economic zone replaced the concept of a wide
territorial sea.
The third revision article 11 text (attachment 4)
was critized by the US, UK, USSR, France and Japan,
particularly as it related to pollution and research.
An alternative article 11 text, based on document L. 47,
was circulated by Amb. Stevenson (attachment 4a).
Mr. Brennan (Australia) wondered if "jurisdiction to
apply and enforce customs and fiscal regulations relating
to economic activities in the zone" wasn't in fact
subsumed within the resource rights.
Dr. Jagota (India) proposed a different enumeration
based on the African economic zone proposal consisting
of the following elements:
(a) sovereign rights to explore, exploit
conserve, and manage resources, and to establish
and control artificial islands and installations,
(b) exclusive rights and jurisdiction to
apply and enforce customs and fiscal regulations
relating to economic activities in the zone,
(c) exclusive rights and jurisdiction for
the purpose of protection of the marine environ-
ment and prevention of pollution,
(d) exclusive rights and jurisdiction to
control, regulate and authorize scientific
research,
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(e) other rights and duties provided for
in the Convention.
B. Article 12
Sir Roger Jackling (UK) submitted a technical
amendment along the following lines that seemed generally
acceptable: the outer limit of the economic zone shall
not exceed 200 nautical miles from the baseline from
which the breadth of the territorial sea is measured.
C, Articles 13, 14 and 16
Amb. Arias Schreiber (Peru) pressed consistently
for an explanation and enumeration of the "other rights"
or "other legitimate uses of the sea" in addition to
navigation,overflight, and laying cables and pipelines.
He wondered if this included military maneuvers and use
of explosives. Amb. Koh said that if Singapore's Navy
could not conduct maneuvers in neighboring economic zones,
it would have to go enormous distances to do so.
Amb. Beesely (Canada) said he thought the enumerative
approach might work, and offered to work on it. He de-
sisted after strong private objections from Mr. Oxman (US).
The philosophical discussion of the legal status
of the economic zone was dominated by the view that it is
neither territorial sea nor high seas (Amb. Cisse
(Senegal), Mr. Warioba (Tanzania), Amb. Castaneda (Mexico),
Amb. Beesely (Canada)).
Amb. Stevenson (US) objected to the third revision
draft article 13 on the grounds that it did not include
other uses, and that it implied ?a priority for coastal
State rights. He circulated an alternative text based on
document L. 47 (attachment 4b), which Amb. Beesely said
he could live with if the detailed provisions of the
treaty were satisfactory.
There was a long discussion in connection with
accommodation of uses of the. assymetry between the coastal
State duty to exercise its rights and duties without
"unjustifiable" or "undue" interference and the require-
ment that the flag State "shall not interfere" with
the exercise of coastal State rights. Broad sentiment
was expressed for retaining the "unjustifiable inter-
ference" language of the Continental Shelf Convention as
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the coastal State duty, and against the implication that
there might be "justifiable" interference by ships with
oil rigs. Amb. Castaneda (Mexico) suggested a "due
regard" rule for article 16, and Mr. Oxman (US) a
"reasonable regard" rule. After circulation of the
third revised text of article 14 (attachment 4), Mr. Oxman
(US) said it did not reflect the emerging consensus,
which was to use "unjustifiable interference" as the
coastal State duty and "reasonable regard" as the flag
State duty. Moreover, there was no need to repeat the
"other uses" issue raised in article 13. No objection
was raised to these suggestions, and a text was submitted
to Minister Evensen reflecting them (attachment 4c).
D. Article 15
Amb. Arias Schreiber (Peru) kept asking if the
maritime powers wanted the right to install military
installations in the economic zone. He criticized the US
formula in document L. 47 as leading to disputes.
Knowledgeable Western members of the group tried to be
helpful.
After the third revised text was presented, and
objections were raised by Amb. Arias Schreiber and
Dr. Tagota, Mr. Kovalev (USSR) suggested removing the
words "in the economic zone" at the end of paragraph 1,
since all coastal State rights were involved. The
discussion was inconclusive, and two additional alter-
natives will be added: one giving coastal State rights
over all artificial islands and installations, and
another based on the text in document L. 47 (art. 3).
Mr. Brennan (Australia) was prepared to suggest sub-
stituting the word "similar" for "other" after "islands"
but did not make the suggestion since he felt it was
premature, and the "ejusdem generis" idea could only be
played once.
Amb. Beesely informed Mr. Oxman privately that Dr. Jagota
was worried about missile launchers and other military
installations, not just listening devices. Beesely said
he had been arguing privately with others that listening
devices are a good thing and serve peaceful ends by
preventing miscalculation.
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E. Article 17
Amb. Arias Schreiber was concerned about the
meaning of a "peaceful purposes" limitation on coastal
State resource rights. Third States should be the
object of the limitation. Mr. Thompson-Flores (Brazil)
suggested a coastal State right to ensure that third
State activities are exclusively for peaceful purposes.
Amb. Beesely (Canada) said this was worth considering.
Mr. Oxman said this was not the place to get into arms
control issues. Using the phrase "peaceful purposes"
in this connection would moreover have effects on its
meaning in other contexts.
3. The Economic Zone: Fisheries (Citations are to
rev. 2 document -(attachment 3);
articles in rev. 3 document are
2 numbers lower, e.g. 18 is 16.
There was insufficient time to
begin detailed discussion of the
fisheries articles in the rev. 3
document; there were general
requests for revision and the
inclusion of alternatives)).
Amb. Beesely circulated an August 28, 1974 informal
draft of coastal State group articles on fisheries
(attachment 6). Some of those named as participants
(e.g. India and Peru) did not seem overly attached to
the texts.
A. Article 18
Mr. Warioba (Tanzania) raised several detailed
questions regarding alternative C, mainly who has
legislative and enforcement powers, and what is the
purpose of the limitations. He could agree to a duty to
conserve, but the issue of who conserves would be resolved
in different ways in different areas: W .'Oxman and
Amb. Ogiso responded. Dr. Jagota (India) said coastal
State control over fishing in the economic zone would be
the same as in the territorial sea. There should be no
mandatory rules regarding conservation or allocation. If'
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V
you put in priorities, the first priority must be for
those who help develop the fisheries of the coastal
State. Amb. Andersen (Iceland) distinguished between
conservation and allocation, and the corresponding role
of international and regional organizations. Mr. Brennan
said there should be a duty to conserve, and this was
summed up in alternative B. Amb. Zuleta (Colombia)
consistently attacked the reference to scientific evidence,
noting the practice of some States in using scientists
as advocates.
in connection with the discussion of article 19
(full utilization), strong emphasis, led by Amb. Andersen,
developed on the coastal State right to determine the
allowable catch.
B. Article 19
Dr. Jagota (India) opposed a rigid obligation
on full utilization. Amb. Arias Schreiber proposed
substituting "rational utiliz to eon" for "full utilization".
Amb. Cisse (Senegal) inquired if the US was prepared to
accept elimination of the priorities and a distinction
between developed and developing countries in connection
with the operation of the full utilization principle. He
said he raised the same questions with Mr. Nordquist in
Dakar before leaving for New York.
Judge Okunribido (Nigeria) argued strongly against the
list of priorities on security grounds. Mr. Oxman noted
the flexibility the coastal State actually has under
Alternative C, and said he personally understood the nature
of the objections to the priorities. On the other hand,
there was a, practical traditional fishing problem. He
had difficulty with distinguishing between developed and
developing country legal rights except of course on
questions of assistance, and wondered if Amb. Cisse's
objectives might be met by specifying assistance provisions
regarding developing coastal States that did not apply
to developed coastal States. Mr. Mansfield (New Zealand).
said some developed coastal States might be'underdeveloped
fishing states. Mr. Warioba (Tanz ,nia) wondered if
phase-out provisions weren't the real answer. Dr. Arioga
(Chile) said the object should be a program of technology
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transfer and financial support to increase developing;;
country fishing capacity, coupled with phase-out to
the extent the coastal State increases its capacity.
M. Jeanne]. (France) said the priorities could be
elimina ed.
Arnb. Andersen (Iceland) emphasized that the deter-
mination of allowable catch and harvesting capacity must
be made by the coastal State; the final determination
cannot be made by a third party. Mr. Oxman noted that
the purpose of dispute settlement was to prevent abuse,
not to interfere with the normal range of regulatory
discretion. Most countries had similar systems for
judicial review of regulatory decisions, and the drafting
should not be that difficult.
While there was considerable interest in the stream-
lined text submitted by Sir Roger cackling (attachment 7),
most developing countries also favored the enumeration
of coastal State measures contained in Article 5 of the
coastal State paper (attachment 6).
C. Article 20
Amb. Andersen objected to the reference to
"allocation" in connection with global and regional
standards. There were rather vague objections to
paragraphs 2 and 3 of alternative C.
D. Article 21
The legal problem of assigning FAO functions
in a separate treaty was raised. One idea was to use the
term "appropriate international organization" and adopt
a resolution requesting FAO to assume the functions.
Another was to get FAO agreement in advance. (The time
spent on the issue may suggest that the real problems
related to the references to FAD in the Australian tuna
text and to IMCO in US pollution texts).
E. Article 22
The underlying issues were: whether access of
neighboring coastal States is limited by coastal State
harvesting capacity; whether the access is mandatory or
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permissive; and whether the clause only applies to
neighboring developing coastal States. The Africans
and Asians tend to favor alternative A, while the
Latins tend to favor alternative B.
F. Article 23
A very sharp confrontation developed on this
issue between the Africans, led by Amb. Cisse, and
Amb. Arias Schreiber. Arias said Africa could not
impose its decisions on other regions. Amb. Cisse said
there would be no LOS treaty unless landlocked States
get equal access to fisheries, and if there were no treaty,
African states would extend their territorial sea to
200 miles and give their landlocked neighbors equal
access to fisheries. Amb. Arias Schreiber argued for
priority for landlocked States, but no equal access.
Dr. Jagota (India) said the access should be limited
to a specified neighboring area of the economic zone.
Bhutan might have rights off northeastern India and off
Bangladesh, but not on the other side.
Amb. Koh (Singapore) said geographically disad-
vantaged States should have the same rights of access.
This led to a sharp negative reaction from Amb. Zuleta
(Colombia). Amb. Castaneda proposed a text that provided
for negotiation between landlocked and other geographically
disadvantaged States and neighboring coastal States on
a regional, subregional, or bilateral basis, taking into
account all pertinent special circumstances and on an
equitable basis.
M. Jeannel (France) proposed a definition of
geographically disadvantaged States as developing
countries which are landlocked, shelf-locked, or which
due to the shape or length of their coast are disadvantaged
vis-a-vis their neighbors.
The idea of specifying that landlocked rights are
either equal or preferential was raised. Amb. Cisse
deferred to Amb. Masaninga (Zambia), who did not
give a positive response.
Amb.'Cisse noted that the African idea of equal
access was being developed to include landlocked sharing
of management and conservation costs.
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G. Article 24
Amb. Cisse (Senegal) said two points were
missing from Alternative B. First, the decisions of
the organization should be taken by a majority of the
coastal States, so as to prevent a distant-water
imposed decision. Second, the coastal State allocation
should be available for joint ventures with the coastal
State; this was contemplated among African coastal
States. Amb. Stevenson wondered if the coastal State
majority shouldn't +be added to the required overall
majority, rather than substituted for it.
Amb. Arias Schreiber (Peru) said he could accept
being members of the organization, but it depends on
what the rules of the organization are. If they are as
at present, then the answer is no. On the last day
he circulated a draft text on highly migratory species,
which was not discussed. (Attachment 8).
4. The Continental Shelf
Generally, positions were the same as before on
whether there should be jurisdiction over the continental
shelf beyond 200 miles. Amb. Ogiso (Japan) was more
vocal than before in opposition. He was joined by
M. Jeannel (France), who attacked the natural prolongation
theory, and withdrew his favorable comments on the Soviet
proposal (200 miles or 500 meters) once it was clear
this meant jurisdiction beyond 200 miles to 500 meters
depth. In response to Mr. Kovalev's (USSR) description of
the Soviet idea as a compromise, Sir Roger tackling
(UK) called it a division of the baby reminiscent of
Solomon.
Amb. Cisse (Senegal) indicated that his instructions
were to support jurisdiction over the continental shelf
beyond 200 miles in the African group, but that he did
not believe this view would prevail in the African group
unless (1) there was a precise indication of the extent
of the continental margin to allay concerns that it
would extend too far and (2) there was an accommodation
such as revenue.sharing in the area beyond 200 miles.
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He joined Dr. Jagota,in opposing Amb. Koh,'s suggestion
of revenue_sha,ring within 200-rnniles. The African.
group would consider the issue i.n January. Mr. Mansfield
(New Zealand) said revenue sharing beyond 200 miles
could be considered.
Amb. Koh (Singapore) circulated a brief paper
(apparently under consideration by several delegations)
providing for revenue-sharing from mineral resources
under national jurisdiction seaward of 50 nautical miles
of the coast, and containing .a distribution formula
(Attachment 9). While the contribution formula contained
no distinction between developed and developing countries,
Amb. Koh suggested a threshhold for the contribution
obligation so that the poorest coastal States would not
have to contribute.
Mr- Brennan (Australia) outlined some of the economic
difficulties in arriving at an appropriate revenue
contribution formula.
Considerable time was devoted to discussion of the
definition of the continental margin limit. Mr. Oxman
indicated the desirability of precise criteria, to which.
Amb. Beesely (Canada) appeared to have some reservations.
When asked by Amb. Cisse if by continental margin they
meant the point where continental crust meets oceanic
crust, Amb. Listre (Argentina) and Mr. Brennan (Australia)
responded affirmatively. There was affirmative discussion
of an international boundary review body independent of
the Seabed Authority. Dr. Jagota wondered about
applying such an idea unless substantive criteria were
established.
In private discussions, Amb. Beesely felt that there
were insufficient votes to achieve continental margin
jurisdiction beyond 200-miles without revenue sharing;
there would be a separate vote on the 200-mile economic
zone, and it would be impossible to vote no. With respect,
to the limit of the continental margin, in private
conservations Mr. Cooke (UK), Mr. Brennan (Australia),
Mr. Mansfield (New Zealand), Mrs. Kelly deGuibourg
(Argentina) and Mr. Oxman (US) agreed to inquire of
their respective experts whether the criterion of the
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point where continental and oceanic crust meet is
satisfactory, whether it can be located inexpensively
and with a minimum of potential for dispute, and whether
an arbitrary rule of thumb might be useful.
John R. Stevenson
Bernard H. Oxman
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ARGENTINA
CANADA
CHILE
COLOMBIA
EGYPT
FRANCE
ICELAND
INDIA
JAPAN
MEXICO
NETHERLANDS
NIGERIA
NORWAY
PERU
POLAND
SENEGAL
SINGAPORE
Amb. Listre
Ms. Elsa Kelly d.eGiboura
Mr. Thompson Flores
Mr. Araujo Castro
Amb. Alan Beesley
Mr. Orrega Vopima
Amb. Bernardo Zuelta
Mr. Hussein Abdel Khalek Hassouna
Mr. Roger Jeannel
Amb. Hans Andersen
Mr. S. P. Jogota
Mr. Ranjit Sethi
Mr. Chandrasekhara Rao
Mr. Noegroho Wisnoemoerti
Amb. Motoo Ogiso
Mr. Kenzo Oshima
Amb. Jorge Castaneda
Dr. Alicia Cabrera
Mr. Riphagen
Mr. Michael Mansfield
Mr. Okunribido
Mr. Agoto
Mr. Hagnar Evensen
Mr. Vindenes
Amb. alfonso Arias Schreiber
Mr. Goralczyk
Mr. Vonau
Mr. Ibrahima Cisse
Mr. Diatta
Amb. T. T. B. Koh
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SRI LANKA Amb. Hamilton Amerasinghe
Mr. P. H. Kurukulasuriya
TANZANIA Mr. J. S. Warioba
Mr. Jackling
Mr. David Logan
Mr. M. C. Wood
USSR
ZAMBIA
SECRETARIAT
ABSENT: Bulgaria
Venezuela
Kenya
Mr. J. L. Masaninga
Mr. David Hall
Mr. Constantin Stavropoulos
Mr. Fernando Labastida
UNITED STATES Amb. John R. Stevenson
Mr. Bernard H. Oxman
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ATTACHMENTS
1. List of participants in meeting.
2. Part V - The Economic Zone, 2d rev., 1 Aug 1974.
3. Fisheries, 2d rev., 19 Aug 1974.
4. Part V - The Economic Zone (including fisheries),
3d rev., 6 Nov 1974.
a. Alternative article 11.
b. Alternative article 13.
C. Potential consensus art. 14.
5. Part I - The Territorial Sea and Part VI -
Continental Shelf - 2d rev., 30 Oct 1974.
6. Coastal State Group Draft Articles on Fisheries,
Aug 28, 1974.
7. Fisheries - art. 19: UK Compromise draft on full
utilization.
8. Art. 24 (Highly Migratory Species) - Circulated
by Amb. Arias Schreiber of Peru.
9. Revenue Sharing formula circulated by Amb. Koh
of Singapore, probably reflecting landlocked -
geographically disadvantaged consultations.
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Second Revision
1 August 1974
Tentative draft crticIes for a Convention on the Law of the Sea.
T -chapters on the sea-bed and ocean floor beyond national
12risdictionand on transfer oaf technol.ogV' not included.)
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Part V Second Revision
General provisions
The coastal State has the
right to establish an economic
zone beyond the territorial
sea for the benefit of its
people and its economy, over
which it shall have sovereign
rights for the purposes of
exploring and c.ploiting the
natural resources, whether
renewable or non-renewable,
for the purposes of
preservation of the marine
environment and for the
purposes of the conduct of
scientific research.
The coastal State
exercises in and throughout
an area beyond and adjacent
to its territorial sea,
known as the exclusive
economic zone: (a) sovereign
rights for the purpose of
exploring and exploiting
the natural resources whether
renewable or non-renewable,
of the sea-bed and subsoil
and the superjacent waters;
Alternative R: Alternative C:
The coastal State exercises The coastal State exercises in
in and throughout an area beyond and throughout an area beyond and
and adjacent to its territorial adjacent to its territorial sea, known
sea, known as the exclusive as the economic zone (Economic Zone),
economic zone: (a) sovereign exclusive rights for the purpose of
rights for the purpose of exploring and exploiting the renewable
exploring and exploiting the and non-renewable natural resources
n,,tu-al resources, whether of the sea-bed and subsoil and the
renewable or non-renewable, of superjacent waters, subject to the
the sea-bed and subsoil and the provisions of this Convention.
:r0ac nt waters; ;c, the
other rights and duties
specified in this Convention
Subalternative:
with regard to the protection.. 1. The coastal State is entitled to
and preservation of the marine exercise in and throughout an area
environment and the conduct of beyond and adjacent to its
scientific research. territorial sea, known as the economic
zone (Economic Zone), the rights set
The rights se: out in this forth in this chapter for the purpose
article shall be without of exploring and exploiting the
prejudice to the provisions of renewable and non-renewable natural
article 24 of this Convention. resources of the sea-bed and subsoil
and the superjacent waters.
2. Such rights shall be exercised in
conformity with and subject to the
provisions of this Convention and other
rules of international law.
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Article 11 (continued)
Subalternative to
alternative A (continued):
(b) jurisdiction for the
purpose of preservation of
the marine environment,
control of scientific research
and protection of other related
interests as provided for in
this Convention.
The outer limit of the economic zone shall not exceed 200 nautical miles from the applicable
baselines for measuring the territorial sea.
Article 13
Alternative B:
1. In the economic zone, ships
of all States, whether coastal
or not, shall enjoy freedom of
navigation so lcng as it is not
prejudicial to the obligations
of peaceful coexistence and
good neighbourliness or to
the laws and regulations of
the coastal State in matters
of exploration, conservation
and exploitation of resources,
preservation of the marine
environment, scientific
research, deployment of
installations, and the safety
of navigation and maritime
transport.
In the economic zone, ships
and aircraft of all States,
whether coastal or not, shall
enjoy freedom of navigation and
overflight subject to the
exerc.se by the coastal State of
its rights within the area, as
provided for in this Convention.
Nothing in this chapter shall
affect the rights of freedom of
navigation and overflight and other
rights to carry on activities
unrelated to resource exploration
and exploitation in accordance
with general principles of
international law, except as
otherwise specifically, provided in
this Convention.
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Article 13 (continued)
Alternative A (continued),
2. In the discharge of the
obligations referred to in
paragraph 1 of this article,
ships traversing the economic
zone shall refrain from any
activity that may be harmful to
the coastal State, such as
exercises or practices with
weapons and explosives, the
launching, landing or loading
on board of military equipment
the embarking and disembarking
of persons in violation of
customs, fiscal, in:migantion or
sanitary regulations of the
coastal State, acts of
propaganda, espionage or
interference with communications
and other activities not directly
related to transit.
3. The provisions of
paragraphs 1 and 2 of this article
shall also apply mutatis mutandis
to transit by aircraft.
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Article 14
The coastal State shall
exercise its rights and perform
its duties in the economic zone
without undue interference with
navigation and other means of
international communication,
including the laying of cables
and pipelines, subject to the
provisions of this Convention.
The coastal State shall
exercise its rights and perform
its duties in the economic zone
without undue (unjustifiable)
interference with other
legitimate uses of the sea,
including, subject to the
provisions of this Convention,
the laying of cables and
pipelines.
The coastal State shall exercise
its rights and perform its duties set
forth in this chapter without
unjustifiable interference with
navigation or other uses of the sea,
.and shall ensure compliance with
applicable international standards
established by the appropriate
international organizations...
Article i1
Proposed single formula:
The coastal State shall exercise its rights and perform its duties in the economic zone without
unjustifiable interference .fith navigation and other legitimate uses of the sea, including, subject to
the provisions of this Convention, the laying of cables and pipelines. It shall to this end ens-; e
compliance with applicable international standards established by the appropriate international
organizations.
Alternative A:
The coastal State shall
have the exclusive right to
authorize and regulate in
the economic zone the
emplacement and use of
artificial islands and other
installations on the
surface of the sea, in the
waters and on the sea-bed and
in the subsoil thereof.
1. The coastal State shall
have the exclusive right to
authorize aria regulate in the
economic zone the emplacement
and use of artificial islands
and other installations on the
surface of the sea, i the
waters and on the sea-bed and
.in the subsoil thereof. Such
authorization shall not be
unreasonably withheld.
Alternative C:
1. The coastal State shall hare
the exclusive right to authorize and
regulate in the Economic Zon. a-,O,
(on the continental shelf) (iii the
Coastal State Sea-Bed Area) the
construction, operation and use of
offshore installations for the
purpose of exploration or
exploitation of-natural resources
or for other economic and similar
purposes.
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Article 15 (continued)
Alternative B (continued):
2. The coastal State ray,
where necessary, establish
reasonable safety zones around
such offshore installations.
3. The provisions of
article 29 shall apply, mutatis
mutandis, to such installation
and to safety zones.
Alternative C (continued):
2. The coastal State may, where
necessary, establish reasonable
safety zones around such offshore
installations.
3. The provisions of article 29
shall apply, mutatis mutand is,to
such installation an,9 to safety
zones.
Article 16
In exercising their rights
under this Convention, States
shall not interfere with the
exercise of the rights or the
performance of the duties of the
coastal State in the economic
zone.
In exercising their rights
under this Convention, States shall
not unjustifiably interfere with-
the exercise of the tights or the
Terfor:ance of the duties of the
coastal State set forth in this
chapter.
In exercising their rights
under this Convention States shall
not act in any manner inconsistent
with the exercise of the rights or
performance of the duties of the
coastal State in the Economic Zone.
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Article 16
Proposed single formula:
In exercising their rights under this Convention, States shall not unjustifiably interfere with
the exercise of the rights or the performance of the duties of the coastal State in the Economic Zone.
Article 17
The coastal State shall ensure that any exploration and exploitation activity =Tithin its economic
zone is carried out exclusively for peaceful purposes.
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Second Revision (continued)
19 August 1974
Tentative draft articles for a Convention on the La of the Sea
(Ehe c.ja , on the sea-bed and ocean floor beyond national-_m
ux?:~~sd .c icon' and an transfer of technolof, r not included.
C-1466
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FISHERIES Second Revision (cont'd)
19 August 1974
Article 18
Alternative A:
Alternative B:
The coastal State shall.,'in.the The coastal State shall-3
conserve resources in the exercise of its sovereign rights
economic zone, the coastal State over the fisheries resources in
shall endeavour to maintain the the economic zone ensure by
productivity of species and proper management and conserva-
avoid harmful effects for the tion measures that the mainten
survival of living resources. ante of these resources is not.;
outside the said zone. endangered by over-exploitatio
It shall co-operate witlli the
2. The coastal State shall, for appropriate regional and global
the foregoing purposes, promote organizations to this end.
any necessary co-operation with
other States and with competent
international organizations.
For the purpose of the con
nervation of the renewable
resources the coastal State shall
apply the following principles:
(a) Allowable catch and.-other
conservation measures shall
be established which are designed,
on the best evidence available to
the coastal State, to maintai or
restore populations of harvested
species at levels which can
produce the maximum sustainable`
yield, taking into account rele
vant environmental and economic
factors, and any generally agreed
global or regional minimum
standards;
in the exercise of its rights
with respect to renewable
resources within the economic
zone apply the following
principles to ensure the
conservation of such renew-
able resources:
(a) Allowable catch and
other conservation measures
shall be established which are
designed, on the best evidence
available to the coastal State,
to maintain or restore popula-
tions of harvested species at
levels which can produce the
maximum sustainable yield,
taking into account relevant
environmental and economic
factors, and any generally
agreed global or regional
minimum standards;
(b) Such measures shall
take into account effects.on
species associated with or
dependent upon harvested
species and, at a minimum,
shall be designed to maintain
or restore populations of such
associated or dependent species
above levels at which they may
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extinction;
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Alternative B: Alternative C:
(b) Such measures shall (c) For this purpose,
take into account effects on scientific information, catch
species associated with or depen- and fishing effort statistics,
dent upon. harvested species and, and other relevant data shall
at a minimum, shall be designed be contributed and exchanged
to maintain or restore popular on a regular basis;
tions of such associated or
dependent species above levels
at which they may become
threatened with extinction;
(c) For this purpose,
scientific information, catch article 191. Conservation
and fishing efforts statistics, measures shall remain in force
and other relevant data shall be pending the settlement, in
contributed and exchanged on a accordance with the-relevant
regular basis; provisions of article ..., of
any disagreement. as to their
validity..,'
Cd) Conservation measures
and their implementation shall
not discriminate in form .or
fact against any fisherman
/except as provided in
1. In the exercise of its
rights over the living marine
resources in the economic zone,
the coastal State shall, through
appropriate regulations, ensure
the rational exploitation and
preservation of such resources
for the purpose of increasing
the production of food-stuffs
derived from such resources.
scientific data and in accord-
ance with the recommendations
of the competent international
fishery organizations consisting
. On the basis of appropriate
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of representatives of interested
States in'the region concerned
and other States engaged in fishing
in the region, the coastal State
shall determine in the economic
zone:
(a)' The allowable annual
catch of each species of fish or
other living marine resources
except highly migratory species
of fish;
(b) Measures to regulate
the exploitation of living marine
resources;
(c) Measures to conserve
and renew living marine resources;
(d) Regulations for monitor-
ing the observance of the measures
specified in subparagraphs (b)
and (c).
3. Measures for the conservation,
exploration and exploitation of
living marine resources and for the
monitoring of their observance may
not discriminate in form or content
against the fishermen of any other
State.
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The coastal State may reserve
the exploitation of living
resources in the economic zone
dt7 to itself or its
nationals, having regard to the
need to promote the efficient
utilization of such resources,
economic stability and maximum
social benefits.
The coastal State may allow
nationals -of other States to
fish in its economic zone,
subject to such terms, conditions
and regulations as it may from
time to time prescribe. These
may, inter alia, relate to the
following
(a) Licensing of fishing
vessels and equipment, including
payment of fees and other forns
of reuneration~
(b) Limiting the number
of vessels and the number of
gear that ray be used-
(c) epecifyin the gear
permitted to be used!
(d) Fixing the periods
during which the prescribed
species may be cau:;'_~t
(e) Fixing the age'and
size of fish that may be caught
Article 19
Alternative B?
No such rule.
1. The coastal State shall
ensure the full utilization of
renewable resources within the
economic zone.
2. For this purpose; the coastal
State shall permit nationals of
other States to fish for that
portion of the allowable catch of
the renewal le resources not fully
utilized by its nationals
subject to the conservation
measures adopted 'pursuant to
article l8 and on the basis of
the following priorities:
(a) States that have
traditionally fished for a
resource, subject to the
conditions of subparagraph 3
(b) States in the re:r ion,
particularlir land-locked States
and other States with limited
access to the resources and
(c) All other States
without discrimination.
The coastal State may
establish reasonable regulations
and require the garment of
reasonable fees for this purpose.
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Alternative A:
(f) Fixing the quota of catch,
whether in relation to particular
species of fish or to catch per
vessel over a period of time or to
the total catch of nationals of one
State during a prescribed period.
(g) Specifying the species
that may be cau:%ht :
Alternative C-
3. The priority under
paragraph 2 (a) above shall be
reasonably' related to the.ektent
of traditional fishing by such
State. Whenever necessary to
reduce such fishing in order to
accommodate an increase in the
harvesting capacity of a coastal
State.; such reduction shall be
without discririination, and the
coastal State shall enter into
consultations for this purpose at
the request of the State or States
concerned with a view to
?~inimizin: adverse economic
consequences of such reduction.
(h) Establishing; prohibited
areas for fishing and hunting.
4. The coastal State nay
consider forei gn vessels fishing
pursuant to arrangements under
articles 22 and 23 as vessels of
the coastal State for purposes
of paragraph 2 above.
Subalternative 2:
1. If a coastal State does not
take 100 per cent of the allowable
annual catch of any stocks of fish
or other living marine resources
in the economic zone, fishermen of
other States shall be granted
licences to fish for the unused
part of such catch.
2. Permission for foreign
fishermen to fish in the economic
zone of a developed coastal State
shall be granted on an equitable
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provisions of articles ... of
this Convention.
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21L ernac? V eu:
3. Foreign fishermen may be
allowed to fish in the economic
zone of a developing coastal State
by the grant of a special licence
and in accordance with the
provisions of articles ... of this
Convention.
4. When granting foreign vessels
permission to fish in the economic
zone and in order to ensure an
equitable distribution of living
resources, a coastal State shall
observe, while respecting the
priority of the States specified
in articles .., and ... of this
Convention, the following order:
(a) States Which have borne
considerable materiel and other
costs of research discovery,
identification and exploitation
of living resource stocks, or
which have been fishing in the
region involved-
(b) Developing countries;
land-locked countries, countries
with narrow access to the sea or
with narrow continental shelves,
and countries with very limited
living marine resources;.
(c) All other States
without discrimination.
5. Any questions of payment for
the grant of licences to foreign
fishermen to fish in the economic
zone of a developing coastal State
shall be settled in accordance
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Alternative A- Alternative B: Alternative C:
with the provisions of this
Convention and the recornendations
of the competent international
fishery organizations and by
agreement between the States
concerned.
Subelternative 3:
I. The coastal State shall have
the right to fish that portion of
the allowable catch of the
renewable resources which it can
harvest subject to the provisions
of paragraphs 2 and 3.
2. The coastal State shall
provide access by other States to
that portion of the allowable
catch of a renewable resource not
utilized by its vessels.
3. Those States whose nationals
.have carried on fishing in the
zone of a developed coastal State
over a long period of time shall
be entitled for their nationals
to continue fishing in accordance
with the measures for conservation
and exploitation to be determined,
by agreement between the States
concerned or, should such be the
case, by a competent regional
fisheries organization.
If a,-,ree.ent cannot be reached
within ... month(s), the matter
shall be referred to the s-cecial
commission provided for in
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 Alternative A:
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Article 20
Alternative B:
States shall co-operate in
the elaboration of global and
regional standards and guidelines
for the conservation, allocation,
and rational management of living
resources directly or within the
framework of appropriate
international and regional
fisheries organizations.
Alternative C:
1. States shall co-operate in
the elaboration of global and
regional standards and guidelines
for the conservation, allocation,
and rational management of living
resources directly or within the
framework of appropriate
international and regional
fisheries organizations.
2. Coastal States of a region
shall, with respect to fishing for
identical or associated species,
agree upon the measures necessary
to co-ordinate and ensure the
conservation and equitable
allocation of such species.
3. Coastal States shall give to
all affected States timely notice
of any conservation, utilization
and allocation regulations'prioi
to. their implementation, and shall
consult-with such States'at their
request.
The coastal State shall
co-operate with the appropriate
regional and international
organizations concerned with
fishery matters-when exercising
its rights over living resources
in the economic zone and, taking
into account their recommendations,,
shall maintain the maximum.
allowable cats and other
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Article 21 l/
Alternative A: 11 Alternative B;
Alternative Cs
An international register of
independent fisheries. experts
shall be established' and .
maintained by the Food and
Agriculture Organization of the
United Nations. Any developing
State party to the Convention
desiring assistance may select an
appropriate number of such
experts to serve as fishery
management advisers to-that State.
l/ The suggested articles 20 and 21 have as a matter of expediency been placed in. the chapter on
Economic Zones in spite of the fact that the provisions concerned are not in their scope limited to the
Zone.
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Article 22
Neighbouring developing
coastal States shall allow each
other's nationals the right to
fish in a specified area of their
respective economic zones on the
basis of long and mutually
Neighbouring developing
coastal States may allow each
other's nationals the right to
fish in a specified area of
their economic zones on the
recognized usage and economic recognized use. The conditions usa?e,-or economic dependence c-'
dependence on exploitation of-the for the exercise of this right a'State or region thereof on
resources of that area. The shall be established by exploitation'of the resources of
modalities of the exercise of this agreement between the States that area. The modalities of the
right . shall be settled by
agreement between the States
concerned. This right will be
available to the nationals of the
States concerned and cannot be
transferred to third parties by
lease or licence, by establishing
Joint collaboration ventures, or
by any other arrangement.
Jurisdiction and control over the
conservation, development and
management of the resources of the
specified area shall lie with the
coastal State in whose zone that
area is located.
basis of long and mutually
concerned, and such right cannot exercise of this right shall be
be transferred to a third party. settled by agreement between thc.
States concerned. Such right
cannot be transferred to third
parties.
Neighbouring coastal States
may allow each other's nationals
the right to fish in a specified
area of-their respective econoL-,ii c
zones on the basis of reciprocity,
or long and mutually recogaize.i
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Article 23
Nationals of a developing
land-locked State shall enjoy
the privilege to fish in the
neighbouring area of the economic
zone of the adjoining coastal
State on the basis of equality
with the nationals of that State.
The modalities of the enjoyment
of this privilege and the area
to which they relate shall be
settled by agreement between the
coastal State and the land-locked
State concerned. This privilege
will be available to the nationals
of the land-locked State concerned
and cannot be transferred to third
parties by lease or licence, by
establishing joint collaboration
ventures, or by any other
arrangement. Jurisdiction and
control over the conservation,
development and management of the
resources of the specified area
shall lie with the coastal State
in whose zone that area is
located.
Alternative B: Alternative.C:
Developing States which are Nationals of a land-
land-locked.,or which have a narrow locked State shall enjoy the
outlet to the sea or a narrow privilege to fish in the
continental shelf shall enjoy the
privilege of fishing in the
economic zone of a neighbouring
coastal State on the basis of
equality with the nationals of
that State. The conditions
governing the enjoyment of this
privilege shall be worked out by
agreement between the parties
concerned.
neighbouring area of the
economic zone of the adjoining
coastal State on the basis of
equality with the. nationals of
that State. The modalities of
the enjoyment of this privilege
shall be settled by agreement
between the parties concerned.
Land-locked and other
geographically disadvantaged
States shall have the right to
participate in tle exploration
and exploitation of the living
resources of the economic zone
of neighbouring coastal States
on an equal and non-
discriminatory be is. For the
purpose of facilitating the
arderly development and the
rational exploitation of the
living resources of the
particular zone, the States
concerned may decide upon.
appropriate arrangements to
regulate the exploitation of the
resources in those zones.
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Article ...
Suggested alternative to articles 19, 22 and 23
(a) The coastal State shall determine the allowable catch for the living resources of its
economic zone, in accordance with the principles of conservation and rational utilization.
(b) The coastal State may reserve for itself that proportion of the allowable catch
corresponding to its harvesting capacity.
(c) To the extent that the coastal State is unable to harvest the entire allowable catch,
.it shall, except in respect of sedentary species, grant other States access to'the surplus.
(d) In granting access to the nationals of other States, the coastal State shall have
regard to:
(i) The requirement for equitable rights of access, on the basis of regional, subregional,
or bilateral agreements, for land-locked and other geographically disadvantaged States,
in accordance with t - .i- levels of develor .^nt, to the living resources of the
economic zones of neighbouring coastal States. Such access shall be granted only to
the nationals of the land-locked or other geogra_hicaliy disadvantaged State concerned,
and cannot be transferred to third parties by lease or licence, through joint
collaboration ventures, or ly any other arrangeuent.
(ii) The need to disruption of traditional -fishing, whether by neighbouring States
or by other States. ,here it is necessary to reduce the level of fishing by such other
States, this shall be done through reasonable phase-out arrangements.
(e) The coastal State may prescribe reasonable terms, conditions, and regulations governing
access to the living resources of its economic zone by the nationals of other States.
The regulations may, inter alia, relate to the following:
(i)
Licensing of fishing vessels and equipment, including payment of fees and other forms
of remuneration;
(ii) Limiting the number of vessels and the number of units of gear that may be used;
(iii.) Specifying the gear permitted to be used;
(iv) Fixing. the periods during. which fish or fish of a species or class may be taken;
(v) Fixing the size of fish that may be taken;
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(vi) Specifying the method of fishing that may be used in a specified area or for taking
a specified species or class of fish and prohibiting any other methods;
(vii) Fixing the quota of catch, whether in relation to particular species or class of fish
or to catch per vessel over a period of time or to the total catch of nationals of
one State during a prescribed period.
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Alternative A:
A flexible procedure for
Alternative B:
Highly migratory species,
defined in Annex....#, shall be
regulated in accordance with the
provisions of article. in the
same manner as other species of
fish found or taken in the
economic zone, except that in
recognition of the greater
likelihood that more States will
be required in the case of highly
migratory species to co-operate
in the conservation, Management
and control of such species as
.well as in the rational .
utilization of such species, the
following additional. provisions
shall apply:
1. Any coastal'State in whose
economic zone highly migratory
species are found or taken and
any State whose vessels take such
species may request the opinion
of the Director-General of FAO
as to whether proper management
of such species requires the
setting up of an aupropriate
international or regional
orgw~lization. The
Di,-r,,2 ctor. Genera? of .c
within 9C ' or ar'',
Su:.._ _?eques his
and if ?c._ opin on
pc: .L ti-.-e, desig-n,, ;i_ the
me 1 s of the All
d: j' ~^te i StatE. sh^...:i nave the
-_:,; ;tion to tc:'..:i ~` c coon i
n:.crf to esl abii =1 the
Alternative C:
Fishing for highly migratory
species shall be regulated in
accordance with the following
principles:
A. Management. Fishing for
highly migratory:species listed
in Annex A within the economic'
zone shall be regulated by the
coastal State, and beyond the
economic zone by the State of
nationality of the vessel, in
accordance with regulations
established by appropriate
international or regional fishing
organizations pursuant'to this
article.
(1) All coastal States in
the region, and any other State
whose flag vessels har- est a
species subject to regulation by
the organization, shall
participate in the. organization.
If no such organization has been
established, such States shall
establish one.
(2) Regulations of the
organizaticx in accordance with
this article shall apply to all
vessels fishing the species
regardless of, their- nationality.
B.: Conservation, The
organization shall, on the basis
of the b.e t scientific evidence
available, establish allo,ra~e
the spend .ent of such a technical annex will be required.
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organization within the shortest
possible time.
2. All States shall co-operate
fully with an appropriate
international or regional
organization (being either an
organization which exists on the
date of entry into force of this
article or an organization set up
pursuant to this article)
established and empowered to issue
regulations to conserve and manage
the species concerned, including
the allocation of national quotas.
3. in the absence of agreement
to the contrary decisions of the
organization shall require an
affirmati,Te vote of two thirds of
its members.
4: The organization in
formulating regulations shall
take into account the following
criteria:
A. The coastal State's
right in preference to other.
States to harvest the regulated
species within its economic zone
to the extent of its harvesting
capacity subject only. to
conservation measures necessary
to maintain or restore the
regulated species.
catch and other conservation
measures in accordance with the
principles of article 18.
C. Allocation. Allocation
regulations of the organization
shall be designed to ensure full
utilization of the allowable
catch and equitable sharing by
member States.
. (i) Allocations shall take
into account the special
interests of the coastal State
within whose economic zone highly
migratory species are caught, and
shall for this purpose apply the
following principles within and
beyond. the economic zone: /insert
appropriate principles/.
(2) Allocations shall be
designed to minimize adverse
economic consequences in a State
or region thereof.
D. Fees. The coastal State .
shall receiv, reasonable fees for
fish caught by foreign vessels in
its economic zone, with a view to
making an effective contribution
to coastal State fisheries
management and development
programmes. The organization
shall establish rules for the
collection and payment of such
fees, and shall make appropriate
The rational arrangements with the coastal
App3~~19t3 R$Is~b3,b"sC##~827flIIQD~7~?s tablis yme nt
its maximum sustainable yield, and application of such rules.
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Alternative B :
based on the best available
scientific evidence.
C. Traditional harvesting
patterns both in the region and
in the economic zone, taking
into account the desirability
of avoiding to the maximum
extent possible severe economic
dislocations in any State as a
result of the application of
this article.
D. The criteria applicable
to other than highly migratory
species, as set.out in
article ....
5. A. The organization shall
fix a uniform fee' for fish-caught
whether inside or outside an
economic zone, provided that a
coastal State shall' be exempt
from such fee in respect of fish
caught by its vessels in its
economic zone.
in addition, the organization may
collect fees on a
non-discriminatory basis based on
fish caught both within and
outside the economic zone for
administrative and scientific
research purposes.
E. Prevention of Interference.
The organization small establish
fishing regulations for highly
migratory species in such a way
as to prevent unjustifiable
interference with other uses of
the sea, including coastal State
fishing activities, and shall
give due consideration to coastal
State proposals in this regard.
F. Transition. Pending the
establishment of an organization
in accordance with this article,
the provisions of this article
shall be applied temporarily by
agreement among the States
concerned.
. B. . The uniform fee shall be
fixed at a reasonable level, with
a view to providing for:
1. The organization's
administrative expenses.
2. Effective contribution
to management and development
programr.es for the species
concerned.
G. Interim Measures. If the
organization or States concerned
are unable to reach agreement on
any of the matters specified in
this article, any State party
may request, on an urgent basis,
pending resolution of the dispute,
the establishment of interim
measures applying the provisions
of this article pursuant to the
dispute settlement procedures
specified in chapter ... . The
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Alternative A:
Alternative B:
- Scienti.i'ic: research.
..C. The coastal-State shall
receive the uniform fee paid in
respect of fish. caught-by foreign
vessels within its economic zone.
D. The organization shall
establish rules for the
collection and payment of the
uniform fee, and shall make
appropriate arrangements with
the coastal State regarding the
establishment and application of
such rules.
B. The organization may
require a member to make a
minimum contribution to its
budget, taking into account fees
received by the organization jr,
respect of fishing by the
member's nationals.
6. Each State shall give
effect.to the regulations issued
by the organization:
A. Within its economic
zone it shall apply those
regulations to all persons and
vessels.
'Alternative C
immediately preceding agreed
regulations shall continue to be
observed until interim measures
are established.
B. Outside its econor.,ic
zone it shall apply those
regulations to vessels flying
its flag.
7, /Further Apo vCAF(qr~ 4 si le / 5e'~ RDP82S00697R000300080007-2
economic zone will be rewired./
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Alternative B: Al.ternativeC:
8. A State shall have the right
to submit to the Disputes Tribunal
any dispute relating to a
regulation by either another State
or by the organization. The
Disputes Tribunal shall have
jurisdiction to decide the matter
and to modify or set aside any
regulation from whatever source
respecting the regulated species,
including a regulation respecting
fees, which it may find to be
contrary to the provisions or
principles of this article.
9. A. In disputes involving
scientific and technical matters
the Disputes Tribunal shall request
the opinion of experts from FAO and
from any other appropriate source.
B. The Disputes Tribunal shall
have due regard to the desirability
of avoiding a multiplicity of
regimes or regulations within a
single region of migration of a
particular highly migratory species
and to the interests both of. coastal
States and of distant water fishing
States?in the species.
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Article 25
Alternative B:
The coastal State may,
within the limits of the
maritime zone under its
sovereignty and jurisdiction,
board and inspect foreign-flag
fishing or hunting vessels; if
it finds evidence or indications
of a breach of the legal
provisions of the coastal State,
it shall proceed to apprehend
the vessel in question and take
it to port for the corresponding
proceedings.
The coastal State, in the
exercise of its rights with
respect of the renewable
natural resources in the
Economic Zone, shall have
jurisdiction to enforce its
laws and regulations in
respect of all vessels fishing
in the zone.- Enforcement
measures may include boarding,
z. spection, arrest and detention,
We institution of judicial
proceedings, the imposition of
penalties including seizure and
forfeiture of catch, gear and
resseis, cancellation of fishing
Licences, expulsion from the
zone for such period as may be
specified; and monetary fines in
accordance-with the laws of the
coastal State.
1. The coastal State may, in
the exercise of its rights under
this chapter with respect to the
renewable natural resources, take
such measures, including
inspection and arrest, in the
economic zone of-the host State
and other States, as may be
necessary to ensure compliance
with its laws and regulations,
provided that when the State of
nationality of a vessel has
effective procedures for the
punishment of vessels fishing
in violation of such laws and
regulations, such vessels shall
be delivered promptly to duly
authorized officials of the
State of nationality of the
vessel for legal proceedings,
and may be prohibited by the
coastal State from any fishing
in the zone pending disposition
of the case. The State of
nationality shall within six
months after such delivery
notify the coastal State of the
disposition of the case.
2. Regulations adopted by
international organizations in
accordance with article 19 shall
be enforced as follows:
(a) Each State member of the
the organization shall make it
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? to violate such regulations, and
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Alternative B: Alternative C:
shall co-operate with other States
in order to ensure compliance with
such regulations.
(b) The coastal State may
inspect and arrest foreign vessels
in the economic zone for violating
such regulations. The
organization shall establish
procedures for arrest and
inspection by coastal and other
States for violations of such
regulations beyond the economic
zone.
(c) An arrested vessel of
a State member of the
organization shall be promptly
delivered to the duly authorized
officials of the flag State for
legal proceedings if requested
by that State.
(a) The State of
nationality of the vessel shall
notify the organization and the
arresting State of the disposition
of the case within six months.
3. Arrested vessels and their crew
shall be entitled to release upon
the posting of reasonable bond or
other security. Imprisonment or
other forms of corporal punishment
in respect of conviction for
fishing violations may be
imposed only by the State of
nationality of the vessel or
individual concerned.
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part V
THE ECONOMIC 7,ONE
General provisions
Article 11.
The coastal State exercises in and throughout an
area beyond and adjacent to its territorial. sea, known
as the exclusive economic ?one:
a) Sovereign rights for the purpose of exploring
and exploiting, conserving and managing the natural
resources, whether renewable or non-renewable, of the
sea-bed and subsoil. and the superjacent waters;
b) Jurisdiction to apply and enforce customs and
fiscal regulations relating to economic activities in
the zone;
c) Jurisdiction for the purpose of preservation
of the marine environment and control of scientific
research, as provided for in this Convention;
d) Other rights and duties provided for in this
Convention.
The rights set out in this article shall be
without prejudice to the provisions of article ..... of
this Convention.
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Article 1.2
The outer limit of economic zone shall not exceed
200 nautical miles from the applicable baselines for
measuring the territorial sea.
Article 13
In the economic zone, ships and aircraft of all
States, whether coastal or not, shall enjoy the freedom
of navigation and overflight and of laying submarine
cables and pipelines, subject to the exercise by the,
coastal State of its rights within the area, as provided
for in this Convention.
Article 14
1. The coastal State shall exercise its rights
and perform its duties in the economic zone without
unjustifiable interference with navigation and other
legitimate uses of the sea, including subject to the
provisions of this Convention, the laying of cables and
pipelines.
2. In exercising their rights under this Convention,
States shall not interfere with the exercise of the rights
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in the economicne
 Page 3
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1. The coastal State shall have the.exclusive
right to authorize and regulate in the economic zone the
establishment, operation and use of artificial islands,
other off-shore installations and any other installation
which may affect the rights of the coastal State in the
economic zone.
2. The coastal State may, where necessary,
establish reasonable safety zones around artificial
islands and other installations.
3. The provisions of article ... shall apply,
mutatis mutandis, to such installations and to safety
Fisheries
Article 16
The coastal State shall in the exercise of its
sovereign rights over the fisheries resources in the
economic zone ensure by proper management and conser-
vation measures that the maintenance of these resources
is not endangered by over-exploitation. It shall co--
operate with the'appropriate regional and global
organizations to this end.
In the exercise of its right to determine the
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 _-: IQ,L ,-. I (' (
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coastal State shall take into account the need for
conservation and rational utilization. The coastal
State shall. seek to maintain or restore populations of
harvested species at levels which can produce the
maximum sustainable yield, taking into account the best
evidence available to it and the recommendations of the
appropriate regional. and global organizations.
The.measures adopted by the coastal State shall
take into account effects on species associated with
or dependent upon harvested species and the need to
ensure that they are not threatened with extinction.
Article 17
1) The coastal State shall, in accordance with
the provisions of these articles, promote the objective
of full utilization of the renewable resources within
the economic zone.
- 2) To the extent that the coastal State is
unable to harvest the entire allowable catch, it should
through agreements or other arrangements and pursuant
to appropriate coastal State regulations, give other,
states access to the surplus. The terms and-conditions
of the coastal State may inter alia relate.to the
following:
a) Licensing of fishermen, fishing vessels and
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 Article 17 cont.
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Page 5
.remuneration; developing states in particular may require
adequate compensation in the field of fishing industry
financing, equipment and fisheries technology;
b) Determining the species which may be caught,
and f1X:i.ng quotas of catch, whether in relation to
particular stocks or complexes of stocks or catch per
vessel over a period of time or to the catch by nationa'h
of any state during a specified period;
c) Regulating times and ax eas of fishing, the
types, sizes and amount of gear, and the numbers, sizes
and types of fishing vessels that may be used;
d) Fixing the age and size of fish and other
species that may he caught;
e) Specifying information required of fishing
vessels,. including catch and effort statistics and vessel
position reports;
f) Requiring, under the authorization and control
of the coastal State, the conduct of specified fisheries
research programmes and regulating the conduct of such
research, including the sampling of catches, disposition
of samples and reporting of associated scientific' data;
g) The placing of observers, trainees or crew
members on board such vessels by the coastal State;
h) The landing of all or any part of the catch
by such vessels in the ports of the coastal State;
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i) Terms and. conditions relating to joint
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ventures or other cooperative arran(Tements;
j) Requirements for training of personnel and
transfer of fisheries technology including enhancement
of the coastal State's capability for undertaking
fisheries research.
Article 18
States shall co-operate in the elaboration of
global and regional standards and guidelines for the
conservation and rational management of living resources
directly or within the framework of appropriate inter-
national and regional fisheries organizations.
Where a stock occurs within the economic zones
of two or more coastal States, these states shall consult
either directly or through appropriate international
organizations regarding the management and conservation
of such stocks.
Article 19
An international register of independent fisheries
experts shall be established and maintained by the
appropriate international organization. Any developing
State party to the Convention desiring assistance may
select an appropriate number of such experts to serve as
fishery management advisers to that State.
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 Page 7
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Article 20
Neighbouring developing coastal States shall
through agreements or other arrangements and pursuant
to appropriate coastal State regulations, allow each
other's nationals the right to fish in a specified area,
of their respective economic zone. on the basis of ion;
and mutually recognized usage and economic dependence
on exploitation of the resources of that area. The
coastal State may establish appropriate terms arid
conditions for the exercise of this right. The right
will be available to the nationals of the States concerned
and cannot without the consent of the coastal State
concerned be transferred to third parties by lease or
licence, by establishing joint collaboration ventures,
or by any other arrangcmeht. Jurisdiction and control
over the conservation, development and management of the
resources of the specified area shall lie with the
coastal State in whose zone that area is located.
l) Nationals of a land-locked developing state
shall, in a specified area of the economic zone of
neighbouring states,-have the right to participate on
an equal or preferential footing in the exploration and
exploitation of the living resources on the basis of
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regional, sub-regional or bilateral agreements. This
 Article 20 cont.
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locked State concerned and cannot without the consent
of the coastal State be transferred to third parties
by lease or licence, by establishing joint collaboration
ventures, or by any other arrangement. Jurisdiction
and control. over the conservation, development and
management of the resources of the specified area shall
lie with the coastal State in whose zone that area is
located.
2) Relations between geographically disadvantaged
developing states regarding the exploitation of living
resources in the economic zone shall be negotiated on a
regional., sub--regional or bilateral level., taking into
account all pertinent special circumstances and on an.
equitable basis.
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ARTICLE 11
1. The coastal State exercises in and throughout an
area beyond and adjacent to its territorial sea, known
as the economic zone, the jurisdiction and the sovereign
and exclusive rights set forth in this chapter for the
purpose of exploring and exploiting the natural resources,
uthether renewable or non-renewable, of the sea-bcd and
subsoil and the superjacent waters.
2. The coastal State exercises in the economic zone
the other rights and duties specified in this Convention,
including those with regard to the protection and
preservation of the marine environment and the conduct
of scientific research.
3. The exercise of these rights shall be in conformity
with and subject to the provisions of this Convc;nt!T.on,
and shall be without prejudice to the provisions of
Article .
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ARTICLE l3
Nothing in this chapter shall affect the rights
of freedom of navigation and overflight,, and other
rights recognized by the general principles of inter-
national law, except as otherwise specifically provided
in this Convention. The provisions of this article do not-
apply to activities for which the authorization of the
coastal State is required pursuant to this Convention.
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ARTICLE 14
1. The coastal State shall exercise its rights and
perform its duties in the economic zone without
unjustifiable interference with the exercise of the
rights referred to in Article 13. t shall ensure
compliance with applicable internat Tonal standards
established by the appropriate international organiza-
tions for this- purpose./
2. In exercising their rights under this Convention,
States shall have reasonable regard to the exercise of
the rights and the performance of the duties of the
coastal. State in. the economic zone.
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Second revision
30 October 1974
Tentative. draft articles for a Coniren'Uon on the 7,z. ' o ' the ire i
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Second revision
30 October 1974
PART I
h~E TERRITORIAL SEA
(For each of the articles below, reference is giver, in parenthesis
to corresponding provisions in document A/COrjF.62/C.2AP.1)
General provisions
Alternative A
1. The sovereignty of a coastal
State extends beyond its coast
and internal or archipelagic
waters to a adjacent zone
described as the territorial
sea. (l.B, para. 1)
2. The sovereignty of a coastal
State extends to the air space
over the territorial sea as well
as to its bed and subsoil.(l.A, para. 2)
3. This sovereignty is exercised
in accordance with the provisions
of these articles and allows a
Plurality of regimes in the cases
and for the purposes indicated
hereinafter. (l.B, para. 3)
Article 1
Alternative B
1. The sovereignty of a coastal
State extends beycnd its land
territory and internal waters
and in the case of archipelagic
States, their archiaeiagic Waters,
over an adjacent belt of sea
defined as the territorial sea.
(l.C, para. 1)
2. The sovereignty of a coastal
State extends to the air space
over the territorial sea as well
as to its bed and subsoil.
(l.A, para. 2)
3. This sovereignty is exercised
subject to the provisions of these
articles and to other rules of
international law. (I.A, para. 3)
(Provision l)
Al vernative c
1. The sovereignt of a State
extends beyond its land territory
and its internal Maters, to a
beat of sea adjacent to its ccast,
c escrihed as the territorial sea.
(l.A , para. 1)
2. The sovereignty of a coastal
State extends to the air space
over the territorial sea as well
as to its bed and subsoil.
(l.A, para. 2)
3. This sovereignty is exercised
sltbtect to the provisions of these
articles and to other rules of
if-Gernational law. (l.A, para. 3)
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Alternative A
Each State has the right to
establish the breadth of its
territorial sea up to a distance
not exceeding 200 nautical miles,
measured from the applicable
baseline. (22.B)
Subalternatiye
1. Each coastal States shall have
the right to establish the limits
of the adjacent sea subject to its
sovereignty and jurisdiction,
within the maximum distance
referred to in paragraph 2 of this
article, having regard to
reasonable criteria which take
into account the relevant
geographical, geological,
ecological, economic and social
factors. and interests relating
to the preservation of the marine
environment and national
sovereignty. (23.B, para. 1)
2. In seas where the zone of
sovereignty and jurisdiction of
a coastal State can extend to a
distance of 200 nautical miles,
measured from the applicable
baselines, without interfering
with the zone of sovereignty and
jurisdiction of another coastal
State, that distance shall be
recognized as the maximum outer
limit applicable to the respective
zones of sovereignty and juris-
Alt ern.at ive B
Each State shall have the
right to establish the breadth of
its territorial sea up to a limit
not exceeding 12 nautical miles,
measured from baselines drawn in
accordance with articles ... of
this Convention. (22.A)
(Provisions 22 and 23)
Alternative C
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Article 3
(Provision 4)
ernative B
A coastal State may adopt
its own method of drawing the
baseline according to the
topographical features of its
coast. (4.8, para. 1)
In localities where the
coastline is regular or the
coast is low and flat, the
method of natural baseline,
i.e. taking the low-tide lines
as the baselines, may be employed
for measuring the breadth of
the territorial sea (24.B, para. 2)
Alt
Except where otherwise
provided in these articles, the
normal baseline for measuring the
breadth of the territorial sea is
the low-water line along the coast
as marked on large-scale charts
officially recognized by the
coastal State. (2+.A)
Article 4
Alternative A
1. In localities where the
coastline is indented or there
are islands along the coast, the
method of a series of straight
baselines, i.e. taking the
lines connecting the base-points
on the coast and the outermost
islands as the baselines, may
be employed for measuring the
breadth of the territorial sea.
(5.B, para. 1)
Alternative B
In localities where the
coastline is deeply indented and
cut into, or if there is a fringe
of islands along the coast in its
immediate vicinity, the method of
straight baselines joining
appropriate points may be employed
in drawing the baseline from which
the breadth of the territorial sea
is measured. (5.A)
r a ernaa ive c;
Identical with alternative B.
(Provision 5)
Alternative C
Identical with alternative B.
2. A coastal State with coasts
of great lengths and COMP I icated
topography may employ the-method
of mixed baselines, i.e. drawing
the baseline in turn by the
methods provided for in article
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Article 5
Alternative B
Suggested single formula
she drawing of such baselines must not depart to any appreciable extent from the general direction of
the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain
to be subject to the re ime of internal waters.
Article 6
Alternative A
Alternative A
Baselines shall not be drawn
to and from low-tide elevations,
unless lighthouses or similar
installations which are perma-
nently above sea level have been
built on them, or except where
States have historically and
consistently applied low-tide
elevations for the purpose of
drawing straight baselines.
{7.B)
Article 7
Alternative B
No such rule.
(Provision 6)
(Provision 7)
Baselines shall not be drawn
to and from low-tide elevations,
unless lighthouses or similar
installations which are permanently
aVove sea level have been built on
A)
them. VA)
(Provision 8)
Alternative C
Where the method of straight
baselines is applicable under the
provisions of article ..., account
may be taken, in determining
particular baselines, of economic
interests peculiar to the region
concerned, the reality and the
importance of which are clearly
evidenced by a long usage.
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Article 8 (Provision 10)
Suggested single formula
The system of straight baselines may not be applied by a State in such a manner as to cut off from
the, high seas the territorial sea of another State.
(Provision 11)
Suggested single formula
The coastal. State must clearly indicate straight baselines on charts, to which due publicity must be
given.
Innocent passage
Alternative A
1. In territorial seas whose
breadth exceeds 12 nautical miles,
shins of all States, whether
coastal or not, shall enjoy the
right of innocent passage in the
fcrm prescribed in articles (...)
with a limit of ... nautical
miles measured from the applicable
baselines. (24.B, para. 1)
Article 10 (Provisions 24 and 47, para. 2)
Alternative P
Subject to
these articles,
States, whether
shall enjoy the
passage
(2?0A)
through
Al ternative C
the Nrovisio::s of Identical with alternative B.
ships of all
coastal or not,
rig t of innocent
the territorial sea.
2. Beyond this internal limit,
ships shall enjoy freedom of
passage subject to the duties
of peaceful coexistence and. good
~
neighbourliness and also the
provisions au.opted by the
coastal State with regard to the
exploration, conservation and
e )loitation of resources, the
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Article 10 (continued)
Alternative A
preservation of the marine
environment, scientific research,
the emplacement of installations
and the security of navigation
and maritime transport.
(47, para. 2)
Article 11 (Provision 25)
Suggested single formula
1. Innocent passage means navigation through the territorial sea for the purpose either of traversing
that sea without entering any port or internal waters, or of proceeding to or from any port or internal
waters. (25.8, para. 1)
2. For the purposes of these articles the term "port" includes any harbour or roadstead normally used
for the loading, iriloading or anchoring of ships. (25.B, para. 2)
Article 12 (Provisions 26 and 28)
Suggested single formula
1. Innocent passage includes stopping and anchoring, but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by force majeure or by distress. (26)
2. Passage shall be continuous and expeditious. Passing ships shall refrain from manoeuvring
unnecessarily, hovering or engaging in any activity other than mere passage. (28)
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Alternative A
1. Passage is innocent so long
as it is not prejudicial to the
peace, good order or security of
the coastal State Such passage
shall take place in conformity
with these articles and with
other rules of international
lax . (27-A)
2. Passage of a foreigl ship
shall be considered to be
prejudicial to the peace, good
order or security of the
coastal State, if in the
territorial sea it engages in
any threat or use of force in
violation of the charter of
the United _ ations against the
territorial integrity or
politi cal independence of the
coastal State or of any other
State, or if it engages in
any of the following
activities: (27.B, para. 2)
(1 )
any other warlike
act against the
coastal or any other
State;
Alternative B
1. Passage is innocent so long
as it is not prejudicial to the
peace, good order or security of
the coastal State. Such passage
shall take place in conformity
with these articles and with other
rules of international law.
(27?A)
(Provision 27)
Alternative C
Passage is innocent so long
as it is not r_ejudicial to the
peace, good order or security of
the coastal State. Such passage
shall take place in conformity
with these articles and with
(27.A)
2. Passage of a foreign ship
shall not be considered
prejudicial to the peace, good
order or security of the coastal
State ,unless, in the territorial
sea, it engages in any threat or
use of force in violation of
the Charter of the United 1?ations
against the territorial integrity
or political independence of t?e
coastal State, or without
authorization from the coastal
State or justification under
international law in are of the
following activities: (27.C, para.2)
(a) any exercise or practice
with weapons of any kind;
(b) the launching or taking on
board of any aircraft;
any exerc-ri.se or practice
with weapons of any (c) the launching, landing or
kind; taring on board of any military
device;
of internation ! law.
(iii) the launching or taking
on board of any Appro~ Fo`f efj'as` ebb?/& 2j~':sdf- RiSO0697R000300080007-2
aircraft. of any person or cargo
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Article 13 (continued)
!lternative A
(iii
e launching, landing
or taking on board of
any military device;
(v) the embarking or
disembarking of any
person or cargo;
(vi) any act of espionage
affecting the defence
or security of the
coastal State;
(vii) any act of propaganda
affecting the security
of the coastal State;
(viii) any act of interference
with any systems of
communication of the
coastal or any other
State;
(ix) any act of interference
with any other facility
or installation of the
coastal State;
(x) any other activity not
having a direct bearing
on passage.
Alternative B
contrary to the customs, fiscal,
immigration or sanitary la-.,,7s or
regulations of the coastal State;
(e) any act aimed at
interfering with any system of
communication of the coastal
State;
(f) any act aired at
interfering with any other
facilities or installations of
the coastal State.
3. Passage shall not be considered
prejudicial to the -peace., good order
or security of the coastal Sate if
any such activity is carried out with
the prior authorization of the
coastal State or as rendered necessary
by fcrce-~ nmajeu..e or distress or for
the purpose of renderin}, assistance to
persons, ships or aircraft in danger
or distress, or as may be prudent for
safe navigation. (27.B, para. 3)
3, Passage shall not be
considered prejudicial to the
peace, good order or security of
the coastal State if any such
activity is carried out with the
Prior authorization of the coastal
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Article 13 (continued)
_l1.-1---native A
State or as rendered necessary
by force ma,ieure or distress or
for the purpose of rendering
assistance to persons, ships or
aircraft in danger of distress,
or as may be prudent for safe
navigation. (2 7.3, para. 3)
Article 14
A ternative A
1. The coastal State may mare
lays and regulations, in
conformity with the provisions
of this Convention and other
rules of international law,
relating to innocent passage
through the territorial sea,
which laws and regulations may
be in respect of all or any of
the following: (29.B, para. 1)
(a) the safety of navi-
gation and the regulation of
marine traffic, including the
designation of sealanes and
the establishment of traffic
separation schemes;
(b) the protection of
navi,ational aids and facili-
ties and other facilities or
in;talla lions incl uding.; those
-Alternative B
1. Fore g-i ships exercising the
right of innocent passage shall
comply with the laws and regulations
enacted by the coastal State in
conformity with these articles and
other rules of international law
ari d , in particular, with such laws
aria regulations relating to
transport and navigation.
(29.A, para. 1)
(Provision 29)
Alternative C
identical with alternative E.
2. Passage of foreign fishing
vessels shall not be considered
innocent if they do not observe such
laws and regulations as the coastal
State may make and ;publish in order
to prevent these vessels from fishing
in the territorial sea.
(29.A, para. 2)
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tation of the marine resources
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Article 14 (continued)
Alternative A
of the territorial sea and the
sea-bed and subsoil thereof;
(c) the protection of
submarine or aerial cables and
pipelines;
(d) the conservation of
the living resources of the sea;
(e) the preservation of the
environment of the coastal State,
including the territorial sea,
and the prevention of pollution
thereto;
(f) research of the
marine environment and hydro-
graphic surveys;
(g) the prevention of
infringement of the customs,
fiscal, immigration, quarantine
or sanitary or phytosanitary
regulations of the coastal State;
(h) the prevention of
infringement of the fisheries
regulations of the coastal State,
including inter alia those
relating to the stowage of gear.
2. Such laws and regulations
shall not (29.B, para. 2)
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Alternative A
(a) apply to or affect the
design, construction, manning or
equipment of foreign ships or matters
regulated by generally accepted
international rules unless
specifically authorized by such
rules; or
Article 14 (continued)
(b) impose requirements on
foreign ships which have the practical
effect of denying or prejudicing the
right of innocent passage in accordance
with this Convention.
3. The coastal State shall give due
publicity to all laws and regulations
made by it under the provisions of
this article. (629.8, para. 3)
4. Foreign ships exercising the
right of innocent passage through the
territorial sea shall comply with all
such laws and regulations of the
coastal State. (29,8, para. 4)
During their passage through the
territorial sea, foreign ships,
including marine research and
hycrographic survey ships, may not
carry out any research or survey
activities without the prior
authorization of the coastal State.
(29.8, para. 5)
6. A coastal State may, ;,=here it
considers it necessary having
tw~ r ~,,2r
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Article 14 (continued)
Alternative A
require foreign ships exercising
the right of innocent passage
through its territorial sea to use
such sealanes and traffic
separation schemes as may be
designated or prescribed by the
coastal State for the regulation
of the passage of ships.
(29.B, para. 6)
7. A coastal State may from time
to time, after giving due publicity
thereto, substitute other sealanes
for any sealanes previously
designated by it under the
provisions of this article.
(29.3, para. 7)
8. in the designation of sealanes
and the prescription of traffic
separation schemes under the
provisions of this article a
coastal State shall take into
account: (29.3, para. 8)
(a) the recommendations of
competent international organizations;
(b) any channels customarily
used for international navigation;
(c) the special characteristics
of particular channels; and
(d) the special characteristics
of particular ships.
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Alternative A
The coastal State shall
clearly demarcate
all sealanes
designated by it under the
provisions of this article and
indicate them on charts to
-~Whhich due Publicity shall be
given, (29.B, para. 9)
10. Foreign ships exercising
through the right of innocent passage
the territorial
sha: l sea
a v all times, and
Particularly when using sealanes
and traffic sep oration schemes,
nated or prescribed by the
coastal State under the
provisions of this article
Comply with all generally
accepted international
regv= ations relating to the
prevention of eoljisions at sea.
(29.B, para. 10)
1l? if in the application of its
laws and regulations, a coastal
State acts in a manner contrary
to the provisions of these
articles and loss or damage
results to any foreign shin
exercising the rig' Of ~.st of Innocent
passage through the
sea, the coastal Stateershall
~al
compensate the owners
ships for that f such
whloss or damage.
(29.B, para. 11)
Article 14 (continued)
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Article 15 (Provision 31)
Suggested single formula:
The coastal State shall not hamper the innocent passage of foreign ships through the territorial
sea and, in particular, it shall not, in the application of these articles or of any lays or
regulations made under the provisions of these articles, discriminate in form or in fact against the
ships of any particular State or against ships carrying cargoes to, from or on behalf of any
particular State.
Article 16 (Provision 30)
Suggested single formula:
Submarines and other underwater vehicles are required to navigate on the surface and to show
their flag. (30.A)
Article 17 (Provision 33)
Suggested single formula:
The coastal State may take the necessary steps in its territorial sea to prevent passage which
is not innocent.
Article 18 (P.~r
~otiis-Ion 34)
Suggested single formula:
in the case of ships proceeding to internal waters, the coastal State shall also have the right
to take the necessary steps to prevent any breach of the conditions to which admission of those ships
to those waters is subject. (34.A)
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Article 19
(Provision 35)
Suggested single formula:
The coastal State may, without discrimination amongst foreign ships, suspend temporarily in
specified areas of its territorial sea the innocent passage of foreign ships if such suspension is
essential for the protection of its security. Such suspension shall take effect only after having
been duly published.
Alternative A
1. Tankers and ships carrying
nuclear or other inherently
dangerous or noxious substances
or materials may be required to
give prior notification of their
passage to the coastal State and
to confine their passage to such
sealanes as may be designated
for that purpose by the coastal
State. (36.A, para. 1)
2. For the purpose of this
article, the term "tanker"
includes any ship used for the
carriage in bulk in a liquid
state of petroleum, natural gas
or any other highly inflammable,
explosive or pollutive substance.
(36.A, para. 2)
3. In order to expedite the
passage of ships through the
territorial sea the coastal
State shall ensure that the
procedures for notification
under the provisions of this
Article 20
Alternative B
1. The coastal State may
regulate the passage through
its territorial sea of the
following: (36.3, para. 1)
(a) nuclear-powered ships
or ships carrying nuclear weapons;
(b) marine research and
hydrographic survey ships;
(c) oil tankers and chemical
tankers carrying harmful or
noxious liquid substances in bulk;
(d) ships carrying nuclear
substances or materials.
2. The coastal State may require
prior notification to or
authorization by its competent
authorities for the passage through
its territorial sea of foreign
ships mentioned in subparagraph (a)
of paragraph 1. (36,3, para. 2)
Alternative -C
To such rule.
(Provision 36)
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Article 20 (continued)
Alternative A Alternative B
article shall be such as not 3. The coastal State may require
to cause any undue delay. prior notification to its competent
(36.A, para. 3)
authorities for the passage through
its territorial sea, except along
designated sealanes, of foreign
ships mentioned in subparagraph (b)
of paragraph 1. (36.B, para. 3)
4+. The coastal State may require
the passage through its territorial
sea along designated sealanes of
foreign ships mentioned in
subparagraphs (c) and (d) of
paragraph 1, in conformity with
article ... (36.B, para. 4)
Alternative C
Article 21 (Provision 38)
Suggested single formula:
1. No change may be levied upon foreign ships by reason only of their passage through the
territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as paymenu
specific services rendered to the ship. These charges shall be levied without discrimination,only for
Alternative A Alternative B
Alternative C
The rules co t
n a
cre In Identical with alternative A. Government ships operated
articles .,, shall apply to
government ships operated for for commercial purposes in
commercial purposes. (41.A) Approved For Release 2003/04/25: CIA-RDP82S001' OOO3OOO8OOO7d.1 waters
shall enjoy immunity, and
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Article 22 (continued)
Alternative C
therefore the measures referred
to in this provision may be
applied to them only with the
copse t of the State whose
flag the ship flies. (41.B)
1. The rules contained in articles .
purposes.
Article 23
Suggested single formula :
(Provision 42)
shall apply to government ships operated for non-commercial
2. With such exceptions as are contained in the provisions referred to in the preceding paragra p
nothing in these articles affects the immunities which such ships en'o?
rules of international law. h,
J y under these articles or other
Alternative A
1. The coastal State may
require prior notification to
or authorization by its competent
authorities for the passage of
foreign warship through its
territorial sea, in conformity
with regulations in force in
such a State. (44.c, para. 1)
2. Foreign warships exercising
the right of innocent passage
shall not perform any activity
which does not have a direct
Article 24
Alternative B
1? Foreign warships exercising
the right of innocent passage
shall not9 in the territorial
sea, carry out any manoeures
other than those having direct
bearing on passage.
(44.8, para. 1)
2. If any warship does not
comply with the laws and
regulations of the coastal State
relating to passage through the
territorial sea or fails to comply
Alternative C
(Provision 44)
If any warship does not
comply with the regulations
for the coastal State
concerning passage through
the territorial sea and
disregards any request for
compliance which is made to
it, the coastal State may
require the warship to leave
the territorial sea.
(44.A)
r;~
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Alternative A
bearing on the passage, such
as: (44.C, para, 2)
(a) Carrying out any
exercise or practice with
weapons of any kind;
(b)
position by the crew;
(c)
Assumption of combat
Flying their aircraft;
(d) intimidation or
display of force;
(e) Carrying out research
operations of any kind,
3. if any warship does not
comply with the regulations for
the coastal State concerning
passage through the territorial
sea and disregards any request
for compliance which is made to
it, the coastal State may
require the warship to leave
the territorial sea, (44.A)
Article 24 (continued)
Alternative B
with the requirements of
paragraph ... of this article, and
disregards any request for
compliance which is made to it, the
coastal State may suspend the right
of passage of such warship and may
reatire it to leave the territorial
sea by such safe and expeditious
route as may be directed by the
coastal State. (44.B, para. 2)
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Second revision
30 October 1974
(For each of the articles below, reference is given in parenthesis
to corresponding provisions in document A/CONr.62/C.2/WP.1)
Article 26
Alternative A
The Continental Shelf of
a coastal State extends beyond
its territorial sea to a distance
of 200 miles from the applicable
baselines and throughout the
natural prolongation of its land
territory where such natural
prolongation extends beyond
200 miles, (to the outer limit
of its continental margin).
(68.B and C, first line)
Alternative 3
(1) The outer limit of the Con-
tinental Shelf may be established
by the coastal State within
the 500 metre isobath.
(81,G, para.. i)
(2) in areas where the 500 metre
isobath is situated at a distance
less than 200 nautical miles
measured from the baselines from
which the territorial sea is
measured, the outer limit of the
Continental Shelf may be estab-
lished by the coastal. State by a
line every point of which is a
distance from the nearest point
of the said baselines not
exceeding 200 nautical miles.
(81.G, para. 2)
(Provisions 68 and 81)
Alternative C
The Continental. Shelf of a
coastal State comprises the
sea-bed and subsoil of the sub-
marine areas adjacent to the
State, but outside the area of
the territorial sea. The outer
limit of the Continental Shelf
s;call not exceed a maximum
distance of 200 nautical miles
from the baseline for measuring
the breadth of the territorial
sea. (68.D, first two lines, and
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Articid 2?I
Alternative A
Alternative B
The sovereignty of a coastal
State extends to its Continental.
Shelf. (69.B)
The coastal State exercises
over the Continental Shelf
sovereign rights for the purpose
of exploring it and exploiting
its natural resources. (69.A)
Proposed single formula:
(Provision oy /
The coastal State exercises
over the Continental Shelf sovereign
rights for the purpose of exploring
it and exploiting its natural
resources. (69.A)
(Provision 85)
Proposed single formula:
The natural resources referred to in these provisions consist of the mineral and other non-living
resources of the sea-bed and subsoil together with living organisms belonging to sedentary species,
that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed
or are unable to move except in constant physical contact with the sea-bed or the subsoil.
Article 29
Alternative A
The rights of the coastal
State over the Continental Shelf
do not affect the legal regime of
the superjacent waters or air
space. (?6.B)
The normal navigation and
overflight on and in the air
space above the superjacent
Alternative B
The rights of the Coastal State
over the Continental Shelf do not
affect the legal status of the
superjacent waters as high seas, or
that of the air space above those
waters. (86.A)
waters of the Continental Shelf
by ships and aircraft of all
States shall not be prejudiced.
(86.B) Approved
(Provision 86)
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Article 29
Proposed single formula-
(Provision 86)
The rights of the coastal State over the Continental Shelf do not affect the legal regime of the
superjacent waters or air space. (86.B. first paragraph)
Article 30
Alternative A
Alternative B
The` coastal State shall
exercise its rights and -perfo m
its duties without unjustifiable
interference with navigation or
other uses of the sea, and ensure
compliance with applicable
international standards
established by the approj:: fate
international organizations
for this purpose. (73,C)
The exercise of the coastal
State?s rights over the Conti=
nental. Shelf shall not result in
any unjustifiable interference
with the freedom of navigation
in the superjacent waters and of
overflight in the suaera.cent'
air space, nor shall it impede
the use of recognized lanes
essential to international
navigation. (7303)
(Provision 73)
Alternative C
The exploration of the
Continental Shelf and the
exploitation of its natural
resources must not result in
any unjustifiable interference
with navigation, fishing or the
conservation of the living
resources of the sea, nor result
in any interference with funda-
mental oceanographic or other
scientific research carried out
with the intention of open
publication, Neither the
installations or devices, nor the
safety zones around them, may be
established where interference
may be caused to the use of
recognized sealanes essential to
international navigation. (73.A)
Proposed single form 1a:
The coasta'+_ State shall exercise its rights and perform its duties on the Continental Shelf without
unjustifiable interference with navigation and other legitimate uses of the sea. (73.C, first two lines)
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Article 31
(Provision 72)
Suggested single formula:
(1) Subject to its right to take reasonable measures Shelf, the exploitation of its natural resources for the exploration of the Continental
State may not impede the laying or maintenance of asa the
ar prevention of pollution, the coastal
Shelf. (72.C)b.arine cables or pipelines on its Continental
(2) The delineation of the course for laying submarine cables and pipelines on the
Shelf by a foreign State is subject to the consent of the coastal State. Continental
(72,B)
(3) Nothing in this article shall affect the '
pipelines constructed or used in connexion with thedexplora~fl r coastal
the cx loo State over its c Clns and
en
s Q
Shelf or the operations of an installation under its jurisdiction or exploitation its ost fight to est Continental
conditions for cables or pipelines entering its territory oryterritorial sea. (2. establish
(72,C)
() When laying submarine cables and pipelines due regard shall be paid to cables already in position on the sea-bed. In particular , possibilities of r and or pipelines shall not be prejudiced. (72,C) repairing existing cables
Alternative A
Article 32
(Provision 80)
No such rule.
Alternative B
The coastal State in the
exercise of its rights with
respect to the non-renewable
natural resources of the
Continental Shelf: shall pay,
in respect of the exploitation
of such non-renewable resources
seaward of the territorial sea
or the 200-metre isobath,
whichever is further seaward
(insert formula), to be used
as specified
in n article ,
for international community
Purposes, for the benefit of
developing countries, (80.x)
Alternative C
1? A coastal State shall
make contributions to the
international authority out of
the revenues derived from
exploitation of the non-living
resources of its Continental
Shelf in accordance with the
following paragraph. (80.A,
Para, 1)
2. The rate of contribution
shall be ... per cent of the
revenues from exploitation
carried out within 40 miles or
200 metres isobath of the
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Article 32 (continued)
Alternative C
Continental Shelf, whichever
limit the coastal State may
choose to adopt, and
... per cent of the revenues
from exploitation carried out
beyond 40 miles or 200 metres
isoba:Eh within the Continental
Shelf, (o0.A
s para. 2)
3. The international
author'ty shall distribute
these contributions on the
basis of equitable sharing
criteria. (80.A, para. 3)
Alternative A
Article 33
Alternative B
(Provisions 73 and 74)
1 s The emplacement and use of
installations on the Continental
Shelf shall be subject to the
authorization and regulation of
the coastal State. Such
authorization shall not be
unreasonably withheld.
2. Subject to paragraphs 3--6
of this article and to the
provisions of article ..., the
coastal State is entitled to
construct and maintain or
operate on the Continental Shelf
installations and other devices
necessary for its exploration
and the exploitation of its
the coastal State shall have
the exclusive right to authorize
and regulate on the Continental
Shelf the construction, operation
and use of artificial islands and
installations for the purpose of
exploration or exploitation of
natural resources or for other
economic purposes, and of any
installations which may interfere
with the exercise of the rights
of the coastal State. (71+.B,
first para.)
The coastal State may, where
necessary, establish reasonable
safety zones around such off-shore
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Article 33 (continued)
Alternative A
natural resources, and to
establish safety zones around
such installations, and devices
and to tae in those zones
measures necessary for their
protection. (714.A, first
sentence)
3. The safety zones referred
to in paragraph 2 of this
article may extend to a
distance of ... metres around
the installations and other
devices which have been
erected, measured from each
point of their outer edge.
Ships of all nationalities
must respect these safety
zones.
4. Neither the installations
or devices, nor the safety
zones around them, may be
established where interference
may be caused to the use of
recognized sea lanes
essential to international
navigation. (73, second
para.)
Alternative B
installations in which it may
take appropriate measures to
ensure the safety both of the
installations and of navigation.
Such safety zones shall be
designed to ensure that they
are reasonably related to the
nature and function of the
installation. Ships of all
nationalities most respect
these safety zones. (74.8,
second para.)
The breadth of the safety
zones shall be determined by
the coastal State and shall
conform to applicable
international standards in
existence or to be established
by the Inter-Governmental
Marine Consultative Organization
regarding the establishment and
breadth of safety zones. in the
absence of such additional
standards, safety zones around
installations for the exploration
and exploitation of none
renewable resources of the sea-bed
and subsoil may extend to a
distance of 500 metres around the
installations, measured from each
point of their outer edge.
(74.8, third para.)
States shall ensure
compliance by vessels of their
flag with applicable international
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Article 33 (continued)
iu ~er ative 3
outside the safety zones but, in
the vicinity of Such olc"'--shore
patio }.s. (Y4.3, fourth
para.)
Installations and safety
zones ar~o n them may not be
established where interference
may be ca,~.sed to the use o:.'
recognized sea-lanes essential to
international navigation. {74.3,
last para. )
Article 34
Suggested single formula:
(P_ovision 75)
Due notice must be given of the construction of any such installations, and permanent means
for giving warning of their presence must be maintained. Any ins tallcc- tions *h ch are abandoned or
disused must be entirely removed.
Alternative A
Such installations and
devices, though under the
jurisdiction of the coastal
State, do not -possess the status
of i slande . Thcy rla't e no
territorial sea of their c n,
and their presence does not
affect -I.-'---e d--2--imitation of the
territorial sea of the coastal
State. (76.A)
(Provision 76)
Alternative B
For the purpose of this
;~Zn.S al_E_a L~a~s,4
section, the term
refers to artificial off-shore
islands, f&cilities, or similar
1
athe~, than hwhich
mobile in their nor al mode
of
t sea,
1, on 4 SLas
0, vro~~ r
a
installations shall not aaf.ord
a basis for a claim to a
1~r vial sea or economic zone,
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Article 35 (continued)
Alternative B
and their Presence does not affect
the delimitation of the
territorial sea or economic zone
1
of the coastal State. (76.3)
Article 36 (Provision 77)
Alternative A Alternative B
The establishment of any No State shall be entitled to
type of installation by third construct, maintain, deploy or
States or their nationals is operate on the Continental Shelf of
subject to the permission of another State any military installations
the coastal State, (MA) .A) or devices or any other installations
for wi:ay u..~, t_e rer purposes without the
:.
consent of the coastal State. (77.B)
Article 37
Suggested single formula:
In exercising their rights under this Convention, States shall not interfere with the rights,
or the performance of the duties, of the coastal State with respect to the Continental Shelf.
Article 38
Suggested single formula:
The coastal State shall ensure that ary exploration and exploitation with regard to its
Continental Shelf is carried out exclusively for peaceful purposes.
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